« PreviousContinue »
115-9. Native employees in foreign countries; last illness and burial expenses.—That the head of any executive department, which maintains permanent staffs of employees in foreign countries is hereby authorized to pay out of any appropriation available to the department concerned for miscellaneous or contingent expenses, burial expenses, and expenses in connection with last illness and death, not in excess of $100 in any one case, of the native employees of such department in those countries with respect to which the Secretary of State shall determine it is customary for employers to pay such expenses; and the head of any executive department, which maintains permanent staffs of employees in foreign countries where such custom does not exist, is authorized, upon finding that the immediate family of the deceased is destitute, to make such payments within the limitations prescribed above to the family, heirs-at-law, or persons responsible for the debts of the deceased, as the officer in charge of the office abroad in which the deceased was employed shall determine to be proper. (July 15, 1939, 53 Stat. 1043; 5 U. S. C., sec. 118f.)
115–10. Reorganization of Executive and Administrative Agencies; Declaration of objects and purposes.-(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. (Apr. 3, 1939, title I, part 1, sec. 1, 53 Stat. 561; 5 U. S. C., sec. 133.)
NOTE-By the terms of a provision preceding section 1 of this Act, which constitutes paragraphs 115–10 to 115–30, the act herein is to be cited as the “Reorganization Act of 1939."
115–11. Term "agency" defined.—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. (Apr. 3, 1939, title I, part 1, sec. 2, 53 Stat. 561; 5 U. S. C., sec. 133a.)
115–12. Limitations on reorganization plan.-No reorganization plan under section 4 shall provide
(a) For the abolition or transfer of an executive department or 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 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, Interstaté 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
(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
(d) For the continuation of any agency beyond the period authorized 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. (Apr. 3, 1939; title I, part 1, sec. 3, 53 Stat. 561; 5 U. S. C., sec. 133b.)
115-13. Powers and duties of President; preparation and contents of reorganization plan; submission to the Congress.—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
c) the abolition of the whole or any part of any agency which agency or part (by reason of transfers under this Act or otherwise, or by reason of termination of its functions in any manner) does not have, or upon the taking effect of the reorganizations specified in the reorganization plan will not have, any functions, 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 (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. The President, in his message transmitting a reorganization plan, 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. (Apr. 3, 1939, title I, part 1, sec. 4, 53 Stat. 562; 5 U. S. C., sec. 133c.)
115-14. Reorganizations specified in plan, when to take effect. 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 concurrent resolution stating in substance that the Congress does not favor the reorganization plan.
(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 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. (Apr. 3, 1939, title I, part 1, sec. 5, 53 Stat. 562; 5 U. S. C., sec. 133d.)
115–15. Limitations on effect of reorganization plan.-No reorganization under this title shall have the effect-(a) of continuing any agency or function beyond the time 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. (Apr. 3, 1939, title I, part 1, sec. 6, 53 Stat. 563; 5 U. S. C., sec. 133e.)
115–16. Reorganization, what to constitute. For the purposes of this title any transfer, consolidation, abolition, designation, disposition, or winding up of affairs, referred to in section 4 (d), shall be deemed a “reorganization”. (Apr. 3, 1939, title I, part 1, sec. 7, 53 Stat. 563; 5 U. S. C., sec. 133f.)
115–17. Effect of transfer or consolidation on orders, rules, regulations, etc., pending legal proceedings and existing laws.-(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.
(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 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 proceeding 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. (Apr. 3, 1939, title I, part 1, sec. 8, 53 Stat. 563; 5 U. S. C., sec. 133g.)
115–18. Appropriations, effect on.—The appropriations or portions of appropriations unexpended by reason of the operation of this title shall not be used for any purpose, but shall be impounded and returned to the Treasury. (Apr. 3, 1939, title I, part 1, sec. 9, 53 Stat. 563; 5 U. S. C., sec. 133h.)
115–19. Employees affected by reduction of personnel; preference; transfer of personnel.-(a) Whenever the employment of any person is terminated by a reduction of personnel as a result of a reorganization 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.
(b) Any transfer of personnel under this title shall be without change in classification or compensation, except that this requirement 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. (Apr. 3, 1939, title I, part 1, sec. 10, 53 Stat. 563; 5 U. S. C., sec. 133i.)
115–20. Publication of reorganization plan.--If the reorganizations specified in a reorganization plan take effect, the reorganization plan shall be printed in the Statutes at Large in the same volume as the public laws, and shall be printed in the Federal Register. (Apr. 3, 1939, title I, part 1, sec. 11, 53 Stat. 564; 5 U. S. C., sec. 133j.)
115–21. Termination of power to effect reorganization plan.-No reorganization specified in a reorganization plan shall take effect unless the
plan is transmitted to the Congress before January 21, 1941. (Apr. 3, 1939, title I, part 1, sec. 12, 53 Stat. 564; 5 U.S. C., sec. 133k.)
115–22. Rules of Senate and House of Representatives on procedure in case of resolutions on reorganization plan.— The following sections of this part 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 follower in such House in the case of resolutions (as defined in section 22); 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. (Apr. 3, 1939, title I, part 2, sec. 21, 53 Stat. 564; 5 U. S. C., sec. 1331.)
115-23. Term"resolution" defined.—As used in this part, the term "resolution” means only a concurrent resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not favor the reorganization plan numbered
transmitted to Congress by the President on
19._.", the blank spaces therein being appropriately filled; and does not include a concurrent resolution which specifies more than one reorganization plan. (Apr. 3, 1939, title I, part, 2, sec. 22, 53 Stat. 564; 5 U.S. C., sec. 133m.)
115–24. Reference of resolution on reorganization plan to committee.A resolution with respect to a reorganization plan shall be referred to a committee (and all resolutions with respect to the same 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. (Apr. 3, 1939, title I, part 2, sec. 23, 53 Stat. 564; 5 U. S. C., sec. 133n.)
115–25. Discharge of committee considering resolution with respect to reorganization.-(a) 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 after its introduction (or, in the case of a resolution received from the other House, ten calendar days after its receipt), it shall then (but not before) be in order to move either to discharge 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 made after the committee has reported a resolution with respect to the same reorganization plan), and debate thereon 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 vote 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 discharge