05 USC 103. Filing of reports
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) Except as otherwise provided in this section, the reports
required under this title shall be filed by the reporting individual
with the designated agency ethics official at the agency by which he is
employed (or in the case of an individual described in section 101(e),
was employed) or in which he will serve. The date any report is
received (and the date of receipt of any supplemental report) shall be
noted on such report by such official.
(b) The President, the Vice President, and independent counsel and
persons appointed by independent counsel under chapter 40 of title 28,
United States Code, shall file reports required under this title with
the Director of the Office of Government Ethics.
(c) Copies of the reports required to be filed under this title by
the Postmaster General, the Deputy Postmaster General, the Governors of
the Board of Governors of the United States Postal Service, designated
agency ethics officials, employees described in section 105(a)(2)(A) or
(B), 106(a)(1)(A) or (B), or 107(a)(1)(A) or (b)(1)(A)(i), of title 3,
United States Code, candidates for the office of President or Vice
President and officers and employees in (and nominees to) offices or
positions which require confirmation by the Senate or by both Houses of
Congress other than individuals nominated to be judicial officers and
those referred to in subsection (f) shall be transmitted to the Director
of the Office of Government Ethics. The Director shall forward a copy
of the report of each nominee to the congressional committee considering
the nomination.
(d) Reports required to be filed under this title by the Director of
the Office of Government Ethics shall be filed in the Office of
Government Ethics and, immediately after being filed, shall be made
available to the public in accordance with this title.
(e) Each individual identified in section 101(c) who is a candidate
for nomination or election to the Office of President or Vice President
shall file the reports required by this title with the Federal Election
Commission.
(f) Reports required of members of the uniformed services shall be
filed with the Secretary concerned.
(g) Each supervising ethics office shall develop and make available
forms for reporting the information required by this title.
(h)(1) The reports required under this title shall be filed by a
reporting individual with --
(A)(i)(I) the Clerk of the House of Representatives, in the case of a
Representative in Congress, a Delegate to Congress, the Resident
Commissioner from Puerto Rico, an officer or employee of the Congress
whose compensation is disbursed by the Clerk of the House of
Representatives, an officer or employee of the Architect of the Capitol,
the United States Botanic Garden, the Congressional Budget Office, the
Government Printing Office, the Library of Congress, or the Copyright
Royalty Tribunal (including any individual terminating service, under
section 101(e), in any office or position referred to in this
subclause), or an individual described in section 101(c) who is a
candidate for nomination or election as a Representative in Congress, a
Delegate to Congress, or the Resident Commissioner from Puerto Rico;
and
(II) the Secretary of the Senate, in the case of a Senator, an
officer or employee of the Congress whose compensation is disbursed by
the Secretary of the Senate, an officer or employee of the General
Accounting Office, the Office of Technology Assessment, or the Office of
the Attending Physician (including any individual terminating service,
under section 101(e), in any office or position referred to in this
subclause), or an individual described in section 101(c) who is a
candidate for nomination or election as a Senator; and
(ii) in the case of an officer or employee of the Congress as
described under section 101(f)(10) who is employed by an agency or
commission established in the legislative branch after the date of the
enactment of the Ethics Reform Act of 1989 --
(I) the Secretary of the Senate or the Clerk of the House of
Representatives, as the case may be, as designated in the statute
establishing such agency or commission; or
(II) if such statute does not designate such committee, the Secretary
of the Senate for agencies and commissions established in even numbered
calendar years, and the Clerk of the House of Representatives for
agencies and commissions established in odd numbered calendar years;
and
(B) the Judicial Conference with regard to a judicial officer or
employee described under paragraphs (11) and (12) of section 101(f)
(including individuals terminating service in such office or position
under section 101(e) or immediately preceding service in such office or
position).
(2) The date any report is received (and the date of receipt of any
supplemental report) shall be noted on such report by such committee.
(i) A copy of each report filed under this title by a Member or an
individual who is a candidate for the office of Member shall be sent by
the Clerk of the House of Representatives or Secretary of the Senate, as
the case may be, to the appropriate State officer designated under
section 316(a) /1/ of the Federal Election Campaign Act of 1971 of the
State represented by the Member or in which the individual is a
candidate, as the case may be, within the 30-day period beginning on the
day the report is filed with the Clerk or Secretary.
(j)(1) A copy of each report filed under this title with the Clerk of
the House of Representatives shall be sent by the Clerk to the Committee
on Standards of Official Conduct of the House of Representatives within
the 7-day period beginning on the day the report is filed.
(2) A copy of each report filed under this title with the Secretary
of the Senate shall be sent by the Secretary to the Select Committee on
Ethics of the Senate within the 7-day period beginning on the day the
report is filed.
(k) In carrying out their responsibilities under this title with
respect to candidates for office, the Clerk of the House of
Representatives and the Secretary of the Senate shall avail themselves
of the assistance of the Federal Election Commission. The Commission
shall make available to the Clerk and the Secretary on a regular basis a
complete list of names and addresses of all candidates registered with
the Commission, and shall cooperate and coordinate its candidate
information and notification program with the Clerk and the Secretary to
the greatest extent possible.
(Pub. L. 95-521, title I, 103, Oct. 26, 1978, 92 Stat. 1831; Pub.
L. 96-19, 4(b)(2), 9(a), June 13, 1979, 93 Stat. 40, 42; Pub. L.
101-194, title II, 202, Nov. 30, 1989, 103 Stat. 1736; Pub. L.
101-280, 3(1), (4), May 4, 1990, 104 Stat. 152, 153; Pub. L. 102-90,
title III, 313(1), Aug. 14, 1991, 105 Stat. 469.)
The date of the enactment of the Ethics Reform Act of 1989, referred
to in subsec. (h)(1)(A)(ii), is the date of enactment of Pub. L.
101-194, which was approved Nov. 30, 1989.
Section 316(a) of the Federal Election Campaign Act of 1971, referred
to in subsec. (i), was probably intended to be a reference to section
312(a) of Federal Election Campaign Act of 1971, Pub. L. 92-225, which
is classified to section 439(a) of Title 2, The Congress, and which
directs the chief executive officer of each State to designate a State
officer to receive reports and statements filed by persons under the
Federal Election Campaign Act of 1971.
Section was formerly classified to section 703 of Title 2, The
Congress.
1991 -- Subsec. (i). Pub. L. 102-90 substituted ''30-day'' for
''7-day''.
1990 -- Subsec. (c). Pub. L. 101-280, 3(4)(A), inserted
''individuals nominated to be judicial officers and'' after ''Houses of
Congress other than''.
Subsec. (d). Pub. L. 101-280, 3(4)(B), inserted ''of the Office of
Government Ethics'' after ''Director''.
Subsec. (e). Pub. L. 101-280, 3(4)(C), inserted ''who is a candidate
for nomination or election to the Office of President or Vice
President'' after ''section 101(c)'' and substituted ''Election'' for
''Elections''.
Subsec. (g). Pub. L. 101-280, 3(4)(D), substituted ''Each supervising
ethics office'' for ''The Office of Government Ethics''.
Subsec. (h)(1)(A)(i). Pub. L. 101-280, 3(4)(E), amended cl. (i)
generally. Prior to amendment, cl. (i) read as follows: ''the
appropriate congressional ethics committee with regard to a Member of
Congress, officer or employee of the Congress described under paragraphs
(9) and (10) of section 101(f) (including individuals terminating
service in such office or position under section 101(e) or immediately
preceding service in such office or position); and''.
Subsec. (h)(1)(A)(ii)(I). Pub. L. 101-280, 3(4)(F)(i), substituted
''Secretary of the Senate or the Clerk of the House of Representatives,
as the case may be, as'' for ''congressional ethics committee''.
Subsec. (h)(1)(A)(ii)(II). Pub. L. 101-280, 3(4)(F)(ii), substituted
''Secretary of the Senate'' for ''Senate Select Committee on Ethics''
and ''Clerk'' for ''Committee on Standards of Official Conduct''.
Subsec. (h)(1)(B). Pub. L. 101-280, 3(1), struck out ''of the United
States'' after ''Judicial Conference''.
Subsecs. (i) to (k). Pub. L. 101-280, 3(4)(G), added subsecs. (i) to
(k).
1989 -- Pub. L. 101-194 amended section generally, substituting
subsecs. (a) to (h) for former subsecs. (a) to (f) which related,
respectively, to persons filing with the clerk, persons filing with the
Secretary, State copies, Committee copies, Federal Election Commission
assistance, and reporting forms, rules and regulations.
1979 -- Subsec. (b). Pub. L. 96-19, 4(b)(2), inserted reference to
the National Commission on Air Quality.
Subsec. (f). Pub. L. 96-19, 9(a), substituted ''the designated
committee of the House of Representatives'' for ''the Clerk shall, after
consultation with the designated committee of the House of
Representatives''.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
204 of Pub. L. 101-194, set out as a note under section 101 of this
Appendix.
/1/ See References in Text note below.
05 USC 104. Failure to file or filing false reports
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) The Attorney General may bring a civil action in any appropriate
United States district court against any individual who knowingly and
willfully falsifies or who knowingly and willfully fails to file or
report any information that such individual is required to report
pursuant to section 102. The court in which such action is brought may
assess against such individual a civil penalty in any amount, not to
exceed $10,000.
(b) The head of each agency, each Secretary concerned, the Director
of the Office of Government Ethics, each congressional ethics committee,
or the Judicial Conference, as the case may be, shall refer to the
Attorney General the name of any individual which such official or
committee has reasonable cause to believe has willfully failed to file a
report or has willfully falsified or willfully failed to file
information required to be reported. Whenever the Judicial Conference
refers a name to the Attorney General under this subsection, the
Judicial Conference also shall notify the judicial council of the
circuit in which the named individual serves of the referral.
(c) The President, the Vice President, the Secretary concerned, the
head of each agency, the Office of Personnel Management, a congressional
ethics committee, and the Judicial Conference, may take any appropriate
personnel or other action in accordance with applicable law or
regulation against any individual failing to file a report or falsifying
or failing to report information required to be reported.
(d)(1) Any individual who files a report required to be filed under
this title more than 30 days after the later of --
(A) the date such report is required to be filed pursuant to the
provisions of this title and the rules and regulations promulgated
thereunder; or
(B) if a filing extension is granted to such individual under section
101(g), the last day of the filing extension period,
shall, at the direction of and pursuant to regulations issued by the
supervising ethics office, pay a filing fee of $200. All such fees
shall be deposited in the miscellaneous receipts of the Treasury. The
authority under this paragraph to direct the payment of a filing fee may
be delegated by the supervising ethics office in the executive branch to
other agencies in the executive branch.. /1/
(2) The supervising ethics office may waive the filing fee under this
subsection in extraordinary circumstances.
(Pub. L. 95-521, title I, 104, Oct. 26, 1978, 92 Stat. 1832; Pub.
L. 96-19, 8(a), June 13, 1979, 93 Stat. 41; Pub. L. 101-194, title II,
202, Nov. 30, 1989, 103 Stat. 1737; Pub. L. 101-280, 3(1), (5), May 4,
1990, 104 Stat. 152, 154; Pub. L. 101-650, title IV, 405, Dec. 1, 1990,
104 Stat. 5124.)
Section was formerly classified to section 704 of Title 2, The
Congress.
1990 -- Subsec. (b). Pub. L. 101-650 inserted at end ''Whenever the
Judicial Conference refers a name to the Attorney General under this
subsection, the Judicial Conference also shall notify the judicial
council of the circuit in which the named individual serves of the
referral.''
Pub. L. 101-280, 3(5)(A), substituted ''Judicial Conference'' for
''Chairman of the Judicial Conference''.
Pub. L. 101-280, 3(1), struck out ''of the United States'' after
''Judicial Conference''.
Subsec. (c). Pub. L. 101-280, 3(1), struck out ''of the United
States'' after ''Judicial Conference''.
Subsec. (d)(1). Pub. L. 101-280, 3(5)(B), substituted closing
provisions for former closing provisions which read ''shall pay a filing
fee of $200 to the miscellaneous receipts of the General Treasury''.
1989 -- Pub. L. 101-194 amended section generally, substituting
provisions relating to failure to file or filing false reports for
provisions relating to accessibility of reports. See section 105 of
this Appendix.
1979 -- Subsec. (c). Pub. L. 96-19 designated existing provisions as
par. (2) and added par. (1).
Amendment by Pub. L. 101-650 effective 90 days after Dec. 1, 1990,
see section 407 of Pub. L. 101-650, set out as a note under section 332
of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
204 of Pub. L. 101-194, set out as a note under section 101 of this
Appendix.
/1/ So in original.
05 USC 105. Custody of and public access to reports
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) Each agency, each supervising ethics office in the executive or
judicial branch, the Clerk of the House of Representatives, and the
Secretary of the Senate shall make available to the public, in
accordance with subsection (b), each report filed under this title with
such agency or office or with the Clerk or the Secretary of the Senate,
except that --
(1) this section does not require public availability of a report
filed by any individual in the Central Intelligence Agency, the Defense
Intelligence Agency, or the National Security Agency, or any individual
engaged in intelligence activities in any agency of the United States,
if the President finds or has found that, due to the nature of the
office or position occupied by such individual, public disclosure of
such report would, be /1/ revealing the identity of the individual or
other sensitive information, compromise the national interest of the
United States; and such individuals may be authorized, notwithstanding
section 104(a), to file such additional reports as are necessary to
protect their identity from public disclosure if the President first
finds or has found that such filing is necessary in the national
interest; and
(2) any report filed by an independent counsel whose identity has not
been disclosed by the division of the court under chapter 40 of title
28, United States Code, and any report filed by any person appointed by
that independent counsel under such chapter, shall not be made available
to the public under this title.
(b)(1) Except as provided in the second sentence of this subsection,
each agency, each supervising ethics office in the executive or judicial
branch, the Clerk of the House of Representatives, and the Secretary of
the Senate shall, within thirty days after any report is received under
this title by such agency or office or by the Clerk or the Secretary of
the Senate, as the case may be,, /2/ permit inspection of such report by
or furnish a copy of such report to any person requesting such
inspection or copy. With respect to any report required to be filed by
May 15 of any year, such report shall be made available for public
inspection within 30 calendar days after May 15 of such year or within
30 days of the date of filing of such a report for which an extension is
granted pursuant to section 101(g). The agency, office, Clerk, or
Secretary of the Senate, as the case may be /3/ may require a reasonable
fee to be paid in any amount which is found necessary to recover the
cost of reproduction or mailing of such report excluding any salary of
any employee involved in such reproduction or mailing. A copy of such
report may be furnished without charge or at a reduced charge if it is
determined that waiver or reduction of the fee is in the public
interest.
(2) Notwithstanding paragraph (1), a report may not be made available
under this section to any person nor may any copy thereof be provided
under this section to any person except upon a written application by
such person stating --
(A) that person's name, occupation and address;
(B) the name and address of any other person or organization on whose
behalf the inspection or copy is requested; and
(C) that such person is aware of the prohibitions on the obtaining or
use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.
(c)(1) It shall be unlawful for any person to obtain or use a report
--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than by news and communications
media for dissemination to the general public;
(C) for determining or establishing the credit rating of any
individual; or
(D) for use, directly or indirectly, in the solicitation of money for
any political, charitable, or other purpose.
(2) The Attorney General may bring a civil action against any person
who obtains or uses a report for any purpose prohibited in paragraph (1)
of this subsection. The court in which such action is brought may
assess against such person a penalty in any amount not to exceed
$10,000. Such remedy shall be in addition to any other remedy available
under statutory or common law.
(d) Any report filed with or transmitted to an agency or supervising
ethics office or to the Clerk of the House of Representatives or the
Secretary of the Senate pursuant to this title shall be retained by such
agency or office or by the Clerk or the Secretary of the Senate, as the
case may be. Such report shall be made available to the public for a
period of six years after receipt of the report. After such six-year
period the report shall be destroyed unless needed in an ongoing
investigation, except that in the case of an individual who filed the
report pursuant to section 101(b) and was not subsequently confirmed by
the Senate, or who filed the report pursuant to section 101(c) and was
not subsequently elected, such reports shall be destroyed one year after
the individual either is no longer under consideration by the Senate or
is no longer a candidate for nomination or election to the Office of
President, Vice President, or as a Member of Congress, unless needed in
an ongoing investigation.
(Pub. L. 95-521, title I, 105, Oct. 26, 1978, 92 Stat. 1833; Pub.
L. 101-194, title II, 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L.
101-280, 3(6), May 4, 1990, 104 Stat. 154; Pub. L. 102-90, title III,
313(2), Aug. 14, 1991, 105 Stat. 469.)
Section was formerly classified to section 705 of Title 2, The
Congress.
1991 -- Subsec. (b)(1). Pub. L. 102-90 substituted ''Except as
provided in the second sentence of this subsection, each agency'' for
''Each agency'' and inserted after first sentence ''With respect to any
report required to be filed by May 15 of any year, such report shall be
made available for public inspection within 30 calendar days after May
15 of such year or within 30 days of the date of filing of such a report
for which an extension is granted pursuant to section 101(g).''
1990 -- Subsec. (a). Pub. L. 101-280, 3(6)(A), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''Each
agency and each supervisory ethics office shall make each report filed
with it under this title available to the public in accordance with the
provisions of subsection (b) of this section, except that this section
does not require public availability of a report filed by --
''(1) any individual in the Central Intelligence Agency, the Defense
Intelligence Agency, or the National Security Agency, or any individual
engaged in intelligence activities in any agency of the United States,
if the President finds that, due to the nature of the office or position
occupied by such individual, public disclosure of such report would, by
revealing the identity of the individual or other sensitive information,
compromise the national interest of the United States. In addition,
such individuals may be authorized, notwithstanding section 104(a), to
file such additional reports as are necessary to protect their identity
from public disclosure if the President first finds that such filing is
necessary in the national interest; or
''(2) an independent counsel or person appointed by independent
counsel under chapter 40 of title 28, United States Code, whose identity
has not otherwise been disclosed.''
Subsec. (b)(1). Pub. L. 101-280, 3(6)(B)(i)(I), substituted '', each
supervising ethics office in the executive or judicial branch, the Clerk
of the House of Representatives, and the Secretary of the Senate'' for
''and each supervising ethics office''.
Pub. L. 101-280, 3(6)(B)(i)(II), substituted ''under this title by
such agency or office or by the Clerk or the Secretary of the Senate, as
the case may be,'' for ''by such agency or office under this title''.
Pub. L. 101-280, 3(6)(B)(ii), substituted '', office, Clerk, or
Secretary of the Senate, as the case may be'' for ''or office''.
Subsec. (d). Pub. L. 101-280, 3(6)(C), inserted ''or to the Clerk of
the House of Representatives or the Secretary of the Senate'' after
''ethics office'' and ''or by the Clerk or the Secretary of the Senate''
after ''or office''.
1989 -- Pub. L. 101-194 amended section generally, substituting
provisions relating to custody of and public access to reports for
provisions relating to review and compliance procedures. See section
106 of this Appendix.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
204 of Pub. L. 101-194, set out as a note under section 101 of this
Appendix.
Section 9 of Pub. L. 101-280 provided that: ''Those reports filed
under title I (formerly classified to section 701 et seq. of Title 2,
The Congress), II (formerly set out under the heading Executive
Personnel Financial Disclosure Requirements in this Appendix), or III
(formerly set out under the heading Judicial Personnel Financial
Disclosure Requirements in the Appendix to Title 28, Judiciary and
Judicial Procedure) of the Ethics in Government Act of 1978 (Pub. L.
95-521), as in effect before January 1, 1991, shall be made available to
the public on or after such date in accordance with section 105 of that
Act (this section), as amended by the Ethics Reform Act of 1989 (Pub. L.
101-194), and the provisions of such section shall apply with respect to
those reports.''
/1/ So in original. Probably should be ''by''.
/2/ So in original.
/3/ So in original. Probably should be followed by a comma.
05 USC 106. Review of reports
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a)(1) Each designated agency ethics official or Secretary concerned
shall make provisions to ensure that each report filed with him under
this title is reviewed within sixty days after the date of such filing,
except that the Director of the Office of Government Ethics shall review
only those reports required to be transmitted to him under this title
within sixty days after the date of transmittal.
(2) Each congressional ethics committee and the Judicial Conference
shall make provisions to ensure that each report filed under this title
is reviewed within sixty days after the date of such filing.
(b)(1) If after reviewing any report under subsection (a), the
Director of the Office of Government Ethics, the Secretary concerned,
the designated agency ethics official, a person designated by the
congressional ethics committee, or a person designated by the Judicial
Conference, as the case may be, is of the opinion that on the basis of
information contained in such report the individual submitting such
report is in compliance with applicable laws and regulations, he shall
state such opinion on the report, and shall sign such report.
(2) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated by
the congressional ethics committee, or a person designated by the
Judicial Conference, after reviewing any report under subsection (a) --
(A) believes additional information is required to be submitted, he
shall notify the individual submitting such report what additional
information is required and the time by which it must be submitted, or
(B) is of the opinion, on the basis of information submitted, that
the individual is not in compliance with applicable laws and
regulations, he shall notify the individual, afford a reasonable
opportunity for a written or oral response, and after consideration of
such response, reach an opinion as to whether or not, on the basis of
information submitted, the individual is in compliance with such laws
and regulations.
(3) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated by
a congressional ethics committee, or a person designated by the Judicial
Conference, reaches an opinion under paragraph (2)(B) that an individual
is not in compliance with applicable laws and regulations, the official
or committee shall notify the individual of that opinion and, after an
opportunity for personal consultation (if practicable), determine and
notify the individual of which steps, if any, would in the opinion of
such official or committee be appropriate for assuring compliance with
such laws and regulations and the date by which such steps should be
taken. Such steps may include, as appropriate --
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section 208(b) of title 18, United
States Code, or
(E) voluntary request for transfer, reassignment, limitation of
duties, or resignation.
The use of any such steps shall be in accordance with such rules or
regulations as the supervising ethics office may prescribe.
(4) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by an
individual in a position in the executive branch (other than in the
Foreign Service or the uniformed services), appointment to which
requires the advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
(5) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by a
member of the Foreign Service or the uniformed services, the Secretary
concerned shall take appropriate action.
(6) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by any
other officer or employee, the matter shall be referred to the head of
the appropriate agency, the congressional ethics committee, or the
Judicial Conference, for appropriate action; except that in the case of
the Postmaster General or Deputy Postmaster General, the Director of the
Office of Government Ethics shall recommend to the Governors of the
Board of Governors of the United States Postal Service the action to be
taken.
(7) Each supervising ethics office may render advisory opinions
interpreting this title within its respective jurisdiction.
Notwithstanding any other provision of law, the individual to whom a
public advisory opinion is rendered in accordance with this paragraph,
and any other individual covered by this title who is involved in a fact
situation which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and findings of
such advisory opinion shall not, as a result of such act, be subject to
any penalty or sanction provided by this title.
(Pub. L. 95-521, title I, 106, Oct. 26, 1978, 92 Stat. 1833; Pub.
L. 101-194, title II, 202, Nov. 30, 1989, 103 Stat. 1739; Pub. L.
101-280, 3(1), (7), May 4, 1990, 104 Stat. 152, 155.)
Section was formerly classified to section 706 of Title 2, The
Congress.
1990 -- Subsec. (a)(2). Pub. L. 101-280, 3(1), struck out ''of the
United States'' after ''Judicial Conference''.
Subsec. (b)(1). Pub. L. 101-280, 3(7)(B), substituted ''the Secretary
concerned, the designated agency ethics official,'' for ''Secretary
concerned, designated agency ethics official, or''.
Pub. L. 101-280, 3(7)(A), substituted ''a person designated by the
Judicial Conference'' for ''the Chairman of the Judicial Conference''.
Pub. L. 101-280, 3(1), struck out ''of the United States'' after
''Judicial Conference''.
Subsec. (b)(2). Pub. L. 101-280, 3(7)(C), substituted ''the Secretary
concerned, the designated agency ethics official,'' for ''Secretary
concerned, designated agency ethics official or''.
Pub. L. 101-280, 3(7)(A), substituted ''a person designated by the
Judicial Conference'' for ''the Chairman of the Judicial Conference''.
Pub. L. 101-280, 3(1), struck out ''of the United States'' after
''Judicial Conference''.
Subsec. (b)(3). Pub. L. 101-280, 3(7)(D), substituted ''the Secretary
concerned, the designated agency ethics official, a person designated by
a congressional ethics committee, or a person designated by the'' for
''Secretary concerned, designated agency ethics official, a
congressional ethics committee, or the''.
Pub. L. 101-280, 3(1), struck out ''of the United States'' after
''Judicial Conference''.
Subsec. (b)(4). Pub. L. 101-280, 3(7)(E), inserted ''in the executive
branch'' after ''position'' and substituted ''Foreign Service'' for
''foreign service''.
Subsec. (b)(5). Pub. L. 101-280, 3(7)(F), substituted ''Foreign
Service'' for ''foreign service''.
Subsec. (b)(6). Pub. L. 101-280, 3(1), struck out ''of the United
States'' after ''Judicial Conference''.
Pub. L. 101-280, 3(7)(G), substituted ''employee,'' for ''employee''.
1989 -- Pub. L. 101-194 amended section generally, substituting
provisions relating to review of reports for provisions relating to
failure to file or filing false reports. See section 104(a) of this
Appendix.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
204 of Pub. L. 101-194, set out as a note under section 101 of this
Appendix.
05 USC 107. Confidential reports and other additional requirements
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a)(1) Each supervising ethics office may require officers and
employees under its jurisdiction (including special Government employees
as defined in section 202 of title 18, United States Code) to file
confidential financial disclosure reports, in such form as the
supervising ethics office may prescribe. The information required to be
reported under this subsection by the officers and employees of any
department or agency shall be set forth in rules or regulations
prescribed by the supervising ethics office, and may be less extensive
than otherwise required by this title, or more extensive when determined
by the supervising ethics office to be necessary and appropriate in
light of sections 202 through 209 of title 18, United States Code,
regulations promulgated thereunder, or the authorized activities of such
officers or employees. Any individual required to file a report
pursuant to section 101 shall not be required to file a confidential
report pursuant to this subsection, except with respect to information
which is more extensive than information otherwise required by this
title. Subsections (a), (b), and (d) of section 105 shall not apply
with respect to any such report.
(2) Any information required to be provided by an individual under
this subsection shall be confidential and shall not be disclosed to the
public.
(3) Nothing in this subsection exempts any individual otherwise
covered by the requirement to file a public financial disclosure report
under this title from such requirement.
(b) The provisions of this title requiring the reporting of
information shall supersede any general requirement under any other
provision of law or regulation with respect to the reporting of
information required for purposes of preventing conflicts of interest or
apparent conflicts of interest. Such provisions of this title shall not
supersede the requirements of section 7342 of title 5, United States
Code.
(c) Nothing in this Act requiring reporting of information shall be
deemed to authorize the receipt of income, gifts, or reimbursements;
the holding of assets, liabilities, or positions; or the participation
in transactions that are prohibited by law, Executive order, rule, or
regulation.
(Pub. L. 95-521, title I, 107, Oct. 26, 1978, 92 Stat. 1834; Pub.
L. 96-19, 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub. L. 101-194,
title II, 202, Nov. 30, 1989, 103 Stat. 1740.)
This Act, referred to in subsec. (c), is Pub. L. 95-521, Oct. 26,
1978, 92 Stat. 1824, as amended, known as the Ethics in Government Act
of 1978. For complete classification of this Act to the Code, see Short
Title note set out under section 101 of this Appendix and Tables.
Section was formerly classified to section 707 of Title 2, The
Congress.
1989 -- Pub. L. 101-194 amended section generally, substituting
provisions relating to confidential reports and other additional
requirements for provisions setting forth definitions for purposes of
title I of Pub. L. 95-521. See section 109 of this Appendix.
1979 -- Par. (1). Pub. L. 96-19, 9(d), substituted ''gross income
derived from business (and net income if the individual elects to
include it)'' for ''net and gross income derived from business''.
Par. (16). Pub. L. 96-19, 9(g), inserted quotation marks after
''designated committee of the House of Representatives'' and before
''designated committee of the Senate''.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
204 of Pub. L. 101-194, set out as a note under section 101 of this
Appendix.
05 USC 108. Authority of Comptroller General
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) The Comptroller General shall have access to financial disclosure
reports filed under this title for the purposes of carrying out his
statutory responsibilities.
(b) No later than December 31, 1992, and regularly thereafter, the
Comptroller General shall conduct a study to determine whether the
provisions of this title are being carried out effectively.
(Pub. L. 95-521, title I, 108, Oct. 26, 1978, 92 Stat. 1835; Pub.
L. 96-19, 9(t), June 13, 1979, 93 Stat. 44; Pub. L. 101-194, title II,
202, Nov. 30, 1989, 103 Stat. 1741.)
Section was formerly classified to section 708 of Title 2, The
Congress.
1989 -- Pub. L. 101-194 amended section generally, substituting
provisions relating to authority of Comptroller General for provision
relating to preemption of State laws.
1979 -- Pub. L. 96-19 inserted ''holding the office of Member or''
after ''financial disclosure by reason of''.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
204 of Pub. L. 101-194, set out as a note under section 101 of this
Appendix.
05 USC 109. Definitions
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
For the purposes of this title, the term --
(1) ''congressional ethics committees'' means the Select Committee on
Ethics of the Senate and the Committee on Standards of Official Conduct
of the House of Representatives;
(2) ''dependent child'' means, when used with respect to any
reporting individual, any individual who is a son, daughter, stepson, or
stepdaughter and who --
(A) is unmarried and under age 21 and is living in the household of
such reporting individual; or
(B) is a dependent of such reporting individual within the meaning of
section 152 of the Internal Revenue Code of 1986 (26 U.S.C. 152);
(3) ''designated agency ethics official'' means an officer or
employee who is designated to administer the provisions of this title
within an agency;
(4) ''executive branch'' includes each Executive agency (as defined
in section 105 of title 5, United States Code), other than the General
Accounting Office, and any other entity or administrative unit in the
executive branch;
(5) ''gift'' means a payment, advance, forbearance, rendering, or
deposit of money, or any thing of value, unless consideration of equal
or greater value is received by the donor, but does not include --
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function honoring the reporting
individual;
(C) food, lodging, transportation, and entertainment provided by a
foreign government within a foreign country or by the United States
Government, the District of Columbia, or a State or local government or
political subdivision thereof;
(D) food and beverages which are not consumed in connection with a
gift of overnight lodging;
(E) communications to the offices of a reporting individual,
including subscriptions to newspapers and periodicals; or
(F) consumable products provided by home-State businesses to the
offices of a reporting individual who is an elected official, if those
products are intended for consumption by persons other than such
reporting individual;
(6) ''honoraria'' has the meaning given such term in section 505 of
this Act;
(7) ''income'' means all income from whatever source derived,
including but not limited to the following items: compensation for
services, including fees, commissions, and similar items; gross income
derived from business (and net income if the individual elects to
include it); gains derived from dealings in property; interest;
rents; royalties; dividends; annuities; income from life insurance
and endowment contracts; pensions; income from discharge of
indebtedness; distributive share of partnership income; and income
from an interest in an estate or trust;
(8) ''judicial employee'' means any employee of the judicial branch
of the Government, of the United States Sentencing Commission, of the
Tax Court, of the Claims Court, of the Court of Veterans Appeals, or of
the United States Court of Military Appeals, who is not a judicial
officer and who is authorized to perform adjudicatory functions with
respect to proceedings in the judicial branch, or who is paid at a rate
of basic pay equal to or greater than the minimum rate of basic pay in
effect for grade GS-16 of the General Schedule;
(9) ''Judicial Conference'' means the Judicial Conference of the
United States;
(10) ''judicial officer'' means the Chief Justice of the United
States, the Associate Justices of the Supreme Court, and the judges of
the United States courts of appeals, United States district courts,
including the district courts in Guam, the Northern Mariana Islands, and
the Virgin Islands, Court of Appeals for the Federal Circuit, Court of
International Trade, Tax Court, Claims Court, Court of Veterans Appeals,
United States Court of Military Appeals, and any court created by Act of
Congress, the judges of which are entitled to hold office during good
behavior;
(11) ''legislative branch'' includes --
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the General Accounting Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment; and
(I) any other agency, entity, office, or commission established in
the legislative branch;
(12) ''Member of Congress'' means a United States Senator, a
Representative in Congress, a Delegate to Congress, or the Resident
Commissioner from Puerto Rico;
(13) ''officer or employee of the Congress'' means --
(A) any individual described under subparagraph (B), other than a
Member of Congress or the Vice President, whose compensation is
disbursed by the Secretary of the Senate or the Clerk of the House of
Representatives;
(B)(i) each officer or employee of the legislative branch who is
compensated for at least 60 days at a rate of basic pay equal to or
greater than the annual rate of basic pay in effect for grade GS-16 of
the General Schedule; and
(ii) at least one principal assistant designated for purposes of this
paragraph by each Member who does not have an employee compensated at a
rate equal to or in excess of the annual rate of basic pay in effect for
grade GS-16 of the General Schedule;
(14) ''personal hospitality of any individual'' means hospitality
extended for a nonbusiness purpose by an individual, not a corporation
or organization, at the personal residence of that individual or his
family or on property or facilities owned by that individual or his
family;
(15) ''reimbursement'' means any payment or other thing of value
received by the reporting individual, other than gifts, to cover
travel-related expenses of such individual other than those which are --
(A) provided by the United States Government, the District of
Columbia, or a State or local government or political subdivision
thereof;
(B) required to be reported by the reporting individual under section
7342 of title 5, United States Code; or
(C) required to be reported under section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434);
(16) ''relative'' means an individual who is related to the reporting
individual, as father, mother, son, daughter, brother, sister, uncle,
aunt, great aunt, great uncle, first cousin, nephew, niece, husband,
wife, grandfather, grandmother, grandson, granddaughter, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, or who is the
grandfather or grandmother of the spouse of the reporting individual,
and shall be deemed to include the fiance or fiancee of the reporting
individual;
(17) ''Secretary concerned'' has the meaning set forth in section
101(8) of title 10, United States Code, and, in addition, means --
(A) the Secretary of Commerce, with respect to matters concerning the
National Oceanic and Atmospheric Administration;
(B) the Secretary of Health and Human Services, with respect to
matters concerning the Public Health Service; and
(C) the Secretary of State, with respect to matters concerning the
Foreign Service;
(18) ''supervising ethics office'' means --
(A) the Select Committee on Ethics of the Senate, for Senators,
officers and employees of the Senate, and other officers or employees of
the legislative branch required to file financial disclosure reports
with the Secretary of the Senate pursuant to section 103(h) of this
title;
(B) the Committee on Standards of Official Conduct of the House of
Representatives, for Members, officers and employees of the House of
Representatives and other officers or employees of the legislative
branch required to file financial disclosure reports with the Clerk of
the House of Representatives pursuant to section 103(h) of this title;
(C) the Judicial Conference for judicial officers and judicial
employees; and
(D) the Office of Government Ethics for all executive branch officers
and employees; and
(19) ''value'' means a good faith estimate of the dollar value if the
exact value is neither known nor easily obtainable by the reporting
individual.
