stituent bureaus and agencies have all been recognized and provided for in the subsequent appropriation acts passed by the Congress. By the plan the functions of the eight research bureaus and agencies which are presently consolidated into the Agricultural Research Administration are transferred to the Secretary of Agriculture to be performed by him or under his direction and control by such officers or agencies of the Department of Agriculture as he may designate. The benefits which have been derived from centralized review, co-ordination, and control of research projects and functions by the Agricultural Research Administrator have amply demonstrated the lasting value of this consolidation. By transferring the functions of the constituent bureaus and agencies to the Secretary of Agriculture, it will be possible to continue this consolidation and to make such further adjustments in the organization of agricultural research activities as future conditions may require. This assignment of functions to the Secretary is in accord with the sound and long-established practice of the Congress of vesting substantive functions in the Secretary of Agriculture rather than in subordinate officers or agencies of the Department. CREDIT UNION FUNCTIONS The plan makes permanent the transfer of the administration of Federal functions with respect to credit unions to the Federal Deposit Insurance Corporation. These functions, originally placed in the Farm Credit Administration, were transferred to the Federal Deposit Insurance Corporation by Executive Order No. 9148 of April 27, 1942. Most credit unions are predominantly urban institutions, and the credit-union program bears very little relation to the functions of the Farm Credit Administration. The supervision of credit unions fits in logically with the general bank supervisory functions of the Federal Deposit Insurance Corporation. The Federal Deposit Insurance Corporation since 1942 has successfully administered the credit-union program, and the supervision of credit-union examiners has been integrated into the field and departmental organization of the Corporation. In the interests of preserving an organizational arrangement which operates effectively and economically, the program should remain in its present location. § 133z. Declaration of objectives and purposes of reorganization plans. (a) The President shall examine and from time to time reexamine the organization of all agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes: (1) to promote the better execution of the laws, the more effective management of the executive branch of the Government and of its agencies and functions, and the expeditious administration of the public business; (2) to reduce expenditures and promote economy, to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the operations of the Government to the fullest extent practicable; (4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes; (5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and (6) 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) of this section and that such purposes may be accomplished in great measure by proceeding under the provisions of sections 133z to 133z-15 of this title, and can be accomplished more speedily thereby than by the enact ment of specific legislation. (June 20, 1949, ch. 226, Title I, § 2, 63 Stat. 203.) Short title.-Congress in enacting sections 133z to 133z-15 of this title provided by section 1 of Act June 20, 1949, cited to text, that they should be known as the "Reorganization Act of 1949". EXECUTIVE ORDER NO. 10072 JULY 29, 1949, 14 F.R. 4797 IMPROVEMENT OF MANAGEMENT OF EXECUTIVE 1. Department and agency heads shall (a) review the programs under their respective jurisdictions to assure themselves and the President that such programs are being carried out with maximum effectiveness and economy, (b) provide for periodic and systematic appraisals of operations to identify opportunities to improve effectiveness and performance, (c) schedule action to work out and install improvements, giving priority to the activities promising greatest benefits in economy or better service for the same or less money, and (d) report periodically to the Bureau of the Budget on the progress made in establishing management improvement programs and the results achieved therefrom. 2. The Bureau of the Budget shall (a) review department and agency plans for management improvement in conjunction with requests for funds, and at other appropriate times, (b) advise and assist the agencies in working out programs to improve their operations, (c) make appropriate arrangements for handling program and operating problems of an interagency nature, (d) provide for an interchange of information on effective management techniques, and (e) report periodically to the President on the progress and results of agency management improvement efforts. 3. There is hereby established an Advisory Committee on Management Improvement. The Committee shall assist the President in creating a governmentwide program for management improvement, developing a framework for the conduct of management activities, reviewing the progress of agency management improvement efforts, and promoting a better understanding of measures taken to improve the management of the Executive Branch of the Government. The Committee shall be appointed by the President and shall consist of twelve members, five of whom shall be officers or employees of the Federal Government. The Director of the Bureau of the Budget shall meet with and advise the Committee. § 1332-1. Powers and duties of President; preparation and contents of reorganization plan; submission to Congress.-Whenever the President, after investigation, finds that— (1) the transfer of the whole or any part of any agency, or of the whole or any part of the functions thereof, to the jurisdiction and control of any other agency; or (2) the abolition of all or any part of the functions of any agency; or (3) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions thereof, with the whole or any part of any other agency or the functions thereof; or (4) the consolidation or coordination of any part of any agency or the functions thereof with any other part of the same agency or the functions thereof; or (5) the authorization of any officer to delegate any of his functions; or (6) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of the reorganization plan will not have any functions, is necessary to accomplish one or more of the purposes of section 133z(a) of this title, he shall prepare a reorganization plan for the making of the reorganizations as to which he has made findings and which he includes in the plan, and transmit such plan (bearing an identifying number) to the Congress, together with a declaration that, with respect to each reorganization included in the plan, he has found that such reorganization is necessary to accomplish one or more of the purposes of section 133z (a) of this title. 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 specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of such function, and shall specify the reduction of expenditures (itemized so far as practicable) which it is probable will be brought about by the taking effect of the reorganizations included in the plan. (June 20, 1949, ch. 226, Title I, § 3, 63 Stat. 203.) § 133z-2. Additional contents of plans.--Any reorganization plan transmitted by the President under section 133z-1 of this title (1) shall change, in such cases as he deems necessary, the name of any agency affected by a reorganization, and the title of its head; and shall designate the name of any agency resulting from a reorganization and the title of its head; (2) may include provisions for the appointment and compensation of the head and one or more other officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan such provisions are necessary. The head so provided for may be an individual or may be a commission or board with two or more members. In the case of any such appointment the term of office shall not be fixed at more than four years, the compensation shall not be at a rate in excess of that found by the President to prevail in respect of comparable officers in the executive branch, and, if the appointment is not under the classified civil service, it shall be by the President, by and with the advice and consent of the Senate, except that, in the case of any officer of the municipal government of the District of Columbia, it may be by the Board of Commissioners or other body or officer of such government designated in the plan: (3) shall make provision for the transfer or other disposition of the records, property, and personnel affected by any reorganization; (4) shall make provision for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with any function or agency affected by a reorganization, as he deems necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for 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.) 1 So in original. § 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.) § 133z-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.) § 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 legislative 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.) § 1332-7. 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.) § 133z-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: |