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

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

(b) If a resolution of the first House with respect to such plan has been referred to committee

(1) the procedure with respect to that or other resolutions of such House with respect to such plan which have been referred to committee shall be the same as if no resolution from the other House with respect to such plan had 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 for the resolution of the first House.

Approved December 20, 1945.

C. The Reorganization Act of 1949

(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 203207. 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

Jimo 20, 1949 (H. R. 2301)

To provide for the reorganization of Government agencies, and for other purposes. (Public Law 109)
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

TITLE I

SHORT TITLE

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

NEED FOR REORGANIZATIONS

SEC. 2. (a) The President shall examine and from time to time reexamine the organization of all agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes:

(1) to promote the better execution of the laws, the more effective management of the executive 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 operations of the Government to the fullest extent practicable;

(4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes;

(5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient 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 thereby than by the enactment of specific legislation.

REORGANIZATION PLANS

SEC. 3. Whenever the President, after investigation, finds that—
(1) the transfer of the whole or any part of any agency, 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 other part of the same agency or the functions thereof; or

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

transmittal of plans to

Congress,

(6) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of the reorganization plan will not have any functions,

Preparation and is necessary to accomplish one or more of the purposes of section 2 (a), he shall prepare a reorganization plan for the making of the reorganizations as to which he has made findings and which he 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 reorganization is necessary to accomplish one or more of the purposes of section 2 (a). The delivery to both Houses shall be on the same day and Specification of stat shall be made to each 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 the 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 he deems 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 declares, 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 the 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 government designated in the plan; (3) shall make provision for the transfer or other disposition of the records, property, and personnel affected by any reorganization;

(4) shall make provision for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with any function or agency affected by a reorganization, as he deems necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have such have such functions after the reorganization plan is effective, but such unexpended balances so transferred shall be used only for the purposes for which such appropriation was originally made; (5) shall make provision for terminating the affairs of any agency abolished.