(Pub. L. 95-521, title I, 109, Oct. 26, 1978, 92 Stat. 1836; Pub.
L. 101-194, title II, 202, Nov. 30, 1989, 103 Stat. 1741; Pub. L.
101-280, 3(1), (8), May 4, 1990, 104 Stat. 152, 155.)
The General Schedule, referred to in pars. (8) and (13)(B), is set
out under section 5332 of this title.
Section was formerly classified to section 709 of Title 2, The
Congress.
1990 -- Par. (1). Pub. L. 101-280, 3(8)(A), substituted ''Select
Committee on Ethics of the Senate'' for ''Senate Select Committee on
Ethics''.
Par. (4). Pub. L. 101-280, 3(8)(B), inserted '', other than the
General Accounting Office,'' after ''Code)''.
Par. (5)(C). Pub. L. 101-280, 3(8)(C)(i), inserted '', the District
of Columbia, or a State or local government or political subdivision
thereof'' after ''United States Government''.
Par. (5)(D). Pub. L. 101-280, 3(8)(C)(ii), amended subpar. (D)
generally. Prior to amendment, subpar. (D) read as follows: ''food
and beverages consumed at banquets, receptions, or similar events;
or''.
Par. (5)(E). Pub. L. 101-280, 3(8)(C)(iii), substituted
''individual,'' for ''individual'' and inserted ''or'' after semicolon
at end.
Par. (5)(F). Pub. L. 101-280, 3(8)(C)(iv), added subpar. (F).
Par. (8). Pub. L. 101-280, 3(8)(D), substituted ''United States
Sentencing Commission, of the Tax Court, of the Claims Court,'' for
''Tax Court,'' and ''who is paid at a rate of basic pay equal to or
greater than the minimum rate of basic pay in effect for grade GS-16 of
the General Schedule'' for ''who receives compensation at a rate at or
in excess of the minimum rate prescribed for grade 16 of the General
Schedule under section 5332 of title 5, United States Code;''.
Par. (10). Pub. L. 101-280, 3(8)(E), substituted ''Guam, the Northern
Mariana Islands,'' for ''the Canal Zone, Guam,'' struck out ''Court of
Claims,'' after ''Virgin Islands,'' and inserted ''Claims Court, Court
of Veterans Appeals,'' after ''Tax Court,''.
Par. (13)(B)(i). Pub. L. 101-280, 3(8)(F), substituted ''at least
60'' for ''60 consecutive'' and ''of basic pay equal to or greater
than'' for ''equal to or in excess of''.
Par. (15)(A). Pub. L. 101-280, 3(8)(G), inserted '', the District of
Columbia, or a State or local government or political subdivision
thereof'' after ''Government''.
Par. (17)(C). Pub. L. 101-280, 3(8)(H), added subpar. (C).
Par. (18)(A). Pub. L. 101-280, 3(8)(I)(i), substituted ''the
Secretary of the Senate'' for ''such committee''.
Par. (18)(B). Pub. L. 101-280, 3(8)(I)(ii), substituted ''the Clerk
of the House of Representatives'' for ''such committee''.
Par. (18)(C). Pub. L. 101-280, 3(1), struck out ''of the United
States'' after ''Judicial Conference''.
Par. (18)(D). Pub. L. 101-280, 3(8)(I)(iii), inserted ''officers
and'' after ''branch''.
1989 -- Pub. L. 101-194 amended section generally, substituting
provision setting forth definitions for purposes of title I of Pub. L.
95-521 for provisions relating to a study by the Comptroller General.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
204 of Pub. L. 101-194, set out as a note under section 101 of this
Appendix.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of this title, see
section 529 (title I, 101(c)(1)) of Pub. L. 101-509, set out in a note
under section 5376 of this title.
423.
05 USC 110. Notice of actions taken to comply with ethics agreements
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) In any case in which an individual agrees with that individual's
designated agency ethics official, the Office of Government Ethics, a
Senate confirmation committee, a congressional ethics committee, or the
Judicial Conference, to take any action to comply with this Act or any
other law or regulation governing conflicts of interest of, or
establishing standards of conduct applicable with respect to, officers
or employees of the Government, that individual shall notify in writing
the designated agency ethics official, the Office of Government Ethics,
the appropriate committee of the Senate, the congressional ethics
committee, or the Judicial Conference, as the case may be, of any action
taken by the individual pursuant to that agreement. Such notification
shall be made not later than the date specified in the agreement by
which action by the individual must be taken, or not later than three
months after the date of the agreement, if no date for action is so
specified.
(b) If an agreement described in subsection (a) requires that the
individual recuse himself or herself from particular categories of
agency or other official action, the individual shall reduce to writing
those subjects regarding which the recusal agreement will apply and the
process by which it will be determined whether the individual must
recuse himself or herself in a specific instance. An individual shall
be considered to have complied with the requirements of subsection (a)
with respect to such recusal agreement if such individual files a copy
of the document setting forth the information described in the preceding
sentence with such individual's designated agency ethics official or the
appropriate supervising ethics office within the time prescribed in the
last sentence of subsection (a).
(Pub. L. 95-521, title I, 110, as added Pub. L. 101-194, title II,
202, Nov. 30, 1989, 103 Stat. 1744, and amended Pub. L. 101-280, 3( 1),
May 4, 1990, 104 Stat. 152.)
This Act, referred to in subsec. (a), is Pub. L. 95-521, Oct. 26,
1978, 92 Stat. 1824, as amended, known as the Ethics in Government Act
of 1978. For complete classification of this Act to the Code, see Short
Title note set out under section 101 of this Appendix and Tables.
1990 -- Subsec. (a). Pub. L. 101-280 struck out ''of the United
States'' after ''Judicial Conference'' wherever appearing.
Section effective Jan. 1, 1991, see section 204 of Pub. L.
101-194, set out as an Effective Date of 1989 Amendment note under
section 101 of this Appendix.
05 USC 111. Administration of provisions
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
The provisions of this title shall be administered by --
(1) the Director of the Office of Government Ethics, the designated
agency ethics official, or the Secretary concerned, as appropriate, with
regard to officers and employees described in paragraphs (1) through (8)
of section 101(f);
(2) the Select Committee on Ethics of the Senate and the Committee on
Standards of Official Conduct of the House of Representatives, as
appropriate, with regard to officers and employees described in
paragraphs (9) and (10) of section 101(f); and
(3) the Judicial Conference in the case of an officer or employee
described in paragraphs (11) and (12) of section 101(f).
The Judicial Conference may delegate any authority it has under this
title to an ethics committee established by the Judicial Conference.
(Pub. L. 95-521, title I, 111, as added Pub. L. 101-194, title II,
202, Nov. 30, 1989, 103 Stat. 1744, and amended Pub. L. 101-280, 3( 1),
(9), May 4, 1990, 104 Stat. 152, 157.)
1990 -- Pub. L. 101-280, 3(9)(C), inserted sentence at end
authorizing Judicial Conference to delegate its authority to an ethics
committee.
Par. (2). Pub. L. 101-280, 3(9)(A), substituted ''Select Committee on
Ethics of the Senate'' for ''Senate Select Committee on Ethics''.
Par. (3). Pub. L. 101-280, 3(9)(B), struck out ''and clerk of the
applicable court, as appropriate,'' before ''in the case of''.
Pub. L. 101-280, 3(1), struck out ''of the United States'' after
''Judicial Conference''.
Section effective Jan. 1, 1991, see section 204 of Pub. L.
101-194, set out as an Effective Date of 1989 Amendment note under
section 101 of this Appendix.
Section 902 of Pub. L. 101-194 provided that:
''(a) The Select Committee on Ethics shall transmit a copy of each
report filed with it under title I of the Ethics in Government Act of
1978 (sections 101 to 112 of Pub. L. 95-521, set out in this Appendix)
(other than a report filed by a Member of Congress) to the head of the
employing office of the individual filing the report.
''(b) For purposes of this section, the head of the employing office
shall be --
''(A) in the case of an employee of a Member, the Member by whom that
person is employed;
''(B) in the case of an employee of a Committee, the chairman and
ranking minority member of such Committee;
''(C) in the case of an employee on the leadership staff, the Member
of the leadership on whose staff such person serves; and
''(D) in the case of any other employee of the legislative branch,
the head of the office in which such individual serves.''
05 USC ( 112. Repealed. Pub. L. 101-280, 3(10)(A), May 4, 1990, 104
Stat. 157)
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
Section, Pub. L. 95-521, title I, 112, as added Pub. L. 101-194,
title II, 202, Nov. 30, 1989, 103 Stat. 1744, provided that the
provisions made by title I of Pub. L. 95-521 take effect on Jan. 1,
1990, and be applicable to reports filed under such title after Jan. 1,
1991. See section 3(10)(C) of Pub. L. 101-280 and section 204 of Pub.
L. 101-194, set out as an Effective Date of 1989 Amendment note under
section 101 of this Appendix.
Repeal effective May 4, 1990, see section 11 of Pub. L. 101-280, set
out as an Effective Date of 1990 Amendment note under section 101 of
this Appendix.
05 USC (TITLE II -- REPEALED)
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(Sections 201 to 212 of Pub. L. 95-521, title II, Oct. 26, 1978, 92
Stat. 1836, as amended by Pub. L. 96-19, 2(a)(2), (c)(2), 3(a)(2), (b),
4(a), (d), (g), 5, 6, 7(a)-(c), (d)(2), (e), (f), 8(b), 9(c)(2), (d),
(f), (h)-(o), June 13, 1979, 93 Stat. 37-43; Pub. L. 98-150,
6-11, Nov. 11, 1983, 97 Stat. 960-962; Pub. L. 99-190, 148(b), Dec.
19, 1985, 99 Stat. 1325; Pub. L. 100-191, 3(b), Dec. 15, 1987, 101
Stat. 1306, which related to executive personnel financial disclosure
requirements, were repealed by Pub. L. 101-194, title II, 201, Nov. 30,
1989, 103 Stat. 1724.)
Repeal effective Jan. 1, 1991, see section 204 of Pub. L. 101-194,
set out as an Effective Date of 1989 Amendment note under section 101 of
this Appendix.
Provisions of title II of Pub. L. 95-521, as in effect prior to Nov.
30, 1989, effective until Jan. 1, 1991, as if Pub. L. 101-194 had not
been enacted, except that section 202(f)(4)(B) of Pub. L. 95-521
repealed effective Jan. 1, 1990, and nothing in title II of Pub. L.
101-194 to be construed to prevent prosecution of civil actions against
individuals for violations of title II of Pub. L. 95-521 before Jan.
1, 1991, see section 3(10)(C), (D) of Pub. L. 101-280, set out as an
Effective Date of 1989 Amendment note under section 101 of this
Appendix.
05 USC (TITLE III -- REPEALED)
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(Sections 301 to 309 of Pub. L. 95-521, title III, Oct. 26, 1978, 92
Stat. 1851, as amended by Pub. L. 96-19, 2(a)(3), (c)(3), 3(a)(3), (b),
4(c), 6, 7(a)-(c), (d)(2), (e), (f), 8(c), 9(c)(3), (d), (j), (p)-(r),
June 13, 1979, 93 Stat. 37-43; Pub. L. 96-417, title VI, 601(9), Oct.
10, 1980, 94 Stat. 1744; Pub. L. 96-579, 12(c), Dec. 23, 1980, 94 Stat.
3369; Pub. L. 97-164, title I, 163(a)(6), Apr. 2, 1982, 96 Stat. 49;
Pub. L. 98-150, 10, Nov. 11, 1983, 97 Stat. 962; Pub. L. 99-573, 6,
Oct. 28, 1986, 100 Stat. 3231; Pub. L. 101-237, title VI, 602(a)( 1),
Dec. 18, 1989, 103 Stat. 2094, which related to judicial personnel
financial disclosure requirements, were repealed by Pub. L. 101-194,
title II, 201, Nov. 30, 1989, 103 Stat. 1724.)
Repeal effective Jan. 1, 1991, see section 204 of Pub. L. 101-194,
set out as an Effective Date of 1989 Amendment note under section 101 of
this Appendix.
Provisions of title III of Pub. L. 95-521, as in effect prior to
Nov. 30, 1989, effective until Jan. 1, 1991, as if Pub. L. 101-194
had not been enacted, and nothing in title II of Pub. L. 101-194 to be
construed to prevent prosecution of civil actions against individuals
for violations of title III of Pub. L. 95-521 before Jan. 1, 1991, see
section 3(10)(C), (D) of Pub. L. 101-280, set out as an Effective Date
of 1989 Amendment note under section 101 of this Appendix.
05 USC TITLE IV -- OFFICE OF GOVERNMENT ETHICS
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
05 USC 401. Establishment in Office of Personnel Management;
appointment of Director
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) There is established an executive agency to be known as the
Office of Government Ethics.
(b) There shall be at the head of the Office of Government Ethics a
Director (hereinafter referred to as the ''Director''), who shall be
appointed by the President, by and with the advice and consent of the
Senate. Effective with respect to any individual appointed or
reappointed by the President as Director on or after October 1, 1983,
the term of service of the Director shall be five years.
(c) The Director may --
(1) appoint officers and employees, including attorneys, in
accordance with chapter 51 and subchapter III of chapter 53 of title 5,
United States Code; and
(2) contract for financial and administrative services (including
those related to budget and accounting, financial reporting, personnel,
and procurement) with the General Services Administration, or such other
Federal agency as the Director determines appropriate, for which payment
shall be made in advance, or by reimbursement, from funds of the Office
of Government Ethics in such amounts as may be agreed upon by the
Director and the head of the agency providing such services.
Contract authority under paragraph (2) shall be effective for any
fiscal year only to the extent that appropriations are available for
that purpose.
(Pub. L. 95-521, title IV, 401, Oct. 26, 1978, 92 Stat. 1862; Pub.
L. 98-150, 2, Nov. 11, 1983, 97 Stat. 959; Pub. L. 100-598, 3, Nov. 3,
1988, 102 Stat. 3031.)
1988 -- Subsec. (a). Pub. L. 100-598, 3(a), substituted ''an
executive agency to be known as'' for ''in the Office of Personnel
Management an office to be known as''.
Subsec. (c). Pub. L. 100-598, 3(b), added subsec. (c).
1983 -- Subsec. (b). Pub. L. 98-150 inserted provision that,
effective with respect to any individual appointed or reappointed by the
President as Director on or after Oct. 1, 1983, the term of service of
the Director shall be five years.
Section 10 of Pub. L. 100-598 provided that:
''(a) In General. -- Except as provided in subsection (b), the
amendments made by this Act (enacting section 408 of Pub. L. 95-521, set
out in this Appendix, and amending sections 401 to 403, 405, and 407 of
Pub. L. 95-521, set out in this Appendix, and sections 5314 and 5316 of
this title) shall take effect on the date of the enactment of this Act
(Nov. 3, 1988).
''(b) Exception. -- The amendments made by section 3 (amending
section 401 of Pub. L. 95-521, set out in this Appendix) shall take
effect on October 1, 1989.''
Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section 13
of Pub. L. 98-150 set out as a note under section 102 of this Appendix.
05 USC 402. Authority and functions
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) The Director shall provide, in consultation with the Office of
Personnel Management, overall direction of executive branch policies
related to preventing conflicts of interest on the part of officers and
employees of any executive agency, as defined in section 105 of title 5,
United States Code.
(b) The responsibilities of the Director shall include --
(1) developing, in consultation with the Attorney General and the
Office of Personnel Management, rules and regulations to be promulgated
by the President or the Director pertaining to conflicts of interest and
ethics in the executive branch, including rules and regulations
establishing procedures for the filing, review, and public availability
of financial statements filed by officers and employees in the executive
branch as required by title II of this Act;
(2) developing, in consultation with the Attorney General and the
Office of Personnel Management, rules and regulations to be promulgated
by the President or the Director pertaining to the identification and
resolution of conflicts of interest;
(3) monitoring and investigating compliance with the public financial
disclosure requirements of title II of this Act by officers and
employees of the executive branch and executive agency officials
responsible for receiving, reviewing, and making available financial
statements filed pursuant to such title;
(4) conducting a review of financial statements to determine whether
such statements reveal possible violations of applicable conflict of
interest laws or regulations and recommending appropriate action to
correct any conflict of interest or ethical problems revealed by such
review;
(5) monitoring and investigating individual and agency compliance
with any additional financial reporting and internal review requirements
established by law for the executive branch;
(6) interpreting rules and regulations issued by the President or the
Director governing conflict of interest and ethical problems and the
filing of financial statements;
(7) consulting, when requested, with agency ethics counselors and
other responsible officials regarding the resolution of conflict of
interest problems in individual cases;
(8) establishing a formal advisory opinion service whereby advisory
opinions are rendered on matters of general applicability or on
important matters of first impression after, to the extent practicable,
providing interested parties with an opportunity to transmit written
comments with respect to the request for such advisory opinion, and
whereby such advisory opinions are compiled, published, and made
available to agency ethics counselors and the public;
(9) ordering corrective action on the part of agencies and employees
which the Director deems necessary;
(10) requiring such reports from executive agencies as the Director
deems necessary;
(11) assisting the Attorney General in evaluating the effectiveness
of the conflict of interest laws and in recommending appropriate
amendments;
(12) evaluating, with the assistance of the Attorney General and the
Office of Personnel Management, the need for changes in rules and
regulations issued by the Director and the agencies regarding conflict
of interest and ethical problems, with a view toward making such rules
and regulations consistent with and an effective supplement to the
conflict of interest laws;
(13) cooperating with the Attorney General in developing an effective
system for reporting allegations of violations of the conflict of
interest laws to the Attorney General, as required by section 535 of
title 28, United States Code;
(14) providing information on and promoting understanding of ethical
standards in executive agencies; and
(15) developing, in consultation with the Office of Personnel
Management, and promulgating such rules and regulations as the Director
determines necessary or desirable with respect to the evaluation of any
item required to be reported by title II of this Act.
(c) In the development of policies, rules, regulations, procedures,
and forms to be recommended, authorized, or prescribed by him, the
Director shall consult when appropriate with the executive agencies
affected and with the Attorney General.
(d)(1) The Director shall, by the exercise of any authority otherwise
available to the Director under this title, ensure that each executive
agency has established written procedures relating to how the agency is
to collect, review, evaluate, and, if applicable, make publicly
available, financial disclosure statements filed by any of its officers
or employees.
(2) In carrying out paragraph (1), the Director shall ensure that
each agency's procedures are in conformance with all applicable
requirements, whether established by law, rule, regulation, or Executive
order.
(e) In carrying out subsection (b)(10), the Director shall prescribe
regulations under which --
(1) each executive agency shall be required to submit to the Office
an annual report containing --
(A) a description and evaluation of the agency's ethics program,
including any educational, counseling, or other services provided to
officers and employees, in effect during the period covered by the
report; and
(B) the position title and duties of --
(i) each official who was designated by the agency head to have
primary responsibility for the administration, coordination, and
management of the agency's ethics program during any portion of the
period covered by the report; and
(ii) each officer or employee who was designated to serve as an
alternate to the official having primary responsibility during any
portion of such period; and
(C) any other information that the Director may require in order to
carry out the responsibilities of the Director under this title; and
(2) each executive agency shall be required to inform the Director
upon referral of any alleged violation of Federal conflict of interest
law to the Attorney General pursuant to section 535 of title 28, United
States Code, except that nothing under this paragraph shall require any
notification or disclosure which would otherwise be prohibited by law.
(f)(1) In carrying out subsection (b)(9) with respect to executive
agencies, the Director --
(A) may --
(i) order specific corrective action on the part of an agency based
on the failure of such agency to establish a system for the collection,
filing, review, and, when applicable, public inspection of financial
disclosure statements, in accordance with applicable requirements, or to
modify an existing system in order to meet applicable requirements; or
(ii) order specific corrective action involving the establishment or
modification of an agency ethics program (other than with respect to any
matter under clause (i)) in accordance with applicable requirements;
and
(B) shall, if an agency has not complied with an order under
subparagraph (A) within a reasonable period of time, notify the
President and the Congress of the agency's noncompliance in writing
(including, with the notification, any written comments which the agency
may provide).
(2)(A) In carrying out subsection (b)(9) with respect to individual
officers and employees --
(i) the Director may make such recommendations and provide such
advice to such officers and employees as the Director considers
necessary to ensure compliance with rules, regulations, and Executive
orders relating to conflicts of interest or standards of conduct;
(ii) if the Director has reason to believe that an officer or
employee is violating, or has violated, any rule, regulation, or
Executive order relating to conflicts of interest or standards of
conduct, the Director --
(I) may recommend to the head of the officer's or employee's agency
that such agency head investigate the possible violation and, if the
agency head finds such a violation, that such agency head take any
appropriate disciplinary action (such as reprimand, suspension,
demotion, or dismissal) against the officer or employee, except that, if
the officer or employee involved is the agency head, any such
recommendation shall instead be submitted to the President; and
(II) shall notify the President in writing if the Director determines
that the head of an agency has not conducted an investigation pursuant
to subclause (I) within a reasonable time after the Director recommends
such action;
(iii) if the Director finds that an officer or employee is violating
any rule, regulation, or Executive order relating to conflicts of
interest or standards of conduct, the Director --
(I) may order the officer or employee to take specific action (such
as divestiture, recusal, or the establishment of a blind trust) to end
such violation; and
(II) shall, if the officer or employee has not complied with the
order under subclause (I) within a reasonable period of time, notify, in
writing, the head of the officer's or employee's agency of the officer's
or employee's noncompliance, except that, if the officer or employee
involved is the agency head, the notification shall instead be submitted
to the President; and
(iv) if the Director finds that an officer or employee is violating,
or has violated, any rule, regulation, or Executive order relating to
conflicts of interest or standards of conduct, the Director --
(I) may recommend to the head of the officer's or employee's agency
that appropriate disciplinary action (such as reprimand, suspension,
demotion, or dismissal) be brought against the officer or employee,
except that if the officer or employee involved is the agency head, any
such recommendations shall instead be submitted to the President; and
(II) may notify the President in writing if the Director determines
that the head of an agency has not taken appropriate disciplinary action
within a reasonable period of time after the Director recommends such
action.
(B)(i) In order to carry out the Director's duties and
responsibilities under subparagraph (A)(iii) or (iv) with respect to
individual officers and employees, the Director may conduct
investigations and make findings concerning possible violations of any
rule, regulation, or Executive order relating to conflicts of interest
or standards of conduct applicable to officers and employees of the
executive branch.
(ii)(I) Subject to clause (iv) of this subparagraph, before any
finding is made under subparagraphs (A)(iii) or (iv), the officer or
employee involved shall be afforded notification of the alleged
violation, and an opportunity to comment, either orally or in writing,
on the alleged violation.
(II) The Director shall, in accordance with section 553 of title 5,
United States Code, establish procedures for such notification and
comment.
(iii) Subject to clause (iv) of this subparagraph, before any action
is ordered under subparagraph (A)(iii), the officer or employee involved
shall be afforded an opportunity for a hearing, if requested by such
officer or employee, except that any such hearing shall be conducted on
the record.
(iv) The procedures described in clauses (ii) and (iii) of this
subparagraph do not apply to findings or orders for action made to
obtain compliance with the financial disclosure requirements in title 2
/1/ of this Act. For those findings and orders, the procedures in
section 206 of this Act shall apply.
(3) The Director shall send a copy of any order under paragraph (2)(
A)(iii) to --
(A) the officer or employee who is the subject of such order; and
(B) the head of officer's or employee's agency or, if such officer or
employee is the agency head, to the President.
(4) For purposes of paragraphs (2)(A)(ii), (iii), (iv), and (3)(B),
in the case of an officer or employee within an agency which is headed
by a board, committee, or other group of individuals (rather than by a
single individual), any notification, recommendation, or other matter
which would otherwise be sent to an agency head shall instead be sent to
the officer's or employee's appointing authority.
(5) Nothing in this title shall be considered to allow the Director
(or any designee) to make any finding that a provision of title 18,
United States Code, or any criminal law of the United States outside of
such title, has been or is being violated.
(6) Notwithstanding any other provision of law, no record developed
pursuant to the authority of this section concerning an investigation of
an individual for a violation of any rule, regulation, or Executive
order relating to a conflict of interest shall be made available
pursuant to section 552(a)(3) of title 5, United States Code, unless the
request for such information identifies the individual to whom such
records relate and the subject matter of any alleged violation to which
such records relate, except that nothing in this subsection shall affect
the application of the provisions of section 552(b) of title 5, United
States Code, to any record so identified.
(Pub. L. 95-521, title IV, 402, Oct. 26, 1978, 92 Stat. 1862; Pub.
L. 96-19, 9(e), (s), June 13, 1979, 93 Stat. 43, 44; Pub. L. 98-150,
3(a), (b), Nov. 11, 1983, 97 Stat. 959; Pub. L. 100-598, 5-7, Nov. 3,
1988, 102 Stat. 3032, 3033.)
Title II of this Act, referred to in subsec. (b)(1), (3), and (15),
and title 2 of this Act, referred to in subsec. (f)(2)(B)(iv), is title
II of Pub. L. 95-521, which was set out in this Appendix prior to
repeal by Pub. L. 101-194, title II, 201, Nov. 30, 1989, 103 Stat.
1724.
Section 206 of this Act, referred to in subsec. (f)(2)(B)(iv), is
section 206 of Pub. L. 95-521, which was set out in this Appendix prior
to repeal by Pub. L. 101-194, title II, 201, Nov. 30, 1989, 103 Stat.
1724.
1988 -- Subsecs. (d) to (f). Pub. L. 100-598 added subsecs. (d) to
(f).
1983 -- Subsec. (a). Pub. L. 98-150, 3(a), substituted ''in
consultation with'' for ''under the general supervision of''.
Subsec. (b)(1). Pub. L. 98-150, 3(b)(1), struck out ''and
recommending to the Office of Personnel Management'' after ''(1)
developing'', inserted ''and the Office of Personnel Management'' after
''Attorney General'', and substituted ''President or the Director'' for
''President or the Office of Personnel Management''.
Subsec. (b)(2). Pub. L. 98-150, 3(b)(2), struck out ''and
recommending to the Office of Personnel Management'' after ''(2)
developing'', inserted ''and the Office of Personnel Management'' after
''Attorney General'', and substituted ''President or the Director'' for
''President or the Office of Personnel Management''.
Subsec. (b)(6). Pub. L. 98-150, 3(b)(3), substituted ''Director'' for
''Office of Personnel Management''.
Subsec. (b)(12). Pub. L. 98-150, 3(b)(4), inserted ''and the Office
of Personnel Management'' after ''Attorney General'', and substituted
''Director'' for ''Office of Personnel Management''.
Subsec. (b)(15). Pub. L. 98-150, 3(b)(5), substituted '', in
consultation with the Office of Personnel Management, and promulgating''
for ''and recommending for promulgation by the Office of Personnel
Management''.
1979 -- Subsec. (b)(1). Pub. L. 96-19, 9(s), substituted
''consultation'' for ''consulation'' and struck out a comma after
''rules and regulations'' and ''President''.
Subsec. (b)(15). Pub. L. 96-19, 9(e)(2), added par. (15).
Subsec. (d). Pub. L. 96-19, 9(e)(1), repealed subsec. (d) which
required the promulgation of a regulation establishing a method of
readily determining, without expert appraisal, the fair market value of
assets required to be disclosed.
Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section 13
of Pub. L. 98-150 set out as a note under section 102 of this Appendix.
Section 3(d) of Pub. L. 98-150 provided that:
''(1) Any rules or regulations issued under section 402 of the Ethics
in Government Act of 1978 (this section) which are in effect immediately
before the effective date of the amendments made by this Act (Oct. 1,
1983) shall remain in effect according to their terms until modified,
superseded, set aside, or revoked on or after such effective date.
''(2) The responsibilities of the Director of the Office of
Government Ethics under paragraphs (6) and (12), respectively, of
section 402(b) of the Ethics in Government Act of 1978 (this section),
with respect to rules and regulations issued by the Office of Personnel
Management before the effective date of the amendments made by this Act
(Oct. 1, 1983) shall not be affected by this Act or any of the
amendments made by this Act (see Effective Date of 1983 Amendment note
set out under section 102 of this Appendix).''
/1/ So in original. Probably should be title ''II''.
05 USC 403. Administrative provisions
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
Upon the request of the Director, each executive agency is directed
to --
(1) make its services, personnel, and facilities available to the
Director to the greatest practicable extent for the performance of
functions under this Act; and
(2) except when prohibited by law, furnish to the Director all
information and records in its possession which the Director may
determine to be necessary for the performance of his duties.
The authority of the Director under this section includes the
authority to request assistance from the inspector general of an agency
in conducting investigations pursuant to the Office of Government Ethics
responsibilities under this Act. The head of any agency may detail such
personnel and furnish such services, with or without reimbursement, as
the Director may request to carry out the provisions of this Act /1/
(Pub. L. 95-521, title IV, 403, Oct. 26, 1978, 92 Stat. 1863; Pub.
L. 98-150, 5, Nov. 11, 1983, 97 Stat. 960; Pub. L. 100-598, 9, Nov. 3,
1988, 102 Stat. 3035.)
This Act, referred to in text, is Pub. L. 95-521, Oct. 26, 1978, 92
Stat. 1824, as amended, known as the Ethics in Government Act of 1978.
For complete classification of this Act to the Code, see Short Title
note set out under section 101 of this Appendix and Tables.
1988 -- Pub. L. 100-598 substituted ''pursuant to the Office of
Government Ethics responsibilities under this Act. The head of any
agency may detail such personnel and furnish such services, with or
without reimbursement, as the Director may request to carry out the
provisions of this Act'' for ''pursuant to subsections (b)(3) and (b)(
4) of section 402.'' in closing provisions.
1983 -- Pub. L. 98-150 inserted provision that the authority of the
Director under this section includes the authority to request assistance
from the inspector general of an agency in conducting the investigations
pursuant to subsections (b)(3) and (b)(4) of section 402.
Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section 13
of Pub. L. 98-150 set out as a note under section 102 of this Appendix.
/1/ So in original. Probably should be followed by a period.
05 USC 404. Rules and regulations
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
In promulgating rules and regulations pertaining to financial
disclosure, conflict of interest, and ethics in the executive branch,
the Director shall issue rules and regulations in accordance with
chapter 5 of title 5, United States Code. Any person may seek judicial
review of any such rule or regulation.
(Pub. L. 95-521, title IV, 404, Oct. 26, 1978, 92 Stat. 1863; Pub.
L. 98-150, 3(c), Nov. 11, 1983, 97 Stat. 960.)
1983 -- Pub. L. 98-150 substituted ''Director'' for ''Office of
Personnel Management''.
Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section 13
of Pub. L. 98-150 set out as a note under section 102 of this Appendix.
05 USC 405. Authorization of appropriations
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
There are authorized to be appropriated to carry out the provisions
of this title and for no other purpose --
(1) not to exceed $2,500,000 for the fiscal year ending September 30,
1989; and
(2) not to exceed $5,000,000 for each of the 5 fiscal years
thereafter.
(Pub. L. 95-521, title IV, 405, Oct. 26, 1978, 92 Stat. 1863; Pub.
L. 98-150, 12, Nov. 11, 1983, 97 Stat. 963; Pub. L. 100-598, 2, Nov.
3, 1988, 102 Stat. 3031; Pub. L. 101-334, 2, July 16, 1990, 104 Stat.
318.)
1990 -- Par. (2). Pub. L. 101-334 substituted ''$5,000,000'' for
''$3,500,000''.
1988 -- Pub. L. 100-598 amended section generally. Prior to
amendment, section read as follows: ''There are authorized to be
appropriated to carry out the provisions of this title, and for no other
purpose --
''(1) not to exceed $2,000,000 for the fiscal year ending September
30, 1979; and
''(2) not to exceed $2,000,000 for each of the nine fiscal years
thereafter.''
1983 -- Par. (2). Pub. L. 98-150 substituted ''nine'' for ''four''.
Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section 13
of Pub. L. 98-150 set out as a note under section 102 of this Appendix.
05 USC 406. Annual pay
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(Section amended section 5316 of Title 5, Government Organization and
Employees.)
