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such service and (B) any other periods of active service, not to exceed an aggregate of five years, performed as a member of such forces, but shall not include any such service for which credit is allowed for the purposes of retirement or retired pay under any other provision of law, including Title III of the Army and Air Force Vitalization and Retirement Equalization Act of 1948'.
"(2) Section 12 (c) of the Civil Service Retirement Act of May 29, 1930, as amended, is amended by striking out 'computed as provided in section 4 (a) hereof with respect to such officer or employee' in paragraphs (1) and (2) and inserting in lieu thereof 'computed as provided in section 4 (a), section 4 (g), or section 3A hereof, as the case may be, with respect to such officer or employee as if he had retired under the disability provisions of this Act'; and by striking out 'section 1, 2, or 6' in paragraphs (2) and (3) and inserting in lieu thereof 'section 1, 2, 3A, or 6'.
"(d) (1) Notwithstanding the provisions of section 3 (a) of the 10361. Act of February 28, 1948
62 Stat. 49.
5 USC 693-1 note.
"(A) subsections (b) and (c) of section 4, and the last sentence in section 9 of the Civil Service Retirement Act of May 29, 1930, as amended, shall apply to Members of Congress; and
"(B) subsections (c), (d), (e), (g), and (h) of section 12 of such Act shall apply in the case of Members of Congress dying on or after the date of enactment of this section. Such subsections shall apply to the widower of any such Member of Congress to the same extent and in the same ner as to the widow of any such Member of Congress, if such widower shall have been married to such Member for at least two years immediately preceding her death or is the father of issue by such marriage. Such subsection (c) shall also apply in the case of any Member of Congress who died on or after November 4, 1952, and prior to the date of enactment of this subsection, except that in such case no annuity shall be payable for any period prior to such date of enactment and no annuity shall be payable unless the amount of any lump sum death benefit heretofore paid under the Civil Service Retirement Act of May 29, 1930, as amended, is redeposited in the civil-service retirement and disability fund.
"(e) Section 13 of the Civil Service Retirement Act of May 29, 1930, as amended, is amended by inserting before the period at the end of the first sentence of the third paragraph thereof a comma and the following: 'except that the annuity of an elected officer of the Senate or House of Representatives and any annuity granted under the provisions of section 3A shall commence on the day following the day on which salary shall cease, provided the person entitled to such annuity meets the age and service requirements for annuity at that time'."
SEC. 2. Except as otherwise provided, the amendments made by this Act shall take effect on the first day of the month following the date of its enactment.
Approved March 6, 1954.
62 Stat. 1087. 10 USC 1036
5 USC 698, 736b. Widow or wid 5 USC 724.
5 USC 724.
5 USC 698; anto, P. 22.
5 USC 691, 715, 693-1, 710-714. Commencement. 5 USC 718.
Ante, p. 22.
III. REORGANIZATION ACTS AND AMENDMENTS
A. Reorganization Act of 1939 (Government Agencies)
(53 Stat. 561)
This act was the result of the enactment of H.R. 4425, 76th Congress. It was approved on April 3, 1939, as Public Law 19, 76th Congress. The text of the public law appears in volume 53, Statutes at Large, pages 561-565. The provisions of this act are codified as 5 U.S.C. 133z et seq.
A. LEGISLATIVE HISTORY OF PUBLIC LAW 19, 76TH CONGRESS
1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.
H.R. 4425: To provide for reorganizing agencies of the Government, and for other purposes. Mr. Cochran; Select Committee on Government Organization, 1850. Reported back (H. Rept. 120), 2221, 2241. Debated, 2304-2320, 2375-2416, 2474-2502. Amended and passed House, 2504. In Senate to the Select Committee on Government Organization, 2517. Reported with amendments (S. Rept. 169), 2688. Debated, 2806, 2902, 2937-2968, 3024-3052, 3084-3105. Amended and passed Senate, 3105. Ordered printed with the amendments of the Senate numbered. House disagrees to Senate amendments and asks for a conference, 3177. Conferees appointed, 3146, 3177. Senate insists upon its amendments and agrees to conference, 3146. Conference report submitted in Senate and agreed to, 3400. Conference report submitted in the House (H. Rept. 323), 3466. Agreed to, 34663469. Examined and signed, 3507, 3596. Presented to the President, 3594. Approved (Public Law 19), 4235.
