Page images
PDF
EPUB

special investigations and reports as he may be required to make by the President, or by the Congress, or as he himself may deem necessary.

PART 2. THE DEPARTMENT OF PUBLIC WORKS

SEC. 406. There shall be at the seat of government an executive department to be known as the Department of Public Works, and a Secretary of Public Works, who shall be the head thereof, and shall be appointed by the President, by and with the advice and consent of the Senate, and have a tenure of office like that of the heads of the other executive departments. Section 158 of the Revised Statutes, as amended (U. S. C., 1934 ed., title 5, sec. 1), is amended to include such department and the provisions of title IV of the Revised Statutes, including all Acts amendatory and supplementary thereto shall be applicable to such department.

SEC. 407. There shall be in the Department of Public Works an Undersecretary of Public Works who shall be appointed by the President, by and with the advice and consent of the Senate, and two Assistant Secretaries of Public Works, and a Solicitor, who shall be appointed by the Secretary of Public Works, and all of whom shall exercise such functions as may be prescribed by the Secretary of Public Works or required by law.

SEC. 408. The Secretary of Public Works shall advise the President with regard to the design, construction, and maintenance of public works; design, construct, and maintain major public works, which are not incidental to the normal work of other agencies; act as the agent of other agencies upon their request, in designing, constructing, and maintaining such public works as are incidental to the normal work of such agencies; administer Federal grants to States, Territories, or possessions of the United States (including the Philippine Islands), or political subdivisions thereof, or the District of Columbia, for the construction of public work; and assemble and disseminate information concerning public works and standards of public works throughout the Nation.

SEC. 409. The Secretary of Public Works shall cause a seal of office to be made for his department, of such device as the President shall approve, and judicial notice shall be taken of such seal.

SEC. 410. The Secretary of Public Works shall annually, at the close of each fiscal year, make a report in writing to the Congress, giving an account of all money received and expended by him and his department and describing the work done by the department. He shall also from time to time make such special investigations and reports as he may be required to make by the President, or by the Congress, or as he himself may deem necessary.

PART 3. THE DEPARTMENT OF CONSERVATION

SEC. 411. The Department of the Interior shall hereafter be known as the "Department of Conservation", and the Secretary of the Interior shall be known as the "Secretary of Conservation", and all of the provisions of titles IV and XI of the Revised Statutes, including all Acts amendatory and supplementary thereto, and all other Acts referring to the Department of the Interior, the Secretary of the Interior, or any other officers or employees of that Department, are amended accordingly.

PART 4. THE NATIONAL RESOURCES BOARD

SEC. 412. (a) There is established in the executive branch of the Government a Board to consist of five members and to be known as the National Resources Board.

(b) The members of the National Resources Board shall be appointed by the President, by and with the advice and consent of the Senate. One of the members of the National Resources Board shall be designated by the President as Chairman, and one shall be designated by the President as Vice Chairman, and shall act as Chairman in the absence of the Chairman or in the event of a vacancy in that office.

SEC. 413. (a) The members of the National Resources Board shall be reimbursed for their subsistence and other expenses at the rate of $50 per day for time spent in attending and travelling to and from meetings, or in otherwise exercising the functions of the Board, plus the actual cost of transportation: Provided, That in no case shall a member be entitled to reimbursement for more than 30 days' services in any two consecutive months.

(b) The National Resources Board shall cause a seal of office to be made for such Board, of such device as the President shall approve, and judicial notice shall be taken of such seal.

(c) The National Resources Board shall determine the rules of its own proceedings and a majority of its members in office shall constitute a quorum for the transaction of business, but such Board may function notwithstanding vacancies.

SEC. 414. The National Resources Board is authorized to

(a) Investigate, examine, study, analyze, assemble, and coordinate and periodically to review and revise basic information and materials appropriate to plans or planning policies for the development and utilization of the resources of the Nation, both natural and human, and on the basis thereof, to initiate and propose in an advisory capacity such plans and planning policies;

(b) To obtain data and reports from, to cooperate and participate in the work of, and to consult with, any agencies of the Federal Government and of any State, Territory, or possession of the United States (including the Philippine Islands, or political subdivisions thereof, as well as any public or private planning or research agencies and institutions; and such cooperation and participation in the work of any such agencies and institutions, other than those of the Federal Government, may be by grants-in-aid, matching of funds, or otherwise;

(c) Prepare and submit studies, reports, and recommendations upon matters within its jurisdiction under this Act for presentation to the President or upon the request of the President; and

(d) Set up a special advisory council and establish such other agencies as the Ntional Resources Board may deem necessary or appropriate to assist in the exercise of its functions.

