(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.) § 1332-11. 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.) § 1332-14. Procedure after report or discharge of committee; debate. (a) When the committee has reported, or has been discharged §133z-15 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 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 distri bution 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. HEALTH SERVICES FOR EMPLOYEES § 150. Establishment of health service programs; conditions; review by Public Health Service; definition.-For the purpose of promoting and maintaining the physical and mental fitness of employees of the Federal Government, the heads of departments and agencies, including Government-owned and controlled corporations are authorized, within the limits of appropriations made available therefor, to establish by contract or otherwise, health service programs which will provide health services for employees under their respective jurisdictions: Provided, That such health service programs shall be established only after consultation with the Public Health Service and consideration of its recommendations, and only in localities where there are a sufficient number of Federal employees to warrant the provision of such services, and shall be limited to (1) treatments of onthe-job illness and dental conditions requiring emergency attention; (2) preemployment and other examinations; (3) referral of employees to private physicians and dentists; and (4) preventive programs relating to health: Provided further, That the health program now being conducted by the Tennessee Valley Authority and by the Panama Canal and Panama Railroad Company shall not be affected by the provisions of this section: And provided further, That such health programs as are now being conducted for other Federal employees may be continued until June 30, 1947. The Public Health Service, when requested to do so, shall review the health service programs being conducted by any department or agency under authority of this section and shall submit appropriate comment and recommendations. Wherever the professional services of physicians are authorized to be utilized under this section, the definition of "physician" contained in section 790 of this title, shall be applicable. (Aug. 8, 1946, ch. 865, 60 Stat. 903.) § 170d. Use of Government-owned vehicles by employees in foreign countries. Notwithstanding the provisions of section 78(a) of this title, Government-owned vehicles may be used in foreign countries for transportation of United States Government employees from their residence to the office and return when public transportation facilities are unsafe or are not available: Provided, That each Chief of Mission shall have prior authority from the Secretary of State to approve such transportation. (July 20, 1949, ch. 354, Title I, § 107, 63 Stat. 457.) Chapter 3.-DEPARTMENT OF THE ARMY REVOLVING FUND FOR PURCHASE OF AGRICULTURAL COMMODITIES AND RAW MATERIALS § 234. Revolving fund for purchase of natural fibers; amount; issuance of notes; interest; use of proceeds; definition of occupied area. Notwithstanding the provisions of any other law, the Secretary of the Army is authorized to issue notes from time to time for purchase by the Secretary of the Treasury, not to exceed in the aggregate outstanding at any time $150,000,000. Each such note shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on outstanding marketable obligations of the United States as of the last day of the month preceding the issuance of the note. Payment of the purchase price of such notes and repayments thereof by the Secretary of the Army shall be treated as public-debt transactions of the United States. The proceeds of these notes shall be used by the Secretary of the Army, or his duly authorized representatives, as a revolving fund for the purpose of (a) purchasing natural fibers (including cotton waste) produced in the United States, and such other materials, including starch, dye-stuff, roller leather, and card clothing as may be used in processing and finishing such fibers; (b) transporting such fibers and other materials to occupied areas, making them available for processing, and having such fibers processed in such areas; (c) insuring such fibers and materials and the products obtained from such processing; and (d) selling products obtained from such processing. In the case of wool, mohair, or flax fiber, only those types and grades shall be purchased hereunder as the Secretary of Agriculture, in the light of supplies on hand in the United States, designates as available for export; and stocks held by Commodity Credit Corporation of the types and grades so designated shall be purchased before other purchases are made of such types and grades. For the purpose of sections 234-234f of this title an occupied area shall be considered as any liberated or occupied area, which is at the time, occupied by United States forces or such an area occupied jointly with another power or powers when it is considered by the Secretary of the Army to be necessary or desirable to include such an area, in order to carry out United States objectives: Provided, That a treaty of peace shall not have been ratified and confirmed for such an area. (June 29, 1948, ch. 718, § 1, 62 Stat. 1098.) Chapter 4.-DEPARTMENT OF TREASURY $267-269. Repealed. Aug. 7, 1946, ch. 770, § 1(41, 42, 45), 60 Stat. 869, 870 Reports by Comptroller General, see section 53 of Title 31, Money and Finance. Chapter 5.-DEPARTMENT OF JUSTICE § 315. Appointment and oath of special attorneys.-Every attorney specially retained under authority of the Department of Justice shall be commissioned as special assistant to the Attorney General or special attorney and shall take the oath required by law. Foreign counsel employed in special cases shall not be required to take such oath. (As amended Apr. 17, 1930, ch. 174, 46 Stat. 170; June 25, 1948, ch. 646, § 3, 62 Stat. 985.) 1948 Amendment.-Act June 25, 1948, effective Sept. 1, 1948, amended section by omitting provisions relating to special attorneys to assist United States attorneys as such provisions are covered by sections 503 and 504 of new Title 28, Judiciary and Judicial Procedure. Citation to Act Feb. 27, 1925, should be omitted from credit. The last sentence is part of Act Feb. 27, 1925, ch. 364, title II, 43 Stat. 1029, which is repeated in Acts Apr. 29, 1926, ch. 195, title II, 44 Stat. 346; Feb. 24, 1927, ch. 189, title II, 44 Stat. 1196; Feb. 15, 1928, ch. 57, title II, 45 Stat. 80; Jan. 29, 1929, ch. 102, title II, 45 Stat. 1111. Chapter 9.-DEPARTMENT OF AGRICULTURE § 512. Executive Department; Secretary. Words "chapter 1" in line 5 of this section should read "sections 1-9, 22-26, 33, 38, 43, 44, 48, 49, 51, 91, 93-96, 99, 102, 104, 106, 107" and "this chapter' in line 8 should read "said sections."' EXECUTIVE ORDER NO. 9967 DESIGNATION OF CERTAIN OFFICERS TO ACT AS SECRETARY OF AGRICULTURE By virtue of the authority vested in me by section 179 of the Revised Statutes of the United States (5 U.S.C. 6), it is hereby ordered as follows: In case of the absence, sickness, resignation, or death of both the Secretary of Agriculture and the Under Secretary of Agriculture, the officer whose name is highest on the following list and who is not absent or under disability to discharge the duties of the office of the Secretary of Agriculture shall perform the duties of that office: 1. The Assistant Secretary of Agriculture |