Mr. BROWNLOW. We showed it to him.

Senator MCNARY. Did he approve the bill, or the report?

Mr. BROWNLOW. The President has not specifically said anything to me personally about the details of the bill. We said we had a bill that carried out the same things that we had in the report, and I cannot undertake to speak for the President.

Senator O'MAHONEY. The President did not recommend the bill in his message, did he?

Mr. BROWNLOW. No, he makes no specific recommendation.

Senator O'MAHONEY. So the President has not sponsored this particular measure.

Senator HARRISON. Our people are vitally interested in flood control along the Mississippi River. Always the Army engineers have had control of those public works. It would be very disheartening to them if a Public Works Department should be created and it should be found, under the bill, impossible to let this particular character of work be carried on by the Army engineers. Would your bill keep that from being done?

Mr. BROWNLOW. Under our bill, even if carried on as public works, they could bring the Army engineers to do the work.

Senator HARRISON. They could assign to the Public Works Department Army engineers to carry on river and harbor work?

Mr. BROWNLOW. Yes.

Senator HARRISON. Could they do otherwise?

Mr. BROWNLOW. In fact that was one illustration that the President used in his press release on this measure.

the Army engineers in a great many cases.

You can use the skill of

Senator BYRNES. There is no difference in what you have drafted and the legislation that was reported by the Senator from Mississippi in the committee back in 1933?

Mr. BROWNLOW. No, we just followed the same line.

Senator MCNARY. Now, let me read this from page 60 of your report [reading]:

The Department of Conservation.

To advise the President with regard to the protection and use of the natural resources of the Nation and the public domain.

To administer the public lands, parks, territories, and reservations, and enforce the conservation laws with regard to public lands and mineral and water resources, except as otherwise assigned.

Now, that language contemplates a transfer from the Department of Agriculture to this Conservation Department of the great forests of the country, does it not?

Mr. BROWNLOW. It could, or it could not be assigned that way.
Senator MCNARY. What does your bill say about that?

Mr. BROWNLOW. It does not say anything specifically about this at all.

Senator MCNARY. You consider this just as a recommendation? Mr. BROWNLOW. The only thing that the bill has about any department at all is with reference to the two new ones.

Senator MCNARY. I am speaking of a new department, the Department of Conservation.

Now, let me say this to you: For a great many years there has been some controversy between the Department of the Interior and the Department of Agriculture with respect to the control of the

public domain, we will say the forests. Personally I have taken a great interest in the forest service staying with the Department of Agriculture. One-half the State of Oregon is Government-owned, and one-third of it is in national forests. They have done a complete job, and I would oppose any change from that policy, taking from the Department of Agriculture and placing in any other department the forests of this country.

This whole scheme places the national forests, all the mineral resources, in one department of conservation, as you call it. That is what you recommend. I haven't read the provisions of your bill, it probably carries this idea out.

Mr. BROWNLOW. The provisions of the bill do not go as far, because we do not have a set-up about all the departments.

The CHAIRMAN. Some discussion developed this morning on the subject of proposed increases in salaries, such proposals being carried in the report. I think it has been disclosed that there is a general feeling on the part of the committee that that controversy ought not to be injected into this legislation. Everyone with whom I have talked entertains that view. Hereafter in the hearings, if it meets with the approval of the committee, we will omit discussions of the question of salaries, at least until some further necessity arises.

Senator BYRD. I second the motion.

The CHAIRMAN. Is there any objection to meeting in the morning at 10 o'clock? The Chair hears none. We will meet at 10 o'clock in the morning.

A BILL To provide for the reorganization of agencies of the Government by transfer, retransfer, regrouping, coordination, consolidation, segregation, and abolition, to extend the merit system, to reorganize the auditing and accounting functions of the Government, to establish the Departments of Social Welfare and Public Works and the National Resources Board, to change the name of the Department of the Interior, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

TITLE I

POWER TO REORGANIZE AGENCIES OF THE GOVERNMENT

DECLARATION OF STANDARD

SECTION 1. The President shall investigate the organization of all agencies of the Government including the agencies established or affected by this Act, and shall determine what changes therein are necessary to accomplish any of the following purposes:

(a) To improve the effectiveness of administrative management of the Government;

(b) To reduce expenditures to the fullest extent consistent with the efficient operation of the Government;

(c) To increase the efficiency of the operations of the Government to the fullest extent practicable within the revenues;

(d) To group, coordinate, consolidate, reorganize, and segregate agencies and functions of the Government, or any part thereof, as nearly as may be, according to major purposes:

(e) To reduce the number of such agencies by regrouping or consolidating those having similar functions under a single head, and by abolishing such agencies or such functions, or any part thereof, as may not be necessary for the efficient conduct of the Government;

(f) To eliminate overlapping and duplication of effort; and

(g) To segregate in any agency of the Government regulatory functions from those of an administrative and executive character, and to transfer any such functions from one agency to another and segregate such functions in the receiving agency.