2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 19, 76TH CONGRESS
House Report 120, 76th Congress, 10296.
Senate Report 169, 76th Congress, 10292.
House Report 323 (conference), 76th Congress, 10297.
3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 19, 76TH CONGRESS
Senate Select Committee on Government Organization, 75th Congress (on S. 2700). Reorganization, agencies, August 2, 7, 9-12, 1937. Joint Committee on Government Organization, 75th Congress, February 16-18, 24; March 8, 9, 11, 19, 29, 31; April 27, 29, 1937.
B. TEXT OF PUBLIC LAW 19, 76TH CONGRESS
(REORGANIZATION ACT OF 1939)
To provide for reorganizing agencies of the Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may of 1939. be cited as the "Reorganization Act of 1939".
SECTION 1. (a) The Congress hereby declares that by reason of continued national deficits beginning in 1931 it is desirable to reduce substantially Government expenditures and that such reduction may be accomplished in some measure by proceeding immediately under the provisions of this Act. The President shall investigate the organization of all agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes:
(1) To reduce expenditures to the fullest extent consistent with the efficient operation of the Government;
(2) To increase the efficiency of the operations of the Government to the fullest extent practicable within the revenues;
(3) To group, coordinate, and consolidate agencies of the Government, as nearly as may be, according to major purposes;
(4) To reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies as may not be necessary for the efficient conduct of the Government; and
(5) 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 immediately under the provisions of this title, and can be accomplished more speedily thereby than by the enactment of specific legislation.
SEC. 2. When used in this title, the term "agency" means any executive department, commission, independent establishment, corporation owned or controlled by the United States, board, bureau, division, service, office, authority, or administration, in the executive branch of the Government.
April 3, 1930 [L. R. 4425] Public, No. 19)
Declaration by the Congress.
Investigation by President and deter
mination of changes plish designated pur
Reduction of expenditures.
Increase in efficiency.
Grouping, etc., of agencies.
Reduction of numbor of agencies.
tion of effort.
Elimination of over. lapping and duplicadeclared to
SEC. 3. No reorganization plan under section 4 shall provide(a) For the abolition or transfer of an executive department or plans. all the functions thereof or for the establishment of any new executive department;
(b) In the case of the following agencies, for the transfer, consolidation, or abolition of the whole or any part of such agency or agencies. of its head, or of all or any of the functions of such agency or of its head: Civil Service Commission, Coast Guard, Engineer Corps of the United States Army, Mississippi River Commission, Federal Communications Commission, Federal Power Commission, Federal Trade Commission, General Accounting Office, Interstate Commerce Commission, National Labor Relations Board, Securities and Exchange Commission, Board of Tax Appeals, United States Employees' Compensation Commission, United States Maritime Commission, United States Tariff Commission, Veterans' Administration, National Mediation Board, National Railroad Adjustment Board, Railroad Retirement Board, the Federal Deposit Insurance Corporation, or the Board of Governors of the Federal Reserve System; or
Provisions prohib ited in reorganization
Abolition or transfer of an executive department, etc.
Transfer, abolition, etc.. of designated
Changing name or title of head of any executive department.
Continuation of agency or functions
(d) For the continuation of any agency beyond the period authorbeyond authorized pe- ized by law for the existence of such agency; or
(e) For the continuation of any function of any agency beyond the period authorized by law for the exercise of such function; or (f) For authorizing any agency to exercise any function which is not expressly authorized by law.
SEO. 4. Whenever the President, after investigation, finds that— (a) the transfer of the whole or any part of any agency or the functions thereof to the jurisdiction and control of any other agency; or
(b) the consolidation of the functions vested in any agency; or or any part of any
agency or part (by reason of transfers under this Act or other. wise, or by reason of termination of its functions in any manner) does not have, or upon the taking effect of the reorganiza. tions specified in the reorganization plan will not have, any functions,
Authorization functions not expressly authorized by law. Findings by the President.
(c) For changing the name of any executive department or the title of its head, or for designating any agency as "Department" or its head as "Secretary"; or
Effective dates of reorganizations.
Post, p. 813.
