LIMITATIONS ON POWERS WITH RESPECT TO REORGANIZATIONS SEO. 5. (a) No reorganization plan shall provide for, and no roorganization under this Act shall have the effect of (1) abolishing or transferring an executive department or all the functions thereof or consolidating any two or more executive departments or all the functions thereof; or (2) continuing any agency beyond the period authorized by law for its existenco or beyond the time when it would have terminated if the reorganization had not been made; or (3) continuing any function beyond the period authorized by law for its exercise, or beyond the time when it would have terminated if the reorganization had not been made; or (4) authorizing any agency to exercise any function which is not expressly authorized by law at the time the plan is transmitted to the Congress; or (5) increasing the term of any office beyond that provided by law for such office; or (6) transferring to or consolidating with any other agency the municipal government of the District of Columbia or all those functions thereof which are subject to this Act, or abolishing said government or all said functions. Time limitation for transmittal to Con (b) No provision contained in a reorganization plan shall take effect unless the plan is transmitted to the Congress before April 1, gress. 1953. TAKING EFFECT OF REORGANIZATIONS SEC. 6. (a) Except as may be otherwise provided pursuant to subsection (c) of this section, the provisions of the reorganization plan shall take effect upon the expiration of the first period of sixty calendar days, of continuous session of the Congress, following the date on which the plan is transmitted to it; but only if, between the date of transmittal and the expiration of such sixty-day period there has not been passed by either of the two Houses, by the affirmative vote of a majority of the authorized membership of that House, a resolution stating in substance that that House does not favor the reorganization plan. (b) For the purposes of subsection (a)— (1) continuity of session shall be considered as broken only by an adjournment of the Congress sine die; but (2) in the computation of the sixty-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain. (c) Any provision of the plan may, under provisions contained in the plan, be made operative at a time later than the date on which the plan shall otherwise take effect. DEFINITION OF "AGENCY" SEC. 7. When used in this Act, the term "agency" means any executive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government, and means also any and all parts of the municipal government of the District of Columbia except the courts thereof. Such term does not include the Comptroller General of the United States or the General Accounting Office, which are a part of the legislative branch of the Government Effective date. MATTERS DEEMED TO BE REORGANIZATIONS SEO. 8. For the purposes of this Act the term "reorganization" moans any transfor, consolidation, coordination, authorization, or abolition, referred to in section 3. SAVING PROVISIONS SEO. 9. (a) (1) Any statute enacted, and any regulation or other action made, prescribed, issued, granted, or performed in respect of or by any agency or function affected by a reorganization under the provisions of this Act, before the effective date of such reorganization, shall, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, have the same effect as if such reorganization had not been made; but where any such statute, regulation, or other action has vested the function in the agency from which it is removed under the plan, such function shall, insofar as it is to be exercised after the plan becomes effective, be considered as vested in the agency under which the function is placed by the plan. (2) As used in paragraph (1) of this subsection the term "regulation or other action" means any regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action. (b) No suit, action, or other proceeding lawfully commenced by or against the head of any agency or other officer of the United States, in his official capacity or in relation to the discharge of his official duties, shall abate by reason of the taking effect of any reorganization plan under the provisions of this Act, but the court may, on motion or supplemental petition filed at any time within twelve months after such reorganization plan takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, allow the same to be maintained by or against the successor of such head or officer under the reorganization effected by such plan or, if there be no such successor, against such agency or officer as the President shall designate. UNEXPENDED APPROPRIATIONS SEC. 10. The appropriations or portions of appropriations unexpended by reason of the operation of this Act shall not be used for any purpose, but shall be impounded and returned to the Treasury. PRINTING OF REORGANIZATION PLANS SEC. 11. Each reorganization plan which shall take effect shall be printed in the Statutes at Large in the same volume as the public laws, and shall be printed in the Federal Register. TITLE II SEC. 201. The following sections of this title