POWER OF THE PRESIDENT

SEC. 2. Whenever the President, after investigation, shall find and declare that any transfer, retransfer, regrouping, coordination, consolidation, reorganization, segregation, or abolition of the whole or any part of any agency, or the functions thereof, is necessary to accomplish any of the purposes set forth in section 1 of this Title, he may by Executive order:

(a) Transfer or retransfer the whole or any part of any agency, or the functions thereof, to the jurisdiction and control of any other agency;

(b) Establish any agency to receive the whole or any part of any other agency, or the functions thereof, and this shall include the power to establish Federal corporations and direct that such action be taken as may be necessary to effect the transfer to any such corporation of the assets and liabilities of any federally owned and controlled corporation or corporations and empower any such Federal corporation to exercise such functions as may be necessary to effectuate the purposes for which the federally owned and controlled corporation or corporations were established;

(c) Regroup, coordinate, consolidate, reorganize, or segregate the whole or any part of any agency, or the functions thereof; or

(d) Abolish the whole or any part of any agency, or the functions thereof, and this shall include the liquidation and dissolution of any federally owned and controlled corporation in accordance with the laws of the United States, or of any State, Territory, or possession of the United States (including the Philippine Islands), or the District of Columbia, under which such corporation was organized; and

(e) Prescribe the name and functions of any agency transferred, retransferred, established, regrouped, coordinated, consolidated, reorganized or segregated under this title, and the title, functions, tenure, and method of the appointment of its head, or of any of its officers or employees.

TITLE II

REORGANIZATION AND EXTENSION OF MERIT SYSTEM

PART 1. THE CIVIL SERVICE ADMINISTRATION

SECTION 201. (a) There is established in the executive branch of the Government an organization to be known as the Civil Service Administration (hereinafter referred to as the "Administration"), at the head of which shall be a Civil Service Administrator (hereinafter referred to as the "Administrator"), who shall be appointed by the President, by and with the advice and consent of the Senate, from a list of the three highest candidates certified as a result of an open competitive examination, as hereinafter provided, and shall receive a salary at the rate of $15,000 per annum. The Administrator shall be selected without regard to any political qualifications, and shall be a person specially qualified for the office of Administrator by reason of his executive and administrative qualifications, with particular reference to his actual experience in, or his knowledge of, accepted practices in respect to the functions vested in and imposed upon that office by law. He shall be subject to the provisions of the Civil Service Retirement Act of May 22, 1920, as amended, but he shall not by virtue of his appointment as Administrator acquire an eligibility status for appointment, transfer, promotion, or reinstatement to a position in the classified civil service.

(b) There shall be in the Administration a Deputy Civil Service Administrator who shall be appointed by the Administrator, subject to the civil service laws, and his salary shall be fixed in accordance with the Classification Act of 1923, as amended. The Deputy Civil Service Administrator shall perform such functions as the Administrator may prescribe, and shall act as Administrator in the absence of the Administrator or in the event of a vacancy in that office.

SEC. 202. (a) The United States Civil Service Commission, the three offices of Civil Service Commissioners, and all other offices of such Commission, are abolished and all functions vested in and imposed upon such Commission or such offices or officers by law are conferred and imposed upon the Administrator. (b) The provisions of this Act shall be construed as supplementing, and not superseding, the laws relating to the civil service of the United States, by or under which functions are vested in and imposed upon the President, except as such provisions may be directly in conflict with any such laws: Provided, That the President shall not be authorized to cover into the classified civil service any office, position, or incumbent thereof, or to remove any office or position from such service, except as hereinafter provided.

SEC. 203. In addition to the functions vested in and imposed upon the Administrator by section 202 of this title

(a) The Administrator shall prepare and effect plans for the development and maintenance of a career service in the Federal Government.

(b) The Administrator is authorized to

(i) Plan, establish, supervise or coordinate employee training programs and similar activities of the agencies of the Government, and make available to such agencies employee training facilities at his disposal;

(ii) Obtain information, through the Administration, or in cooperation with other agencies, organizations, or groups, concerning personnel standards, practices, or policies in other governmental jurisdictions (whether a foreign country, State, Territory, or possesison of the United States, including the Philippine Islands, or any political subdivision thereof, or the District of Columbia), or in private industry, and make such information available to the agencies of the United States;

(iii) Cooperate generally with the public personnel agencies of States, Territories, or possessions of the United States (including the Philippine Islands), or political subdivisions thereof, or the District of Columbia, in the adoption, development, or extension of the merit system in their respective jurisdiction, and upon the request of any such agency render advisory or consultative personnel service or establish eligible registers for such agency or establish or assist in the establishment of joint eligible registers;