05 USC 407. Annual pay of Director
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(Section amended sections 5314 and 5316 of Title 5, Government
Organization and Employees.)
(Pub. L. 95-521, title IV, 407, as added Pub. L. 98-150, 4, Nov. 11,
1983, 97 Stat. 960, and amended Pub. L. 100-598, 8, Nov. 3, 1988, 102
Stat. 3035.)
1988 -- Pub. L. 100-598 substituted ''Annual pay of Director'' for
''Submission of budget'' in section catchline and amended text
generally. Prior to amendment, text read as follows:
''(a) In the budget submitted to the Congress pursuant to section
1105(a) of title 31, United States Code, the President shall include
estimated expenditures and proposed appropriations the President decides
are necessary to support the Office of Government Ethics in the fiscal
year for which the budget is submitted and the four fiscal years after
that year.
''(b) In the statement of changes submitted to Congress with respect
to the budget pursuant to section 1106(b) of title 31, United States
Code, the President shall specify the effect of such changes on the
information submitted pursuant to subsection (a) of this section.''
Section effective Oct. 1, 1983, see section 13 of Pub. L. 98-150
set out as an Effective Date of 1983 Amendment note under section 102 of
this Appendix.
05 USC 408. Reports to Congress
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
The Director shall, no later than March 31 of each year in which the
second session of a Congress begins, submit to the Congress a report
containing --
(1) a summary of the actions taken by the Director during a 2-year
period ending on December 31 of the preceding year in order to carry out
the Director's functions and responsibilities under this title; and
(2) such other information as the Director may consider appropriate.
(Pub. L. 95-521, title IV, 408, as added Pub. L. 100-598, 4, Nov. 3,
1988, 102 Stat. 3031.)
05 USC TITLE V -- GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME
AND EMPLOYMENT
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
05 USC 501. Outside earned income limitation
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) Outside Earned Income Limitation. --
(1) Except as provided by paragraph (2), a Member or an officer or
employee who is a noncareer officer or employee and whose rate of basic
pay is equal to or greater than the annual rate of basic pay in effect
for grade GS-16 of the General Schedule under section 5332 of title 5,
United States Code, may not in any calendar year have outside earned
income attributable to such calendar year which exceeds 15 percent of
the annual rate of basic pay for level II of the Executive Schedule
under section 5313 of title 5, United States Code, as of January 1 of
such calendar year.
(2) In the case of any individual who becomes a Member or an officer
or employee who is a noncareer officer or employee and whose rate of
basic pay is equal to or greater than the annual rate of basic pay in
effect for grade GS-16 of the General Schedule during a calendar year,
such individual may not have outside earned income attributable to the
portion of that calendar year which occurs after such individual becomes
a Member or such an officer or employee which exceeds 15 percent of the
annual rate of basic pay for level II of the Executive Schedule under
section 5313 of title 5, United States Code, as of January 1 of such
calendar year multiplied by a fraction the numerator of which is the
number of days such individual is a Member or such officer or employee
during such calendar year and the denominator of which is 365.
(b) Honoraria Prohibition. -- An individual may not receive any
honorarium while that individual is a Member, officer or employee.
(c) Treatment of Charitable Contributions. -- Any honorarium which,
except for subsection (b), might be paid to a Member, officer or
employee, but which is paid instead on behalf of such Member, officer or
employee to a charitable organization, shall be deemed not to be
received by such Member, officer or employee. No such payment shall
exceed $2,000 or be made to a charitable organization from which such
individual or a parent, sibling, spouse, child, or dependent relative of
such individual derives any financial benefit.
(Pub. L. 95-521, title V, 501, as added Pub. L. 101-194, title VI,
601(a), Nov. 30, 1989, 103 Stat. 1760, and amended Pub. L. 101-280, 7(
a), May 4, 1990, 104 Stat. 161.)
A prior section 501 of Pub. L. 95-521, title V, Oct. 26, 1978, 92
Stat. 1864, amended section 207 of Title 18, Crimes and Criminal
Procedure, and the analysis of chapter 11 of Title 18.
1990 -- Subsec. (a)(1). Pub. L. 101-280, 7(a)(1), substituted ''a
noncareer officer or employee'' for ''not a career civil servant''.
Subsec. (a)(2). Pub. L. 101-280, 7(a)(1), substituted ''a noncareer
officer or employee'' for ''not a career civil servant''.
Pub. L. 101-280, 7(a)(2), substituted ''Member or such an officer or
employee which'' for ''Member, officer or employee which'' and ''Member
or such officer or employee during'' for ''Member, officer or employee
during''.
Section effective Jan. 1, 1991, but shall cease to be effective if
the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318 note,
are subsequently repealed, see section 603 of Pub. L. 101-194, set out
as an Effective Date of 1989 Amendment note under section 7701 of Title
26, Internal Revenue Code.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of this title, see
section 529 (title I, 101(c)(1)) of Pub. L. 101-509, set out in a note
under section 5376 of this title.
05 USC 502. Limitations on outside employment
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) Limitations. -- A Member or an officer or employee who is a
noncareer officer or employee and whose rate of basic pay is equal to or
greater than the annual rate of basic pay in effect for grade GS-16 of
the General Schedule shall not --
(1) receive compensation for affiliating with or being employed by a
firm, partnership, association, corporation, or other entity which
provides professional services involving a fiduciary relationship;
(2) permit that Member's, officer's, or employee's name to be used by
any such firm, partnership, association, corporation, or other entity;
(3) receive compensation for practicing a profession which involves a
fiduciary relationship;
(4) serve for compensation as an officer or member of the board of
any association, corporation, or other entity; or
(5) receive compensation for teaching, without the prior notification
and approval of the appropriate entity referred to in section 503.
(b) Teaching Compensation of Justices and Judges Retired From Regular
Active Service. -- For purposes of the limitation under section 501(a),
any compensation for teaching approved under subsection (a)(5) of this
section shall not be treated as outside earned income --
(1) when received by a justice of the United States retired from
regular active service under section 371(b) of title 28, United States
Code;
(2) when received by a judge of the United States retired from
regular active service under section 371(b) of title 28, United States
Code, for teaching performed during any calendar year for which such
judge has met the requirements of subsection (f) of section 371 of title
28, United States Code, as certified in accordance with such subsection;
or
(3) when received by a justice or judge of the United States retired
from regular active service under section 372(a) of title 28, United
States Code.
(Pub. L. 95-521, title V, 502, as added Pub. L. 101-194, title VI,
601(a), Nov. 30, 1989, 103 Stat. 1761, and amended Pub. L. 101-280, 7(
a)(1), (b), May 4, 1990, 104 Stat. 161; Pub. L. 101-650, title III,
319, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-198, 6, Dec. 9, 1991,
105 Stat. 1624.)
The General Schedule, referred to in subsec. (a), is set out under
section 5332 of this title.
A prior section 502 of Pub. L. 95-521, title V, Oct. 26, 1978, 92
Stat. 1867, is set out as a note under section 207 of Title 18, Crimes
and Criminal Procedure.
1991 -- Subsec. (b). Pub. L. 102-198 substituted heading for one
which read ''Senior Judges Teaching Compensation'' and amended text
generally. Prior to amendment, text read as follows: ''Any
compensation for teaching received by a senior judge (as designated
under section 294(b) of title 28, United States Code) approved under
subsection (a)(5) of this section shall not be treated as outside earned
income for the purpose of the limitation under section 501(a).''
1990 -- Pub. L. 101-650 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
Pub. L. 101-280, 7(a)(1), in introductory provisions substituted ''a
noncareer officer or employee'' for ''not a career civil servant''.
Pub. L. 101-280, 7(b)(1), in par. (1) substituted ''receive
compensation for affiliating with or being'' for ''affiliate with or
be'' and ''which provides professional services involving'' for ''to
provide professional services which involves'', and struck out ''for
compensation'' after ''relationship''.
Pub. L. 101-280, 7(b)(2), in par. (3) substituted ''receive
compensation for practicing'' for ''practice'' and struck out ''for
compensation'' after ''relationship''.
Section effective Jan. 1, 1991, but shall cease to be effective if
the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318 note,
are subsequently repealed, see section 603 of Pub. L. 101-194, set out
as an Effective Date of 1989 Amendment note under section 7701 of Title
26, Internal Revenue Code.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of this title, see
section 529 (title I, 101(c)(1)) of Pub. L. 101-509, set out in a note
under section 5376 of this title.
05 USC 503. Administration
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
This title shall be subject to the rules and regulations of --
(1) and administered by --
(A) the Committee on Standards of Official Conduct of the House of
Representatives, with respect to Members, officers, and employees of the
House of Representatives; and
(B) in the case of Senators and legislative branch officers and
employees other than those officers and employees specified in
subparagraph (A), the committee to which reports filed by such officers
and employees under title I are transmitted under such title, except
that the authority of this section may be delegated by such committee
with respect to such officers and employees;
(2) the Office of Government Ethics and administered by designated
agency ethics officials with respect to officers and employees of the
executive branch; and
(3) and administered by the Judicial Conference of the United States
(or such other agency as it may designate) with respect to officers and
employees of the judicial branch.
(Pub. L. 95-521, title V, 503, as added Pub. L. 101-194, title VI,
601(a), Nov. 30, 1989, 103 Stat. 1761, and amended Pub. L. 101-280, 7(
c), May 4, 1990, 104 Stat. 161; Pub. L. 102-90, title I, 6(b)(1), Aug.
14, 1991, 105 Stat. 450.)
A prior section 503 of Pub. L. 95-521, title V, Oct. 26, 1978, 92
Stat. 1867, is set out as a note under section 207 of Title 18, Crimes
and Criminal Procedure.
1991 -- Par. (1)(B). Pub. L. 102-90 substituted ''Senators and
legislative branch officers and employees'' for ''legislative branch
officers and employees other than Senators, officers, and employees of
the Senate and''.
1990 -- Par. (1). Pub. L. 101-280 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''and administered by
the committee of the House of Representatives assigned responsibility
for administering the reporting requirements of title I with respect to
Members, officers and employees of the House of Representatives;''.
Section 6(f)(1) of Pub. L. 102-90 provided that: ''Except for the
provisions of subsection (e)(1) (105 Stat. 451), the provisions of this
section (amending this section and section 505 of Pub. L. 95-521, set
out in this Appendix, repealing sections 31-1 and 441i of Title 2, The
Congress, enacting provisions set out as a note under section 5318 of
this title, and repealing provisions set out as notes under sections 31
and 358 of Title 2) shall take effect on the date of the enactment of
this Act (Aug. 14, 1991).''
Section effective Jan. 1, 1991, but shall cease to be effective if
the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318 note,
are subsequently repealed, see section 603 of Pub. L. 101-194, set out
as an Effective Date of 1989 Amendment note under section 7701 of Title
26, Internal Revenue Code.
05 USC 504. Civil Penalties
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
(a) Civil Action. -- The Attorney General may bring a civil action in
any appropriate United States district court against any individual who
violates any provision of section 501 or 502. The court in which such
action is brought may assess against such individual a civil penalty of
not more than $10,000 or the amount of compensation, if any, which the
individual received for the prohibited conduct, whichever is greater.
(b) Advisory Opinions. -- Any entity described in section 503 may
render advisory opinions interpreting this title, in writing, to
individuals covered by this title. Any individual to whom such an
advisory opinion is rendered and any other individual covered by this
title who is involved in a fact situation which is indistinguishable in
all material aspects, and who, after the issuance of such advisory
opinion, acts in good faith in accordance with its provisions and
findings shall not, as a result of such actions, be subject to any
sanction under subsection (a).
(Pub. L. 95-521, title V, 504, as added Pub. L. 101-194, title VI,
601(a), Nov. 30, 1989, 103 Stat. 1761.)
Section effective Jan. 1, 1991, but shall cease to be effective if
the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318 note,
are subsequently repealed, see section 603 of Pub. L. 101-194, set out
as an Effective Date of 1989 Amendment note under section 7701 of Title
26, Internal Revenue Code.
05 USC 505. Definitions
TITLE 5, APPENDIX -- ETHICS IN GOVERNMENT ACT OF 1978
For purposes of this title:
(1) The term ''Member'' means a Senator in, a Representative in, or a
Delegate or Resident Commissioner to, the Congress.
(2) The term ''officer or employee'' means any officer or employee of
the Government except any special Government employee (as defined in
section 202 of title 18, United States Code).
(3) The term ''honorarium'' means a payment of money or any thing of
value for an appearance, speech or article (including a series of
appearances, speeches, or articles if the subject matter is directly
related to the individual's official duties or the payment is made
because of the individual's status with the Government) by a Member,
officer or employee, excluding any actual and necessary travel expenses
incurred by such individual (and one relative) to the extent that such
expenses are paid or reimbursed by any other person, and the amount
otherwise determined shall be reduced by the amount of any such expenses
to the extent that such expenses are not paid or reimbursed.
(4) The term ''travel expenses'' means, with respect to a Member,
officer or employee, or a relative of any such individual, the cost of
transportation, and the cost of lodging and meals while away from his or
her residence or principal place of employment.
(5) The term ''charitable organization'' means an organization
described in section 170(c) of the Internal Revenue Code of 1986 (26 U.
S.C. 170(c)).
(Pub. L. 95-521, title V, 505, as added Pub. L. 101-194, title VI,
601(a), Nov. 30, 1989, 103 Stat. 1761, and amended Pub. L. 102-90, title
I, 6(b)(2), (3), title III, 314(b), Aug. 14, 1991, 105 Stat. 450, 469.)
1991 -- Par. (1). Pub. L. 102-90, 6(b)(2), inserted ''a Senator
in,'' before ''a Representative''.
Par. (2). Pub. L. 102-90, 6(b)(3), struck out ''(A) any individual
(other than the Vice President) whose compensation is disbursed by the
Secretary of the Senate or (B)'' after ''except''.
Par. (3). Pub. L. 102-90, 314(b), inserted ''(including a series of
appearances, speeches, or articles if the subject matter is directly
related to the individual's official duties or the payment is made
because of the individual's status with the Government)'' before ''by a
Member''.
Amendment by section 314(b) of Pub. L. 102-90 effective Jan. 1,
1992, see section 314(g) of Pub. L. 102-90, set out as a note under
section 31-2 of Title 2, The Congress.
Section effective Jan. 1, 1991, but shall cease to be effective if
the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318 note,
are subsequently repealed, see section 603 of Pub. L. 101-194, set out
as an Effective Date of 1989 Amendment note under section 7701 of Title
26, Internal Revenue Code.
05 USC -- REORGANIZATION PLAN NO. I OF 1939
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO I OF 1939
05 USC REORGANIZATION PLANS
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO I OF 1939
corresponding prior provisions of law.
June 7, 1939, ch. 193, 53 Stat. 813, as amended
Sept. 13, 1982, Pub. L. 97-258, 5(b), 96 Stat.
1068, 1085
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, April 25, 1939, pursuant to
the provisions of the Reorganization Act of 1939, approved April 3,
1939.
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section transferred the Bureau of the Budget and its functions and
personnel from the Treasury Department to the Executive Office of the
President, and provided that the functions of the Bureau be administered
by the Director under the direction and supervision of the President.
See 31 U.S.C. 501 et seq.)
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section transferred the Central Statistical Board and its functions and
personnel to the Bureau of the Budget, and provided that the Chairman of
the Board perform such administrative duties as the Director of the
Bureau shall prescribe.)
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section abolished the Board and transferred its functions to the
Director of the Bureau of the Budget.)
(a) The functions of the National Resources Committee, established by
Executive Order No. 7065 of June 7, 1935, and its personnel (except the
members of the Committee) and all of the functions of the Federal
Employment Stabilization Office in the Department of Commerce and its
personnel are hereby transferred to the Executive Office of the
President. The functions transferred by this section are hereby
consolidated, and they shall be administered under the direction and
supervision of the President by the National Resources Planning Board
(hereafter referred to as the Board), which shall be composed of five
members to be appointed by the President. The President shall designate
one of the members of the Board as Chairman and another as Vice
Chairman. The Vice Chairman shall act as Chairman in the absence of the
Chairman or in the event of a vacancy in that office. The members of
the Board shall be compensated at the rate of $50 per day for time spent
in attending and traveling to and from meetings, or in otherwise
exercising the functions and duties of the Board, plus the actual cost
of transportation: Provided, That in no case shall a member be entitled
to receive compensation for more than thirty days' service in two
consecutive months. (Functions of Board were authorized to be carried
out until June 30, 1940, and provisions concerning composition of Board
were contained in Emergency Relief Appropriation Act of 1939.)
(b) 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.
(c) The Board may appoint necessary officers and employees and may
delegate to such officers authority to perform such duties and make such
expenditures as may be necessary. (Board abolished August 31, 1943, by
act June 26, 1943, ch. 145, title I, 1, 57 Stat. 170, and records and
files were transferred to the National Archives.)
The National Resources Committee is hereby abolished, and its
outstanding affairs shall be wound up by the National Resources Planning
Board.
The Federal Employment Stabilization Office is hereby abolished, and
the Secretary of Commerce shall promptly wind up its affairs.
All records and property (including office equipment) of the several
agencies transferred, or the functions of which are transferred, by this
part are hereby transferred to the Executive Office of the President for
use in the administration of the agencies and functions transferred by
this part.
So much of the unexpended balances of appropriations, allocations, or
other funds available (including those available for the fiscal year
ending June 30, 1940) for the use of any agency in the exercise of any
functions transferred by this part, or for the use of the head of any
department or agency in the exercise of any functions so transferred, as
the Director of the Bureau of the Budget shall determine, shall be
transferred to the Executive Office of the President for use in
connection with the exercise of functions transferred by this part. In
determining the amount to be transferred the Director of the Bureau of
the Budget may include an amount to provide for the liquidation of
obligations incurred against such appropriations, allocations, or other
funds prior to the transfer: Provided, That the use of the unexpended
balances of appropriations, allocations, or other funds transferred by
this section shall be subject to the provisions of section 4(d)(3) and
section 9 of the Reorganization Act of 1939.
Any personnel transferred by this part found to be in excess of the
personnel necessary for the efficient administration of the functions
transferred by this part shall be retransferred under existing law to
other positions in the Government service, or separated from the service
subject to the provisions of section 10(a) of the Reorganization Act of
1939.
(a) The United States Employment Service in the Department of Labor
and its functions and personnel are transferred from the Department of
Labor; the Office of Education in the Department of the Interior and
its functions and personnel (including the Commissioner of Education)
are transferred from the Department of the Interior; the Public Health
Service in the Department of the Treasury and its functions and
personnel (including the Surgeon General of the Public Health Service)
are transferred from the Department of the Treasury; the National Youth
Administration within the Works Progress Administration and its
functions and personnel (including its Administrator) are transferred
from the Works Progress Administration; and these agencies and their
functions, together with the Social Security Board and its functions,
and the Civilian Conservation Corps and its functions, are hereby
consolidated under one agency to be known as the Federal Security
Agency, with a Federal Security Administrator at the head thereof. The
Federal Security Administrator shall be appointed by the President, by
and with the advice and consent of the Senate, and shall receive a
salary at the rate of $12,000 per annum. He shall have general
direction and supervision over the administration of the several
agencies consolidated into the Federal Security Agency by this section
and shall be responsible for the coordination of their functions and
activities.
(b) The Federal Security Administrator shall appoint an Assistant
Federal Security Administrator, who shall receive a salary at the rate
of $9,000 per annum, and he may also appoint such other personnel and
make such expenditures as may be necessary.
(c) The Assistant Administrator shall act as Administrator during the
absence or disability of the Administrator or in the event of a vacancy
in that office and shall perform such other duties as the Administrator
shall direct.
(d) The several agencies and functions consolidated by this section
into the Federal Security Agency shall carry with them their personnel.
(Federal Security Agency abolished and functions transferred to
Department of Health, Education, and Welfare (Health and Human Services)
by Reorg. Plan No. 3 of 1953.)
The Social Security Board and its functions shall be administered as
a part of the Federal Security Agency under the direction and
supervision of the Federal Security Administrator. The Chairman of the
Social Security Board shall perform such administrative duties as the
Federal Security Administrator shall direct.
(a) The functions of the United States Employment Service shall be
consolidated with the unemployment compensation functions of the Social
Security Board and shall be administered in the Social Security Board in
connection with such unemployment compensation functions under the
direction and supervision of the Federal Security Administrator.
(b) The office of the Director of the United States Employment
Service is hereby abolished, and all of the functions of such office are
transferred to, and shall be exercised by, the Social Security Board.
(c) All functions of the Secretary of Labor relating to the
administration of the United States Employment Service are hereby
transferred to, and shall be exercised by, the Federal Security
Administrator.
(a) The Office of Education and its functions shall be administered
by the Commissioner of Education under the direction and supervision of
the Federal Security Administrator.
(b) All functions of the Secretary of the Interior relating to the
administration of the Office of Education are hereby transferred to, and
shall be exercised by, the Federal Security Administrator.
(a) The Public Health Service and its functions shall be administered
by the Surgeon General of the Public Health Service under the direction
and supervision of the Federal Security Administrator.
(b) All the functions of the Secretary of the Treasury relating to
the administration of the Public Health Service, except those functions
relating to the acceptance and investment of gifts as authorized by
sections 23(b) and 137(e), /1/ title 42, U.S. Code (see 42 U.S.C. 219,
286d), are hereby transferred to, and shall be exercised by, the Federal
Security Administrator.
The National Youth Administration and its functions shall be
administered by the National Youth Administrator under the direction and
supervision of the Federal Security Administrator. (National Youth
Administration was extended until June 30, 1940, by Emergency Relief
Appropriation Act of 1939, 2(d) and until June 30, 1941, by
Labor-Federal Security Appropriation Act, 1941, title II), (National
Youth Administration was transferred to War Manpower Commission by Ex.
Ord. No. 9247.)
(Liquidation of the National Youth Administration was provided for by
acts July 12, 1943, ch. 221, title VII, 57 Stat. 518; June 28, 1944,
ch. 302, title II, 58 Stat. 564, and disposal of its property was
covered by acts July 12, 1943, ch. 229, title I, 57 Stat. 540; Dec.
23, 1943, ch. 380, title I, 57 Stat. 615.)
The Civilian Conservation Corps and its functions shall be
administered by the Director of the Civilian Conservation Corps under
the direction and supervision of the Federal Security Administrator.
All records and property (including office equipment) of the several
agencies which, with their functions, are consolidated by section 201
into the Federal Security Agency are hereby transferred to the
jurisdiction and control of the Federal Security Agency for use in the
administration of the agencies and functions consolidated by that
section.
So much of the unexpended balances of appropriations, allocations, or
other funds (including those available for the fiscal year ending June
30, 1940) available for the use of any agency in the exercise of any
functions transferred by this part, or for the use of the head of any
department or agency in the exercise of any functions so transferred, as
the Director of the Bureau of the Budget shall determine, shall be
transferred for use in connection with the exercise of the functions
transferred by this part. In determining the amount to be transferred
the Director of the Bureau of the Budget may include an amount to
provide for the liquidation of obligations incurred against such
appropriations, allocations, or other funds prior to the transfer:
Provided, That the use of the unexpended balances of appropriations,
allocations, or other funds transferred by this section shall be subject
to the provisions of section 4(d)(3) and section 9 of the Reorganization
Act of 1939.
The Director of the Bureau of the Budget shall allocate to the
Federal Security Agency, from appropriations, allocations, or other
funds available (including those available for the fiscal year ending
June 30, 1940) for the administrative expenses of the agencies and
functions consolidated by this part, such sums, and in such proportions,
as he may find necessary for the administrative expenses of the Federal
Security Agency.
Any personnel transferred by this part found to be in excess of the
personnel necessary for the efficient administration of the functions
transferred by this part shall be retransferred under existing law to
other positions in the Government service, or separated from the service
subject to the provisions of section 10(a) of the Reorganization Act of
1939.
(a) The Bureau of Public Roads in the Department of Agriculture and
its functions and personnel (including the Chief thereof) are
transferred from the Department of Agriculture; the Public Buildings
Branch of the Procurement Division in the Treasury Department and its
functions and personnel are transferred from the Treasury Department;
the Branch of Buildings Management of the National Park Service in the
Department of the Interior and its functions and personnel (except those
relating to monuments and memorials), and the functions of the National
Park Service in the District of Columbia in connection with the general
assignment of space, the selection of sites for public buildings, and
the determination of the priority in which the construction or
enlargement of public buildings shall be undertaken, and the personnel
engaged exclusively in the administration of such functions, and the
United States Housing Authority in the Department of the Interior and
its functions and personnel (including the Administrator) are
transferred from the Department of the Interior; and all of these
agencies and functions, together with the Federal Emergency
Administration of Public Works and its functions, and all of the Works
Progress Administration and its functions (except the National Youth
Administration and its functions) are hereby consolidated into one
agency to be known as the Federal Works Agency, with a Federal Works
Administrator at the head thereof. The Federal Works Administrator
shall be appointed by the President, by and with the advice and consent
of the Senate, and shall receive a salary at the rate of $12,000 per
annum. He shall have general direction and supervision over the
administration of the several agencies consolidated into the Federal
Works Agency by this section and shall be responsible for the
coordination of their functions. (Federal Works Agency abolished and
functions transferred to General Services Administration by act June 30,
1949, ch. 288, title I, 103, 63 Stat. 380.)
(b) The Federal Works Administrator shall appoint an Assistant
Federal Works Administrator, who shall receive a salary at the rate of
$9,000 per annum, and he may also appoint such other personnel and make
such expenditures as may be necessary.
(c) The Assistant Administrator shall act as Administrator during the
absence or disability of the Administrator, or in the event of a vacancy
in that office, and shall perform such other duties as the Administrator
shall direct.
(d) The several agencies and functions consolidated by this section
in the Federal Works Agency shall carry with them their personnel.
(a) The Bureau of Public Roads and its functions shall be
administered as the Public Roads Administration at the head of which
shall be the Chief of the Bureau of Public Roads whose title shall be
changed to Commissioner of Public Roads. Hereafter the Commissioner of
Public Roads shall be appointed by the Federal Works Administrator.
(b) All functions of the Secretary of Agriculture relating to the
administration of the Bureau of Public Roads are hereby transferred to,
and shall be exercised by, the Federal Works Administrator.
(a) The Public Buildings Branch of the Procurement Division and its
functions the Branch of Buildings Management of the National Park
Service and its functions (except those relating to monuments and
memorials) and the functions of the National Park Service in the
District of Columbia in connection with the general assignment of space,
the selection of sites for public buildings, and the determination of
the priority in which the construction or enlargement of public
buildings shall be undertaken, are hereby consolidated and shall be
administered as the Public Buildings Administration, with a Commissioner
of Public Buildings at the head thereof. The Commissioner of Public
Buildings shall be appointed by the Federal Works Administrator and
shall receive a salary at the rate of $9,000 per annum. The
Commissioner of Public Buildings shall act under the direction and
supervision of the Federal Works Administrator.
(b) All functions of the Secretary of the Treasury and the Director
of Procurement relating to the Administration of the Public Buildings
Branch of the Procurement Division and to the selection of location and
sites for public buildings, and all functions of the Secretary of the
Interior and the Director of the National Park Service relating to the
administration of the functions of the Branch of Buildings Management
and the functions of the National Park Service in the District of
Columbia in connection with the general assignment of space, the
selection of sites for public buildings, and the determination of the
priority in which the construction or enlargement of public buildings
shall be undertaken, are hereby transferred to, and shall be exercised
by, the Federal Works Administrator.
(a) The United States Housing Authority and its functions shall be
administered by the United States Housing Administrator under the
direction and supervision of the Federal Works Administrator.
(b) All functions of the Secretary of the Interior relating to the
administration of the United States Housing Authority are hereby
transferred to, and shall be exercised by, the Federal Works
Administrator. (United States Housing Authority consolidated with other
agencies into National Housing Authority during World War II, see Ex.
Ord. No. 9070.) (Change of name of United States Housing Authority to
Public Housing Administration and transfer to Housing and Home Finance
Agency, see 1947 Reorg. Plan No. 3.) (Housing and Home Finance Agency
lapsed and functions were transferred to Secretary of Housing and Urban
Development, see section 9(c) of Pub. L. 89-174, Sept. 9, 1965, 79 Stat.
670, set out as a note under 42 U.S.C. 3531.)
The Federal Emergency Administration of Public Works and its
functions shall be administered as the Public Works Administration with
a Commissioner of Public Works at the head thereof. The Commissioner of
Public Works shall be appointed by the Federal Works Administrator and
shall receive a salary at the rate of $10,000 per annum. The
Commissioner of Public Works shall act under the direction and
supervision of the Federal Works Administrator.
(Appropriations for liquidation of the Public Works Administration
were authorized by the Second Deficiency Appropriation Act of 1944, act
June 28, 1944, ch. 304, title I, 58 Stat. 602, and First Deficiency
Appropriation Act, 1945, act Apr. 25, 1945, ch. 95, title I, 1, 59 Stat.
80.)
The Works Progress Administration and its functions (except the
National Youth Administration and its functions) shall be administered
as the Work Projects Administration, with a Commissioner of Work
Projects at the head thereof. The Commissioner shall be appointed by
the Federal Works Administrator and shall receive a salary at the rate
of $10,000 per annum. The Commissioner shall act under the direction
and supervision of the Federal Works Administrator. (Functions were
authorized to be carried out until June 30, 1941, and provisions
concerning appointment of Commissioner were contained in Emergency
Relief Appropriation Act of 1939, 1(f and g) and Emergency Relief
Appropriation Act of 1941, 1(i and j), set out in note under chapter 16
of Title 15, Commerce and trade.) (Functions were authorized to be
carried out until June 30, 1941, and provisions concerning appointment
of Commissioner were contained in Emergency Relief Appropriation Act of
1939, 1(f and g) and Emergency Relief Appropriation Act of 1941, 1(i and
j).) (Functions, records, property, personnel and administration of the
Sample Surveys Section of Work Projects Administration transferred to
Bureau of Census, Dept. of Commerce, see Ex. Ord. No. 9232.)
(Liquidation of the Works Projects Administration was ordered by
President's letter of December 4, 1942, and appropriations for the
liquidation were authorized by act July 12, 1943, ch. 229, title I, 57
Stat. 540.)
All records and property (including office equipment) of the several
agencies which, with their functions, are consolidated by section 301
into the Federal Works Agency are hereby transferred to the jurisdiction
and control of the Federal Works Agency for use in the administration of
the agencies and functions consolidated by that section.
(a) So much of the unexpended balances of appropriations,
allocations, or other funds available (including those available for the
fiscal year ending June 30, 1940) for the use of any agency (except the
United States Housing Authority) in the exercise of any functions
transferred by this part, or for the use of the head of any department
or agency in the exercise of any functions so transferred, and so much
of such balances available to the United States Housing Authority for
administrative expenses, as the Director of the Bureau of the Budget
shall determine, shall be transferred for use in connection with the
exercise of the functions transferred by this Part. In determining the
amount to be transferred the Director of the Bureau of the Budget may
include an amount to provide for the liquidation of obligations incurred
against such appropriations, allocations, or other funds prior to the
transfer: Provided, That the use of the unexpended balances of
appropriations, allocations, or other funds transferred by this section
shall be subject to the provisions of section 4(d)(3) and section 9 of
the Reorganization Act of 1939.
(b) All unexpended balances of appropriations, allocations, or other
funds available (including those available for the fiscal year ending
June 30, 1940) for the use of the United States Housing Authority, other
than those transferred by subsection (a) of this section, are hereby
transferred with the United States Housing Authority and shall remain
available to it for the exercise of its functions.
The Director of the Bureau of the Budget shall allocate to the
Federal Works Agency, from appropriations, allocations, or other funds
available (including those available for the fiscal year ending June 30,
1940) for the administrative expenses of the agencies and functions
consolidated by section 301, such sums, and in such proportions, as he
may find necessary for the administrative expenses of the Federal Works
Agency.
Any of the personnel transferred by this part found to be in excess
of the personnel necessary for the efficient administration of the
functions transferred by this part shall be retransferred under existing
law to other positions in the Government service, or separated from the
service subject to the provisions of section 10(a) of the Reorganization
Act of 1939.
The Farm Credit Administration, the Federal Farm Mortgage
Corporation, and the Commodity Credit Corporation, and their functions
and activities, together with their respective personnel, records, and
property (including office equipment), are hereby transferred to the
Department of Agriculture and shall be administered in such Department
under the general direction and supervision of the Secretary of
Agriculture, who shall be responsible for the coordination of their
functions and activities.
So much of the unexpended balances of appropriations, allocations, or
other funds available (including those available for the fiscal year
ending June 30, 1940) for the administrative expenses of any agency
transferred by this section, as the Director of the Bureau of the Budget
shall determine, shall be transferred to the Secretary of Agriculture
for such use; and the Director of the Bureau of the Budget shall
allocate to the Secretary of Agriculture from such funds, such sums, and
in such proportions, as he may find necessary for the administrative
expenses of the Secretary of Agriculture in connection with the agencies
and functions transferred by this section. In determining the amount to
be transferred, the Director of the Bureau of the Budget may include an
amount to provide for the liquidation of obligations incurred against
such appropriations, allocations, or other funds prior to the transfer.
The use of the unexpended balances of appropriations, allocations, or
other funds transferred by this subsection shall be subject to the
provision of section 4(d)(3) and section 9 of the Reorganization Act of
1939.
All unexpended balances of appropriations, allocations, or other
funds, other than those mentioned in subsection (b) of this section,
available (including those available for the fiscal year ending June 30,
1940) for any agency transferred by subsection (a) of this section shall
be transferred with such agency and shall remain available to it for the
exercise of its functions. (Electric Home and Farm Authority was
terminated as a federal agency by Ex. Ord. No. 9256, Oct. 13, 1942.)
