the use of the agency which shall have such have such1 functions after the reorganization plan is effective, but such unexpended balances so transferred shall be used only for the purposes for which such appropriation was originally made;

(5) shall make provision for terminating the affairs of any agency abolished. (June 20, 1949, ch. 226, Title I, § 4, 63 Stat. 204.)

§ 1332-3. Limitations on powers respecting reorganizations; termination date.—(a) No reorganization plan shall provide for, and no reorganization under section 133z to 133z-15 of this title 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 existence 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 sections 133z to 133z-15 of this title, or abolishing said government or all said functions.

(b) No provision contained in a reorganization plan shall take effect unless the plan is transmitted to the Congress before April 1, 1953. (June 20, 1949, ch. 226, Title I, § 5, 63 Stat. 205.)

§ 1332-4. Effective date of reorganizations specified in plan.-(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) of this section

(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. (June 20, 1949, ch. 226, Title I, § 6, 63 Stat. 205.)

180 in original.

§ 133z-5. Definition of "agency."-When used in sections 133z133z-15 of this title, 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 legis lative branch of the Government. (June 20, 1949, ch. 226, Title I, § 7, 63 Stat. 205.)

§ 1332-6. What constitutes a "reorganization."-For the purposes of sections 133z-133z-15 of this title the term "reorganization" means any transfer, consolidation, coordination, authorization, or abolition, referred to in section 133z-1 of this title. (June 20, 1949, ch. 226, Title I, § 8, 63 Stat. 206.)

§ 133z-7. Effect of reorganization on statutes and regulations or other actions; definition; effect on pending legal proceedings.-(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 sections 133z-133z-15 of this title, 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 sections 133z to 133z-15 of this title, 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. (June 20, 1949, ch. 226, Title I, § 9, 63 Stat. 206.)

§ 133z-8. Effect on unexpended appropriations.-The appropriations or portions of appropriations unexpended by reason of the operation of sections 133z-133z-15 of this title shall not be used for any purpose, but shall be impounded and returned to the Treasury. (June 20, 1949, ch. 226, Title I, § 10, 63 Stat. 206.)

§ 1332-9. Publication of reorganization plans. 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. (June 20, 1949, ch. 226, Title I, § 11, 63 Stat. 206.)

§ 1332-10. Rules of Senate and House of Representatives in case of resolutions on reorganization plans.-Sections 133z-10 to 133z-15 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 133z-11 of this title); 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. (June 20, 1949, ch. 226, Title II, § 201, 63 Stat. 206.)

§ 133z-11. Definition of "resolution."-As used in sections 133z-10 to 133z-15 of 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. (June 20, 1949, ch. 226, Title II, § 202, 63 Stat. 207.)

§ 1332-12. Reference of reorganization plan resolution 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. (June 20, 1949, ch. 226, Title II, § 203, 63 Stat. 207.)

§ 1332-13. Discharge of committee considering reorganization plan resolution. (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, 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 the committee be made with respect to any other resolution with respect to the same reorganization plan. (June 20, 1949, ch. 226, Title II, § 204, 63 Stat. 207.)

§ 133z-14. Procedure after report or discharge of committee; debate. (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 ten 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. (June 20, 1949, ch. 226, Title II, § 205, 63 Stat. 207.)

§ 1332-15. Decisions on motions to postpone or proceed to be without debate. (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. (June 20, 1949, ch. 226, Title II, § 206, 63 Stat. 207.)

REORGANIZATION PLAN NO. 5 OF 1949

14 F.R. 5227, 63 Stat.

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 20, 1949, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [sections 133z to 1332-15 of this title].

CIVIL SERVICE COMMISSION

Section 1. Chairman, United States Civil Service Commission.-The President of the United States shall from time to time designate one of the Civil Service Commissioners constituting the United States Civil Service Commission (hereinafter referred to as the Commission) as the presiding head of the Commission with the title of “Chairman, United States Civil Service Commission."