(iv) At the direction of the President, or upon the request of the head of any agency of the Government, cooperate or assist in the installation or development of personnel standards, practices, or policies for any agency of the Government, or review and investigate personnel standards, practices, or policies of such agency, and report thereon to the President or the officer making the request. Cooperation or assistance by the Administrator under paragraphs (iii) and (iv) of subsection (b) of this section may be made on the condition that the agencies for the benefit of which such cooperation or assistance is rendered shall reimburse the administration for all necessary expenses incurred in connection therewith, and the payments representing such reimbursements shall be deposited as refunds to the appropriations from which such expenses were originally paid, instead of being covered into the Treasury as miscellaneous receipts;

(v) Request persons not in the service of the Federal Government who are experts in some aspect of personnel administration to attend conferences with representatives of the Administration or to consult or advise with them, in the District of Columbia or elsewhere, and reimburse such experts for their subsistence and other expenses at a rate not to exceed $25 per day for time spent in attending and traveling to and from such conferences, or in consulting or advising with such representatives, plus the actual cost of transportation;

(vi) Purchase manuscripts from, or meet the costs of special studies made by, private persons, corporations, or other organizations, at the request of, or in cooperation with, the Administration; and

(vii) Pay membership fees or dues in personnel associations, or in organizations which issue publications to members only or to members at a lower price than to others, payment for which may be made in advance.

SEC. 204. (a) The Administrator is authorized to delegate to any officer or employee of the Administration any functions vested in and imposed upon the Administrator or the Administration by law.

(b) The Administrator shall supervise such clerical and other work of the Civil Service Board, established by section 205 of this title, as the Board may request and shall provide the Board with such clerical and other services as it may require by assignment from the Administration, and furnish the Board with stationery and other necessary articles.

(c) The Administrator shall cause a seal of office to be made for the Administration, of such device as the President shall approve, and judicial notice shall be taken of such seal.

PART 2. THE CIVIL SERVICE BOARD

SEC. 205. There is established in the Administration a board to consist of seven members and to be known as the Civil Service Board (hereinafter referred to in this title as the "Board"). No person shall be eligible for membership on the Board if, at any time within five years preceding the date of his appointment, he has been a member or officer of any local, State, or National committee of a political party, or during such period has held, or been a candidate for, any elective public office.

SEC. 206. The members of the Board shall be appointed by the President, by and with the advice and consent of the Senate. One of the members of the 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. 207. The terms of office of the members of the Board first taking office shall expire, as designated by the President at the time of nomination, one at the end of the first year, one at the end of the second year, and one at the end of each succeeding year up to and including the seventh year, after the enactment of this Act. A successor shall have a term of office expiring seven years from the date of expiration of the term for which his predecessor was appointed except that a person appointed to fill a vacancy occurring prior to the expiration of such term shall be appointed for the remainder of such term.

SEC. 208. (a) The members of the Board shall be reimbursed for their subsistence and other expenses at the rate of $50 per day for time spent in attending and traveling to and from meetings, or in otherwise exercising the functions of the Board, plus the actual cost of transportation: Provided, That no member shall be so reimbursed in an amount to exceed $1,500 per annum exclusive of transportation.

(b) The Board shall not meet less than four times a year. Meetings may be called by the President or the Chairman and shall be called by the Chairman upon the petition of any four members of the Board.

(c) The 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 the Board may function notwithstanding vacancies.

SEC. 209. The Board shall

(a) Represent the public interest in the improvement of personnel administration in the service of the Federal Government and in the protection of the merit system;

(b) Make annual reports to the President and the Congress on the quality and status of the personnel administration of the Federal Government;

(c) Study and report to the President from time to time the relation of the Civil Service of the Federal Government to the merit system in States, Territories, or possessions of the United States (including the Philippine Islands), or political subdivisions thereof, or the District of Columbia, particularly with reference to activities in such jurisdictions in which there is a participation by the Federal Government by way of assistance in the program or by grants-in-aid;

(d) Make recommendations to the President on possible improvements in the laws or the administration of matters affecting personnel of the Federal Government, and to this end the Board is authorized to make such special investigations as it deems necessary;

(e) Make such special reports to the President or the Congress as either may request or the Board deems advisable;

(f) Act in an advisory capacity, upon request of the President or the Administrator, on matters concerning personnel administration in the service of the Federal Government;

(g) Advise and assist the Administrator in fostering the interest of institutions of learning, civic and professional organization, and labor and employees' organization in the improvement of personnel standards, practices, or policies in the service of the Federal Government;

(h) Appoint five specially qualified examiners, without regard to the civil service laws, who shall, consistent with the provisions of this title, determine the necessary qualifications for appointment to the office of Administrator.

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