are enacted by the Congress: (a) As an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in such House in the case of resolutions (as defined in section 202); and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (b) With full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in' such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House. SEO. 202, As used in this title, the term "resolution" means only a resolution of either of the two Houses of Congress, the matter after the resolving clause of which is as follows: "That the does not favor the reorganization plan numbered transmitted to Congress by the President on 19-.", the first blank space therein being filled with the name of the resolving House and the other blank spaces therein being appropriately filled; and does not include a resolution which specifies more than one reorganization plan. SEO. 203. A resolution with respect to a reorganization plan shall be referred to a committee (and all resolutions with respect to the samo plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. SEC. 204. (a) If the committee to which has been referred a resoJution with respect to a reorganization plan has not reported it. before the expiration of ten calendar days after its introduction, it shall then (but not before) be in order to move either to dischargo the committee from further consideration of such resolution, or to discharge the committee from further consideration of any other resolution with respect to such reorganization plan which has been referred to the committee. (b) Such motion may be made only by a person favoring the resolution, shall be highly privileged (except that it may not be mado after the committee has reported a resolution with respect to the samo reorganization plan), and debato thercon shall be limited to not to exceed one hour, to be equally divided between those favoring and those opposing the resolution. No amendment to such motion shall be in order, and it shall not be in order to move to reconsider the voto by which such motion is agreed to or disagreed to. (c) If the motion to discharge is agreed to or disagreed to, such motion may not be renewed, nor may another motion to dischargo the committee be made with respect to any other resolution with respect to the same reorganization plan. SEC. 205. (a) When the committee has reported, or has been discharged from further consideration of, a resolution with respect to a reorganization plan, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. No amendment to such motion shall be in order and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to. (b) Debate on the resolution shall be limited to not to exceed ton hours, which shall be equally divided between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order, and it shall not be in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. SEC. 206. (a) All motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution with respect to a reorganization plan, and all motions to proceed to the consideration of other business, shall be decided without debate. (b) All appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate. Approved June 20, 1949. D. To Amend the Reorganization Act of 1949 so That Such Act Will Apply to Reorganization Plans Transmitted to the Congress at Any Time Before April 1, 1955 (67 Stat. 4) This act was the result of the enactment of H.R. 1979, 83d Congress. It was approved on February 11, 1953, as Public Law 3, 83d Congress. The text of the act appears in volume 67, Statutes at Large, page 4. Its provisions are codified as 5 U.S.C. 1332–1333. A. LEGISLATIVE HISTORY OF PUBLIC LAW 3, 83D CONGRESS 1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC. (Page citations are to vol. 99, Congressional Record) H.R. 1979: To amend the Reorganization Act of 1949 so that such act will apply to reorganization plans transmitted to the Congress at any time before April 1, 1955. Mr. Brown of Ohio, Committee on Government Operations, 503. Reprinted with amendment (H. Rept. 6), 755. Made special order (H. Res. 129), 759. Debated, 764. Amendments rejected and passed House, 786. Referred to Senate Committee on Government Operations, 814. Reported back (S. Rept 36), 814. Debated, 899, 909. Passed Senate, 914. Examined and signed, 973, 976. Presented to the President, 1033. Approved (Public Law 3), 1890. 2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 3, 83D CONGRESS House Report 6, 83d Congress, 11664. Senate Report 36, 83d Congress, 11659. 3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 3,83D CONGRESS House Committee on Government Operations, 83d Congress: To amend the Reorganization Act of 1949, on H.R. 1979. February 11, 1953 63 Stat. 205. B. TEXT OF PUBLIC LAW 3, 83D CONGRESS AN ACT To amend the Reorganization Act of 1949 so that such Act will apply to reorganization plans transmitted to the Congress at any time before April 1, 1955. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of section 5 of the Reorganization Act of 1949 (5 U. S. C., sec. 1337-3 (b)) is hereby amended by striking out "April 1, 1953" and inserting in lieu thereof “April 1, 1955”. Approved February 11, 1953. |