Any of the personnel transferred by this section to the Department of
Agriculture which the Secretary of Agriculture shall find to be in
excess of the personnel necessary for the administration of the
functions transferred by this section shall be retransferred under
existing law to other positions in the Government, or separated from the
service subject to the provisions of section 10(a) of the Reorganization
Act of 1939.
There shall be at the seat of the Government a Federal Loan Agency,
with a Federal Loan Administrator at the head thereof. The Federal Loan
Administrator shall be appointed by the President by and with the advice
and consent of the Senate, and shall receive a salary at the rate of
$12,000 per annum.
The Federal Loan Administrator shall appoint an Assistant Federal
Loan Administrator, who shall receive a salary at the rate of $9,000 per
annum. The Assistant Administrator shall act as Administrator during
the absence or disability of the Administrator, or in the event of a
vacancy in that office, and shall perform such other duties as the
Administrator shall direct.
The Administrator shall supervise the administration, and shall be
responsible for the coordination of the functions and activities, of the
following agencies: Reconstruction Finance Corporation, Electric Home
and Farm Authority, R.F.C. Mortgage Company, Disaster Loan Corporation,
Federal National Mortgage Association, Federal Home Loan Bank Board,
Home Owners' Loan Corporation, Federal Savings and Loan Insurance
Corporation, Federal Housing Administration, and Export-Import Bank of
Washington. The Administrator may appoint such officers and employees
and make such expenditures as may be necessary. (For subsequent
history, see Codification note set out under 15 U.S.C. 1801 et seq.)
The Director of the Bureau of the Budget shall allocate to the
Federal Loan Agency, from appropriations, allocations, or other funds
available (including those available for the fiscal year ending June 30,
1940) for the administrative expenses of the agencies named in this
section, such sums, and in such proportion, as he may find necessary for
the administrative expenses of the Federal Loan Agency.
To the Congress of the United States:
Pursuant to the provisions of the Reorganization Act of 1939 (Public,
No. 19, 76th Cong., 1st sess.), approved April 3, 1939, I herewith
transmit Reorganization Plan No. I, which, after investigation, I have
prepared in accordance with the provisions of section 4 of the act; and
I declare that with respect to each transfer, consolidation, or
abolition made in Reorganization Plan No. I, I have found that such
transfer, consolidation, or abolition is necessary to accomplish one or
more of the purposes of section 1(a) of the act.
In these days of ruthless attempts to destroy democratic government,
it is boldly asserted that democracies must always be weak in order to
be democratic at all; and that, therefore, it will be easy to crush all
free states out of existence.
Confident in our Republic's 150 years of successful resistance to all
subversive attempts upon it, whether from without or within,
nevertheless we must be constantly alert to the importance of keeping
the tools of American democracy up to date. It is our responsibility to
make sure that the people's government is in condition to carry out the
people's will, promptly, effectively, without waste or lost motion.
In 1883 under President Arthur we strengthened the machinery of
democracy by the Civil Service law; beginning in 1905 President
Roosevelt initiated important inquiries into Federal administration; in
1911 President Taft named the Economy and Efficiency Commission which
made very important recommendations; in 1921 under Presidents Wilson
and Harding we tightened up our budgetary procedure. Presidents Theodore
Roosevelt, Taft, Wilson, Harding, Coolidge, and Hoover in succession
strongly recommended the rearrangement of Federal administrative
activities. In 1937 I proposed, on the basis of an inquiry authorized
and appropriated for by the Congress, the strengthening of the
administrative management of the executive establishment.
None of all this long series of suggestions, running over more than a
quarter of a century, was in any sense personal or partisan in design.
These measures have all had only one supreme purpose -- to make
democracy work -- to strengthen the arms of democracy in peace or war
and to ensure the solid blessings of free government to our people in
increasing measure.
We are not free if our administration is weak. But we are free if we
know, and others know, that we are strong; that we can be tough as well
as tender hearted; and that what the American people decide to do can
and will be done, capably and effectively, with the best national
equipment that modern organizing ability can supply in a country where
management and organization is so well understood in private affairs.
My whole purpose in submitting this plan is to improve the
administrative management of the Republic, and I feel confident that our
Nation is united in this central purpose, regardless of differences upon
details.
This plan is concerned with the practical necessity of reducing the
number of agencies which report directly to the President and also of
giving the President assistance in dealing with the entire executive
branch by modern means of administrative management.
Forty years ago in 1899 President McKinley could deal with the whole
machinery of the executive branch through his 8 cabinet secretaries and
the heads of 2 commissions; and there was but 1 commission of the
so-called quasi-judicial type in existence. He could keep in touch with
all the work through 8 or 10 persons.
Now, 40 years later, not only do some 30 major agencies (to say
nothing of the minor ones) report directly to the President, but there
are several quasi-judicial bodies which have enough administrative work
to require them also to see him on important executive matters.
It has become physically impossible for one man to see so many
persons, to receive reports directly from them, and to attempt to advise
them on their own problems which they submit. In addition the President
today has the task of trying to keep their programs in step with each
other or in line with the national policy laid down by the Congress.
And he must seek to prevent unnecessary duplication of effort.
The administrative assistants provided for the President in the
Reorganization Act cannot perform these functions of over-all management
and direction. Their task will be to help me get information, and
condense and summarize it -- they are not to become in any sense
Assistant Presidents nor are they to have any authority over anybody in
any department or agency.
The only way in which the President can be relieved of the physically
impossible task of directly dealing with 30 or 40 major agencies is by
reorganization -- by the regrouping of agencies according to their major
purposes under responsible heads who will report to the President, just
as is contemplated by the Reorganization Act of 1939.
This act says that the President shall investigate the organization
of all agencies of the Government and determine what changes are
necessary to accomplish any one or more of five definite purposes:
(1) To reduce expenditures;
(2) To increase efficiency;
(3) To consolidate agencies according to major purposes;
(4) To reduce the number of agencies by consolidating those having
similar functions and by abolishing such as may not be necessary;
(5) To eliminate overlapping and duplication of effort.
It being obviously impracticable to complete this task at one time,
but having due regard to the declaration of Congress that it should be
accomplished immediately and speedily, I have decided to undertake it
promptly in several steps.
The first step is to improve over-all management, that is, to do
those things which will accomplish the purposes set out in the law, and
which, at the same time, will reduce the difficulties of the President
in dealing with the multifarious agencies of the executive branch and
assist him in distributing his responsibilities as the chief
administrator of the Government by providing him with the necessary
organization and machinery for better administrative management.
The second step is to improve the allocation of departmental
activities, that is, to do those things which will accomplish the
purposes set out in the law and at the same time help that part of the
work of the executive branch which is carried on through executive
departments and agencies. In all this the responsibility to the people
is through the President.
The third step is to improve intradepartmental management, that is,
to do those things which will enable the heads of departments and
agencies the better to carry out their own duties and distribute their
own work among their several assistants and subordinates.
Each of these three steps may require from time to time the
submission of one or more plans involving one or more reorganizations,
but it is my purpose to fulfill the duty imposed upon me by the Congress
as expeditiously as practicable and to the fullest extent possible in
view of the exceptions and exemptions set out in the act.
The plan I now transmit is divided into four parts or sections which
I shall describe briefly as follows:
In my message to the Congress of January 12, 1937, in discussing the
problem of how to improve the administrative management of the executive
branch, I transmitted with my approval certain recommendations for
strengthening and developing the management arms of the President.
Those three management arms deal with (1) budget, and efficiency
research, (2) planning, and (3) personnel. My accumulated experience
during the 2 years since that time has deepened my conviction that it is
necessary for the President to have direct access to these managerial
agencies in order that he may have the machinery to enable him to carry
out his constitutional responsibility, and in order that he may be able
to control expenditures, to increase efficiency, to eliminate
overlapping and duplication of effort, and to be able to get the
information which will permit him the better to advise the Congress
concerning the state of the Union and the program of the Government.
Therefore, I find it necessary and desirable in carrying out the
purposes of the act to transfer the Bureau of the Budget to the
Executive Office of the President from the Treasury Department. It is
apparent from the legislative history of the Budget and Accounting Act
that it was the purpose in 1921 to set up an Executive Budget for which
the President would be primarily responsible to the Congress and to the
people, and that the Director of the Budget was to act under the
immediate direction and supervision of the President. While no serious
difficulties have been encountered because of the fact that the Bureau
of the Budget was placed in the Treasury Department so far as making
budgetary estimates has been concerned, it is apparent that its
coordinating activities and its research and investigational activities
recently provided for by the Congress, will be facilitated if the Bureau
is not a part of 1 of the 10 executive departments. Also, in order that
the Bureau of the Budget may the better carry out its work of
coordination and investigation, I find it desirable and necessary in
order to accomplish the purposes of the act to transfer to the Bureau of
the Budget the functions of the Central Statistical Board.
By these transfers to the Executive Office, the President will be
given immediate access to that managerial agency which is concerned with
the preparation and administration of the Budget, with the coordination
of the work of the governmental agencies, and with research and
investigation necessary to accomplish the five definite purposes of the
Reorganization Act of 1939.
I also find it necessary and desirable to transfer to the Executive
Office of the President the National Resources Committee, now an
independent establishment, and to consolidate with it by transfer from
the Department of Commerce the functions of the Federal Employment
Stabilization Office, the consolidated unit to be known as the National
Resources Planning Board. This Board would be made up as is the present
Advisory Board of the National Resources Committee of citizens giving
part-time services to the Government, who aided by their technical staff
would be able to advise the President, the Congress, and the people with
respect to plans and programs for the conservation of the national
resources, physical and human. By these transfers to the Executive
Office, the President will be given more direct access to and immediate
direction over that agency which is concerned with planning for the
utilization and conservation of the national resources, an indispensable
part of the equipment of the Chief Executive.
On previous occasions I have recommended and I hereby renew and
emphasize my recommendation that the work of this Board be placed upon a
permanent statutory basis.
Because of an exemption in the act, it is impossible to transfer to
the Executive Office the administration of the third managerial function
of the Government, that of personnel. However, I desire to inform the
Congress that it is my purpose to name one of the administrative
assistants to the President, authorized in the Reorganization Act of
1939, to serve as a liaison agent of the White House on personnel
management.
In this manner, the President will be given for the first time direct
access to the three principal necessary management agencies of the
Government. None of the three belongs in any existing department. With
their assistance, and with this reorganization, it will be possible for
the President to continue the task of making investigations of the
organization of the Government in order to control expenditures,
increase efficiency, and eliminate overlapping.
Studies heretofore made by me and researches made at my direction, as
well as recommendations submitted by me to the Congress, and especially
those contained in my message of January 12, 1937, indicate clearly that
to carry out the purposes of the Reorganization Act of 1939 to group,
coordinate, and consolidate agencies of the Government according to
major purposes and to reduce the number of agencies by consolidating
those having similar functions under a single head, would require the
provision of 3 general agencies in addition to the 10 executive
departments.
It is my objective, then, by transfer, consolidation, and abolition
to set up a Federal Security Agency, a Federal Works Agency, and a
Federal Loan Agency, and then to distribute among the 10 executive
departments and these 3 new agencies, the major independent
establishments in the Government (excepting those exempt from the
operations of the act) in order to minimize overlapping and duplication,
to increase efficiency and to reduce expenditures to the fullest extent
consistent with the efficient operation of the Government.
I find it necessary and desirable to group in a Federal Security
Agency those agencies of the Government, the major purposes of which are
to promote social and economic security, educational opportunity, and
the health of the citizens of the Nation.
The agencies to be grouped are the Social Security Board, now an
independent establishment, the United States Employment Service, now in
the Department of Labor, the Office of Education, now in the Department
of the Interior, the Public Health Service, now in the Treasury
Department, the National Youth Administration, now in the Works Progress
Administration, and the Civilian Conservation Corps, now an independent
agency.
The Social Security Board is placed under the Federal Security
Agency, and at the same time the United States Employment Service is
transferred from the Department of Labor and consolidated with the
unemployment compensation functions of the Social Security Board in
order that their similar and related functions of social and economic
security may be placed under a single head and their internal operations
simplified and integrated.
The unemployment compensation functions of the Social Security Board
and the employment service of the Department of Labor are concerned with
the same problem, that of the employment, or the unemployment, of the
individual worker.
Therefore, they deal necessarily with the same individual. These
particular services to the particular individual also are bound up with
the public-assistance activities of the Social Security Board. Not only
will these similar functions be more efficiently and economically
administered at the Federal level by such grouping and consolidation,
but this transfer and merger also will be to the advantage of the
administration of State social security programs and result in
considerable saving of money in the administrative costs of the
governments of the 48 States as well as those of the United States. In
addition to this saving of money there will be a considerable saving of
time and energy not only on the part of administrative officials
concerned with this program in both Federal and State Governments, but
also on the part of employers and workers, permitting through the
simplification of procedures a reduction in the number of reports
required and the elimination of unnecessary duplication in contacts with
workers and with employers.
Because of the relationship of the educational opportunities of the
country to the security of its individual citizens, the Office of
Education with all of its functions, including, of course, its
administration of Federal-State programs of vocational education, is
transferred from the Department of the Interior to the Federal Security
Agency. This transfer does not increase or extend the activities of the
Federal Government in respect to education, but does move the existing
activities into a grouping where the work may be carried on more
efficiently and expeditiously, and where coordination and the
elimination of overlapping may be better accomplished. The Office of
Education has no relationship to the other functions of the Department
of the Interior.
The Public Health Service is transferred from the Treasury Department
to the Federal Security Agency. It is obvious that the health
activities of the Federal Government may be better carried out when so
grouped than if they are left in the Treasury, which is primarily a
fiscal agency, and where the necessary relationships with other social
security, employment, and educational activities now must be carried on
by an elaborate scheme of interdepartmental committee work.
The National Youth Administration is transferred from the Works
Progress Administration to the Federal Security Agency since its major
purpose is to extend the educational opportunities of the youth of the
country and to bring them through the processes of training into the
possession of skills which enable them to find employment. Other
divisions of the Federal Security Agency will have the task of finding
jobs, providing for unemployment compensation, and other phases of
social security, while still other units of the new agency will be
concerned with the problem of primary and secondary education, as well
as vocational education and job training and retraining for employment.
While much of the work of the National Youth Administration has been
carried on through work projects, these have been merely the process
through which its major purpose was accomplished, and, therefore, this
agency under the terms of the act should be grouped with the other
security agencies rather than with the work agencies.
For similar reasons the Civilian Conservation Corps, now an
independent establishment, is placed under the Federal Security Agency
because of the fact that its major purpose is to promote the welfare and
further the training of the individuals who make up the corps, important
as may be the construction work which they have carried on so
successfully. The Civilian Conservation Corps is a small coordinating
agency which supervises work carried on with the cooperation of several
regular departments and independent units of the Government. This
transfer would not interfere with the plan of work heretofore carried on
but it would enable the Civilian Conservation Corps to coordinate its
policies, as well as its operations, with those other agencies of the
Government concerned with the educational and health activities and with
human security.
In order to carry out the purpose of the Reorganization Act of 1939 I
find it necessary and desirable to group and consolidate under a Federal
Works Agency those agencies of the Federal Government dealing with
public works not incidental to the normal work of other departments, and
which administer Federal grants or loans to State and local governments
or other agencies for the purposes of construction.
The agencies so to be grouped are: The Bureau of Public Roads, now
in the Department of Agriculture; the Public Buildings Branch of the
Procurement Division, now in the Treasury Department; and the Branch of
Building Management of the National Park Service (so far as it is
concerned with public buildings which it operates for other departments
or agencies) now in the Department of the Interior; the United States
Housing Authority, now in the Department of the Interior; the Federal
Emergency Administration of Public Works (familiarly known as P. W.
A.); and the Works Progress Administration (familiarly known as W. P.
A.) except the functions of the National Youth Administration.
The transfer of both the Public Works Administration and the Works
Progress Administration to the new Federal Works Agency would provide
for both principal types of public works that have been carried on by
the Federal Government directly or in cooperation with the State and
local governments. I find that it will be possible to reduce
administrative costs as well as to improve efficiency and to eliminate
overlapping by bringing these different programs of public works under a
common head. But, because of the differences that justified their
separate operation in the past and differences that will continue in the
future to distinguish certain phases of major public works from work
relief, I find it necessary to maintain them at least for the present as
separate subordinate units of the Federal Works Agency.
The present Federal Emergency Administration of Public Works is
placed under the Federal Works Agency under the shorter name of Public
Works Administration.
The name of the Works Progress Administration has been changed to
Works Projects Administration in order to make its title more
descriptive of its major purpose.
The Bureau of Public Roads is transferred from the Department of
Agriculture to the Federal Works Agency and as a separate unit under the
name of Public Roads Administration. This will bring the administration
of the Federal roads program with its grants-in-aid to the States into
coordination with other major public-works programs and other programs
of grants and loans to the States.
The construction and operation of many public buildings is now
carried on in two agencies which are consolidated under the new Federal
Works Agency, namely the Public Buildings Branch of the Procurement
Division of the Treasury Department (which is concerned with the
construction of Federal buildings and with the operation of many public
buildings outside the District of Columbia) and the Branch of Building
Management of the National Park Service, of the Department of the
Interior, which is concerned with the operation of public buildings in
the District of Columbia. These two separate activities are
consolidated in one unit to be known as the Public Buildings
Administration. Improved efficiency, coordination of effort, and
savings will result from this transfer and consolidation.
Then, also, there is transferred from the Department of the Interior
to the Federal Works Agency the United States Housing Authority. The
major purpose of the United States Housing Authority is to administer
grants-in-aid and loans to local public housing authorities in
accordance with its established standards of construction in that part
of the housing field which cannot be reached economically by private
enterprise. For these reasons, it should be grouped with those other
agencies which have to do with public works, with grants and loans to
State and local governments and with construction practices and
standards.
LENDING AGENCIES
In order to carry out the purposes of the Reorganization Act of 1939
I find it necessary and desirable to group under a Federal Loan Agency
those independent lending agencies of the Government which have been
established from time to time for the purpose of stimulating and
stabilizing the financial, commercial, and industrial enterprises of the
Nation.
The agencies to be grouped in the Federal Loan Agency are: The
Reconstruction Finance Corporation, the Electric Home and Farm
Authority, the Federal Home Loan Bank Board, the Federal Housing
Administration, and their associated agencies and boards, as well as the
Export-Import Bank of Washington.
Since 1916 the Congress has established from time to time agencies
for providing loans, directly or indirectly, for the stimulation and
stabilization of agriculture, and such agencies should in my opinion be
grouped with the other agricultural activities of the Government. For
that reason I find it necessary and desirable to accomplish the purposes
of the act to transfer the Farm Credit Administration, the Federal Farm
Mortgage Corporation, and the Commodity Credit Corporation and
associated agencies to the Department of Agriculture.
One of the five purposes of the Reorganization Act of 1939 is ''to
reduce expenditures to the fullest extent consistent with the efficient
operation of the Government.'' This purpose is important in each phase
of the plan here presented. The Reorganization Act prohibits abolishing
functions -- in other words basic services or activities performed.
Therefore the reduction in expenditures to be effected must necessarily
be brought about chiefly in the overhead administrative expenses of the
agencies set up to perform certain functions. The chance for economy
arises therefore not from stopping work, but from organizing the work
and the overhead more efficiently in combination with other similar
activities. Only the Congress can abolish or curtail functions now
provided by law.
The overhead administrative costs of all the agencies affected in
Reorganization Plan No. I is about $235,000,000. This does not include
the loans they make, the benefits they pay, the wages of the unemployed
who have been given jobs; it does not include the loans and grants to
States or, in short, the functional expense. It does include the
overhead expense of operating and administering all these agencies.
The reduction of administrative expenditures which it is probable
will be brought about by the taking effect of the reorganizations
specified in the plan is estimated as nearly as may be at between
$15,000,000 and $20,000,000 annually, a substantial lowering of the
existing overhead. Certain of these economies can be brought about
almost immediately, others will require a painstaking and gradual
readjustment in the machinery and business practices of the Government.
Any such estimate is incomplete, however, without reference to the
corresponding savings which will follow in the States and cities through
the recommended consolidation of the Federal services with which they
cooperate, and the improved efficiency and convenience which will be
felt by citizens all over the Nation -- many of whom will be able to
find in a single office many of the services now scattered in several
places. These economies will undoubtedly exceed the direct savings in
the Federal Budget.
It will not be necessary to ask the Congress for any additional
appropriations for the administrative expenses of the three consolidated
agencies set up in this plan, since their costs will be met from funds
now available for the administrative expenses of their component units.
Actually new expenses will be only a fractional part of the expected
savings.
Neither on this Reorganization Plan No. I nor on future
reorganization plans, covering interdepartmental changes and
intradepartmental changes, will every person agree on each and every
detail. It is true that out of the many groupings and regroupings
proposed in this message a few of the individual agencies could
conceivably be placed elsewhere.
Nevertheless, I have been seeking to consider the functional origin
and purpose of each agency as required by the reorganization bill
itself.
If in the future experience shows that one or two of them should be
regrouped, it will be wholly possible for the President and the Congress
to make the change.
The plan presented herewith represents 2 years of study. It is a
simple and easily understood plan. It conforms to methods of executive
administration used by large private enterprises which are engaged in
many lines of production. Finally, it will save a sum of money large in
comparison with the existing overhead of the agencies involved.
I trust, therefore, that the Congress will view the plan as a whole
and make it possible to take the first step in improving the executive
administration of the Government of the United States.
Franklin D. Roosevelt.
The White House, April 25, 1939.
/1/ So in original. Probably should be ''sections 23b and 137e,''.
05 USC -- REORGANIZATION PLAN NO. II OF 1939
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO II OF 1939
05 USC REORGANIZATION PLAN NO. II OF 1939
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO II OF 1939
June 7, 1939, ch. 193, 53 Stat. 813, as amended Aug.
13, 1946, ch. 957, title XI,
1131(65), 60 Stat.
1040; Aug. 12, 1963, Pub. L. 88-94, 2(f), 77 Stat.
122; Sept. 13, 1982, Pub. L. 97-258, 5(b), 96 Stat.
1068, 1085
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, May 9, 1939, pursuant to the
provisions of the Reorganization Act of 1939, approved April 3, 1939.
Transfers and consolidations relating to the Department of State are
hereby effected as follows:
(a)-(c). (Repealed. August 13, 1946, ch. 957, title XI, 1131(65), 60
Stat. 1040. The act, Aug. 13, 1946 was repealed by Pub. L. 96-465, title
II, 2205(1), Oct. 17, 1980, 94 Stat. 2159. Subsecs. provided that
Foreign Commerce Service and Foreign Agricultural Service were
transferred to Department of State and consolidated with and
administered as part of Foreign Service under Secretary of State, and
that functions of Secretary of Commerce and Secretary of Agriculture
with respect thereto were transferred, with certain exceptions to
Secretary of State.)
Such officer of the Foreign Service as the Secretary of State shall
make available for that purpose may be authorized by the Secretary of
Commerce to perform the duties of China Trade Act Registrar provided for
in the act of September 19, 1922, (42 Stat. 849) (15 U.S.C. 143), under
the direction of the Secretary of Commerce.
(e) (Repealed. Pub. L. 88-94, 2(f), Aug. 12, 1963, 77 Stat. 122.
Subsection transferred the Foreign Service Buildings Commission and its
functions to the Department of State. See 22 U.S.C. 295(d).)
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section made following transfers, consolidations, and abolitions
relating to the Treasury Department: (a) The Bureau of Lighthouses in
the Department of Commerce and its functions were transferred to and
consolidated with, and to be administered as a part of, the Coast Guard
in the Treasury Department; (b) The office of Director General of
Railroads was abolished and the functions and duties were transferred to
the Secretary of the Treasury; (c) The War Finance Corporation was
abolished, the remaining functions, property, and obligations were
transferred to the Treasury Department, and the Secretary was directed
to wind up its affairs and dispose of its assets.)
Transfers, consolidations, and abolitions relating to the Department
of Justice are hereby effected as follows:
The Federal Prison Industries, Inc. (together with its Board of
Directors), and its functions are hereby transferred to the Department
of Justice and shall be administered under the general direction and
supervision of the Attorney General.
The National Training School for Boys and its functions (including
the functions of its Board of Trustees) are hereby transferred to the
Department of Justice and shall be administered by the Director of the
Bureau of Prisons, under the direction and supervision of the Attorney
General.
The Board of Trustees of the National Training School for Boys
(including the consulting trustees) is hereby abolished.
Transfers, consolidations, and abolitions relating to the Department
of the Interior are hereby effected as follows:
The functions of the National Bituminous Coal Commission (including
the functions of the members of the Commission) are hereby transferred
to the Secretary of the Interior to be administered under his direction
and supervision by such division, bureau, or office in the Department of
the Interior as the Secretary shall determine.
The National Bituminous Coal Commission and the offices of the
members thereof are hereby abolished and the outstanding affairs of the
Commission shall be wound up by the Secretary of the Interior.
The office of Consumers' Counsel of the National Bituminous Coal
Commission is hereby abolished and its functions are transferred to, and
shall be administered in, the office of the Solicitor of the Department
of the Interior under the direction and supervision of the Secretary of
the Interior.
(Functions, records, property, and personnel of Consumer's Counsel of
the National Bituminous Coal Commission, which were transferred by this
Plan to office of Solicitor of Department of Interior, were
retransferred to Office of Bituminous Coal Consumer Counsel by 15 U.S.
C. 852. Such Office terminated Aug. 24, 1943.)
The Bureau of Insular Affairs of the War Department and its functions
are hereby transferred to the Department of the Interior and shall be
consolidated with the Division of Territories and Island Possessions in
the Department of the Interior and administered in such Division under
the direction and supervision of the Secretary of the Interior. The
office of the Chief of the Bureau and offices subordinate thereto
provided for in section 14 of the act of June 4, 1920 (41 Stat. 769) (48
U.S.C. 2, 3), are hereby abolished and all of the functions of such
offices are transferred to, and shall be exercised by, the Director of
the Division of Territories and Island Possessions.
The Bureau of Fisheries in the Department of Commerce and its
functions are hereby transferred to the Department of the Interior and
shall be administered in that Department under the direction and
supervision of the Secretary of the Interior. The functions of the
Secretary of Commerce relating to the protection of fur seals and other
fur-bearing animals, to the supervision of the Pribilof Islands and the
care of the natives thereof, and to the Whaling Treaty Act (16 U.S.C.
901-915), are hereby transferred to, and shall be exercised by, the
Secretary of the Interior.
The Bureau of Biological Survey in the Department of Agriculture and
its functions are hereby transferred to the Department of the Interior
and shall be administered in that Department under the direction and
supervision of the Secretary of the Interior. The functions of the
Secretary of Agriculture relating to the conservation of wildlife, game,
and migratory birds are hereby transferred to, and shall be exercised
by, the Secretary of the Interior. The provisions of the act of May 18,
1934, (c. 299, 48 Stat. 780), as amended by the act of February 8, 1936
(c. 40, 49 Stat. 1105 (see 18 U.S.C. 111, 1114, 2231), insofar as they
relate to officers or employees of the Department of Agriculture
designated by the Secretary of Agriculture to enforce any act of
Congress for the protection, preservation, or restoration of game and
other wildlife and animals shall apply to officers and employees of the
Department of the Interior designated by the Secretary of the Interior
to exercise and discharge such duties.
The provisions of the act of January 31, 1925 (c. 124, 43 Stat.
803), (former 5 U.S.C. 17, 7 U.S.C. 2217, 2218), shall be applicable to
such officers, agents, or employees of the Department of the Interior
performing functions of the Bureau of Biological Survey as are
designated by the Secretary of the Interior for the purposes named in
the act.
The Secretary of the Interior shall be chairman of the Migratory Bird
Conservation Commission, and the Secretary of Agriculture shall be a
member thereof.
The Mount Rushmore National Memorial Commission and its functions are
hereby transferred to the National Park Service in the Department of the
Interior. The functions vested in the Commission by sections 3 and 4(a)
of the act of June 15, 1938 (c. 402, 52 Stat. 694) shall continue to be
exercised by the Commission. All other functions of the Mount Rushmore
National Memorial Commission shall be administered by the National Park
Service under the direction and supervision of the Secretary of the
Interior.
Administration Transferred
The Rural Electrification Administration and its functions and
activities are hereby transferred to the Department of Agriculture and
shall be administered in that Department by the Administrator of the
Rural Electrification Administration under the general direction and
supervision of the Secretary of Agriculture.
Waterways Corporation
The Inland Waterways Corporation and all of its functions and
obligations are hereby transferred to the Department of Commerce and
shall be administered in that Department under the supervision and
direction of the Secretary of Commerce. The capital stock of the
Corporation shall continue to be held for the United States by the
Secretary of the Treasury, but all other functions, rights, privileges,
and powers and all duties and liabilities of the Secretary of War
relating to the Inland Waterways Corporation are hereby transferred to,
and shall be exercised, performed, and discharged by, the Secretary of
Commerce. The Secretary of Commerce shall be substituted for the
Secretary of War, as and shall be deemed to be, the incorporator of the
Inland Waterways Corporation.
(Pub. L. 88-67, 2, July 19, 1963, 77 Stat. 81, provided for
liquidation of the affairs of the Inland Waterways Corporation.)
Transfers and consolidations relating to the Federal Security Agency
are hereby effected as follows:
The functions of the Radio Division and the United States Film
Service of the National Emergency Council are hereby transferred to the
Federal Security Agency and shall be administered in the Office of
Education under the direction and supervision of the Federal Security
Administrator. (Functions of Radio Division were authorized to be
carried out until June 30, 1940, by Emergency Relief Appropriation Act
of 1939, 8.)
The functions of the Secretary of the Treasury with respect to the
administration of the appropriations for the American Printing House for
the Blind (except the function relating to the perpetual trust fund) are
hereby transferred to the Federal Security Agency and shall be
administered under the direction and supervision of the Federal Security
Administrator. The annual report and vouchers required to be furnished
to the Secretary of the Treasury by the trustees of the American
Printing House for the Blind shall be furnished to the Federal Security
Administrator.
Transfers, consolidations, and abolitions relating to the National
Archives are hereby effected as follows:
The functions of the Codification Board, established by the Act of
June 19, 1937 (50 Stat. 304) (44 U.S.C. 1510), are hereby transferred to
the National Archives and shall be consolidated in that agency with the
functions of the Division of the Federal Register and shall be
administered by such Division under the direction and supervision of the
Archivist.
The Codification Board is hereby abolished and its outstanding
affairs shall be wound up by the Archivist through the Division of the
Federal Register in the National Archives.
Sec. 301. Transfers and abolitions relating to the Executive Office
of the President are hereby effected as follows:
All functions of the National Emergency Council other than those
relating to Radio Service and Film Service (transferred by Section 201(
a) of this plan to the Federal Security Agency) are hereby transferred
to the Executive Office of the President and shall be administered under
the direction and supervision of the President. (Functions of National
Emergency Council transferred to Executive Office of President were
authorized to be carried out until June 30, 1940, by Emergency Relief
Appropriation Act of 1939, 8.)
The National Emergency Council is hereby abolished and its
outstanding affairs shall be wound up under the direction and
supervision of the President.
Except as otherwise provided in this plan, the functions of the head
of any Department relating to the administration of any agency or
function transferred from his Department by this plan, are hereby
transferred to, and shall be exercised by, the head of the department or
agency to which such transferred agency or function is transferred by
this plan.
All records and property (including office equipment) of the several
agencies, and all records and property used primarily in the
administration of any functions, transferred by this plan and, except as
otherwise provided, all the personnel used in the administration of such
agencies and functions (including officers whose chief duties relate to
such administration) are hereby transferred to the respective
departments or agencies concerned, for use in the administration of the
agencies and functions transferred by this plan: Provided, That any
personnel transferred to any department or agency by this section found
by the head of such department or agency to be in excess of the
personnel necessary for the administration of the functions transferred
to his department or agency shall be retransferred under existing law to
other positions in the Government service, or separated from the service
subject to the provisions of section 10(a) of the Reorganization Act of
1939.
So much of the unexpended balances of appropriations, allocations, or
other funds available for the use of any agency in the exercise of any
function transferred by this plan, or for the use of the head of any
department or agency in the exercise of any function so transferred, as
the Director of the Bureau of the Budget with the approval of the
President shall determine, shall be transferred to the department or
agency concerned for use in connection with the exercise of the function
so transferred. In determining the amount to be transferred the
Director of the Bureau of the Budget may include an amount to provide
for the liquidation of obligations incurred against such appropriations,
allocations, or other funds prior to the transfer: Provided, That the
use of the unexpended balances of appropriations, allocations, or other
funds transferred by this section shall be subject to the provisions of
section 4(d)(3) and section 9 of the Reorganization Act of 1939.
Except as prohibited by the Reorganization Act of 1939, all functions
relating to the appointment, fixing of compensation, transfer,
promotion, demotion, suspension, or dismissal of persons to or from
offices and positions in any department vested by law in any officer of
such department other than the head thereof are hereby transferred to
the head of such department and shall be administered under his
direction and supervision by such division, bureau, office, or persons
as he shall determine.
To the Congress of the United States:
Pursuant to the provisions of the Reorganization Act of 1939 (Public,
No. 19, 76th Cong., 1st Sess.) approved April 3, 1939, I herewith
transmit Reorganization Plan No. II, which, after investigation, I have
prepared in accordance with the provisions of section 4 of the act; and
I declare that with respect to each transfer, consolidation, or
abolition made in Reorganization Plan No. II, I have found that such
transfer, consolidation, or abolition is necessary to accomplish one or
more of the purposes of section 1 (a) of the act.