SEC. 415. The National Resources Board is authorized to appoint, without regard to the civil-service laws, a director, and to fix his compensation in accordance wtih the Classification Act of 1923, as amended. Such Board is authorized to appoint, subject to the civil-service laws, such other officers and employees as are necessary in the exercise of its functions and to fix their salaries in accordance with the Classification Act of 1923, as amended.

SEC. 416. The National Resources Board shall prepare and submit annually to the President a report setting forth and summarizing its work during the preceding year and shall include therein such information, data, and recommendations as the National Resources Board may deem advisable concerning matters within its jurisdiction.

SEC. 417. The National Resources Board is authorized to delegate to the director or to any other officer or employee of the National Resources Board any functions vested in and imposed upon such Board by law.

SEC. 418. The National Resources Committee, established by Executive Order No. 7065 of June 7, 1935, is abolished.

SEC. 419. The National Resources Board is authorized to prescribe such regulations as may be necessary to enable such Board to exercise its functions under the provisions of this Act.

TITLE V

GENERAL AND MISCELLANEOUS PROVISIONS

SECTION 501. When used in this Act unless the context clearly indicates otherwise:

(a) The term "agency" includes the President or any executive department, independent establishment, commission, legislative court, board, bureau, service, administration, authority, federally owned and controlled corporation, agency, division, or activity of the United States, whether in the District of Columbia or in the field service, or any office, or part thereof, and shall include the municipal goverment of the District of Columbia, the Botanic Garden, Library of Congress, Library Buildings and Grounds, Government Printing Office, and the Smithsonian Institution: Provided, That the inclusion of the municipal government of the District of Columbia within the meaning of the term "agency" shall not be construed to authorize the abolition of the municipal government of the District of Columbia or the transfer of all the functions of such municipal government to any other agency;

(b) The term "transferred agency" means the functions transferred by titles II and III of this Act, or any agency or function, or part thereof, here

after transferred, retransferred, regrouped, consolidated, or segregated, under the provisions of title I of this Act;

(c) The term “abolished agency" means the National Resources Committee or any agency which is hereafter abolished under the provisions of title I of this Act;

(d) The term "receiving agency" means any agency to which a transferred agency or any function, or part thereof, of any abolished agency is transferred;

(e) The term "Managerial agency" means (for the purposes of both this Act and the Classification Act of 1923, as amended), the Bureau of the Budget, the Civil Service Administration, and the National Resources Board;

(f) The term "functions" includes any rights, privileges, powers, duties, or functions, or any part thereof; and

(g) The term "federally owned and controlled corporation" means any corporation (whether incorporated by, or under the provisions of, an act of Congress, or under the laws of any State, Territory, or possession of the United States, including the Philippine Islands, or the District of Columbia), a majority of the stock of which is owned by the Federal Government and in which no members of the Board of Directors is elected or appointed by private interests.

SEC. 502. Such of the personnel and property of, or pertaining to, each transferred agency (including office equipment and official records on file therein or pertaining to the business thereof) as the President shall determine to have been employed or used in connection with such transferred agency, are transferred to the designated receiving agency, and thereafter all appointments to offices and positions in such transferred agency shall be made in accordance with the civil-service laws, unless the President by Executive order shall except any such offices or positions from the classified civil service under the authority of this Act: Provided, That the transfer of such personnel 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: Provided further, That such of the personnel so transferred who do not already possess a classified civil-service status shall not acquire such status by reason of such transfer, except (a) upon recommendation by the head of the receiving agency within 1 year after such personnel have been so transferred, and certification within such period by such head to the Administrator that such personnel have served with merit for not less than 6 months prior to the transfer of such personnel, and (b) upon passing such suitable noncompetitive examinations as the Administrator may prescribe.

SEC. 503. Such portions of the unexpended balances of appropriations, or other funds available for each transferred or abolished agency are transferred to the designated receiving agency (including the National Resources Board) as the President shall deem necessary. Unexpended balances of appropriations or other funds available for a transferred or abolished agency, not so transferred pursuant to the President's determination under this section, shall be impounded and returned to the Treasury.

SEC. 504. All laws, rules, regulations, remedies, privileges, permits, or orders made, issued, or granted, in respect of any transferred agency, prior to the effective date of the transfer of such agency, shall continue in full force and effect, except insofar as directly in conflict with the provisions of this Act, and shall be applicable in the same manner and to the same extent as if such agency had not been transferred, until modified, superseded, revoked, or repealed.

SEC. 505. No proceedings, hearings, investigations, or other matters pending on the effective date of the transfer of any transferred agency shall abate by reason of such transfer, but shall be continued and brought to determination in the receiving agency.

SEC. 506. No suit, action, or other proceeding by or against any officer or employee of any transferred agency, in his official capacity or in relation to the discharge of his official duties, shall abate by reason of such transfer.

