Page images
PDF
EPUB

irom the other House a resolution with respect to the same plan, then

(a) If no resolution of the first House with respect. In such plan has been referred to committee, no other resolution with respect to the sumo plan may be reported or (ilespite the provisions of section 204 (a)) be made the subject of a motion to discharge.

(b) If n resolution of the first blouse with respect to such plon has been referred to committee

(1) tho procedure with respect to that or other resolutions of such House with respect to such plan which bave been referred to coinmittee shall bo the same as if no resolution from the other House with respect to such plan bad been received; but

(2) on any vote on final passage of a resolution of the first House with respect to such plan the resolution from the other House with respect to such plan shall be automatically substituted C. The Reorganization Act of 1949

for the resolution of the first House. Approvod December 20, 1945.

(63 Stat. 203)

This act was the result of the enactment of H.R. 2361, 81st Congress. It was approved on June 20, 1949, as Public Law 109, 81st Congress. The text of the act appears in volume 63, Statutes at Large, pages 203– 207. Its provisions have been codified as 5 U.S.C. 133z et seq.

A. LEGISLATIVE HISTORY OF PUBLIC Law 109, 81st CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page citations are to vol. 95, Congressional Record) H.R. 2361: To provide for the reorganization of Government agencies, and for other purposes. Mr. Dawson; Committee on Expenditures in the Executive Departments, 930. Reported back (H. Rept. 23), 930. Debated, 871, 890. Amended and passed House, 923. Referred to Senate Committee on Expenditures in the Executive Departments, 940. Amended and passed Senate (in lieu of S. 536), 6223. Senate insists upon its amendment and requests a conference, 6231. Conferees appointed, 6231. House disagrees to Senate amendments and agrees to a conference, 6346. Conferees appointed, 6345. Conference report (H. Rept. 843) submitted in Senate and agreed to, 7785. Conference report submitted in House and agreed to, 7827. Examined and signed, 7934. Presented to the President, 7993. Approved (Public Law 109), 8220.

S. 526: To provide for the reorganization of Government agencies and for other purposes. Mr. McClellan, Mr. Eastland, Mr. McCarthy, Mr. Hoey, and Mr. O'Connor; Committee on Expenditures in the Executive Departments, 302. Reported with amendments (S. Rept. 232), 4016. Debated, 6223. Indefinitely postponed (H.R. 2361 passed in lieu), 6231.

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS

RELATING TO PUBLIC LAW 109, 81ST CONGRESS

House Report 23, 81st Congress, 11296.
House Report 843 (conference), 81st Congress, 11299.
Senate Report 232, 81st Congress, 11291.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 109,

81ST CONGRESS

Senate Committee on Expenditures in the Executive Departments : Reorganization, budgeting, accounting, and auditing methods, February 27-March 7, 1950, on S. 2045, H.R. 5178, 5823, 81st Congress. Reorganization Act of 1949, February 2–15, 1949, on S. 526, 81st Congress.

House Committee on Expenditures in the Executive Departments: Reorganization of government agencies, January 24–31, 1949, on H.R. 1569, 81st Congress.

B. TEXT OF PUBLIC Law 109, 81st CONGRESS

AN ACT
To provide for the reorganization of Governmont agencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United Statcs of America in Congrc88 assembled,

Jimm 20, 1919

(H. R. 2301) Trublio Low 100),

TITLE I

BHORT TITLE

Roorganization Act of 1919.

SECTION 1. This Act may be cited as the “Reorganization Act of 1949".

NEED FOR REORGANIZATIONS Sec. 2. (n) The President shall examino and from time to timo roexamine the organization of nll agencies of the Governmont and shall dotermine what changes therein are necessary to accomplish the following purposes:

(i) to promote tho botter execution of the laws, tho moro offcctivo management of the exccutive branch of the Government and of its agencies and functions, and the expeditious administration of the public business;

(2) to reduce expenditures and promoto economy, to the fullest extent consistent with the efficient operation of the Government;

(3) to increase the efficiency of the oporations of the Government to the fullest extent practicable;

(4) to group, coordinato, and consolidnto ngencies and functions of the Government, as nearly as may bo, according to major purposes;

(6) to reduce the number of agencies by consolidnting those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the ellicient conduct of the Government; and

(6) to eliminate overlapping and duplication of effort. (b) The Congress declares that the public interest demands the carrying out of the purposes specified in subsection (a) and that such purposes may be accomplished in great measure by proceeding under the provisions of this Act, and can be accomplished more speedily thoroby than by the enactment of specific legislation.

REORGANIZATION PLANS

Findings by tbe President.

Sec. 3. Whenever the President, after investigation, finds that,

(1) the transfer of the whole or any part of any agoncy, or of the whole or any part of the functions thereof, to the jurisdiction and control of any

other

agency; or (2) the abolition of all or any part of the functions of any agency; or

(3) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions thereof, with the whole or any part of any other agency or the functions thereof; or

(4) the consolidation or coordination of any part of any agency or the functions thereof with any othar part of the same agency or the functions thereof; or

(5) the authorization of any officer to delegato any of his functions; or

Appointmont and componsation of car tain odoor,

(6) the abolition of the whole or any part of any ngency which agency or part does not have, or upon the taking effect of the

reorganization plan will not have any functions, Propnention and is necessary to accomplish one or more of tho purposes of section 2 transmitial of plans to Congrass.

(a), ho shall prepare a reorganization plan for the making of the roorgnnizations as to which he has made findings and which ho includes in the plan, and transmit such plan (bearing an identifying number) to the Congress, together with a declaration that, with respect to each reorganization included in the plan, he has found that such reorganiza. tion is necessary to accomplish one or moro of tho purposes of soction

2 (a). The delivery to both Houses shall be on the snme day and SpeclAcation of stat. shall be made to ench House while it is in session. The President, utory authority.

in his message transmitting a reorganization plan, shall specify with respect to each abolition of a function included in tho plan the statutory authority for the exercise of such function, and shall specify the reduction of expenditures (itemized so far as practicable) which it is probable will be brought about by the taking effect of the reorganizations included in the plan.

OTHER CONTENTS OF PLANS SEO. 4. Any reorganization plan transmitted by the President under section 3

(1) shall change, in such cases as ho dcems necessary, the name of any agency affected by a reorganization, and the title of its head; and shall designate the name of any agency resulting from a reorganization and the title of its head;

(2) may include provisions for the appointment and compensation of the head and one or more other officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declaros, that by reason of a reorganization made by the plan such provisions are necessary. The head so provided for may be an individual or may be a commission or board with two or more members. In the case of any such appointment the term of office shall not be fixed at more than four years, the compensation shall not be at a rate in excess of that found by the President to prevail in respect of comparable officers in the executive branch, and, if the appointment is not under tho classified civil service, it shall be by the President, by and with the advice and consent of the Senate, except that, in the case of any officer of the municipal government of the District of Columbia, it may be by the Board of Commissioners

or other body or officer of such governinent designated in the plan; Transfer of records,

(3) shall make provision for the transfer or other disposition of etc.

the records, property, and personnel affectod by any rcorgani

zation; Transfor of funds,

(4) shall make provision for the transfer of such unexpended eto.

balances of appropriations, and of other funds, availablo for use in connoction with any function or agency affected by a reorganization, as he deems necessary by reason of the reorganization for uso in connection with the functions affected by the reorganization, or for the use of tho ngency which shall havo such have such functions after the roorgnnization plan is effective, but such unexpended balances so transferred shall be used only for the

purposes for which such appropriation was originally made; Abolished agonoy.

(5) shall make provision for terminating the affairs of any agency abolished.

« PreviousContinue »