In my message to the Congress on April 25, 1939, transmitting
Reorganization Plan No. I, I took occasion to say that, it being
obviously impracticable to complete the task of reorganization at one
time, I had decided, in view of the declaration of the Congress that it
should be accomplished immediately and speedily, to undertake it in
several steps.
Plan No. I, had to do with overall management. Plan No. II,
transmitted herewith, is designed to improve the work of the executive
branch for which, although carried on through executive departments and
agencies, the responsibility to the people is through the President. It
is concerned with the sole purpose of improving the administrative
management of the executive branch by a more logical grouping of
existing units and functions and by a further reduction in the number of
independent agencies.
I am transmitting Reorganization Plan No. II as the result of
studies that have been made for me and of my own experience over a
period of several years, as the best way in which to regroup the
agencies affected so as to fulfill the purposes of the act:
1. To reduce expenditures;
2. To increase efficiency;
3. To consolidate agencies according to major purposes;
4. To reduce the number of agencies by consolidating those having
similar functions and by abolishing such as may not be necessary; and
5. To eliminate overlapping and duplication of effort.
The plan I now transmit I shall describe briefly as follows:
I proposed to transfer the Foreign Commerce Service of the United
States and its functions now in the Bureau of Foreign and Domestic
Commerce of the Department of Commerce and the Foreign Agricultural
Service of the United States and its functions in the Department of
Agriculture to the Department of State, and to consolidate them with the
Foreign Service of the United States under the direction and supervision
of the Secretary of State.
By this transfer and consolidation, there will be a single Foreign
Service in the Department of State, but this does not mean that the
interests of the commercial and agricultural communities are to be
neglected, for it is a part of the Plan that representatives of the
Secretary of Agriculture and the Secretary of Commerce shall be placed
on the Board of Foreign Service Personnel and that specific
investigations relating to commerce and agriculture shall be initiated
directly by the Secretaries of these two Departments who will receive
directly the results of investigations in their own fields.
A much greater degree of coordination and effectiveness in our
foreign establishments can be achieved under the plan than has ever
before been possible. The needs of the different Departments and
Agencies of the Government will be met more efficiently and the
responsiveness of the foreign establishments to these needs will be
greatly improved.
The plan presupposes that it may be necessary from time to time for
various Departments and Agencies of the Government to send abroad
specialists and technicians for relatively temporary duty. While these
will not be in the Foreign Service, strictly speaking, they will be
given a suitable commission by the Department of State, on a temporary
basis, so that they may have the same obligations as other officers of
the Foreign Service while on duty abroad.
The plan also presupposes a special training period within the
Department of Commerce and the Department of Agriculture for Foreign
Service officers selected to specialize in commercial or agricultural
work and contemplates the fullest utilization of the experience gained
abroad by Foreign Service officers in the work of the Departments of
Commerce and Agriculture in this country. There will be stationed in
the Department of State a liaison officer of the Department of Commerce
and of the Department of Agriculture to make effective the proposed
cooperation.
The plan specifically leaves undisturbed the relationships of the
Department of Commerce and of the Department of Agriculture with the
commercial and agricultural communities. What it does do is to
consolidate the foreign services into one Foreign Service in the
Department of State, where it ought to be, with the resulting advantages
of economy, efficiency, better functional grouping, elimination of
overlapping and duplication of effort, and greater service to our
commercial and agricultural interests.
There is also transferred to the Department of State the Foreign
Service Buildings Commission and its functions. This Commission is
advisory to the administrative work of the Department of State and
should no longer have the status of an independent establishment.
The Bureau of Lighthouses now in the Department of Commerce is
transferred to the Treasury Department and consolidated with the Coast
Guard in that Department. The advantages of this consolidation are
obvious and fall clearly within the provision of the act requiring me to
consolidate agencies according to major purposes. This will save money
on equipment and administration and will permit the better use of
personnel.
The plan also includes the abolition of the Office of the Director
General of Railroads and of the War Finance Corporation and the transfer
of their functions to the Secretary of the Treasury to be wound up by
him as rapidly as may be. In the case of the War Finance Corporation,
it is directed that the final dissolution shall be accomplished not
later than December 31, 1939.
I further propose to transfer to the Department of Justice the
Federal Prison Industries, Inc., and the National Training School for
Boys, and at the same time to abolish the board of trustees of the
National Training School for Boys. Responsibility for the Federal penal
and correctional institutions is in the Department of Justice and these
two independent establishments should be consolidated therein. None of
the other Federal penal or correctional institutions has a board of
trustees and there is no need of further continuing the board of the
National Training School.
The plan also provides for the abolition of the Codification Board
established for the purpose of codifying existing administrative law and
the transfer of its functions to the Division of the Federal Register in
the National Archives. The work of this board has now progressed to the
point where a separate board is no longer necessary and the future work
of keeping the codification up to date can more efficiently and
economically be carried on by the editorial staff of the Federal
Register.
I find it necessary and desirable in order to accomplish the purposes
of the Reorganization Act to abolish the National Bituminous Coal
Commission and to transfer its functions to the Secretary of the
Interior. Thus the task of conserving the bituminous-coal resources of
the country may be carried on directly by the head of the Department
principally responsible for the conservation of fuel and other mineral
supplies. The Congress placed this Commission in the Department of the
Interior, but experience has shown that direct administration will be
cheaper, better, and more effective than through the cumbersome medium
of an unnecessary commission.
The transfer to the Department of the Interior of the Bureau of
Insular Affairs in the War Department and its consolidation with the
Division of Territories and Island Possessions in Interior is a
functional transfer of obvious desirability. Under the provisions of
existing law, however, I shall direct, where necessary, that certain
correspondence from the Governor General of the Philippines shall be
transmitted to the President through the Department of State.
The plan provides for the transfer to the Department of the Interior
of the Bureau of Fisheries from the Department of Commerce and of the
Bureau of Biological Survey from the Department of Agriculture. These
two Bureaus have to do with conservation and utilization of the wildlife
resources of the country, terrestrial and aquatic. Therefore, they
should be grouped under the same departmental administration, and in
that Department which, more than any other, is directly responsible for
the administration and conservation of the public domain. However, I
intend to direct that the facilities of the Department of Agriculture
shall continue to be used for research studies which have to do with the
protection of domestic animals from diseases of wildlife; and also
where most economical for the protection to farmers and stockmen against
predatory animals.
The plan also provides for the transfer of the Mount Rushmore
National Memorial Commission to the National Park Service in the
Department of the Interior in order that this great memorial may be
administered as a part of the similar work of the Park Service.
Included in the plan is a provision to transfer to the Department of
Agriculture the Rural Electrification Administration, now operated as an
independent establishment. The work of this administration in its
educational as well as its lending functions is clearly a part of the
rural life activities of the country and should, therefore, be
administered in coordination with the other agricultural activities of
the Government.
The Inland Waterways Corporation is transferred to the Department of
Commerce from the War Department. This corporation, which operates
inland waterways transportation facilities, should be coordinated with
the administration of other aids to commerce and industry.
I propose to transfer to the Federal Security Agency, for
administration in the Office of Education, the film and radio functions
of the National Emergency Council. These are clearly a part of the
educational activities of the Government and should be consolidated with
similar activities already carried on in the Office of Education.
Similarly, Government participation in the work of the American Printing
House for the Blind, except fiscal functions relating to trust funds, is
transferred from the Secretary of the Treasury to the Federal Security
Agency, in order that this work may be coordinated with the other work
for the blind now being carried on in the Social Security Board.
The plan provides for the abolition of the National Emergency Council
and the transfer to the Executive Office of the President of all its
functions with the exception of the film and radio activities which go
to the Office of Education. Subject to appropriations by the Congress,
these activities transferred to the White House would be administered in
the manner best designed to give the President the information he
requires from all parts of the country.
The National Emergency Council was established by Executive order in
1933 and is composed of the President, the Vice President, the Members
of the Cabinet, and the heads of some 23 independent establishments.
Its usefulness as an actual council, which met weekly under my
chairmanship, was very great in the period of the emergency which then
confronted the country, but, as time has gone on, it no longer operates
as a council but does continue to carry on important activities which
are indispensable to the President of the United States, as well as to
other branches of the Government, and the public. It maintains an
information service and a press intelligence service, it publishes the
United States Government Manual, and it carries on through State and
central staffs an important work of coordinating and reporting.
The information service makes available general information
concerning all phases of governmental activity and is provided for all
who submit questions or inquiries by mail, by telephone, or by personal
call. In one sense it may be called a post-office address -- ''Uncle
Sam, Post Office Box No. 1, Washington, D.C.'' -- to which persons who
want information about the Government but do not know the exact division
or agency of the Government to which to apply, may write with confidence
that their questions will be answered or else sent on to the proper
agency for direct reply.
The press intelligence service carried on in the Council is not a
service for giving intelligence to the press, but rather for making
available to responsible persons in the Government, both in the
executive and in the legislative branches, a clipping service, which
shows what the press of the country has printed. The partial
consolidation of clipping services in this unit -- a consolidation which
should go further -- already has resulted in economy and convenience. A
clipping service of this kind, on a smaller scale, was maintained for
many years in the White House but it was not then available to other
branches of the Government. Its return to the White House with the
additional feature of availability to all the rest of the Government
will promote efficiency without violating tradition.
The publication of the United States Government Manual makes
available to every citizen a simplified textbook of information as to
the organization and availability of the Federal agencies. Published in
loose-leaf form, it is sold by the Superintendent of Documents of the
Government Printing Office.
The coordinating and reporting functions of the Council have to do
with the presentation to the President of factual information,
independently gathered, as to the progress and effect of our
governmental activities. Through its State offices the Council has been
able to facilitate the various Federal programs particularly with
respect to State and local governments.
The plan also includes certain general provisions in order to
accomplish fully the purposes of the act. In addition to the transfer
of bureaus and other units, it is necessary also to transfer certain
functions of heads of departments; to transfer records, property, and
personnel; to transfer funds; and to provide that the power of
appointment occasionally, and sometimes apparently quite accidentally,
vested in a subordinate official of a department, shall be vested in the
head of the department. It is impossible to exercise the proper
direction and supervision over subordinate units unless the definite
power of appointment, fixing of compensation, transfer, and promotion or
dismissal of personnel is vested in the principal responsible head. In
no other way can the purpose of consolidating similar functions under a
single head as required by the act be accomplished in practice.
It is one of the five purposes of the Reorganization Act ''to reduce
expenditures to the fullest extent consistent with the efficient
operation of the Government.'' This is an important purpose in each
phase of the plan here presented. The Reorganization Act prohibits
abolishing functions -- in other words, basic services or activities
performed. Therefore, the reduction in expenditures must necessarily be
brought about chiefly in the overhead administrative expenses of the
agencies affected. In a great many cases the economies to be effected
by Reorganization Plan No. II will be the result of improved efficiency
which will, as the plan works out, require fewer persons to perform the
work or will require the employment of less temporary assistance.
In the case of the consolidation of the foreign services it is
estimated that the administration by a single administrative unit in the
Department of State will achieve a saving of $20,000 a year and that
consolidation of the three field forces will make it possible to drop
alien employees and, by a more effective use of personnel, to save an
additional $100,000 a year when the readjustments have been made.
The total administrative expense of all of the agencies affected by
this plan is about $25,000,000 per annum.
The reduction of such expenditures, which it is probable will be
brought about by the taking effect of the reorganizations specified in
the plan, is estimated at $1,250,000 per annum. Certain of these
economies can be brought about at once. Others will require a gradual
readjustment in machinery and business practices of the agencies
affected.
May I repeat what I said in my message transmitting Reorganization
Plan No. I, that in this as in future reorganization plans not every
person will agree on each and every detail. Out of the many groupings
and regroupings proposed, a few of the individual agencies conceivably
could be placed elsewhere, but I have been seeking to consider the
functional purpose of each agency as required by the Reorganization Act
itself and have made this plan with the sole purpose of improving the
service rendered by the Government to its citizens in accordance with
the purposes set out in the act.
In view of the fact that it is now May 9, and that any reorganization
plan must lie before the Congress for 60 calendar days, and because the
reorganization of an intradepartmental character requires a great deal
of research and careful painstaking detailed work, I do not propose to
send any further general reorganization plans to the Congress at this
session.
However, there are certain transfers, abolitions, and consolidations
of committees, commissions, and boards which I propose to do by means of
Executive and military orders under existing law as complementary to
Reorganization Plan No. II when it becomes effective.
Then, also, by mere administrative procedure, some small agencies
which have been listed in various publications as independent
establishments but whose independence has no basis in law or in formal
Executive or military orders, may be reassigned to an appropriate
placement by administrative procedure on the part of their respective
heads.
Not all of the interdepartmental transfers and consolidations that
are necessary and desirable have been accomplished in this
Reorganization Plan No. II. I am directing the Bureau of the Budget to
study these problems in order that they may be included in plans to be
transmitted to the Congress at its next session.
For example, in order to save money and to do the work more
efficiently there are some units which should be divided so that a part
of the work may be done by one agency and a part by another. Take, for
example, the business of mapping. It is obviously important that the
work of making surveys and accumulating data for maps should be done in
the various agencies which are concerned primarily with the purpose for
which the map is being drawn. On the other hand, the business of
manufacturing maps might very well be consolidated in order to save
money, and to manufacture better maps.
I have considered the desirability of transferring the jurisdiction
over deportable aliens from the Immigration and Naturalization Service
in the Department of Labor to the Department of Justice, but I find that
this matter will require further study, or perhaps legislation, and
therefore it is not included in this plan.
I have also considered the problem of certain public lands insofar as
they present overlapping jurisdiction between the Departments of the
Interior and Agriculture.
Insofar as crops, including tree crops, are involved there is
something to be said for their retention in the Department of
Agriculture. But where lands are to be kept for the primary purpose of
recreation and permanent public use and conservation they fall more
logically into the Department of the Interior.
I hope to offer a reorganization plan on this early in the next
session.
There are other types of work carried on in the Federal Government
where it may prove necessary and desirable to divide the functions now
being carried on by a particular unit so as the better to serve the
basic purpose for which the work was undertaken. Such problems I shall
continue to study with the view of sending other reorganization plans
involving both interdepartmental and intradepartmental reorganizations
to the Congress at its next session.
Franklin D. Roosevelt.
The White House, May 22, 1940.
Ex. Ord. No. 8357 Mar. 2, 1940, 5 F.R. 950, provided:
Under the authority vested in me by section 1(b) of Part I of
Reorganization Plan No. II (effective July 1, 1939, by Public
Resolution approved June 7, 1939, 53 Stat. 1431), and in effectuation of
the provisions of subdivisions (2), (3), and (4) of that section, I
hereby prescribe the following regulations pertaining to officers
designated by the Secretary of Commerce and the Secretary of Agriculture
under the said subdivisions:
1. Officers designated by the Secretary of Commerce and the Secretary
of Agriculture under subdivisions (2) and (3), respectively, of the said
section 1(b) of Part I of Reorganization Plan No. II may, when
acceptable to the Secretary of State, be sent abroad as specialists or
technicians for temporary service under the provisions of, and subject
to the conditions named in, section 5 of the act of March 3, 1927, 44
Stat. 1396 (former section 197d of Title 15), and section 2 of the act
of June 5, 1930, 46 Stat. 498 (former section 542 of Title 7), as
authorized by the said subdivisions (2) and (3), respectively.
2. The Secretary of State shall give suitable commissions to the
officers described in paragraph 1 hereof and shall assign them to such
offices as may be deemed necessary by him and the Secretary of the
department concerned. Such officers, during the active period of their
assignment, shall be considered a part of the organization of the
Foreign Service, shall assume the status directed by the Secretary of
State, and shall, in this respect, be subject to the jurisdiction of the
Secretary of State. With the approval of the chief of the office to
which they are attached, such officers may request reports from Foreign
Service officers upon matters falling within the jurisdiction of their
respective departments. The duties of such officers shall be restricted
to the accomplishment of the special missions within the scope of their
assignments.
3. The officers designated by the Secretary of Commerce and the
Secretary of Agriculture under subdivision (4) of the said section 1(b)
of Part I of Reorganization Plan No. II to serve in the Department of
State as liaison officers shall, when acceptable to the Secretary of
State, serve in matters of interest to their respective departments.
05 USC -- REORGANIZATION PLAN. III OF 1940
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO III OF 1940
05 USC REORGANIZATION PLAN NO. III OF 1940
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO III OF 1940
June 4, 1940, ch. 231, 4, 54 Stat. 231, as amended
Aug. 23, 1958, Pub. L. 85-726, title XIV, 1401(c),
72 Stat. 806; Sept. 13, 1982, Pub. L. 97-258,
5(b), 96 Stat. 1068, 1085
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, April 2, 1940, pursuant to the
provisions of the Reorganization Act of 1939, approved April 3, 1939.
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section established the Fiscal Service of the Treasury Department,
provided for the transfer of certain functions to the Fiscal Service and
of certain functions relating to accounting, and abolished an office of
Assistant Secretary of the Treasury. See 31 U.S. C. 306.)
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section abolished the Federal Alcohol Administration and provided that
the Secretary administer its functions through the Bureau of Internal
Revenue.)
The Bureau of Fisheries and the Bureau of Biological Survey in the
Department of the Interior with their respective functions are
consolidated into one agency in the Department of the Interior to be
known as the Fish and Wildlife Service. The functions of the
consolidated agency shall be administered under the direction and
supervision of the Secretary of the Interior by a Director and not more
than two Assistant Directors, who shall be appointed by the Secretary
and perform such duties as he shall prescribe. The offices of
Commissioner and Deputy Commissioner of Fisheries and the offices of
Chief and Associate Chief of the Bureau of Biological Survey are
abolished and their functions transferred to the consolidated agency.
The office of Recorder of the General Land Office is abolished. The
functions of the Recorder shall be exercised under the direction and
supervision of the Secretary of the Interior through such officers or
employees of the General Land Office as he may designate.
The Division of Marketing and Marketing Agreements of the
Agricultural Adjustment Administration of the Department of Agriculture
and its functions and the Federal Surplus Commodities Corporation as an
agency of the Department of Agriculture and its functions are
consolidated into an agency in the Department of Agriculture to be known
as the Surplus Marketing Administration. The Surplus Marketing
Administration shall be headed by an Administrator, who shall be
appointed by and be subject to the direction and supervision of the
Secretary of Agriculture.
The offices of commissioner of immigration of the several ports and
the offices of district commissioner of immigration and naturalization
in the Department of Labor are abolished, and their functions shall be
administered under the supervision of the Secretary of Labor by the
Commissioner of Immigration and Naturalization through such district
directors of immigration and naturalization as the Commissioner shall
designate.
(Repealed. Pub. L. 85-726, title XIV, 1401(c), Aug. 23, 1958, 72
Stat. 806. Section transferred to Administrator of Civil Aeronautics
functions vested in Civil Aeronautics Authority by Civilian Pilot
Training Act of 1939, functions of aircraft registration and safety
regulation in titles V and VI of the Civil Aeronautics Act of 1938 with
certain exceptions, the function provided for by section 1101 of that
Act, and functions of appointing employees and authorizing necessary
expenditures and travel.)
All records and property (including office equipment) of the several
agencies, and all records and property used primarily in the
administration of any functions, transferred or consolidated by this
Plan and all the personnel used in the administration of such agencies
and functions (including officers whose chief duties relate to such
administration and whose offices are not abolished) are transferred or
consolidated, as the case may be, within the department or agency
concerned, for use in the administration of the agencies and functions
transferred or consolidated by this Plan: Provided, That any personnel
transferred or consolidated within any department or agency by this
section found by the head of such department or agency to be in excess
of the personnel necessary for the administration of the functions
transferred or consolidated shall be retransferred under existing law to
other positions in the Government service, or separated from the service
subject to the provisions of section 10(a) of the Reorganization Act of
1939.
So much of the unexpended balances of appropriations, allocations, or
other funds available (including funds available for the fiscal year
ending June 30, 1941) for the use of any agency in the exercise of any
function transferred or consolidated by this Plan, or for the use of the
head of any department or agency in the exercise of any function so
transferred or consolidated, as the Director of the Bureau of the Budget
with the approval of the President shall determine, shall be transferred
within the department or agency concerned for use in connection with the
exercise of the function so transferred or consolidated. In determining
the amount to be transferred the Director of the Bureau of the Budget
may include an amount to provide for the liquidation of obligations
incurred against such appropriations, allocations, or other funds prior
to the transfer: Provided, That the use of the unexpended balances of
appropriations, allocations, or other funds transferred by this section
shall be subject to the provisions of sections 4(d)(3) and section 9 of
the Reorganization Act of 1939.
To the Congress of the United States:
When I submitted Reorganization Plans I and II at the last regular
session of Congress, I indicated that certain reorganizations of an
intradepartmental character were necessary but that detailed study would
be required for the preparation of specific plans. Since that time the
heads of the executive departments and my own office have continued to
study the internal organization of the several agencies of the
Government. I have considered recommendations made to me as a result of
these studies and have found it possible to make a number of needed
improvements of organization by administrative action. In other
instances, I can effect the necessary changes only under the procedure
set up in the Reorganization Act of 1939.
I am transmitting herewith Reorganization Plan III, which I have
prepared in accordance with the provisions of section 4 of the
Reorganization Act of 1939 (Public, No. 19, 76th Cong., 1st sess.)
approved April 3, 1939; and I declare that with respect to each
reorganization made in this plan, I have found that such reorganization
is necessary to accomplish one or more of the purposes of section 1(a)
of the act:
1. To reduce expenditures;
2. To increase efficiency;
3. To consolidate agencies according to major purposes;
4. To reduce the number of agencies by consolidating those having
similar functions and by abolishing such as may not be necessary; and
5. To eliminate overlapping and duplication of effort.
I am proposing two intradepartmental reorganizations relating to the
Treasury Department.
The first reorganization consolidates in a Fiscal Service, under the
direction of a permanent Fiscal Assistant Secretary, those functions of
the Treasury Department pertaining to financing and fiscal activities.
This Fiscal Service will bring together the Office of the Treasurer of
the United States, the Office of Commissioner of Accounts and Deposits,
and the Public Debt Service, including their various subdivisions and
certain other related functions.
Some adjustments are made in the assignment of functions of the units
which will comprise the Fiscal Service, and certain changes are made in
titles. The net effect of these adjustments is to establish within the
Fiscal Service the Office of Fiscal Assistant Secretary, the Office of
the Treasurer of the United States, and a Bureau of Accounts under a
Commissioner of Accounts, and a Bureau of Public Debt under the
Commissioner of Public Debt. In addition to responsibility for the
administration of these four segments of the Department's operations,
the Fiscal Assistant Secretary is vested with the financing functions of
the Under Secretary of the Treasury and of the Assistant Secretaries.
The functions brought together in the Fiscal Service are all closely
interrelated and are essential parts of the general functions of
financing and fiscal control. The internal organization of the Fiscal
Service conforms to accepted principles of financial management and
provides the framework for adequate internal controls. At the same
time, under the proposed plan these functions can be coordinated more
effectively, duplications eliminated, and a more efficient service
provided. To assure continued effective management of this highly
important and technical phase of the Treasury functions, I am placing
the Fiscal Service under the supervision of a career official. The plan,
therefore, provides that the Fiscal Assistant Secretary will be
appointed by the Secretary of the Treasury in accordance with
civil-service laws and will perform his duties under the general
direction of the Secretary. This is in accord with the policy of this
administration of bringing higher administrative positions within the
career service. The creation of the office of Fiscal Assistant
Secretary will not increase the number of Assistant Secretaries in the
Treasury Department since the plan expressly provides for the abolition
of one of the three existing offices of Assistant Secretary.
The second reorganization affecting the Treasury Department vests in
the Secretary of the Treasury full authority for the administration of
the Federal Alcohol Administration Act. At present the Federal Alcohol
Administration occupies an anomalous position. It is legally a part of
the Treasury Department, but actually it is clothed with almost complete
independence under existing statutory provisions. Under certain
conditions the Administration would by law become an independent agency,
whereas the interests of improved management require its integration
with allied activities in the Treasury Department.
I propose, therefore, that the functions of the Federal Alcohol
Administration be correlated with the activities of the Bureau of
Internal Revenue, particularly its Alcohol Tax Unit. The Bureau is
already performing a large part of the field enforcement work of the
Administration and could readily take over complete responsibility for
its work. The Bureau is daily making, for other purposes, a majority of
the contacts with units of the liquor industry which the Federal Alcohol
Administration should but cannot make without the establishment of a
large and duplicating field force. Under the provisions of this plan,
it will be possible more effectively to utilize the far-flung
organization of the Treasury Department, including its many
laboratories, in discharging the functions of the Federal Alcohol
Administration. Thus, I find the proposed consolidation will remedy
deficiencies in organization structure as well as afford a more
effective service at materially reduced costs.
Reorganization Plan II transferred the Bureau of Fisheries of the
Department of Commerce and the Bureau of Biological Survey of the
Department of Agriculture to the Department of the Interior and thus
concentrated in one department the two bureaus responsible for the
conservation and utilization of the wildlife resources of the Nation.
On the basis of experience gained since this transfer, I find it
necessary and desirable to consolidate these units into a single bureau
to be known as the Fish and Wildlife Service.
The Bureau of Biological Survey administers Federal laws relating to
birds, land mammals, and amphibians whereas the Bureau of Fisheries
deals with fishes, marine mammals, and other aquatic animals. The
natural areas of operation of these two bureaus frequently coincide, and
their activities are interrelated and similar in character.
Consolidation will eliminate duplication of work, facilitate
coordination of programs, and improve service to the public.
Another provision relating to the Department of the Interior is the
abolition of the statutory office of Recorder of the General Land
Office. This office is a relic of the quill-and-sand-box period in the
transcription of land records. Its duties can readily be absorbed by
the regular civil-service personnel of the Land Office.
I propose to consolidate the Division of Marketing and Marketing
Agreements of the Agricultural Adjustment Administration and the Federal
Surplus Commodities Corporation into a single agency to be known as the
Surplus Marketing Administration. This consolidation will facilitate
the work of the Department of Agriculture relating to the formulation
and administration of marketing agreements and the disposition of
agricultural surpluses.
Because the two programs require unified planning and direction, the
Secretary of Agriculture has found it desirable to designate the same
person as the head of both. In one capacity he reports directly to the
Secretary of Agriculture while in the other he is responsible by law to
the Administrator of the Agricultural Adjustment Administration.
Consolidation of the two units will assure unified management, eliminate
confusion in administration, and make for more efficient operation.
Furthermore, this reorganization will remove from the Agricultural
Adjustment Administration the legal responsibility for functions which
differ administratively from its major operations.
I propose to abolish the offices of commissioner of immigration and
the offices of district commissioner of immigration and naturalization.
The former have been vacant since 1933; the latter impose an
unnecessary level of supervision above that of district director of
immigration and naturalization in certain of our ports and should be
eliminated in the interests of economy and sound administration.
I propose to clarify the relations of the Administrator of the Civil
Aeronautics Authority and the five-member Board of the Civil Aeronautics
Authority. The Administrator is made the chief administrative officer
of the Authority with respect to all functions other than those relating
to economic regulation and certain other activities primarily of a
rule-making and adjudicative character which are entrusted to the Board.
This will eliminate the confusion of responsibilities existing under
the Civil Aeronautics Act and provide a more clear-cut and effective
plan of organization for the agency.
The principal advantage of the reorganizations proposed in this plan
will be increased effectiveness of operation of the agencies concerned.
In addition to improved service, some economies may be expected. I
estimate that immediate annual savings in administrative expense of
approximately $150,000 will result. This comparatively small amount in
no way measures the worth of the proposals. In fact, if they resulted
in no administrative savings at all, I should still consider them
worthwhile in view of the increased effectiveness of administration that
will result.
The management problems of a department or agency are complex and
dynamic and require much detailed analysis before findings can be made.
These problems cannot be resolved by any one reorganization plan, nor at
one time; their study must be a continuing process if our departmental
machinery is to keep pace with the changing requirements placed on the
Government. Accordingly, in conformity with the Budget and Accounting
Act, I have instructed the Director of the Bureau of the Budget to
continue studies in collaboration with the several departments and
agencies, looking to further improvements in the Government's
administrative structure.
Franklin D. Roosevelt.
The White House, April 2, 1940.
05 USC -- REORGANIZATION PLAN NO. IV OF 1940
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO IV OF 1940
05 USC REORGANIZATION PLAN NO. IV OF 1940
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO IV OF 1940
June 4, 1940, ch. 231, 4, 54 Stat. 231, as amended
Aug. 23, 1958, Pub. L. 85-726, title XIV, 1401(c),
72 Stat. 806; Sept. 13, 1982, Pub. L. 97-258,
5(b), 96 Stat. 1068, 1085
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, April 11, 1940, pursuant to
the provisions of the Reorganization Act of 1939, approved April 3,
1939.
The functions of the Division of Territories and Island Possessions
in the Department of the Interior relating to the Dominican Customs
Receivership are transferred to the Department of State and shall be
administered by the Secretary of State or under his direction and
supervision by such agency in the Department of State as he shall
designate.
The functions of the Attorney General relating to the approval of
compromises made in accordance with the provisions of section 7 of the
Federal Alcohol Administration Act (27 U.S.C. 207) are transferred to
the Secretary of the Treasury, to be exercised by him or under his
direction and supervision by such officer in the Department of the
Treasury as he shall designate: Provided, That exclusive jurisdiction
to compromise cases arising under the Federal Alcohol Administration Act
(27 U.S.C. 201 et seq.) which are pending before the courts or which
have been or may hereafter be referred to the Department of Justice for
action shall be vested in the Attorney General, and may be exercised by
him or by any officer in the Department of Justice designated by him.
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section transferred functions relating to disbursement by United States
Marshals to the Department of Justice to be exercised by United States
Marshals under the supervision of the Attorney General. See 31 U.S.C.
3321.)
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section transferred functions relating to disbursement of all postal
revenues and all other funds under the jurisdiction of the Post Office
Department, the Postmaster General, and the Board of Trustees of the
Postal Savings System to the Board of Trustees as to postal savings
disbursements and to the Post Office Department as to all other
disbursements involved.)
(a) Except as prohibited by section 3(b) of the Reorganization Act of
1939, the function of regular interbuilding messenger service (including
the transportation of mail) and the function of transportation of mail
between Government agencies and the city post office, now exercised in
the District of Columbia by agencies of the Government, are transferred
from such agencies to and consolidated in the Post Office Department and
shall be administered by the Postmaster General under such rules and
regulations as the President shall prescribe: Provided, That this
section shall not apply to the transportation of moneys and securities
by armored truck or by other special services, or to messenger service
between contiguous buildings.
(b) The Director of the Bureau of the Budget may waive the transfer
of any motor vehicle coming within the purview of section 14 of this
plan where he finds that the retention of such vehicle is essential to
the performance of functions other than those transferred by this
section.
The functions of the Soil Conservation Service in the Department of
Agriculture with respect to soil and moisture conservation operations
conducted on any lands under the jurisdiction of the Department of the
Interior are transferred to the Department of the Interior and shall be
administered under the direction and supervision of the Secretary of the
Interior through such agency or agencies in the Department of the
Interior as the Secretary shall designate.
(Repealed. Pub. L. 85-726, title XIV, 1401(c), Aug. 23, 1958, 72
Stat. 806. Section transferred Civil Aeronautics Authority and Air
Safety Board to Department of Commerce, consolidated their functions
into Civil Aeronautics Board, and provided for exercise of rule-making,
adjudication and investigation functions of Board independent of
Secretary of Commerce.)
The Weather Bureau in the Department of Agriculture and its functions
are transferred to the Department of Commerce and shall be administered
under the direction and supervision of the Secretary of Commerce:
Provided, That the Department of Agriculture may continue to make snow
surveys and to conduct research concerning: (a) relationships between
weather and crops, (b) long-range weather forecasting, and (c)
relationships between weather and soil erosion.
The functions of the Secretary of the Treasury and the Secretary of
the Interior under section 2 of the Act of June 13, 1934, entitled ''An
act to effectuate the purpose of certain statutes concerning rates of
pay for labor, by making it unlawful to prevent anyone from receiving
the compensation contracted for thereunder, and for other purposes'' (48
Stat. 948) (40 U.S.C. 276c), are transferred to the Secretary of Labor
and shall be administered by him or under his direction and supervision
by such agency in the Department of Labor as the Secretary shall
designate.
The functions of the Secretary of the Navy with respect to
furnishing, maintaining, and repairing vessels for the use of State
marine or nautical schools and with respect to administering grants of
funds for the support of such schools are transferred to and shall be
administered by the United States Maritime Commission. Jurisdiction
over vessels, apparel, charts, books, and instruments now loaned to
State marine or nautical schools is transferred from the Secretary of
the Navy to the United States Maritime Commission.
Saint Elizabeths Hospital in the Department of the Interior and its
functions are transferred to the Federal Security Agency and shall be
administered under the direction and supervision of the Federal Security
Administrator. The annual report required to be submitted to the
Congress by the superintendent of the Hospital shall be submitted
through the Federal Security Administrator. The annual report required
to be furnished to the Secretary of the Interior by the Board of
Visitors shall be furnished to the Federal Security Administrator.
Freedmen's Hospital in the Department of the Interior and its
functions are transferred to the Federal Security Agency and shall be
administered under the direction and supervision of the Federal Security
Administrator.
The functions of the Department of the Interior relating to the
administration of Howard University are transferred to the Federal
Security Agency and shall be administered under the direction and
supervision of the Federal Security Administrator. The annual report
required to be furnished to the Secretary of the Interior by the
president and directors of the University shall be furnished to the
Federal Security Administrator. The Office of Education shall continue
to make its inspections of and reports on the affairs of Howard
University in accordance with the provisions of existing law.