SEC. 507. The head of any receiving agency is authorized to delegate to any officer or employee to his agency any of the functions vested in and imposed upon such head or agency under title I of this Act.

SEC. 508. (a) In the case of an abolished agency, the Executive order providing for such abolition shall make such provisions as may be necessary (1)

for winding up the affairs of the abolished agency, and (2) for the transfer or other disposition of all personnel and property (including office equipment and official records on file therein or pertaining to the business thereof) of the abolished agency: Provided, That the transfer of any such personnel shall be subject to the provisions of section 502 of this title.

(b) In the event that any or all of the functions, or any part thereof, of an abolished agency are transferred to another agency, such functions, or part thereof, shall for the purpose of sections 502, 503, 504, 505, 506, and 507 of this title, be deemed to be a transferred agency.

SEC. 509. The powers conferred and imposed upon the President by this Act to transfer agencies and functions shall be construed to include the power to transfer agencies or functions relating to any of the Territories or possessions of the United States to an agency of the Territory or possession to which such agencies or functions relate or from an agency of such Territory or possession to an agency of the United States: Provided, That no such transfers shall be made without the approval of the Territory or possession concerned: Provided further, That the President may make applicable to any such transfers such of the provisions of this title relating to transfer or other disposition of personnel, property, and appropriations or other funds, as he may deem necessary.

SEC. 510. Subject to such regulations as the President may from time to time prescribe, the President and the heads of the executive departments and the managerial agencies of the Government and the Civil Service Board, for the purposes of consultation, investigation, and research in connection with the exercise of functions vested in and imposed upon them by law, or (in the case of the heads of executive departments and the managerial agencies of the Government and the Civil Service Board) for the purposes of conducting such investigation or research as may be required of them by the President, are respectfully authorized to appoint, without regard to the civil-service laws, such experts and consultants, for such temporary periods, as may be necessary, and to fix their compensation without regard to the Classification Act of 1923, as amended.

SEC. 511. The Director of the Bureau of the Budget is authorized in the District of Columbia and elsewhere, to assemble and disseminate to the agencies of the Government and the public, general information concerning all phases of Government activity; and generally to serve in a liaison capacity in the promotion of cooperative relationships between agencies of the Government, and in the cooperative development and administration of Federal, State, and local governmental activities.

SEC. 512. There shall be in each of the Departments of War, Navy, Commerce, and Labor, an Undersecretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and such Assistant Secretaries in any of the executive departments, in addition to those Assistant Secretaries now authorized by law, as may be appropriated for from time to time by the Congress, who shall be appointed by the heads of their respective departments, and all of whom shall perform such duties as may be prescribed by the heads of their respective departments or required by law.

SEC. 513. Subject to the provisions of section 180 of the Revised Statutes, as amended, the Undersecretary of each executive department shall perform the duties of the head of such department in the case of the death, resignation, absence or sickness of both the head and the Undersecretary of any executive department other than the Department of Justice, the duties of the head of such department shall be performed by the head of such other department or such other officer in either department as the President shall direct.

SEC. 514. The head of any agency of the Government established under or affected by the provisions of this Act is authorized to make such expenditures in the District of Columbia or elsewhere, for personal services, travel expenses, including the expense of attendance at meetings then specifically authorized. contract stenographic reporting services, rental, supplies and equipment; pur chase and exchange of law books, books of reference, directories, periodicals, newspapers and press clippings; purchase, operation and maintenance of motor propelled passenger carrying vehicles; printing and binding; and such other expenses as may be necessary in the exercise of any functions vested in and imposed upon any such agency or head by or under the provisions of this act. SEC. 515. There is authorized to be appropriated out of any money in the Treasury not otherwise appropriated such sums as may be necessary to carry out the provisions of this Act.

SEC. 516. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances shall not be affected thereby.

SEC. 517. Title I and II, except sections 202, 203, and 204 of title II, shall become effective upon the enactment of this Act. Sections 202, 203, and 204 of Title II shall become effective when the first Civil Service Administrator appointed under that title qualifies for and takes office. The provisions of title III and of parts 1, 2, and 3, and section 418 of part 4 of title IV, shall not become effective until, and except as, the President shall find and by Executive order declare it to be consistent with the public interest and the efficient operation of the Government that any of such provisions shall become effective on such date as he may specify in such order. Section 412 of title IV Sections 413, 414, 415,

shall become effective upon the enactment of this Act.

416, 417 and 419 of title IV shall become effective when a majority of the members of the National Resources Board first appointed under the provisions of that title qualify for and take office. Title V shall become effective upon the enactment of this Act.

SEC. 518. This Act may be cited as the "Reorganization Act of 1937.”

« PreviousContinue »