After sixty-day period; exception.
is necessary to accomplish one or more of the purposes of section 1 (a), he shall
(d) prepare a reorganization plan for the making of the transfers, consolidations, and abolitions, as to which he has made findings and which he includes in the plan. Such plan shall also
(1) designate, in such cases as he deems necessary, the name of any agency affected by a reorganization and the title of its head;
(2) make provision for the transfer or other disposition of the records, property (including office equipment), and personnel affected by such transfer, consolidation, or abolition;
(3) make provision for the transfer of such unexpended balances of appropriations available for use in connection with the function or agency transferred or consolidated, as he deems necessary by reason of the transfer or consolidation for use in connection with the transferred or consolidated functions, or for the use of the agency to which the transfer is made, but such unexpended balances so transferred shall be used only for the purposes for which such appropriation is originally made; (4) make provision for winding up the affairs of the agency abolished; and
Statement of prob
The President, in his message transmitting a reorganization plan, able reduction of ex- shall state the reduction of expenditures which it is probable will be brought about by the taking effect of the reorganizations specified in the plan.
SEC. 5. The reorganizations specified in the plan shall take effect in accordance with the plan:
(a) Upon the expiration of sixty calendar days after the date on which the plan is transmitted to the Congress, but only if during such sixty-day period there has not been passed by the two Houses a con
(e) transmit such plan (bearing an identifying number) to the Congress, together with a declaration that, with respect to each transfer, consolidation, or abolition referred to in paragraph (a), (b), or (c) of this section and specified in the plan, he has found that such transfer, consolidation, or abolition is necessary to accomplish one or more of the purposes of section 1 (a). The delivery to both Houses shall be on the same day and shall be made to each House while it is in session.
current resolution stating in substance that the Congress does not favor the reorganization plan.
Effect of sine die adJournment before ex
(b) If the Congress adjourns sine die before the expiration of the sixty-day period, a new sixty-day period shall begin on the opening piration of period. day of the next succeeding regular or special session. A similar rule shall be applicable in the case of subsequent adjournments sine die before the expiration of sixty days.
SEC. 6. No reorganization under this title shall have the effect
Limitation on continuing agency or
(a) of continuing any agency or function beyond the time function beyond term. when it would have terminated if the reorganization had not been made; or
(b) of continuing any function beyond the time when the agency in which it was vested before the reorganization would have terminated if the reorganization had not been made; or
(c) of authorizing any agency to exercise any function which is not expressly authorized by law.
SEC. 7. For the purposes of this title any transfer, consolidation, denned. abolition, designation, disposition, or winding up of affairs, referred to in section 4 (d), shall be deemed a "reorganization".
SEC. 8. (a) All orders, rules, regulations, permits, or other privileges made, issued, or granted by or in respect of any agency or function transferred to, or consolidated with, any other agency or function under the provisions of this title, and in effect at the time of the transfer or consolidation, shall continue in effect to the same extent as if such transfer or consolidation had not occurred, until modified, superseded, or repealed.
No proceeding to abate by reason of any
(b) No suit, action, or other proceeding lawfully commenced by or against the head of any agency or other officer of the United States, transfer of authority, in his official capacity or in relation to the discharge of his official duties, shall abate by reason of any transfer of authority, power, and duties from one officer or agency of the Government to another under the provisions of this title, but the court, on motion or supplemental petition filed at any time within twelve months after such transfer takes effect, showing a necessity for a survival of such suit, action, or other preceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the head of the agency or other officer of the United States to whom the authority, powers, and duties are transferred.
(c) All laws relating to any agency or function transferred to, or consolidated with, any other agency or function under the provisions of this title, shall, insofar as such laws are not inapplicable, remain in full force and effect.
Exercise of any unauthorized function.
Continuation of rules, privileges, etc.
Applicable laws to remain in force.
Unexpended appropriations, impounding
SEC. 9. The appropriations or portions of appropriations unexpended by reason of the operation of this title shall not be used for and return to Treas any purpose, but shall be impounded and returned to the Treasury.
Separations resultfrom re
SEC. 10. (a) Whenever the employment of any person is terminated by a reduction of personnel as a result of a reorganization duction; preferential effected under this title, such person shall thereafter be given preference, when qualified, whenever an appointment is made in the executive branch of the Government, but such preference shall not be effective for a period longer than twelve months from the date the employment of such person is so terminated.
Transfers without change in classifica
(b) Any transfer of personnel under this title shall be without change in classification or compensation, except that this require- tion, etc.; exception. ment shall not operate after the end of the fiscal year during which the transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned.