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B. TEXT OF PUBLIC LAW 906, 80TH CONGRESS

JOINT RESOLUTION

December 31, 1948 (H. J. Res. 448]

(Public Law 906]

Commission on Or

ganization of the Ex

To extend for sixty days the time within which the Commission on Organization of the Executive Branch of the Government may make a report of its findings and recommendations, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of July 7, 1947, entitled "An Act for the establishment of the Commission on OrganGovernment, amend-ization of the Executive Branch of the Government", is amended as follows:

ecutive Branch of the

ment.

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(1) Section 10 (b) is amended to read as follows:

(b) REPORT.-Not later than seventy days after the Eighty-first Congress is convened and organized, the Commission shall make a report of its findings and recommendations to the Congress."

(2) Section 3 is amended, as of December 31, 1918, by inserting

at the end thereof a new subsection reading as follows:

"(d) CONTINUATION OF MEMBERSHIP UPON CHANGE OF STATUS.— Despite the provisions of paragraphs (1), (2), and (3) of subsection (a) a person appointed to the Commission in the status of a Member of Congress or in the status of a person in the Executive branch of the Government, who thercafter ceases to have such status, shall nevertheless continue as a member of the Commission, and from and after his change of status shall, if he has returned to private lifo (except for his membership on the Commission), receive the same compensation as a person appointed to the Commission in the status of a person from private life."

Approved December 31, 1948.

C. For the Establishment of a Commission on Governmental

Operations

(67 Stat. 142)

This act was the result of the enactment of S. 106, 83d Congress. It was approved on July 10, 1953, as Public Law 108, 83d Congress. The text of the act appears in volume 67, Statutes at Large, pages

142-145.

A. LEGISLATIVE HISTORY OF PUBLIC LAW 108, 83D CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page citations are to vol. 99, Congressional Record)

S. 106: For the establishment of the Commission on Organization of the Executive Branch of the Government. Mr. Ferguson; Committee on Government Operations, 154. Reported with amendments (S. Rept. 216), 4312. Amended and passed Senate; title amended, 4595. Referred to House Committee on Government Operations, 4716. Committee discharged; amended and passed House (in lieu of H.R. 992), 6110. Senate concurs in House amendment, 7410. Examined and signed, 7559, 7590. Presented to the President, 7560. Approved (Public Law 108), 8418.

H.R. 992: For the establishment of the Commission on Organization of the Executive Branch of the Government. Mr. Brown of Ohio; Committee on Government Operations, 129. Reported with amendment (H. Rept. 505), 6030. Made special order (H. Res. 267), 6107. Amended and passed House, 6110. Proceedings vacated, laid on the table (S. 106 passed in lieu), 6111.

2. SERIAL NUMBERS OF BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 108, 83D CONGRESS

House Report 505, 83d Congress, 11665.
Senate Report 216, 83d Congress, 11659.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 108, 83D CONGRESS

House Committee on Government Operations, 83d Congress: Commission on Intergovernmental Relations and Commission on Organization of the Executive Branch of the Government, May 12, 13, 14, 1953, on H.R. 992.

Senate Committee on Government Operations, 83d Congress: Creation of commissions to study Federal reorganizations, and FederalState relations, April 14, 1953, on S. 106.

B. TEXT OF PUBLIC LAW 108, 83D CONGRESS

AN ACT

For the establishment of a Commission on Governmental Operations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

DECLARATION OF POLICY

SECTION 1. It is hereby declared to be the policy of Congress to promote economy, efficiency, and improved service in the transaction of the public business in the departments, bureaus, agencies, boards, commissions, offices, independent establishments, and instrumentalities of the executive branch of the Government by

(1) recommending methods and procedures for reducing expenditures to the lowest amount consistent with the efficient performance of essential services, activities, and functions;

(2) eliminating duplication and overlapping of services, activities, and functions;

(3) consolidating services, activities, and functions of a similar nature;

(4) abolishing services, activities, and functions not necessary to the efficient conduct of government;

(5) eliminating nonessential services, functions, and activities which are competitive with,private enterprise;

(6) defining responsibilities of officials; and

(7) relocating agencies now resposible directly to the Presi dent in departments or other agencies.

ESTABLISHMENT OF THE COMMISSION ON ORGANIZATION OF THE

EXECUTIVE BRAN.'H

SEC. 2. (a) For the purpose of carrying out the policy set forth in section 1 of this Act, there is hereby established a commission to be known as the Commission on Organization of the Executive Branch of the Government (in this Act referred to as the "Commission").

July 10, 1963 s. 1061

Commission on Organization of the Executive Branch of the Government.

(b) Service of an individual as a member of the Commission or employment of an individual by the Conmission as an attorney or expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of section 281, 283, 284, 434, or 1914 of title 18 of the United States Code, 703,793. or section 190 of the Revised Statutes (5 U. S. C. 99).

MEMBERSHIP OF THE COMMISSION

SEC. 3. (a) NUMBer and AppointmENT.-The Commission shall be composed of twelve members as follows:

(1) Four appointed by the President of the United States, two from the executive branch of the Government and two from private life; (2) Four appointed by the President of the Senate, two from the Senate and two from private life; and

(3) Four appointed by the Speaker of the House of Representatives, two from the House of Representatives and two from private life.

(b) VACANCIES.-Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

62 Stat. 697,

ORGANIZATION OF THE COMMISSION

SEC. 4. The Commission shall elect a Chairman and a Vice Chairman from among its members.

63 Stat. 954.

S USC 1071 note.

S USC 55a.

QUORUM

SEC. 5. Seven members of the Commission shall constitute a quorum.

COMPENSATION OF MEMBERS OF THE COMMISSION

SEC. 6. (a) MEMBERS OF CONGRESS.-Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.

(b) MEMBERS FROM THE EXECUTIVE BRANCH.-The members of the Commission who are in the executive branch of the Government shall serve without compensation in addition to that received for their services in the executive branch, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.

(C) MEMBERS FROM PRIVATE LIFE.-The members from private life shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties.

STAFF OF THE COMMISSION

SEC. 7. (a) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended.

(b) The Commission may procure, without regard to the civilservice laws and the classification laws, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Act of August 2, 1946 (60 Stat. 810), but at rates not to exceed $50 per diem for individuals.

EXPENSES OF THE COMMISSION

SEC. 8. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, so much as may be necessary to carry out the provisions of this Act.

DUTIES OF THE COMMISSION

SEC. 9. (a) INVESTIGATION.-The Commission shall study and investigate the present organization and methods of operation of all departments, bureaus, agencies, boards, commissions, offices, independent establishments, and instrumentalities of the Government except the Judiciary and the Congress of the United States to determine what changes therein are necessary in their opinion to accomplish the purposes set forth in section 1 of this Act.

(b) REPORT.-The Commission shall submit interim reports at such time, or times, as the Commission deems necessary, shall submit a comprehensive report of its activities and the results of its studies to the Congress on or before Deceinber 31, 1954, and shall submit its final

report not later than May 31, 1955, at which date the Commission shall cease to exist. The Final Report of the Commission may propose such constitutional amendments, legislative enactments and administrative actions as in its judgment are necessary to carry out its recommendations.

POWERS OF THE COMMISSION

SEC. 10. (a) HEARINGS AND SESSIONS.-The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission or such subcommittee or member may deem advisable. Subpenas may be issued under the signature of the Chairman of the Commission, of such subcommittee, or any duly designated member, and may be served by any person designated by such Chairman or member. The provisions of sections 102 to 104, inclusive, of the Revised Statutes (U. S. C., title 2, secs. 192–194), shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section.

(b) OBTAINING OFFICIAL DATA.-The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this Act; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman.

Approved July 10, 1958.

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