The functions of the Department of the Interior relating to the
administration of the Columbia Institution for the Deaf are transferred
to the Federal Security Agency and shall be administered under the
direction and supervision of the Federal Security Administrator. The
annual report required to be furnished to the Secretary of the Interior
by the president and directors of the Institution shall be furnished to
the Federal Security Administrator, and the annual report of the
superintendent of the Institution to the Congress shall be submitted
through the Federal Security Administrator.
The functions transferred by this section shall be administered under
the direction and supervision of the Federal Security Administrator
through such officers or subdivisions of the Federal Security Agency as
the Administrator shall designate.
The Food and Drug Administration in the Department of Agriculture and
its functions, except those functions relating to the administration of
the Insecticide Act of 1910 and the Naval Stores Act (7 U.S.C. 91-99,
121-134), are transferred to the Federal Security Agency and shall be
administered under the direction and supervision of the Federal Security
Administrator. The Chief of the Food and Drug Administration shall
hereafter be known as the Commissioner of Food and Drugs.
Except as otherwise provided in this Plan, the functions of the head
of any department relating to the administration of any agency or
function transferred from his department by this Plan are transferred
to, and shall be exercised by the head of the department or agency to
which such transferred agency or function is transferred by this Plan.
Except as otherwise provided in this Plan, all records and property
(including office equipment) of the several agencies, and all records
and property used primarily in the administration of any functions
transferred by this Plan, and all personnel used in the administration
of such agencies and functions (including officers whose chief duties
relate to such administration and whose offices are not abolished) are
transferred to the respective agencies concerned, for use in the
administration of the agencies and functions transferred by this Plan:
Provided, That any personnel transferred to any agency by this section
found by the head of such agency to be in excess of the personnel
necessary for the administration of the functions transferred to his
agency shall be retransferred under existing law to other positions in
the Government service, or separated from the service subject to the
provisions of section 10(a) of the Reorganization Act of 1939.
So much of the unexpended balances of appropriations, allocations, or
other funds available for the use of any agency in the exercise of any
function transferred by this Plan, or for the use of the head of any
agency in the exercise of any function so transferred, as the Director
of the Bureau of the Budget with the approval of the President shall
determine, shall be transferred to the agency concerned for use in
connection with the exercise of the function so transferred. In
determining the amount to be transferred the Director of the Bureau of
the Budget may include an amount to provide for the liquidation of
obligations incurred against such appropriations, allocations, or other
funds prior to the transfer: Provided, That the use of the unexpended
balances of appropriations, allocations, or other funds transferred by
this section shall be subject to the provisions of section 4(d)(3) and
section 9 of the Reorganization Act of 1939.
To the Congress of the United States:
One year ago the Congress directed the President to investigate the
organization of the Executive establishment and to submit plans for such
transfers, consolidations, and abolitions of agencies as were found
necessary and desirable.
Shortly thereafter I submitted Reorganization Plan No. I which
improved the over-all management of the Executive branch. This was
followed by Reorganization Plan No. II which effected a better
allocation of certain agencies and activities among departments.
Although these two plans have been in effect less than a year, their
benefits have already been gratifying. I have found the task of
coordinating the work of the Executive branch less difficult. Many
improvements in service have occurred, and substantial economies have
resulted.
Reorganization Plan No. III, recently submitted, is a third step
which will improve intradepartmental management through internal
adjustment in certain agencies.
I am now proposing a fourth reorganization plan which provides for a
number of interdepartmental reorganizations. These changes are designed
to increase efficiency in the administration of Government services by a
more logical grouping of certain functions and by a further reduction in
the number of independent agencies reporting directly to the Chief
Executive.
Accordingly, I am transmitting herewith Reorganization Plan No. IV,
which, after investigation, I have prepared in pursuance of section 4 of
the Reorganization Act of 1939 (Public, No. 19, 76th Cong., 1st sess.)
approved April 3, 1939; and I declare with respect to each
reorganization made in this plan, that I have found such reorganization
necessary to accomplish one or more of the purposes of section 1 (a) of
the act:
1. To reduce expenditures;
2. To increase efficiency;
3. To consolidate agencies according to major purposes;
4. To reduce the number of agencies by consolidating those having
similar functions and by abolishing such as may not be necessary;
5. To eliminate overlapping and duplication of effort.
The plan I now transmit I shall describe briefly as follows:
The Dominican Customs Receivership is transferred to the Department
of State from the Division of Territories and Island Possessions in the
Department of the Interior. The State Department is the most
appropriate agency to supervise this activity which involves relations
with a foreign government.
The plan transfers to the Secretary of the Treasury the function of
the Attorney General of approving out-of-court settlements --
technically termed compromises -- of cases arising under the Federal
Alcohol Administration Act which have not, prior to compromise, been
referred to the Department of Justice for prosecution. The present
requirement that the Attorney General approve all compromises results in
a cumbersome, time-consuming procedure which the small amounts involved
do not warrant. The proposed handling will be simpler, less likely to
cause delay, and consistent with the procedure now followed in
compromises arising under other acts which the Treasury Department
administers.
Executive Order No. 6166, issued June 20, 1933, provided for the
centralization of the disbursement function in a Division of
Disbursement in the Treasury Department. The resulting increase in
efficiency has amply demonstrated the wisdom of centralizing
disbursement work. In effectuating the plan, however, I have found it
necessary to postpone its application to United States marshals because
of the unusual character of their disbursing work in serving the courts.
Experience indicates that this arrangement should be continued. I am
proposing, therefore, the permanent transfer of the disbursement
function of United States marshals from the Treasury Department to the
Department of Justice.
It has also been found desirable to continue permanently in the Post
Office Department the disbursement of Post Office funds. The special
character of the work of this Department, involving disbursements in
thousands of post offices throughout the Nation, requires here, as well
as in the case of the United States marshals, a departure from the sound
theory of central disbursing. With its far-flung facilities, the Post
Office Department is better equipped to carry on this work than the
Division of Disbursement.
Another proposal affecting the Post Office Department relates to the
transportation of mail and other material between departments. In the
early colonial days, the interchange of correspondence and messages was
by the simple hand-to-hand method. Gradually a more systematic device
became necessary to transport messages, with the resultant evolution of
the postal service. Business and private citizens in general have made
use of that service, and today we have in our Post Office Department the
most efficient organization of its kind in the world. However, here in
the Capital City, the Federal Government, instead of utilizing fully the
resources of the Post Office Department to maintain its mail and
messenger service, has permitted a multiplicity of interdepartmental
messenger services, each serving its own department, bureau, or agency.
This duplication of services is uneconomical and results in a constant
crisscrossing and overlapping of personnel and equipment, all engaged in
a common activity. I am sure that the average citizen in Washington, as
well as officials of the Government itself, have wondered at this
paradox whereby the Federal Government is failing to make the fullest
use of one of its own agencies which is specially equipped to render a
simple, centralized service for all the other agencies. This
reorganization plan proposes to do exactly that; to provide for the
transportation of mail, documents, packages, and similar material
between all buildings occupied by Government offices on a regularly
scheduled basis of sufficient frequency to meet the reasonable and
normal requirements of these offices and to reduce to a minimum the
constant dispatching of messengers on so-called urgent and emergency
errands. This service will be available on a reimbursement basis to the
agencies exempted by the Reorganization Act.
I propose to transfer to the Department of the Interior the
activities of the Soil Conservation Service relating to soil and
moisture conservation on lands under the jurisdiction of the Interior
Department. With respect to private lands, the soil-conservation work
of the Federal Government is primarily of a consultative character and
can best be carried on by the Department of Agriculture through
cooperation of the farmers throughout the country. In the case of
Federal lands, this work includes the actual application by the
Government of soil-conservation practices and is an appropriate function
of the agency administering the land.
One of the purposes of the Reorganization Act is to reduce the number
of administrative agencies and thereby simplify the task of executive
management. We have made substantial progress toward this objective
under previous reorganization plans. I am now proposing another step in
this direction by placing the Civil Aeronautics Authority within the
framework of the Department of Commerce. Reorganization Plan No. III,
which deals with intradepartmental changes, draws a more practical
separation between the functions of the Administrator and the Civil
Aeronautics Board. In Plan IV, which is concerned with
interdepartmental reorganization, I am bringing the Authority into the
departmental structure. The Administrator will report to the Secretary
of Commerce. The five-member Board, however, will perform its
rule-making, adjudicative, and investigative functions independent of
the Department. In the interest of efficiency it will be supplied by
the Department with budgeting, accounting, procurement, and other office
services. As a result of the adjustments provided in Plans III and IV,
I believe the Civil Aeronautics Board will be able effectively to carry
forward the important work of accident investigation heretofore
performed by the Air Safety Board. In addition to the effective and
coordinated discharge of accident investigation work which this transfer
will facilitate, economies in administration will be possible.
The importance of the Weather Bureau's functions to the Nation's
commerce has also led to the decision to transfer this Bureau to the
Department of Commerce. The development of the aviation industry has
imposed upon the Weather Bureau a major responsibility in the field of
air transportation. The transfer to the Department of Commerce, as
provided in this plan, will permit better coordination of Government
activities relating to aviation and to commerce generally, without in
any way lessening the Bureau's contribution to agriculture.
The plan transfers to the Secretary of Labor the functions of the
Secretary of the Treasury and the Secretary of the Interior relating to
the enforcement of the minimum-wage provisions in contracts for Federal
construction. The Secretary of Labor is responsible by law for the
determination of the prevailing wage rates included in Government
contracts and should properly have complete responsibility for their
enforcement.
I propose to transfer to the United States Maritime Commission the
functions of the Secretary of the Navy relating to State marine and
nautical schools. These schools are devoted to training young men for
junior officer positions in the merchant marine. The general
responsibility for developing facilities for the training of merchant
marine personnel is vested in the Maritime Commission. The proposed
transfer will thus permit closer coordination of the nautical schools
with the training work of the Maritime Commission.
The Federal Security Agency has as its major purposes the promotion
of social and economic security, educational opportunity, and the health
of the citizens. The functions of Saint Elizabeths Hospital, Freedmen's
Hospital, Howard University, and Columbia Institution for the Deaf
plainly come squarely within these purposes. Consequently, I find it
necessary and desirable in pursuance of the objectives of the
Reorganization Act to transfer to the Federal Security Agency the
responsibilities of the Interior Department relating to these
institutions. The work of Saint Elizabeths Hospital and Freedmen's
Hospital is much more akin to the activities of the Public Health
Service in the Federal Security Agency than to those of any other
Federal establishment. Similarly, Howard University and Columbia
Institution for the Deaf can derive more benefit from association with
the Office of Education in the Federal Security Agency than with any
other Federal organization.
I further propose to transfer to the Federal Security Agency the Food
and Drug Administration with the exception of two activities intimately
related to the work of the Department of Agriculture. The work of the
Food and Drug Administration is unrelated to the basic functions of the
Department of Agriculture. There was, however, no other agency to which
these functions more appropriately belonged until the Federal Security
Agency was created last year. I now believe that the opportunity for
the Food and Drug Administration to develop along increasingly
constructive lines lies in this new Agency. There is also need for
coordination of certain of its functions with those of the Public Health
Service. To accomplish these objectives, the plan establishes the
Administration as a separate unit within the Federal Security Agency.
Functions may be transferred or consolidated under this
Reorganization Act, but the abolition of functions is prohibited.
Congress alone can curtail or abolish functions now provided by law.
Savings must come from administrative expenses which comprise only a
small fraction of Federal expenditures. This precludes the making of
large reductions in expenditure through reorganization plans. The major
achievements in reorganizations under this formula must inevitably be
found in improved management and more effective service. However, some
savings in administrative expenses will be possible under this plan. I
estimate the immediate annual savings at approximately $300,000.
The reorganization plans thus far submitted do not exhaust the
transfers, consolidations, and abolitions that may be necessary and
desirable. Some changes that now appear to have merit require further
study. It is the responsibility of the President as Chief Executive to
see that needed adjustments and improvements in administrative
organization are made. But this he cannot adequately accomplish without
proper statutory authority. The present Reorganization Act entirely
exempts some 21 administrative agencies from consideration. Furthermore
this act expires on January 20, 1941.
I strongly recommend the reenactment of the Reorganization Act,
without exemptions. The structure and management of our Government,
like the activities and services it performs, must be kept abreast of
social and economic change.
Franklin D. Roosevelt.
The White House, April 11, 1940.
05 USC -- REORGANIZATION PLAN NO. V OF 1940
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO V OF 1940
05 USC REORGANIZATION PLAN NO. V OF 1940
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO V OF 1940
June 4, 1940, ch. 231, 1, 54 Stat. 230
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, May 22, 1940, pursuant to the
provisions of the Reorganization Act of 1939, Approved April 3, 1939.
Service
The Immigration and Naturalization Service of the Department of Labor
(including the Office of the Commissioner of Immigration and
Naturalization) and its functions are transferred to the Department of
Justice and shall be administered under the direction and supervision of
the Attorney General. All functions and powers of the Secretary of
Labor relating to the administration of the Immigration and
Naturalization Service and its functions or to the administration of the
immigration and naturalization laws are transferred to the Attorney
General. In the event of disagreement between the head of any
department or agency and the Attorney General concerning the
interpretation or application of any law pertaining to immigration,
naturalization, or nationality, final determination shall be made by the
Attorney General.
All records, property, and personnel (including office equipment) of
the Immigration and Naturalization Service, and all records, property,
and personnel of the Department of Labor used primarily in the
administration of functions transferred by this Plan (including officers
whose chief duties relate to such administration), are transferred to
the Department of Justice: Provided, That any personnel so transferred
that may be found by the Attorney General to be in excess of the
personnel necessary for the administration of the functions transferred
by this Plan, shall be retransferred under existing law to other
positions in the Government service, or separated from the service
subject to the provisions of section 10(a) of the Reorganization Act of
1939.
So much of the unexpended balances of appropriations, allocations, or
other funds available (including funds available for the fiscal year
ending June 30, 1941) for the use of the Immigration and Naturalization
Service or the Department of Labor in the exercise of functions
transferred by this Plan as the Director of the Bureau of the Budget
with the approval of the President shall determine, shall be transferred
to the Department of Justice for use in connection with the exercise of
the functions so transferred. In determining the amount to be
transferred the Director of the Bureau of the Budget may include an
amount to provide for the liquidation of obligations incurred against
such appropriations, allocations, or other funds prior to the transfer:
Provided, That the use of the unexpended balances of appropriations,
allocations, or other funds transferred by this section shall be subject
to the provisions of sections 4(d)(3) and section 9 of the
Reorganization Act of 1939.
To the Congress of the United States:
When Reorganization Plan No. IV was submitted to Congress, I did not
contemplate the transmittal of any additional plans during the current
session. However, the startling sequence of international events which
has occurred since then has necessitated a review of the measures
required for the Nation's safety. This has revealed a pressing need for
the transfer of the immigration and naturalization functions from the
Department of Labor to the Department of Justice. I had considered such
an interdepartmental transfer for some time but did not include it in
the previous reorganization plans since much can be said for the
retention of these functions in the Department of Labor during normal
times. I am convinced, however, that under existing conditions the
immigration and naturalization activities can best contribute to the
national well-being only if they are closely integrated with the
activities of the Department of Justice.
I am, therefore, transmitting herewith Reorganization Plan No. V
which I have prepared in accordance with the provisions of section 4 of
the Reorganization Act of 1939 (Public, No. 19, 76th Cong., 1st sess.)
approved April 3, 1939; and I declare that I have found that such
reorganization is necessary to accomplish one or more of the purposes of
section 1(a) (section 133 of this title) of the act:
1. To reduce expenditures;
2. To increase efficiency;
3. To consolidate agencies according to major purposes;
4. To reduce the number of agencies by consolidating those having
similar functions and by abolishing such as may not be necessary; and
5. To eliminate overlapping and duplication of effort.
This plan provides for transferring the Immigration and
Naturalization Service from the Department of Labor to the Department of
Justice. While it is designed to afford more effective control over
aliens, this proposal does not reflect any intention to deprive them of
their civil liberties or otherwise to impair their legal status. This
reorganization will enable the Government to deal quickly with those
aliens who conduct themselves in a manner that conflicts with the public
interest. No monetary savings are anticipated.
I realize that the Congress may adjourn before the termination of the
60-day period provided under the Reorganization Act, but in that event
and in view of the urgency of this matter I hope that it will take such
action as will permit this plan to go into effect.
Franklin D. Roosevelt.
The White House, May 22, 1940.
05 USC
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 1 OF 1946
05 USC REORGANIZATION PLAN NO. 1 OF 1946
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 1 OF 1946
Reorganization Plan No. 1 of 1946, which proposed abolition of the
Office of Inter-American Affairs and transfer of its functions to the
Department of State, abolition of the Office of United States High
Commissioner to the Philippine Islands, transfer of functions of the
Attorney General under the National Prohibition Act to the Commissioner
of Internal Revenue, transfer of functions of six research bureaus, the
Office of Experiment Stations, and the Agricultural Research Center to
the Secretary of Agriculture, transfer of functions of the Director and
Office of Contract Settlement under the Contract Settlement Act of 1944
to the Director and Office of War Mobilization and Reconversion,
consolidation of the agencies and functions of the National Housing
Agency into a permanent agency of the same name, and transfer of the
functions of the Farm Credit Administration and the Governor thereof and
of the Secretary of Agriculture under the Federal Credit Union Act to
the Federal Deposit Insurance Corporation, was submitted to Congress on
May 16, 1946, and was disapproved by Congress on July 15, 1946.
05 USC REORGANIZATION PLAN NO. 2 OF 1946
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 2 OF 1946
05 USC REORGANIZATION PLAN NO. 2 OF 1946
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 2 OF 1946
Dec. 20, 1945, ch. 582, 59 Stat. 613, as amended
Sept. 6, 1966, Pub. L. 89-554, 8(a), 80 Stat. 662
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, May 16, 1946, pursuant to the
provisions of the Reorganization Act of 1945, approved December 20,
1945.
(a) The Children's Bureau in the Department of Labor, exclusive of
its Industrial Division, is transferred to the Federal Security Agency.
All functions of the Children's Bureau and of the Chief of the
Children's Bureau except those transferred by subsection (b) of this
section, all functions of the Secretary of Labor under Title V of the
Social Security Act (49 Stat. 620, ch. 531), as amended (42 U.S.C. 701
et seq.), and all other functions of the Secretary of Labor relating to
the foregoing functions are transferred to the Federal Security
Administrator and shall be performed by him or under his direction and
control by such officers and employees of the Federal Security Agency as
he shall designate, except that the functions authorized by section 2 of
the act of April 9, 1912 (37 Stat. 79, ch. 73), as amended (former
section 192 of Title 40), and such other functions of the Federal
Security Agency as the Administrator may designate, shall be
administered, under his direction and control, through the Children's
Bureau.
(b) The functions of the Children's Bureau and of the Chief of the
Children's Bureau under the Fair Labor Standards Act of 1938 (52 Stat.
1060, ch. 676), as amended (29 U.S.C. 201 et seq.), are transferred to
the Secretary of Labor and shall be performed under his direction and
control by such officers and employees of the Department of Labor as he
shall designate.
The functions of the Secretary of Commerce, the Bureau of the Census,
and the Director of the Bureau of the Census with respect to vital
statistics (including statistics on births, deaths, marriages, divorces,
and annulments) are transferred to the Federal Security Administrator
and shall be performed under his direction and control by the United
States Public Health Service or by such officers and employees of the
Federal Security Agency as the Administrator shall designate.
(Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 662.
Section abolished the United States Employees' Compensation Commission
and transferred its functions to the Federal Security Agency. See
sections 8145 and 8149 of Title 5, Government Organization and
Employees.)
The functions of the Social Security Board in the Federal Security
Agency, together with the functions of its chairman, are transferred to
the Federal Security Administrator and shall be performed by him or
under his direction and control by such officers and employees of the
Federal Security Agency as he shall designate. The Social Security
Board is abolished.
In addition to the existing Assistant Federal Security Administrator,
there shall be not to exceed two assistant heads of the Federal Security
Agency, each of whom shall be appointed by the Federal Security
Administrator under the classified civil service, receive a salary at
the rate of $10,000 per annum, and perform such duties and head such
constituent unit of the Federal Security Agency as the Administrator may
provide.
The functions of the Office of Education and of the Commissioner of
Education under the act of June 20, 1936 (49 Stat. 1559, ch. 638) (20
U.S.C. 107 et seq.) are transferred to the Federal Security
Administrator and shall be performed under his direction and control by
such officers and employees of the Federal Security Agency as he shall
designate.
The functions of the Assistant Commissioner of Education, created by
the act of May 26, 1930 (46 Stat. 384, ch. 330) (former section 2a of
Title 20) are transferred to the Office of Education to be performed
under the direction and control of the Commissioner of Education by such
officers or employees of the Office as he may designate with the
approval of the Federal Security Administrator. The Office of Assistant
Commissioner of Education is abolished.
The Federal Board for Vocational Education and its functions are
abolished.
The Board of Visitors of St. Elizabeth's Hospital and its functions
are abolished.
In order to coordinate more fully the administration of grant-in-aid
programs by officers and constituent units of the Federal Security
Agency, the Federal Security Administrator shall establish, insofar as
practicable, (a) uniform standards and procedures relating to fiscal,
personnel, and the other requirements common to two or more such
programs, and (b) standards and procedures under which a State agency
participating in more than one such program may submit a single plan of
operation and be subject to a single Federal fiscal and administrative
review of its operation.
Suitable measures shall be taken by the Federal Security
Administrator to wind up those outstanding affairs of the agencies
herein abolished which are not otherwise disposed of by this plan.
The personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds (available or to be made
available), which the Director of the Bureau of the Budget shall
determine to relate primarily to the functions transferred hereunder are
transferred to the respective agencies concerned for use in the
administration of the functions so transferred, except that all of the
personnel, property, records, and funds of the Industrial Division of
the Children's Bureau shall be transferred to such agency or agencies of
the Department of Labor as the Secretary of Labor shall designate. Any
of the personnel transferred under this plan which the transferee agency
shall find to be in excess of the personnel necessary for the
administration of the functions transferred to such agency shall be
retransferred under existing law to other positions in the Government or
separated from the service.
To the Congress of the United States:
The fundamental strength of a nation lies within its people.
Military and industrial power are evidences, not the real source of
strength. Over the years the propserity of America and its place in the
world will depend on the health, the education, the ingenuity, and the
integrity of its people and on their ability to work together and with
other nations.
The most basic and at the same time the most difficult task of any
country is the conservation and development of its human resources.
Under our system of government this is a joint responsibility of the
Federal, State, and local governments, but in it the Federal Government
has a large and vital role to play. Through its research, advice,
stimulation, and financial aid, it contributes greatly to progress and
to the equalization of standards in the fields of education, health, and
welfare; and in the field of social insurance it also directly
administers a major segment of the program.
To meet its full responsibilities in these fields, the Federal
Government requires efficient machinery for the administration of its
social programs. Until 1939 the agencies in charge of these activities
were scattered in many parts of the Government. In that year President
Roosevelt took the first great step toward effective organization in
this area when he submitted Reorganization Plan 1, establishing the
Federal Security Agency --
to promote social and economic security, educational opportunity, and
the health of the citizens of the Nation.
The time has now come for further steps to strengthen the machinery
of the Federal Government for leadership and service in dealing with the
social problems of the country. Several programs closely bound up with
the objectives of the Federal Security Agency are still scattered in
other parts of the Government. As the next step, I consider it
essential to transfer these programs to the Federal Security Agency and
to strengthen its internal organization and management.
Broadly stated, the basic purpose of the Federal Security Agency is
the conservation and development of the human resources of the Nation.
Within that broad objective come the following principal functions:
Child care and development, education, health, social insurance, welfare
(in the sense of care of the needy and the defective), and recreation
(apart from the operation of parks in the public domain).
These functions constitute a natural family of closely related
services, interwoven at many points and in many ways. For example, the
development of day-care centers for children has involved joint planning
and service by specialists of the Children's Bureau, the Office of
Education, the Public Health Service, and several other agencies. The
schools are both a major consumer of public-health services and a
leading vehicle for health education and for disseminating the results
of research carried on by the Public Health Service. The promotion of
social security involves a whole battery of activities, especially
social insurance, public assistance, health, and child welfare.
In order to proceed as promptly as possible with the development of
the Federal Security Agency to meet the postwar responsibilities of the
Government within its field of activity, I am transmitting herewith
Reorganization Plan No. 2, which I have prepared in accordance with the
provisions of section 3 of the Reorganization Act of 1945 (Public Law
263, 79th Cong., 1st Sess.), approved December 20, 1945; and I declare
that, with respect to each reorganization made in this plan, I have
found that such reorganization is necessary to accomplish one or more of
the purposes of section 2 (a) of the act --
(1) To facilitate orderly transition from war to peace;
(2) To reduce expenditures and promote economy;
(3) To increase efficiency;
(4) To group, coordinate, and consolidate agencies and functions
according to major purposes;
(5) To reduce the number of agencies by consolidating those having
similar functions 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.
The plan includes certain interagency transfers and several
abolitions and changes in the internal organization of the Federal
Security Agency.
The plan transfers to the Federal Security Administrator the
functions of the Children's Bureau, except those relating to child labor
under the Fair Labor Standards Act. These child-labor functions are
transferred to the Secretary of Labor in order that they may be
performed by, or in close relationship with, the Wage and Hour Division
which administers the rest of the act. The plan continues the
Children's Bureau within the Federal Security Agency to deal with
problems of child life, but is flexible enough to enable the
Administrator to gear in the Bureau's programs effectively with other
activities of the Agency.
The child-labor program is the only permanent program of the
Children's Bureau that is properly a labor function. The other four --
child welfare, crippled children, child and maternal health, and
research in problems of child life -- all fall within the scope of the
Federal Security Agency. The transfer of the Children's Bureau will not
only close a serious gap in the work of the Agency, but it will
strengthen the child-care programs by bringing them into closer
association with the health, welfare, and educational activities with
which they are inextricably bound up.
The promotion of the education, health, welfare, and social security
of the Nation is a vast cooperative undertaking of the Federal, State,
and local governments. It involves numerous grant-in-aid programs and
complex intergovernmental relations. The transfer of the Children's
Bureau will simplify these relations and make for better cooperation.
To illustrate, State welfare departments now depend on both the
Bureau of Public Assistance in the Federal Security Agency and the
Children's Bureau in the Labor Department for funds for child-care
activities. Similarly, State health departments obtain grants from the
Public Health Service for general public health work and from the
Children's Bureau for child and maternal health activities. All of
these grants involve the establishment of minimum standards and a
measure of Federal supervision. The transfer of the Children's Bureau
programs will make it possible to develop more consistent policies and
procedures and to simplify dealings with the States. This will
eliminate needless inconvenience for both parties and enable the State
and Federal Governments to join more efficiently in their common
objective of furthering the health and welfare of the American child.
Next, the plan transfers the vital statistics functions of the Census
Bureau to the Federal Security Administrator, to be performed through
the Public Health Service or other facilities of the Federal Security
Agency. In every State but one the State health department is in charge
of vital statistics. The work in the States is partially financed from
public-health grants administered by the Public Health Service. This
transfer will make the agency providing the grants also responsible for
carrying on the Federal part of the vital statistics program.
Furthermore, it will make for a better correlation of vital statistics
with morbidity statistics, which are closely connected in nature and are
already handled by the Public Health Service. In addition, the Federal
Security Agency, more than any other Federal agency in peacetime,
depends on vital statistics and vital records in the operation of its
programs.
The plan transfers the functions of the United States Employees
Compensation Commission to the Federal Security Administrator, and
provides for a three-member board of appeals to hear and finally decide
appeals on claims of Government employees. By abolishing the
Commission, the plan eliminates a small agency and lightens the burden
on the President. The Federal Security Administrator, as the head of
the Federal agency with the greatest experience in insurance
administration, is in the best position to guide and further the program
of the Commission.
The abolition of the Commission as an administrative body and the
creation of an appeals board will provide the advantages of a single
official in charge of operations while affording claimants the
protection of a three-member board for the final decision of appeals on
claims. This arrangement has proved both administratively efficient and
satisfactory to claimants in many similar programs. It is essentially
the plan used in the administration of veterans' pensions and old-age
and survivors insurance and employed by many States in their workmen's
compensation programs. The board of appeals created by this plan will
deal only with claims of Government employees since appeals on other
types of claims under the jurisdiction of the Commission -- (a)
longshoremen and harbor workers and (b) private employees in the
District of Columbia -- are heard by the Federal district courts rather
than the Commission.
The reorganization plan which created the Federal Security Agency in
1939 provided that the Federal Security Administrator should direct and
supervise the Social Security Board, and that he might assign
administrative duties to the Chairman of the Board, rather than to the
Board as a whole. Thus, it took the first step toward establishing a
definite line of responsibility for the administration of social
security functions in the Agency. The plan I am now submitting further
clarifies these lines of responsibility by providing for the normal type
of internal organization used in Federal departments and agencies.
A full-time board in charge of a group of bureaus within an agency is
at best an anomaly. The Social Security Board rendered an outstanding
service in launching the social-security program, and its members
deserve the thanks of the Nation for this achievement. That program,
however, is now firmly established and its administration needs to be
tied in more fully with other programs of the Federal Security Agency.
The existence of a department within a department is a serious barrier
to effective integration.
In order to obtain more expeditious and effective direction for the
social-security program and to further the development of the Federal
Security Agency, this plan transfers the functions of the Social
Security Board to the Federal Security Administrator and provides for
not more than two new assistant heads of the Agency for the
administration of the program. Because of the additional functions
transferred to the Administrator by this plan, I have found that these
officers will be needed to assist him in the general management of the
Agency and to head the constituent unit or units which the Administrator
will have to establish for the conduct of social-security activities.
To permit a consolidation of work for the blind, the functions of the
Office of Education as to the vending-stand program for the blind are
transferred to the Federal Security Administrator, in whom are vested
other vocational rehabilitation functions. This transfer will permit
the program to be assigned to the Office of Vocational Rehabilitation,
where other vocational rehabilitation activities for the blind are now
concentrated.
The office of Assistant Commissioner of Education, established by the
act of May 26, 1930, is abolished. A basic reorganization of the Office
of Education within the past year has made this officer the head of one
of the divisions of the Office. It is, therefore, administratively
desirable to abolish the post of Assistant Commissioner in conformity
with the present organization of the Office.
The plan also abolishes the Federal Board of Vocational Education and
its functions. The Board, established by the act of February 23, 1917,
as amended (20 U.S.C. 11 et seq.), formerly had charge of the
administration of the vocational-education program. Section 15 of
Executive Order 6166, of June 10, 1933, issued under authority of the
act of June 30, 1932 (47 Stat. 413, ch. 314), as amended, transferred
the administration of the program to the Office of Education and limited
the Board to acting in an advisory capacity. The Advisory Committee on
Education, on the basis of its study of the vocational-education system,
found that the Board was no longer needed and recommended its abolition.
To avoid possible confusion and conflict of authority, the Board of
Visitors of St. Elizabeths Hospital and its functions are abolished.
The functions of the Board, as provided by section 4842 of the Revised
Statutes include supervision of the institution and the adoption of its
bylaws, in addition to visiting the institution and advising the
superintendent. These functions overlap the responsibilities of the
Federal Security Administrator for the general supervision and direction
of the hospital.
In order to enable the Administrator more adequately to coordinate
the administration of the grant-in-aid programs vested by statute in the
constituent units of the Federal Security Agency, the plan provides
that, insofar as practicable and consistent with the applicable
legislation, he shall establish uniform standards and procedures for
these programs and permit States to submit a single plan of operation
for related grant-in-aid programs. Most of these programs involve the
establishment of certain minimum standards on fiscal, personnel, and
other aspects of administration in the States. In many cases the same
State agency is operating under two or more grant-in-aid programs. Much
needless inconvenience and confusion can be avoided for all concerned by
unifying Federal standards and combining State plans for the operation
of the programs in such cases.
After careful consideration of a number of other agencies and
functions I have refrained from proposing in this plan their transfer to
the Federal Security Agency. Most of these involve activities which,
though related to the functions of the Federal Security Agency, are
incidental to the purpose of other agencies or are connected so closely
with such agencies as to make transfer undesirable. A few are
activities which should probably be shifted in whole or in part to the
Federal Security Agency, but I believe such shifts can best be
accomplished by interagency agreement or action in connection with
appropriations.
The reorganization plan here presented is a second important step in
building a central agency for the administration of Federal activities
primarily relating to the conservation and development of human
resources; but, while this step is important in itself, I believe that
a third step should soon be taken. The time is at hand when that agency
should be converted into an executive department.
The size and scope of the Federal Security Agency and the importance
of its functions clearly call for departmental status and a permanent
place in the President's Cabinet. In number of personnel and volume of
expenditures the Agency exceeds several of the existing departments.
Much more important, the fundamental character of its functions --
education, health, welfare, social insurance -- and their significance
for the future of the country demand for it the highest level of
administrative leadership and a voice in the central councils of the
executive branch.
Accordingly, I shall soon recommend to the Congress that legislation
be promptly enacted making the Federal Security Agency an executive
department, defining its basic purpose, and authorizing the President to
transfer to it such units and activities as come within that definition.
The people expect the Federal Government to meet its full
responsibilities for the conservation and development of the human
resources of the Nation in the years that lie ahead. This
reorganization plan and the legislation that I shall propose will
provide the broad and firm foundation required for the accomplishment of
that objective.
Harry S. Truman.
The White House, May 16, 1946.
