Page images
PDF
EPUB

Timo Ilmitation for transmillal to Con

Enoctivo dato.

LIMITATIONS ON POWERS WITII RESPECT TO REORGANIZATIONS SEO. 5. (a) No roorganization 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 moro executive departments or all the functions thereof; or.

(2) continuing any ngency boyond tho period authorized hy law for its existenco or boyond tho tino when it would have torminnted if the reorganization had not been madlo; or

(3) continuing any function beyond the period authorized by law for its cxercise, or boyond the time when it would have terminnted if tho reorganization had not been mado; or

(4) authorizing any ngency to exerciso nny function which is not expressly authorized by law nt the timo tho plan is transmitted to the Congress; or

(6) increasing the term of any office beyond that provided by law for such office; or

(6) transferring to or consolidating with any other ngency tho municipal government of the District of Columbin or nll thoso functions thereof which are subject to this Act, or abolishing said government or all snid functions. (b) No provision contained in a reorganizntion plan shall tako effect unless the plan is transmitted to tho Congress besoro April 1, gress. 1953.

TAKING EFFECT OF REORGANIZATIONS Sec. 6. (a) Except as may be otherwiso provided pursuant to subsection (c) of this section, the provisions of the reorganization plan shall take cffect 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 aflirmativo voto of a majority of the authorized membership of that House, a resoltion stating in substance that that Houso does not favor the reorganization plan. (b) For the purposes of subsection (n)

(1). continuity of session shall be considered as broken only by an adjournment of the Congress sine dio; but

(2) in the computation of tho 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 n dny 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 "AgenCT" Sec. 7. When used in this Act, the terin "agency” means any crecutive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, office, oflicer, 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 Compt roller General of the United States or the General Accounting Onice, which are a part of the legislative branch of the Government

[blocks in formation]

MATTERS DEEMED TO BE REORGANIZATIONS Seo. 8. For the purposes of this Act the term "reorganization" means any transfor, consolidation, coordination, authorization, or abolition, referred to in section 3.

BAVING 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 riorganization under the provisions of this Act, before the effective date of such reorganization, shall, except to the extent rescinded, modified, superseded, or marle inapplicable by or under authority of law or by the abolition of a function, have the samo effect as if such reorganization had not been made; hut where any such statuto, 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, desig. nation, 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 dutics, 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 å settlement of the questions involved, allow the same to be maintained by or against the successor of such head or officer under tho reorganization effected by such plan or, if there bo no such successor, against such agency or officer as the President shall designate.

UNEXPENDED APPROPRIATIONS SEO. 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 Largo 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 proceduro to bo 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 eithor

Oongressional rules for consideration of plans.

Pod, p. 207.

Modlocation,

[ocr errors]

Rolrronen of preolu. tion to ommittco.

Discharge of commilloo.

Status of motion.

House to change such rules (so far as relating to the procedure in such House) at any time, in the snme manner and to the same extent as in the case of any other rule of such House.

Sro. 202, As used in this titlo, tho torm "resolution” menns only a "Resolution." 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 spnco therein being filled with the name of tho resolving House and the other blank spaces therein being appropriately filled; and does not include a resolution which specifics more than one reorgunization plan.

Sro. 203. A resolution with respect to a reorganization plan shall be referred to a committeo (and all resolutions with respect to tho samo plan shall bo reforred to tho samo committee) by the President of tho Senate or the Spenker of the House of Reprosontativos, as the caso mny bo.

SEO. 204. (n) If the committee to which has been referred a resolution with respect to a reorganization plan has not reported it before the expiration of ten calendar days nfter its introduction, it shall then (but not before) be in order to move either to discharge the commitico from further considerntion of such resolution, or to discharge tho committeo from further considorntion of any other resolution with respect to such reorganization plan which lins beon referred to the committee.

(b) Such motion may be made only by a person favoring the resoIntion, shall be highly privileged (except that it mny not bo madlo after the committee has reported n resolution with respect to the samo reorganization plan), and debato thereon shall be limited to not to exceed one hour, to bo equally divided between thoso favoring and those opposing tho resolution. No niendment to such motion shall bo in order, and it shall not bo in order to move to reconsider the voto by which such motion is ngreed to or disngrced to.

(c) If the motion to discharge is ngreed to or disngrood to, such motion mny not bo renowod, nor may another motion to dischargo the committee bo made with respect to any other resolution with respect to the same reorganization plan.

Sec. 205. (a) When the committee has roported, 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 movo 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) Debato on the resolution shall be limited to not to exceed ton hours, which shall be equally divided between those favoring and thoso 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 bo in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.

Sec. 206. (a) All motions to postpono, 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 appli- blommor Shares cation of the rules of the Senate or the House of Representatives, as the case may be, to the procedure rolsting to a resolution with respect to a reorganization plan shall be decided without debato.

Approved June 20, 1949.

Trorduro for con. slideration of resolu. tion.

Motions to post. pono.

Appeals from dool.

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 RE

LATING 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.

B. Text OF PUBLIC Law 3, 83D CONGRESS

February 11, 1953

(H. R. 19197

AN ACT
To amend the Reorganization Act of 1949 so that such Act will apply to reorgani-

zation plans transmitted to the Congrers at any time before April 1, 1956.

63 Mat. 205.

Be it enacted by the Senate and House of Representatives of the United States of Amerira in Congrenk arsembled, That subsection (b) of section 5 of the Reorganization Act of 1049 (U. S. C., sec. 1337-3 (b)) is hereby amended hy striking out “April 1, 1953, and inserting in lieu thereof “ April 1, 1985".

Approved February 11, 1968.

« PreviousContinue »