Sec. 2. Functions of Chairman.-(a) In order to facilitate the most effective and expeditious administration of civil-service matters and related affairs, there are hereby transferred to the Chairman, United States Civil Service Commission, hereinafter referred to as the Chairman, who shall be the chief executive and administrative officer of the Commission:

(1) The functions of the President of the Commission;

(2) The functions of the Executive Director and Chief Examiner of the Commission and of the Secretary thereof;

(3) The functions of the Commission with respect to the appointment of personnel employed under the Commission: Provided, That employees who are engaged regularly and full time in assisting the Commission in the performance of

the functions reserved to it under sections 2(a) (6) (i) to 2(a) (6)(vii), inclusive, of this reorganization plan shall be appointed by the Commission: And provided further, That the regional directors, and the heads of the major administrative units reporting directly to the Chairman or to the Executive Director, shall be appointed by the Chairman only after consultation with the other Civil Service Commissioners;

(4) The functions of the Commission with respect to the direction of employees of the Commission, the supervision of all activities of such employees, the distribution of business among employees and organizational units of the Commission, and the direction of the internal management of the Commission's affairs: Provided, That there are not transferred by the provisions of this section 2(a) (4) any functions with respect to employees whose appointment remains vested in the Commission under the first proviso of section 2(a) (3), above;

(5) The functions of the Commission with respect to directing the preparation of the budget estimates and with respect to the use and expenditure of funds; and (6) The functions of the Commission with respect to executing, administering, and enforcing (A) the civil-service rules and regulations of the President of the United States and of the Commission and the laws governing the same, and (B) the other activities of the Commission, including retirement and classification activities: Provided, That there are not transferred by the provisions of this section 2(a) (6) the functions of the Commission with respect to:

(i) The preparation of suitable rules in accordance with the provisions of the first subsection of section 2 of the Act of January 16, 1883 (ch. 27, 22 Stat. 403) [section 633 of this title], and the making of an annual report under the fifth subsection of said section 2 [section 633 of this title];

(ii) The promulgation of any rules, regulations, or similar policy directives, now vested in the Commission;

(iii) The prevention of pernicious political activities, including such functions under the Act of July 19, 1940 (54 Stat. 767), as amended [sections 118i-118n of this title];

(iv) The hearing or providing for the hearing of appeals, including appeals with respect to examination ratings, veterans' preference, racial and religious discrimination, disciplinary action, efficiency ratings, and dismissals, and the taking of such final action on such appeals as is now authorized to be taken by the Commission;

(v) The recommendation to the President for transmission to the Congress of such legislative or other measures as will promote an efficient Federal service and a systematic application of merit system principles, including measures relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of Federal employees;

(vi) The investigation of matters pertaining to the administration of functions of the Commission or Chairman; nor

(vii) The revision and submission to the Bureau of the Budget of budget estimates.

(b) The functions transferred by the provisions of sections 2(a) (2) to 2(a) (6), inclusive, of this reorganization plan shall be performed by the Chairman or, subject to his direction and control, by such officers and employees under his jurisdiction as he shall designate.

(c) Each Civil Service Commissioner, including the Chairman, and duly authorized representatives of the Commission or Chairman, shall have authority to administer oaths pursuant to section 1 of the Act of August 23, 1912 (ch. 350 (37 Stat. 372) [section 634 of this title]).

Sec. 3. Executive Director.-There shall be under the Chairman an Executive Director who shall be appointed by the Chairman under the classified civil service. During the absence or disability of the Chairman, or in the event of a vacancy in the office of Chairman, the Executive Director shall perform those functions of the Chairman which are transferred to the Chairman by the provisions of sections 2(a) (2) to 2(a) (6), inclusive, of this reorganization plan unless the President shall designate another person so to perform said functions: Provided, That the Executive Director shall at no time sit as a member or acting member of the Commission.

Sec. 4. Offices abolished.-The heretofore existing offices of Executive Director and Chief Examiner, and the office of Secretary of the Commission and the title of "President of the United States Civil Service Commission' are hereby abolished.