05 USC REORGANIZATION PLAN NO. 3 OF 1946
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 3 OF 1946
05 USC REORGANIZATION PLAN NO. 3 OF 1946
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 3 OF 1946
Dec. 20, 1945, ch. 582, 59 Stat. 613, as amended
Reorg. Plan No. 1 of 1963, eff. July 27, 1963, 28
R. 7659, 77 Stat. 869
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, May 16, 1946, pursuant to the
provisions of the Reorganization Act of 1945, approved December 20,
1945.
Coast Guard
(a) There are hereby transferred to the Commandant of the Coast Guard
those functions of the bureau, offices, and boards specified in the
first sentence of section 104 of this plan, and of the Secretary of
Commerce, which pertain to approval of plans for the construction,
repair, and alteration of vessels; approval of materials, equipment,
and appliances; classification of vessels; inspection of vessels and
their equipment and appliances; issuance of certificates of inspection,
and of permits indicating the approval of vessels for operations which
may be hazardous to life or property; administration of load line
requirements; enforcement of other provisions for the safety of life
and property on vessels; licensing and certificating of officers,
pilots, and seamen; suspension and revocation of licenses and
certificates; investigation of marine casualties; enforcement of
manning requirements, citizenship requirements, and requirements for the
mustering and drilling of crews, control of logbooks; shipment,
discharge, protection, and welfare of merchant seamen; enforcement of
duties of shipowners and officers after accidents; promulgation and
enforcement of rules for lights, signals, speed, steering, sailing,
passing, anchorage, movement, and towlines of vessels and lights and
signals on bridges; numbering of undocumented vessels; prescription
and enforcement of regulations for outfitting and operation of
motorboats; licensing of motorboat operators; regulation of regattas
and marine parades; all other functions of such bureau, offices, and
boards which are not specified in section 102 of this plan: and all
other functions of the Secretary of Commerce pertaining to those
functions of the agencies abolished under section 104 of this plan which
are not specified in section 102 of this plan, including the remission
and mitigation of fines, penalties, and forfeitures incurred under the
laws governing these functions and those incurred under the act of
December 17, 1941, 55 Stat. 808, as amended.
(b) The functions relating to the award of numbers to undocumented
vessels vested by law in the collectors of customs are hereby
transferred to the Commandant of the Coast Guard.
There are hereby transferred to the Commissioner of Customs those
functions of the bureau, offices, and boards specified in the first
sentence of section 104 of this plan, and of the Secretary of Commerce,
which pertain to registry, enrollment, and licensing of vessels,
including the issuance of commissions to yachts, the assignment of
signal letters, and the preparation of all reports and publications in
connection therewith; measurement of vessels, administration of tonnage
duties, and collection of tolls; entry and clearance of vessels and
aircraft, regulation of vessels in the coasting and fishing trades, and
limitation of the use of foreign vessels in waters under the
jurisdiction of the United States; recording of sales, conveyances, and
mortgages of vessels; protection of steerage passengers; all other
functions of such bureau, offices, and boards which were performed by
the Bureau of Customs on behalf thereof immediately prior to the
effective date of Executive Order No. 9083 of February 28, 1942 (7 F.R.
1609); and the power to remit and mitigate fines, penalties, and
forfeitures incurred under the laws governing these functions.
The functions transferred by sections 101 and 102 of this plan may be
performed through such officers and employees of the United States Coast
Guard and the Bureau of Customs, respectively, as may be designated by
the Commandant of the Coast Guard and the Commissioner of Customs,
respectively, and shall be performed subject to the direction and
control of the Secretary of the Treasury except as otherwise required by
law with respect to the United States Coast Guard whenever it operates
as a part of the Navy.
The Bureau of Marine Inspection and Navigation, the office of the
director thereof, the offices of supervising inspectors, principal
traveling inspectors, local inspectors, assistant inspectors, shipping
commissioners, deputy shipping commissioners, and the board of
supervising inspectors, the boards of local inspectors, the marine
casualty investigation board, and the marine boards are hereby
abolished. The Secretary of the Treasury shall provide for winding up
those affairs of the said abolished agencies which are not otherwise
disposed of herein.
Persons
(a) The functions of St. Elizabeths Hospital and the Superintendent
thereof, and of the Federal Security Agency and the Federal Security
Administrator, with respect to the care, treatment, and custody of
insane persons as provided in section 4843 of the Revised Statutes (24
U.S.C. 191) are hereby transferred or abolished as follows:
(1) Functions with respect to insane persons belonging to the Army or
falling, by reason of employment or service in the Army, within any of
the categories enumerated in said section, are transferred to the
Secretary of War (now the Secretary of the Army) and shall be performed
by the Secretary or, subject to his direction and control, by such
officers and agencies of the Department of War (now the Department of
the Army) as he may designate.
(2) Functions with respect to insane persons belonging to the Navy or
falling, by reason of prior service in the Navy, within any of the
categories enumerated in said section, are transferred to the Secretary
of the Navy and shall be performed by the Secretary or, subject to his
direction and control, by such officers and agencies of the Department
of the Navy as he may designate. (For the purposes of this subparagraph
(2), the Marine Corps but not the Coast Guard is included in the Navy.)
(3) Functions with respect to insane persons belonging to the Coast
Guard are abolished.
(b) Nothing in subsection (a) of this section shall affect the
functions and authority of St. Elizabeths Hospital, the Superintendent
thereof, the Federal Security Agency, or the Federal Security
Administrator, with respect to any person heretofore admitted to St.
Elizabeths Hospital and a patient therein on the effective date of this
plan under the provisions of section 4843 of the Revised Statutes (24
U.S.C. 191), or the functions and authority of said officers and
agencies or of the Public Health Service with respect to Coast Guard
members as beneficiaries of the Public Health Service, as provided by
section 504 of the Public Health Service Act (58 Stat. 710, 42 U.S.C.
222).
The Hydrographic Office and the Naval Observatory, together with
their respective functions, are hereby transferred from the Bureau of
Naval Personnel, Department of the Navy, to the Chief of Naval
Operations, and shall be administered, subject to the direction and
control of the Secretary of the Navy, under the Chief of Naval
Operations.
The Paymaster's Department of the United States Marine Corps and the
Quartermaster's Department of the United States Marine Corps, and the
functions of such departments, are hereby consolidated to form a single
new agency, which shall be known as the Supply Department of the United
States Marine Corps, and at the head of which there shall be the
Quartermaster General of the Marine Corps. The office and title of
''The Paymaster General of the Marine Corps,'' provided for in the Act
of March 24, 1944 (58 Stat. 121) are hereby abolished.
Franklin D. Roosevelt Library
(Superseded. Reorg. Plan No. 1 of 1963, eff. July 27, 1963, 28 F.R.
7659, 77 Stat. 869. Section transferred to the Secretary of the Interior
the functions of the Commissioner of Public Buildings and the Archivist
of the United States under sections 206 and 207, respectively, of the
Act of July 18, 1939, 53 Stat. 1062, relating to care and maintenance of
buildings and collection of fees from visitors.)
The functions of the Secretary of Agriculture and the Department of
Agriculture with respect to the uses of mineral deposits in certain
lands pursuant to the provisions of the Act of March 4, 1917 (39 Stat.
1134, 1150, 16 U.S.C. 520), Title II of the National Industrial Recovery
Act of June 16, 1933 (48 Stat. 195, 200, 202, 205, 40 U.S.C. 401,
403(a) and 408), the 1935 Emergency Relief Appropriation Act of April 8,
1935 (48 Stat. 115, 118), section 55 of Title I of the Act of August 24,
1935 (49 Stat. 750, 781), and the Act of July 22, 1937 (50 Stat. 522,
525, 530), as amended July 28, 1942 (56 Stat. 725, 7 U.S.C. 1011(c) and
1018), are hereby transferred to the Secretary of the Interior and shall
be performed by him or, subject to his direction and control, by such
officers and agencies of the Department of the Interior as he may
designate: Provided, That mineral development on such lands shall be
authorized by the Secretary of the Interior only when he is advised by
the Secretary of Agriculture that such development will not interfere
with the primary purposes for which the land was acquired and only in
accordance with such conditions as may be specified by the Secretary of
Agriculture in order to protect such purposes. The provisions of law
governing the crediting and distribution of revenues derived from the
said lands shall be applicable to revenues derived in connection with
the functions transferred by this section. To the extent necessary in
connection with the performance of the functions transferred by this
section, the Secretary of the Interior and his representatives shall
have access to the title records of the Department of Agriculture
relating to the lands affected by this section.
(a) The functions of the General Land Office and of the Grazing
Service in the Department of the Interior are hereby consolidated to
form a new agency in the Department of the Interior to be known as the
Bureau of Land Management. The functions of the other agencies named in
subsection (d) of this section are hereby transferred to the Secretary
of the Interior.
(b) There shall be at the head of such Bureau a Director of the
Bureau of Land Management, who shall be appointed by the Secretary of
the Interior under the classified civil service, who shall receive a
salary at the rate of $10,000 per annum, and who shall perform such
duties as the Secretary of the Interior shall designate.
(c) There shall be in the Bureau of Land Management an Associate
Director of the Bureau of Land Management and so many Assistant
Directors of the Bureau of Land Management as may be necessary, who
shall be appointed by the Secretary of the Interior under the classified
civil service and subject to the Classification Act of 1923, as amended,
and who shall perform such duties as the Secretary of the Interior may
prescribe.
(d) The General Land Office, the Grazing Service, the offices of
Commissioner of the General Land Office, Assistant Commissioner of the
General Land Office, Director of the Grazing Service, all Assistant
Directors of the Grazing Service, all registers of the district land
offices, and United States Supervisor of Surveys, together with the
Field Surveying Service now known as the Cadastral Engineering Service,
are hereby abolished.
(e) The Bureau of Land Management and its functions shall be
administered subject to the direction and control of the Secretary of
the Interior, and the functions transferred to the Secretary by
subsection (a) of this section shall be performed by the Secretary or,
subject to his direction and control, by such officers and agencies of
the Department of the Interior as he may designate.
Department of Agriculture
The following functions are hereby transferred to the Secretary of
Agriculture and shall be performed by him or, subject to his direction
and control, by such officers and agencies of the Department of
Agriculture as he shall designate:
(a) All functions of the Agricultural Adjustment Administration and
the Surplus Marketing Administration and of the respective heads of such
Administrations.
(b) The administration of the programs of the Federal Crop Insurance
Corporation and the Commodity Credit Corporation.
Standards
The following functions are hereby transferred to the Secretary of
Commerce and shall be performed, subject to his direction and control,
by such officers and agencies of the Department of Commerce as he may
designate:
(a) Those functions of the National Bureau of Standards under section
2 of the Act of March 3, 1901 (31 Stat. 1449) (15 U.S.C. 272) which are
now performed by the Division of Commercial Standards of said Bureau,
namely, (1) to assist, coordinate, and cooperate with groups of
consumers, distributors or producers, technical organizations, and other
persons, in the voluntary establishment, maintenance, recording,
publishing, and promoting of commercial standards as a national and
internationally recognized basis for testing, grading, labeling,
marketing, guaranteeing, or accepting staple, manufactured commodities
moving in daily domestic and foreign trade; and (2) to assist in the
development of Federal purchase standards specifications and in
providing information to the public and the Government of such standards
and specifications.
(b) Those functions of said Bureau under said section 2 which are now
performed by the Division of Simplified Trade and Practices of said
Bureau, namely, to assist, coordinate, and cooperate with individuals
and groups of producers, distributors and users in establishing,
recording, publishing, and promoting a Nation-wide program for the
elimination of avoidable waste through the formulation of simplified
trade practice recommendations which identify and list the sizes, types,
dimensions, and varieties of products that are in national demand in the
country, including but not limited to simplified trade practice
recommendations concerning the following commodities: Wood, textiles,
paper and rubber products, metal and mechanical products, containers and
miscellaneous products, materials handling equipment, ceramic products,
electrical products, construction materials, and metal and woodworking
tools.
(c) So much of the functions of the Director of said Bureau as
relates to the foregoing activities.
(References to National Bureau of Standards deemed to refer to
National Institute of Standards and Technology pursuant to section
5115(c) of Pub. L. 100-418, set out as a Change of Name note under 15
U.S.C. 271.)
The functions of the National Labor Relations Board under section 8
of the War Labor Disputes Act (57 Stat. 162, 167, ch. 144) (former
section 1508 of Title 50, Appendix) with respect to taking secret
ballots of employees on the question of an interruption of war
production are hereby abolished.
The functions of the Board of Directors of the Canal Zone Biological
Area (which Board is provided for in the Act of July 2, 1940, 54 Stat.
724, ch. 516) (20 U.S.C. 79 et seq.), together with the functions of the
executive officer of such Board, are hereby transferred to the
Smithsonian Institution. The said Board of Directors and the office of
the said executive officer are hereby abolished.
Training and Service Act of 1940
There is hereby transferred to the United States Employment Service
so much of the functions of the Selective Service System and of the
Director of Selective Service under section 8(g) of the Selective
Training and Service Act of 1940 (54 Stat. 890, ch. 720) (former section
308(g) of Title 50, Appendix) as relates to aiding persons who have
satisfactorily completed any period of active duty or of training and
service under the said act in securing positions other than the
positions held by them prior to said period.
and Funds
There are hereby transferred to the respective agencies in which
functions are vested pursuant to the provisions of this plan, to be
used, employed, and expended in connection with such functions,
respectively, or in connection with winding up the outstanding affairs
of agencies abolished by this plan, (1) the records and property now
being used or held in connection with such functions, (2) the personnel
employed in connection with such functions, and (3) the unexpended
balances of appropriations, allocations, or other funds available or to
be made available for use in connection with such functions.
Any of the personnel transferred under this plan which the transferee
agency shall find to be in excess of the personnel necessary for the
administration of the functions transferred to such agency by such plan
shall be retransferred under existing law to other positions in the
Government or separated from the service.
Such further measures and dispositions as the Director of the Bureau
of the Budget shall determine to be necessary in order to effectuate the
provisions of this part or in order to wind up the outstanding affairs
relating to agencies or functions abolished by this plan shall be
carried out in such manner as the Director may direct and by such
agencies as he may designate.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 3 of 1946, prepared in
accordance with the provisions of the Reorganization Act of 1945.
The plan contains reorganizations affecting a number of departments
and establishments. Some continue on a permanent basis changes made by
Executive order under authority of the First War Powers Act. A few make
adjustments in the distribution of functions among agencies. The
remainder deal with problems of organization within individual agencies.
All are concerned with improving and simplifying particular phases of
Government administration.
Each proposal is explained in more detail under the appropriate
heading below.
I have found, after investigation, that each reorganization contained
in the plan is necessary to accomplish one or more of the purposes set
forth in section 2(a) of the Reorganization Act of 1945.
The functions of the Bureau of Marine Inspection and Navigation were
transferred from the Department of Commerce to the Coast Guard and the
Bureau of Customs in 1942 by Executive order under the First War Powers
Act. This arrangement has been proved successful by the experience of
the past 4 years. Part I of the reorganization plan continues the
arrangement on a permanent basis.
The principal functions of the Bureau of Marine Inspection and
Navigation were those of the inspection of vessels and their equipment,
the licensing and certificating of officers and seamen, and related
functions designed to safeguard the safety of life and property at sea.
Thus these functions are related to the regular activities and general
purposes of the Coast Guard. The Coast Guard administered them
successfully during the tremendous expansion of wartime shipping, by
virtue of improvements in organization and program, many of which ought
to be continued.
The plan also transfers to the Coast Guard the functions of the
collectors of customs relating to the award of numbers to undocumented
vessels. These functions, too, were temporarily transferred to the
Coast Guard in 1942.
The plan transfers to the Commissioner of Customs the functions of
the Bureau of Marine Inspection and Navigation and the Secretary of
Commerce, relating to the documentation of vessels, measurement of
vessels, administration of tonnage tax and tolls, entry and clearance of
vessels and aircraft, regulation of coastwise trade and fisheries,
recording of conveyances and mortgages of vessels, and protection of
steerage passengers. These functions have always been performed at the
ports by the customs service, although legal responsibility for their
supervision was vested in the Bureau of Marine Inspection and Navigation
and the Secretary of Commerce until transferred temporarily to the
Commissioner of Customs under the wartime reorganization power.
The proposed transfer will permit more efficient administration by
ending divided responsibility.
Prior to World War I practically all mental patients for whom the
Federal Government was legally obligated to provide hospital care and
treatment, including personnel of the armed forces, were hospitalized in
St. Elizabeths Hospital, Washington, D. C. In addition, this hospital
served as the mental hospital for the District of Columbia government.
Following World War I, the responsibility for hospital care of mentally
ill war veterans was assigned to the Veterans' Administration. Somewhat
later, specialized hospital facilities were provided by the Bureau of
Prisons of the Department of Justice to enable that agency to care for
prisoners suffering from mental disorders.
With the growth in the population of the District of Columbia and the
wartime expansion of the armed forces, the facilities of St. Elizabeths
Hospital became inadequate. The War Department therefore established
its own mental hospitals at the outset of World War II. Furthermore it
became necessary a year ago for the Navy Department to discontinue the
use of St. Elizabeths and to assume the responsibility for the care of
its mental patients.
Since the return of the Coast Guard to the Treasury Department, the
Public Health Service now provides care in its mental hospitals for
personnel of the Coast Guard in accordance with the basic responsibility
delegated to it in the Public Health Service Code enacted in 1944. The
plan abolishes the functions of St. Elizabeths Hospital with respect to
insane persons belonging to the Coast Guard which are provided for by
section 4843 of the Revised Statutes (24 U.S. C. 191).
Responsibility for the care of mental patients has been allocated on
the basis of the four broad categories of beneficiaries, namely, (1)
veterans, to be cared for by the Veterans' Administration; (2) military
and naval personnel, to be cared for by the War and Navy Departments;
(3) prisoners, for whom the Department of Justice will be responsible;
and (4) other civilians, to be cared for by the Federal Security Agency.
The reorganization plan, in order to carry out this policy, provides
for the transfer or abolition of certain functions and legal
responsibilities now resting with the Federal Security Administrator and
Superintendent of St. Elizabeths Hospital.
The plan transfers the Hydrographic Office and the Naval Observatory
from the Bureau of Naval Personnel to the Office of the Chief of Naval
Operations. The plan would confirm and make permanent the action taken
in 1942 by Executive Order No. 9126. Under the First War Powers Act.
The functions performed by both the Hydrographic Office and the Naval
Observatory relate primarily to operational matters and thus are more
appropriately placed in the Office of the Chief of Naval Operations than
in the Bureau of Naval Personnel. This fact was recognized in the
realinement of naval functions at the outbreak of the war. The plan
merely confirms an organizational relationship which has existed
successfully for the past 4 years.
The plan consolidates the Paymaster's Department and the
Quartermaster's Department of the United States Marine Corps into a
single Supply Department. This consolidation will establish in the
Marine Corps an integrated supply organization which parallels that of
the Navy Department's Bureau of Supplies and Accounts.
The consolidation will make possible a more efficient and more
economical organization of the companion functions of supply and
disbursement, eliminating the present handling of related items by two
separate departments of the Corps.
At the present time, the National Park Service, the Public Buildings
Administration, and the Archivist of the United States all perform
''housekeeping'' functions at the Franklin D. Roosevelt Library and
home at Hyde Park. The plan unifies in the National Park Service
responsibility for activities of this character at Hyde Park -- that is,
the maintenance and protection of buildings and grounds, the collection
of fees, and the handling of traffic and visitors. Because of its wide
experience in the administration of historic sites, the National Park
Service is the logical agency to assume the combined functions.
Transfer of these functions does not affect the responsibility of the
Archivist for the contents and professional services of the library
proper. It also does not affect the present disposition of the
receipts, which is provided by law.
The plan transfers to the Department of the Interior jurisdiction
over mineral deposits on lands held by the Department of Agriculture.
The Department of the Interior now administers the mining and mineral
leasing laws on various areas of the public lands, including those
national forests established on parts of the original public domain.
The Department of Agriculture, on the other hand, has jurisdiction with
respect to mineral deposits on (1) forest lands acquired under the Weeks
Act, (2) lands acquired in connection with the rural rehabilitation
program, and (3) lands acquired by the Department as a part of the
Government's effort to retire submarginal lands.
Accordingly this reorganization plan provides that these mineral
deposits on lands of the Department of Agriculture will be administered
by the Department of the Interior, which already has the bulk of the
Federal Government's mineral leasing program.
The plan further provides that the administration of mineral leasing
on these lands under the jurisdiction of the Department of Agriculture
will be carried on subject to limitations necessary to protect the
surface uses for which these lands were primarily acquired.
The plan consolidates the General Land Office and the Grazing Service
of the Department of the Interior into a Bureau of Land Management.
The General Land Office and the Grazing Service now divide
responsibility for the major portion of the multiple-use federally owned
lands now held by the Department of the Interior. The lands under
jurisdiction of the two agencies are comparable in character and in use.
In some functions the two agencies employ the same type of personnel
and use the same techniques. Other functions are divided between the
agencies, so that both are engaged in management of various aspects of
the same land. Consolidating these two agencies will permit the
development of uniform policies and the integration of two organizations
whose responsibilities now overlap.
Integration of the activities of the two agencies will make possible
greater utilization and thus more economic use of expert skills. The
same practical experience embraced in range administration on public
lands in grazing districts will be available for public lands outside
the districts.
Utilization of lands within grazing districts for nongrazing purposes
will be subject to only one classification examination, rather than dual
examination as is now necessary. Economy will be possible in the
construction of range improvements, wherever feasible, to serve lands
both in and out of districts. Legal procedures, such as adjudication of
issues relating to licenses and leases, hearings on appeal from
administrative decisions, and the processing of trespass cases, will
benefit from unified administration and handling.
In such activities as fire protection, soil and moisture
conservation, management of public lands under agreement with other
agencies (e.g., Bureau of Reclamation), range surveys, maintenance and
improvement of stock driveways, and stabilization of range use on all
public domain, the benefits of consolidation will become increasingly
apparent. Further, records relating to grazing lands can be
concentrated in fewer field offices and hence administered more
effectively.
While the establishment of a new Bureau of Land Management under a
Director involves the abolition of the Commissioner and Assistant
Commissioners of the General Land Office, the Director and Assistant
Directors of Grazing, the Registers of District Land Offices, and the
United States Supervisor of Surveys, the statutory functions now
discharged by these officers are in no way modified. This plan will
place final responsibility for these functions in the Secretary of the
Interior and make him responsible for their performance in coordination
with the other land activities of his Department. Officers whose offices
are specifically abolished, but whose experience will make them valuable
to the Department, should be available for appointment in the new
Bureau.
I have found and declare that by reason of the reorganization made by
the plan the responsibilities and duties of the Bureau of Land
Management are of such nature as to require the inclusion in the plan of
provisions for the appointment and compensation of a Director, an
Associate Director, and Assistant Directors.
To enable the Department of Agriculture to meet its responsibilities
for food production and distribution during the war, there was early and
continuing coordination of its programs directly concerned with these
phases of the food problem. Beginning with Executive Order No. 9069 of
February 23, 1942, those programs and agencies dealing with food
production and distribution were gradually consolidated by a series of
Executive orders issued under the authority of the First War Powers Act.
By Executive Order No. 9334 of April 19, 1943, they were all grouped
into a War Food Administration, under a War Food Administrator.
When the fighting was drawing to a close and the emergency purposes
of the War Food Administration had been largely accomplished, this
Administration was terminated by Executive Order No. 9577 of June 29,
1945, and its functions and agencies were transferred back to the
jurisdiction of the Secretary of Agriculture. Executive Order No. 9577
also authorized the Secretary of Agriculture to organize and administer
the transferred functions and agencies in the manner which he deemed
best.
Under this authority the Secretary established the Production and
Marketing Administration in August 1945. Into this Administration he
consolidated the functions of many of the production and marketing
agencies which were transferred back from the War Food Administration.
Included were the functions of the Agricultural Adjustment
Administration and the Surplus Marketing Administration and the
administration of the programs of the Federal Crop Insurance Corporation
and the Commodity Credit Corporation.
The plan transfers these functions to the Secretary of Agriculture,
in order to permit him to continue the consolidation already effected in
the Production and Marketing Administration. This provision makes it
possible to maintain the close coordination and integration of
food-production and distribution programs, with the resulting benefits
that were achieved during the war. It also provides the Secretary with
the necessary flexibility to make adjustments in the coordination and
administration of these programs to meet changing conditions and new
problems, a flexibility which he particularly needs at this period of
acute food shortages throughout the world.
The plan transfers the functions of two Divisions of the National
Bureau of Standards in the Department of Commerce, namely, the Division
of Simplified Trade Practices and the Division of Commercial Standards,
to the Secretary of Commerce. The transfer will permit the Secretary to
reassign these functions to the Office of Domestic Commerce, which is
the focal point of the Department's general service functions for
American business.
These two Divisions were established as a result of the
standardization work initiated in World War I. Both Divisions have
followed the same basic procedure of assisting the producers and the
consumers of particular products to agree among themselves on certain
standards or on a certain limited number of varieties. Each such
voluntary agreement is then published by the National Bureau of
Standards and, although not compulsory, has tended to become the
generally accepted practice in the trade.
Standardization again proved to be an important device for
accelerating production in World War II, and industry has shown renewed
interest in continuing these wartime conservation and rationalization
programs on a voluntary basis in the production of peacetime products.
The desirability of the proposed transfer was emphasized only a few
months ago by the report of a committee of prominent businessmen
appointed by the Secretary of Commerce to review the entire question of
the Government's activities in this field. These studies indicate that
two major benefits will result from the transfer.
First, the association of the two Divisions with the National Bureau
of Standards has perhaps tended to give the impression in some quarters
that voluntary standards and trade practices worked out by industry with
the help of these two Divisions are in some sense Government standards
which are enforced on the basis of scientific and objective tests. The
transfer of these two Divisions to the Department proper would reduce
any such misconceptions, and make it clear that these standards and
simplified practices are voluntary industry agreements in the making of
which the Government acts merely in an advisory capacity.
Second, the other general services of the Department to American
business, such as marketing, management, and economic and statistical
services, are now concentrated in the Office of Domestic Commerce. The
association of these two Divisions with these other services to business
will facilitate their work and enable them to make use of the wide
industrial and business contacts of the Office of Domestic Commerce.
The plan abolishes the function of conducting strike ballots which
was vested in the National Labor Relations Board by section 8 of the War
Labor Disputes Act (57 Stat. 167, ch. 144). Experience indicates that
such elections under the act do not serve to reduce the number of
strikes and may even aggravate labor difficulties. The Congress has
already forbidden the Board to expend any of its appropriations for the
current fiscal year for this activity (First Deficiency Appropriation
Act of 1946). I believe that the function should now be permanently
abolished.
The plan transfers responsibility for the Canal Zone Biological Area
to the Smithsonian Institution. At present the Canal Zone Biological
Area is an independent agency of the Government, having as its function
the administration of Barro Colorado Island in Gatun Lake as a tropical
wildlife preserve and research laboratory. The Board of Directors of
this agency consists of the President of the National Academy of
Sciences as Chairman, the Secretary of the Smithsonian Institution,
three members of the Cabinet -- the Secretaries of War, Interior, and
Agriculture -- and three biologists.
The transfer will locate this function with comparable and related
functions already assigned to the Smithsonian Institution whose staff
members have participated since the beginning in developing the island
as a research center. It will reduce by one the number of Government
agencies. It will relieve three Cabinet members of routine duties not
important enough to warrant their personal attention.
Under its existing authority the Smithsonian Institution may
constitute an advisory board of biologists and departmental
representatives if it finds such action necessary.
The plan transfers to the United States Employment Service the
functions of the Selective Service System and its Director with respect
to assisting ex-servicemen in obtaining new positions. These functions
directly overlap the regular placement activities of the United States
Employment Service, which is required to provide a special placement
service for veterans both by its basic act and by the Servicemen's
Readjustment Act of 1944. The transfer is in line with the policy of
the Congress on the placement of veterans as most recently expressed in
the 1944 act. The shift will prevent needless duplication of personnel
and facilities and will assure the best service to veterans.
Harry S. Truman.
The White House, May 16, 1946.
05 USC REORGANIZATION PLAN NO. 1 OF 1947
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 1 OF 1947
05 USC REORGANIZATION PLAN NO. 1 OF 1947
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 1 OF 1947
1949, ch. 288, title VI, 602(a)(1), formerly title
V, 502(a)(1), 63 Stat. 399, redesignated Sept. 5,
1950, ch. 849, 6(a), (b), 64 Stat. 583; Sept. 13,
1982, Pub. L. 97-258, 5(b), 96 Stat. 1068, 1085
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, May 1, 1947, pursuant to the
provisions of the Reorganization Act of 1945, approved December 20,
1945.
(a) Except as provided by subsection (b) of this section, all
functions vested by law in the Alien Property Custodian or the Office of
Alien Property Custodian are transferred to the Attorney General and
shall be performed by him or, subject to his direction and control, by
such officers and agencies of the Department of Justice as he may
designate.
(b) The functions vested by law in the Alien Property Custodian or
the Office of Alien Property Custodian with respect to property or
interests located in the Philippines or which were so located at the
time of vesting in or transfer to an officer or agency of the United
States under the Trading With the Enemy Act, as amended (50 App. U.S.C.
1 et seq.), are transferred to the President and shall be performed by
him or, subject to his direction and control, by such officers and
agencies as he may designate.
The function of the President with respect to approving
determinations of the Secretary of Agriculture in connection with
agricultural marketing orders, under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 608c(9)), is abolished.
(Repealed. Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
Section transferred various contract settlement functions to the
Secretary of the Treasury and abolished the Office of Contract
Settlement.)
The functions of the Attorney General and of the Department of
Justice with respect to (a) the determination of Internal Revenue taxes
and penalties (exclusive of the determination of liability guaranteed by
permit bonds) arising out of violations of the National Prohibition Act
(see 27 U.S.C. note preceding 1) occurring prior to the repeal of the
eighteenth amendment to the Constitution, and (b) the compromise, prior
to reference to the Attorney General for suit, of liability for such
taxes and penalties, are transferred to the Commissioner of Internal
Revenue, Department of the Treasury: Provided, That any compromise of
such liability shall be effected in accordance with the provisions of
section 3761 of the Internal Revenue Code (of 1939) (see 26 U.S.C.
7122). All files and records of the Department of Justice used primarily
in the administration of the functions transferred by the provisions of
this section are hereby made available to the Commissioner of Internal
Revenue for use in the administration of such functions.
The functions of the following agencies of the Department of
Agriculture, namely, the Bureau of Animal Industry, the Bureau of Dairy
Industry, the Bureau of Plant Industry, Soils, and Agricultural
Engineering, the Bureau of Entomology and Plant Quarantine, the Bureau
of Agricultural and Industrial Chemistry, the Bureau of Human Nutrition
and Home Economics, the Office of Experiment Stations, and the
Agricultural Research Center, together with the functions of the
Agricultural Research Administrator, are transferred to the Secretary of
Agriculture and shall be performed by the Secretary or, subject to his
direction and control, by such officers and agencies of the Department
of Agriculture as he may designate.
The functions of the Farm Credit Administration and the Governor
thereof under the Federal Credit Union Act, as amended, together with
the functions of the Secretary of Agriculture with respect thereto, are
transferred to the Federal Deposit Insurance Corporation.
(Secs. 501, 502. Repealed. June 30, 1949, ch. 288, title VI, 602(
a)(1), formerly title V, 502(a)(1), 63 Stat. 399, redesignated Sept. 5,
1950, ch. 849, 6(a), (b), 64 Stat. 583. Section 501 abolished War Assets
Administration and transferred its functions to Surplus Property
Administration, which was then renamed the War Assets Administration.
Section 502 established position of Associate War Assets Administrator.)
Nothing contained in this reorganization plan shall be deemed to
extend the duration of any function beyond the time when it would
otherwise expire as provided by law.
There are hereby transferred to the respective agencies in which
functions are vested pursuant to the provisions of this plan, to be
used, employed, and expended in connection with such functions,
respectively, or in winding up the affairs of agencies abolished in
connection with the transfer of such functions, (1) the records and
property now being used or held in connection with such functions, (2)
the personnel employed in connection with such functions, and (3) the
unexpended balances of appropriations, allocations, or other funds
available or to be made available for use in connection with such
functions.
The provisions of this plan shall take effect on July 1, 1947, unless
a later date is required by the provisions of the Reorganization Act of
1945.
To the Congress of the United States:
I am transmitting herewith Reorganization Plan No. 1 of 1947. The
provisions of this plan are designed to maintain organizational
arrangements worked out under authority of title I of the First War
Powers Act. The plan has a twofold objective: to provide for more
orderly transition from war to peacetime operation and to supplement my
previous actions looking toward the termination of wartime legislation.
The First War Powers Act provides that title I --
shall remain in force during the continuance of the present war
and for six months after the termination of the war, or until such
earlier time as the Congress by concurrent resolution or the President
may designate.
Upon the termination of this title all changes in the organization of
activities and agencies effected under its authority expire and the
functions revert to their previous locations unless otherwise provided
by law.
Altogether nearly 135 Executive orders have been issued in whole or
in part under title I of the First War Powers Act. The internal
organization of the War and Navy Departments has been drastically
overhauled under this authority. Most of the emergency agencies, which
played so vital a role in the successful prosecution of the war, were
based in whole or in part upon this title. Without the ability, which
these provisions afforded, to adjust the machinery of government to
changing needs, it would not have been possible to develop the
effective, hard-hitting organization which produced victory. The
organization of war activities had to be worked out step by step as the
war program unfolded and experience pointed the way. That was
inevitable. The problems and the functions to be performed were largely
new. Conditions changed continually and often radically. Speed of
action was essential. But with the aid of title I of the First War
Powers Act, it was possible to gear the administrative machinery of the
Government to handle the enormous load thrust upon it by the rapidly
evolving war program.
Since VJ-day this same authority has been used extensively in
demobilizing war agencies and reconverting the governmental structure to
peacetime needs. This process has been largely completed. The bulk of
temporary activities have ceased, and most of the continuing functions
transferred during the war have already been placed in their appropriate
peacetime locations.
The organizational adjustments which should be continued are
essentially of two types: First, changes in the organization of
permanent functions, which have demonstrated their advantage during the
war years. Second, transfers of continuing activities which were vested
by statute in temporary war agencies but have since been moved by
Executive order upon the termination of these agencies.
In most cases the action necessary to maintain organizational gains
made under title I of the First War Powers Act can best be taken by the
simplified procedure afforded by the Reorganization Act of 1945, the
first purpose of which was to facilitate the orderly transition from war
to peace. All of the provisions of this plan represent definite
improvements in administration. Several are essential steps in
demobilizing the war effort. The arrangements they provide for have
been reviewed by the Congress in connection with appropriation requests.
Since the plan does not change existing organization, savings cannot be
claimed for it. However, increased expense and disruption of operations
would result if the present organization were terminated and the
activities reverted to their former locations.
In addition to the matters dealt with in this reorganization plan and
in Reorganization Plan No. 2 of 1947, there are several other changes
in organization made under title I of the First War Powers Act on which
action should be taken before the termination of the title. The
proposed legislation for a National Defense Establishment provides for
continuing the internal organizational arrangements made in the Army and
Navy pursuant to the First War Powers Act. I have on several occasions
recommended the creation of a single agency for the administration of
housing programs. Since section 5(e) of the Reorganization Act of 1945
may cast some doubt on my authority to assign responsibility for the
liquidation of the Smaller War Plants Corporation by reorganization
plan, I recommend that the Reconstruction Finance Corporation be
authorized by legislation to continue to liquidate the affairs relating
to functions transferred to it from the Smaller War Plants Corporation.
It is imperative that title I of the First War Powers Act remain
effective until all of these matters have been dealt with. An earlier
termination of the title would destroy important advances in
organization and impair the ability of the executive branch to
administer effectively some of the major programs of the Government.
I have found, after investigation, that each reorganization contained
in this plan is necessary to accomplish one or more of the purposes set
forth in section 2 (a) of the Reorganization Act of 1945. Each of these
reorganizations is explained below.
The reorganization plan provides for the permanent location of the
functions vested by statute in the Alien Property Custodian and the
Office of Alien Property Custodian. In 1934 the functions of the Alien
Property Custodian were transferred to the Department of Justice, where
they remained until 1942. Because of the great volume of activity
resulting from World War II, a separate Office of Alien Property
Custodian was created by Executive Order No. 9095 of March 11, 1942.
This Office was terminated by Executive Order No. 9788 of October 14,
1946, and the functions of the Office and of the Alien Property
Custodian were transferred to the Attorney General except for those
relating to Philippine property. The latter were transferred
simultaneously to the Philippine Alien Property Administration
established by Executive Order No. 9789.
While the Trading With the Enemy Act, as amended at the beginning of
the war, authorized the President to designate the agency or person in
which alien property should vest and to change such designations,
subsequent legislation has lodged certain functions in the Alien
Property Custodian and the Office of Alien Property Custodian.
Similarly, though the Philippine Property Act vested in the President
the then existing alien property functions as to Philippine property,
certain functions affecting such property have since been established
which have been assigned by statute to the Alien Property Custodian.
In order to maintain the existing arrangements for the administration
of alien property and to avoid the confusion which otherwise would occur
on the termination of title I of the First War Powers Act, the
reorganization plan transfers to the Attorney General all functions
vested by law in the Alien Property Custodian and the Office of Alien
Property Custodian except as to Philippine property. The functions
relating to Philippine property are transferred to the President, to be
performed by such officer or agency as he may designate, thus permitting
the continued administration of these functions through the Philippine
Alien Property Administration.
Section 8c of the Agricultural Marketing Agreements Act of 1937
provides that marketing orders of the Secretary of Agriculture must in
certain cases be approved by the President before issuance. In order to
relieve the President of an unnecessary burden, the responsibility for
approval was delegated to the Economic Stabilization Director during the
war, and was formally transferred to him by Executive Order No. 9705 of
March 15, 1946. Since the Secretary of Agriculture is the principal
adviser of the President in matters relating to agriculture, and since
final authority has been assigned to the Secretary by law in many
matters of equal or greater importance, the requirement of Presidential
approval of individual marketing orders may well be discontinued.
Accordingly, the plan abolishes the function of the President relative
to the approval of such orders.
The Office of Contract Settlement was established by law in 1944 and
shortly thereafter was placed by statute in the Office of War
Mobilization and Reconversion. The principal purposes of the Office of
Contract Settlement have been to prescribe the policies, regulations,
and procedures governing the settlement of war contracts, and to provide
an appeal board to hear and decide appeals from the contracting agencies
in the settlement of contracts. A remarkable record has been achieved
for the rapid settlement of war contracts, but among those which remain
are some of the largest and most complex. Considerable time may be
required to complete these cases and dispose of the appeals.
Though the functions of the Office of Contract Settlement cannot yet
be terminated, it is evident that they no longer warrant the maintenance
of a separate office. For this reason Executive Order No. 9809 of
December 12, 1946, transferred the functions of the Director of Contract
Settlement to the Secretary of the Treasury and those of the Office of
Contract Settlement to the Department of the Treasury. As the central
fiscal agency of the executive branch the Treasury Department is clearly
the logical organization to carry to conclusion the over-all activities
of the contract settlement program. The plan continues the present
arrangement and abolishes the Office of Contract Settlement, thereby
avoiding its reestablishment as a separate agency on the termination of
title I of the First War Powers Act.
The act of May 27, 1930 (46 Stat. 427), imposed upon the Attorney
General certain duties respecting administration and enforcement of the
National Prohibition Act. By Executive Order No. 6639 of March 10,
1934, all of the powers and duties of the Attorney General respecting
that act, except the power and authority to determine and to compromise
liability for taxes and penalties, were transferred to the Commissioner
of Internal Revenue. The excepted functions, however, were transferred
subsequently to the Commissioner of Internal Revenue by Executive Order
No. 9302 of February 9, 1943, issued under the authority of title I of
the First War Powers Act, 1941.
Since the functions of determining taxes and penalties under various
statutes and of compromise of liability therefor prior to reference to
the Attorney General for suit are well-established functions of the
Commissioner of Internal Revenue, this minor function under the National
Prohibition Act is more appropriately placed in the Bureau of Internal
Revenue than in the Department of Justice.
By Executive Order No. 9069 of February 23, 1942, six research
bureaus, the Office of Experiment Stations, and the Agricultural
Research Center were consolidated into an Agricultural Research
Administration to be administered by an officer designated by the
Secretary of Agriculture. The constituent bureaus and agencies of the
Administration have, in practice, retained their separate identity.
This consolidation and certain transfers of functions between the
constituent 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,
coordination, 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.
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.
The present organization for the disposal of surplus property is the
product of 2 1/2 years of practical experience. Beginning with the
Surplus Property Board in charge of general policy and a group of
agencies designated by it to handle the disposal of particular types of
property, the responsibility for most of the surplus disposal has
gradually been drawn together in one agency -- the War Assets
Administration -- headed by a single Administrator. Experience has
demonstrated the desirability of centralized responsibility in
administering this most difficult program.
The reorganization plan will continue the centralization of surplus
disposal functions in a single agency headed by an Administrator. This
is accomplished by transferring the functions, personnel, property,
records, and funds of the War Assets Administration created by Executive
order to the statutory Surplus Property Administration. In order to
avoid confusion and to maintain the continuity of operations, the name
of the Surplus Property Administration is changed to War Assets
Administration.
Because the plan combines in one agency, not only the policy
functions now vested by statute in the Surplus Property Administrator,
but also the immense disposal operations now concentrated in the
temporary War Assets Administration, I have found it necessary to
provide in the plan for an Associate War Assets Administrator, also
appointed by the President with the approval of the Senate. It is
essential that there be an officer who can assist the Administrator in
the general management of the agency and who can take over the direction
of its operations in case of the absence or disability of the
Administrator or of a vacancy in his office.
Harry S. Truman.
The White House, May 1, 1947.
05 USC REORGANIZATION PLAN NO. 2 OF 1947
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 2 OF 1947
05 USC REORGANIZATION PLAN NO. 2 OF 1947
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 2 OF 1947
Reorganization Plan No. 2 of 1947, which proposed to permanently
transfer the United States Employment Service to the Department of
Labor, to transfer functions of the Administrator of the Wage and Hour
Division to the Secretary of Labor, and to authorize the Secretary of
Labor to coordinate administration of the acts for regulation of wages
and hours on Fedaral public works, was submitted to Congress on May 1,
1947, and was disapproved by Congress on June 30, 1947.
05 USC REORGANIZATION PLAN NO. 3 OF 1947
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 3 OF 1947
05 USC REORGANIZATION PLAN NO. 3 OF 1947
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 3 OF 1947
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled May 27, 1947, pursuant to the
provisions of the Reorganization Act of 1945, approved December 20,
1945.
The Home Owners' Loan Corporation, the Federal Savings and Loan
Insurance Corporation, the Federal Housing Administration, the United
States Housing Authority, the Defense Homes Corporation, and the United
States Housing Corporation, together with their respective functions,
the functions of the Federal Home Loan Bank Board, and the other
functions transferred by this plan, are consolidated, subject to the
provisions of sections 2 to 5, inclusive, hereof, into an agency which
shall be known as the Housing and Home Finance Agency. There shall be
in said Agency constituent agencies which shall be known as the Home
Loan Bank Board, the Federal Housing Administration, and the Public
Housing Administration.
(a) The Home Loan Bank Board shall consist of three members appointed
by the President by and with the advice and consent of the Senate. Not
more than two members of the Board shall be members of the same
political party. The President shall designate the members of the Board
first appointed hereunder to serve for terms expiring, respectively, at
the close of business on June 30, 1949, June 30, 1950, and June 30,
1951, and thereafter the term of each member shall be four years.
Whenever a vacancy shall occur among the members the person appointed to
fill such vacancy shall hold office for the unexpired portion of the
term of the member whose place he is selected to fill. Each of the
members of the Board shall receive compensation at the rate of $10,000
per annum.
(b) The President shall designate one of the members of the Home Loan
Bank Board as Chairman of the Board. The Chairman shall (1) be the
chief executive officer of the Board, (2) appoint and direct the
personnel necessary for the performance of the functions of the Board or
of the Chairman or of any agency under the Board, and (3) designate the
order in which the other members of the Board shall, during the absence
or disability of the Chairman, be Acting Chairman and perform the duties
of the Chairman.
(c) Except as otherwise provided in subsection (b) of this section
there are transferred to the Home Loan Bank Board the functions (1) of
the Federal Home Loan Bank Board, (2) of the Board of Directors of the
Home Owners' Loan Corporation, (3) of the Board of Trustees of the
Federal Savings and Loan Insurance Corporation, (4) of any member or
members of any of said Boards, and (5) with respect to the dissolution
of the United States Housing Corporation.
The Federal Housing Administration shall be headed by a Federal
Housing Commissioner who shall be appointed by the President, by and
with the advice and consent of the Senate, and receive compensation at
the rate of $10,000 per annum. There are transferred to said
Commissioner the functions of the Federal Housing Administrator.
The Public Housing Administration shall be headed by a Public Housing
Commissioner who shall be appointed by the President, by and with the
advice and consent of the Senate, and receive compensation at the rate
of $10,000 per annum. There are transferred to said Commissioner the
functions --
(a) Of the Administrator of the United States Housing Authority
(which agency shall hereafter be administered and known as the Public
Housing Administration);
(b) Of the National Housing Agency with respect to non-farm housing
projects and other properties remaining under its jurisdiction pursuant
to section 2(a)(3) of the Farmers' Home Administration Act of 1946
(Public Law 731, Seventy-ninth Congress, approved August 14, 1946) (7
U.S.C. 1001 note); and
(c) With respect to the liquidation and dissolution of the Defense
Homes Corporation.
(a) The Housing and Home Finance Agency shall be headed by a Housing
and Home Finance Administrator who shall be appointed by the President,
by and with the advice and consent of the Senate, and shall receive
compensation at the rate of $10,000 per annum.
(b) The Administrator shall be responsible for the general
supervision and coordination of the functions of the constituent
agencies of the Housing and Home Finance Agency and for such purpose
there are transferred to said Administrator the functions of the Federal
Loan Administrator and the Federal Works Administrator (1) with respect
to the Federal Home Loan Bank Board, the Home Owners' Loan Corporation,
the Federal Savings and Loan Insurance Corporation, the Federal Housing
Administration, and the United States Housing Authority, and (2) with
respect to the functions of said agencies.
(c) There are also transferred to the Administrator the functions --
(1) Of holding on behalf of the United States the capital stock of
the Defense Homes Corporation;
(2) Under Titles I and III, and sections 401, 501, and 502, of the
Act of October 14, 1940 (54 Stat. 1125), as amended (42 U.S.C.
1521-1524, 1541-1550, 1552, 1553, 1561, 1571 and 1572);
(3) Of the Departments of the Army and Navy with respect to national
defense and war housing (except that located on military or naval posts,
reservations, or bases) under the Act of September 9, 1940 (54 Stat.
872), as amended; and
(4) Of all agencies designated to provide temporary shelter in
defense areas under the Acts of March 1, 1941, May 24, 1941, and
December 17, 1941 (55 Stat. 14, 197, and 810), insofar as such functions
relate to such temporary shelter.
There shall be in the Housing and Home Finance Agency a National
Housing Council composed of the Housing and Home Finance Administrator
as Chairman, the Federal Housing Commissioner, the Public Housing
Commissioner, the Chairman of the Home Loan Bank Board, the
Administrator of Veterans Affairs or his designee, the Chairman of the
Board of Directors of the Reconstruction Finance Corporation or his
designee, and the Secretary of Agriculture or his designee. The
National Housing Council shall serve as a medium for promoting, to the
fullest extent practicable within revenues, the most effective use of
the housing functions and activities administered within the Housing and
Home Finance Agency and the other departments and agencies represented
on said Council in the furtherance of the housing policies and
objectives established by law, for facilitating consistency between such
housing functions and activities and the general economic and fiscal
policies of the Government, and for avoiding duplication or overlapping
of such housing functions and activities. (National Housing Council
abolished and functions transferred to President, see
1(a), 3 of Reorg. Plan No. 4 of 1965.)
Pending the initial appointment hereunder of any officer provided for
by this Plan, the functions of such officer shall be performed
temporarily by such officer of the existing National Housing Agency as
the President shall designate.
The assets, contracts, property, records, personnel, and unexpended
balances of appropriations, authorizations, allocations, or other funds,
held, employed, or available or to be made available in connection with
functions transferred by this Plan are hereby transferred with such
transferred functions, respectively.
The Federal Home Loan Bank Board, the Board of Directors of the Home
Owners' Loan Corporation, and the Board of Trustees of the Federal
Savings and Loan Insurance Corporation, together with the offices for
the members of said boards, the office of Federal Housing Administrator,
and the office of Administrator of the United States Housing Authority,
are abolished.
(For lapse of Housing and Home Finance Agency, Federal Housing
Administration, and Public Housing Administration, and transfer of
functions to Secretary of Housing and Urban Development, see 42 U.S.C.
3534 and Transfer of Functions note thereunder.)
To the Congress of the United States:
I am transmitting herewith Reorganization Plan No. 3 of 1947,
prepared in accordance with the Reorganization Act of 1945. This plan
deals solely with housing. It simplifies, and increases the efficiency
of, the administrative organization of permanent housing functions and
provides for the administration of certain emergency housing activities
pending their liquidation. I have found, after investigation, that each
reorganization contained in this plan is necessary to accomplish one or
more of the purposes set forth in section 2 (a) of the Reorganization
Act of 1945.
The provision of adequate housing will remain a major national
objective throughout the next decade. The primary responsibility for
meeting housing needs rests, and must continue to rest, with private
industry, as I have stated on other occasions. The Federal Government,
however, has an important role to play in stimulating and facilitating
home construction.
Over the years the Congress has provided for a number of permanent
housing programs, each involving a special approach to the basic
objective of more adequate housing for our citizens. The Congress first
enacted a series of measures to facilitate home construction and home
ownership by strengthening the savings and loan type of home-financing
institution. These measures established a credit reserve system for
such agencies, authorized the chartering of Federal savings and loan
associations to provide more adequate home financing facilities, and
provided for the insurance of investments in savings and loan
institutions in order to attract savings into this field. The Congress
also created a system for the insurance of home loans and mortgages to
stimulate the flow of capital into home-mortgage lending and thereby
facilitate home ownership and improvement and increase home
construction. These measures were supplemented by legislation extending
financial assistance to local communities for the clearance of slums and
the provision of decent housing for families of low income who otherwise
would be forced to live in the slums. It is significant that these
programs were first established, and have been continued, by the
Congress because of their special contributions to home construction and
improvement.
In my message of January 6 on the state of the Union, I recommended
legislation establishing certain additional programs to help to
alleviate the housing shortage and achieve our national objective of a
decent home and a suitable living environment for every American family.
No lesser objective is commensurate with the productive capacity and
resources of the country or with the dignity which a true democracy
accords the individual citizen. The Congress is now considering
measures authorizing these programs. I again recommend the early
enactment of this legislation.
But whatever may be the permanent housing functions of the
Government, whether they be confined to the existing programs or
supplemented as the Congress may determine, they are inevitably
interrelated. They require coordination and supervision so that each
will render its full contribution without conflict with the performance
of other housing functions.
The Government, however, lacks an effective permanent organization to
coordinate and supervise the administration of its principal housing
programs. These programs and the machinery for their administration
were established piecemeal over a period of years. The present
consolidation of housing agencies and functions in the National Housing
Agency is only temporary. After the termination of title I of the First
War Powers Act this agency will dissolve and the agencies and functions
now administered in it will revert to their former locations in the
Government. When this occurs, the housing programs of the Government
will be scattered among some 13 agencies in 7 departments and
independent establishments.
I need hardly point out that such a scattering of these interrelated
functions would not only be inefficient and wasteful but also would
seriously impair their usefulness. It would leave the Government
without effective machinery for the coordination and supervision of its
housing activities and would thrust upon the Chief Executive an
impossible burden of administrative supervision.
The grouping of housing functions in one establishment is essential
to assure that the housing policies established by the Congress will be
carried out with consistency of purpose and a minimum of friction,
duplication, and overlapping. A single establishment will
unquestionably make for greater efficiency and economy. Moreover, it
will simplify the task of the Congress and the Chief Executive by
enabling them to deal with one official and hold one person responsible
for the general supervision of housing functions, whereas otherwise they
will be forced to deal with a number of uncoordinated officers and
agencies.
It is vital that a sound permanent organization of housing activities
be established at the earliest possible date in order to insure that
housing functions will not be scattered among numerous agencies, with
consequent confusion and disruption. To avoid this danger, and to
accomplish the needed changes promptly, it is desirable to employ a
reorganization plan under the Reorganization Act of 1945. No other area
of Federal activity affords greater opportunity than housing for
accomplishing the objectives of the Reorganization Act to group,
consolidate, and coordinate functions, reduce the number of agencies,
and promote efficiency and economy; and in no other area could the
application of the Reorganization Act be more appropriate and necessary.
In brief, this reorganization plan groups nearly all of the permanent
housing agencies and functions of the Government, and the remaining
emergency housing activities, in a Housing and Home Finance Agency, with
the following constituent operating agencies: (a) A Home Loan Bank
Board to administer the Federal Savings and Loan Insurance Corporation,
the Home Owners' Loan Corporation, and the functions of the Federal Home
Loan Bank Board and its members; (b) a Federal Housing Administration
with the same functions as now provided by law for that agency; and (c)
a Public Housing Administration to take over the functions of the United
States Housing Authority and certain remaining emergency housing
activities pending the completion of their liquidation. Each
constituent agency will possess its individual identity and be
responsible for the operation of its program.
By reason of the reorganizations made by the plan, I have found it
necessary to include therein provisions for the appointment of (1) an
Administrator to head the Housing and Home Finance Agency, (2) the three
members of the Home Loan Bank Board, and (3) two Commissioners to head
the Federal Housing Administration and the Public Housing
Administration, respectively. Each of these officers is to be appointed
by the President by and with the advice and consent of the Senate.
The plan places in the Housing and Home Finance Administrator the
functions heretofore vested in the Federal Loan Administrator and the
Federal Works Administrator with respect to the housing agencies and
functions formerly administered within the Federal Loan and Federal
Works Agencies, together with supervision and direction of certain
emergency housing activities for the remainder of their existence.
Under the plan the Home Loan Bank Board and the Federal Housing
Administration will have the same status in, and relation to, the
Housing and Home Finance Agency and the Housing and Home Finance
Administrator as the Federal Home Loan Bank Board, and its related
agencies, and the Federal Housing Administration formerly had to the
Federal Loan Agency and the Federal Loan Administrator. Similarly, the
Public Housing Administration will have the same status in, and relation
to, the Housing and Home Finance Agency and the Administrator as the
United States Housing Authority formerly had to the Federal Works Agency
and the Federal Works Administrator.
Since there are a few housing activities which it is not feasible to
place within the Housing and Home Finance Agency because they form
integral parts of other broad programs or because of specific
limitations in the Reorganization Act of 1945, the plan also created a
National Housing Council on which the Housing and Home Finance Agency
and its constituent agencies, and the other departments and agencies
having important housing functions, are represented. In this way the
plan provides machinery for promoting the most effective use of all the
housing functions of the Government, for obtaining consistency between
these functions and the general economic and fiscal policies of the
Government, and for avoiding duplication and overlapping of activities.
To avoid a hiatus in the administration of housing functions, pending
the confirmation by the Senate of the new officers provided for by the
plan, it permits the designation by the President of appropriate
existing housing officials to perform temporarily the functions of these
officers. This period should be brief, as I shall promptly submit
nominations for the permanent officers.
Under the limitations contained in the Reorganization Act of 1945,
the compensation of the Housing and Home Finance Administrator and the
other officers provided for by the plan, cannot be fixed at a rate in
excess of $10,000 per annum. Both the temporary National Housing
Administrator, provided for by Executive Order No. 9070 and the Federal
Housing Administrator, have received salaries of $12,000 a year. I do
not consider the salary of $10,000 provided in the plan as compensation
commensurate with the responsibilities of the Administrator, the members
of the Home Loan Bank Board, and the Commissioners of the other
constituent agencies, or consistent with a salary scale which must be
paid if the Government is to attract and retain public servants of the
requisite caliber. Accordingly, I recommend that the Congress act to
increase the salary of the Housing and Home Finance Administrator to
$15,000 per annum, and to increase the salaries of the members of the
Home Loan Bank Board and the two Commissioners provided for by this plan
to $12,000 per annum.
The essential and important difference between the organization
established by the plan and the prewar arrangement, to which housing
agencies and functions would otherwise automatically revert on the
termination of title I of the First War Powers Act, is that under the
old arrangement these agencies and functions were scattered among many
different establishments primarily dealing with matters other than
housing, whereas under the plan the major permanent housing programs are
placed in a single establishment concerned exclusively with housing.
Thus, the plan effectuates the basic objective enunciated by the
Congress in the Reorganization Act of 1945 of grouping agencies and
functions by major purpose, and provides the necessary framework for a
more effective administration of Federal housing activities in the
postwar period.
Harry S. Truman.
The White House, May 27, 1947.
05 USC REORGANIZATION PLAN NO. 1 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 1 OF 1949
05 USC REORGANIZATION PLAN NO. 1 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 1 OF 1949
Reorganization Plan No. 1 of 1949, which proposed establishment of a
Department of Welfare, was submitted to Congress on June 20, 1949, and
was disapproved by the Senate on Aug. 16, 1949.
05 USC REORGANIZATION PLAN NO 1 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 2 OF 1949
05 USC REORGANIZATION PLAN NO. 2 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 2 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
(see 5 U.S.C. 901 et seq.).
The Bureau of Employment Security of the Federal Security Agency,
including the United States Employment Service and the Unemployment
Insurance Service, together with the functions thereof, is transferred
as an organizational entity to the Department of Labor. The functions
of the Federal Security Administrator with respect to employment
services, unemployment compensation, and the Bureau of Employment
Security, together with his functions under the Federal Unemployment Tax
Act (as amended, and as affected by the provisions of Reorganization
Plan No. 2 of 1946, 60 Stat. 1095, 26 U.S.C. (former) 1600-11) (26
U.S.C. 3301 et seq.), are transferred to the Secretary of Labor. The
functions transferred by the provisions of this section shall be
performed by the Secretary of Labor or, subject to his direction and
control, by such officers, agencies, and employees of the Department of
Labor as he shall designate.
The functions of the Veterans' Placement Service Board under Title IV
of the Servicemen's Readjustment Act of 1944 (58 Stat. 284, as amended;
38 U.S.C. 695-695f) (see 38 U.S.C. 2001 et seq.) are transferred to and
shall be performed by the Secretary of Labor. The functions of the
Chairman of the said Veterans' Placement Service Board are transferred
to the Secretary of Labor and shall be performed by the Secretary or,
subject to his direction and control, by the Chief of the Veterans'
Employment Service. The Veterans' Placement Service Board is abolished.
The Federal Advisory Council established pursuant to section 11(a) of
the Act of June 6, 1933 (48 Stat. 116, as amended, 29 U.S.C. 49j( a)),
is hereby transferred to the Department of Labor and shall, in addition
to its duties under the aforesaid Act, advise the Secretary of Labor and
the Director of the Bureau of Employment Security with respect to the
administration and coordination of the functions transferred by the
provisions of this reorganization plan.
There are transferred to the Department of Labor, for use in
connection with the functions transferred by the provisions of this
reorganization plan, the personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds (available or
to be made available) of the Bureau of Employment Security, together
with so much as the Director of the Bureau of the Budget shall determine
of other personnel, property, records, and unexpended balances of
appropriations, allocations, and funds (available or to be made
available) of the Federal Security Agency which relate to functions
transferred by the provisions of this reorganization plan.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 2 of 1949, prepared in
accordance with the provisions of the Reorganization Act of 1949. This
plan transfers the Bureau of Employment Security, now in the Federal
Security Agency, to the Department of Labor and vests in the Secretary
of Labor the functions of the Federal Security Administrator with
respect to employment services and unemployment compensation, the latter
of which is now more commonly referred to as unemployment insurance.
The plan also transfers to the Secretary of Labor the functions of the
Veterans' Placement Service Board and of its Chairman and abolishes that
Board. These changes are in general accord with recommendations made by
the Commission on Organization of the Executive Branch of the
Government.
After investigation, I have found and hereby declare that each
reorganization included in Reorganization Plan No. 2 of 1949 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of said act. The primary benefits from these reorganizations will
take the form of improvements in administration and service. It is
probable that a significant reduction in expenditures will result from
the taking effect of the plan as compared with the current estimates and
work-load assumptions contained in the 1950 budget as amended, but an
itemization of such savings is not possible in advance of the transfer.
One of the major needs of the executive branch is a sound and
effective organization of labor functions. More than 35 years ago the
Federal Government's labor functions were brought together in the
Department of Labor. In recent years, however, the tendency has been to
disperse such functions throughout the Government. New labor programs
have been placed outside of the Department and some of its most basic
functions have been transferred from the Department to other agencies.
In my judgment, this course has been fundamentally unsound and should
be reversed. The labor programs of the Federal Government constitute a
family of interrelated functions requiring generally similar
professional training and experience, involving numerous overlapping
problems, and calling for strong, unified leadership. Together they
form one of the most important areas of Federal activity. It is
imperative that the Labor Department be strengthened and restored to its
original position as the central agency of the Government for dealing
with labor problems.
One of the most essential steps in improving the organization of
labor functions is the transfer of the Bureau of Employment Security to
the Department of Labor. This Bureau administers the activities of the
Federal Government with respect to employment services and unemployment
insurance. These activities mainly involve the review and apportionment
of grants-in-aid, approval of State plans and grants, the conduct of
research and developmental activities, and the provision of advice and
assistance to the State agencies which actually conduct the services.
Public employment services and unemployment insurance are companion
programs inextricably interrelated both in purpose and operation. The
first assists workers in finding jobs and employers in obtaining
workers; the second provides cash benefits for the support of workers
and their families when suitable jobs cannot be obtained. Thus, each
complements the other. At the local operating level the two programs
are almost invariably carried on in the same unit -- the local
employment office. At the State level they are administered by the same
agency in nearly every State. As a result, an unusually high degree of
coordination at the Federal level is essential.
There can be no question as to the basic consideration which must
govern the administration of both of these programs. From the
standpoint of all interested parties -- the worker, the employer, and
the public -- the primary concern is employment. Essential as they are,
unemployment benefits at a fraction of regular wages are a poor
substitute for the earnings from a steady job. In the administration of
these programs, therefore, primary attention must be focused on
achieving the maximum effectiveness of the employment services. On them
depend the prosperity and well-being of the worker and the extent of the
unemployment-compensation burden on the employer and the public.
I have long been convinced that the Department of Labor is the agency
which can contribute most to the development of sound and efficient
employment service. It has the understanding of employment problems and
of the operation of the labor market which is essential in this field.
It possesses the necessary specialists and the wealth of information on
occupations, employment trends, wage rates, working conditions, labor
legislation and other matters essential to employment counseling and
placement.
Close working relations between the United States Employment Service
and most of the agencies of the Labor Department are vital to the
success of both. The Bureau of Labor Statistics has a fund of
information on employment and occupations which is basic to the planning
and operation of the Service. The Women's Bureau and the Child Labor
Branch of the Wage and Hour Division afford expert advice on employment
problems relating to women and adolescents. The Bureau of Labor
Standards can assist the Service on questions of working conditions and
other labor standards, and the Bureau of Apprenticeship on
occupational-training problems. At the same time the various agencies
of the Labor Department need the detailed current information on labor
problems and the condition of the labor market which the United States
Employment Service possesses.
Experience has demonstrated that unemployment insurance must be
administered in close relationship with employment service and other
employment programs. In many of our industrial States, and in most
foreign countries, unemployment insurance is administered by the agency
responsible for labor functions. Furthermore, the
unemployment-insurance system has a vital stake in the effectiveness of
the program for employment services, for what benefits the employment
service also benefits the unemployment-insurance program.
The transfer of the Bureau of Employment Security, including the
United States Employment Service and the Unemployment Insurance Service,
together with the functions thereof, will give assurance that primary
emphasis will be placed on the improvement of the employment services
and that maximum effort will be made to provide jobs in lieu of cash
benefits.
The plan also transfers to the Department of Labor the Federal
Advisory Council created by the act establishing the United States
Employment Service. This Council consists of outstanding
representatives of labor, management, and the public who are especially
familiar with employment problems.
Although the Veterans' Employment Service operates through the
regular employment office system, its policies are determined by the
Veterans' Placement Service Board created by the Servicemen's
Readjustment Act of 1944. This Board consists of the heads of three
Federal agencies, only one of which administers employment services.
Furthermore, the full-time director of the Service is appointed by the
Chairman of this Board, who is not otherwise engaged in
employment-service activity, rather than by the head of the agency
within which the service is administered. Such an arrangement is
cumbersome and results in an undue division of authority and
responsibility.
In order to simplify the administration of the Veterans' Employment
Service and assure the fullest cooperation between it and the general
employment service, the plan eliminates the Veterans' Placement Service
Board and transfers its functions and those of its Chairman to the
Secretary of Labor. By thus concentrating responsibility for the
success of the Service, the plan will make for better service to the
veteran seeking employment or vocational counseling.
This plan is a major step in the rebuilding and strengthening of the
Department of Labor, which I am convinced is essential to the sound and
efficient organization of the executive branch of the Government.
Harry S. Truman.
The White House, June 20, 1949.
05 USC REORGANIZATION PLAN NO. 3 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 3 OF 1949
05 USC REORGANIZATION PLAN NO. 3 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 3 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
(see 5 U.S.C. 901 et seq.).
(a) There are hereby transferred to the Postmaster General the
functions of all subordinate officers and agencies of the Post Office
Department, including the functions of each Assistant Postmaster
General, the Purchasing Agent for the Post Office Department, the
Comptroller, and the Bureau of Accounts.
(b) The Postmaster General is hereby authorized to delegate to any
officer, employee, or agency of the Post Office Department designated by
him such of his functions as he deems appropriate.
There shall be in the Post Office Department a Deputy Postmaster
General, who shall be appointed by the President by and with the advice
and consent of the Senate, shall perform such duties as the Postmaster
General may designate, and shall receive compensation at the rate of
$10,330 per annum or such other compensation as may be provided by law
for the under secretaries of executive departments after the date of
transmittal of this reorganization plan to the Congress.
There shall be in the Post Office Department four Assistant
Postmasters General, who shall be appointed by the President by and with
the advice and consent of the Senate, shall perform such duties as the
Postmaster General may designate, and shall receive compensation at the
rate of $10,330 per annum or such other compensation as may be provided
by law for the assistant secretaries of executive departments after the
date of transmittal of this reorganization plan to the Congress.
There is hereby established an Advisory Board for the Post Office
Department of which the Postmaster General shall be chairman and the
Deputy Postmaster General the vice chairman. The Board shall have seven
additional members, representative of the public, who shall be appointed
by the President by and with the advice and consent of the Senate. The
members so appointed shall each receive compensation of $50 per diem
when engaged in duties as members of the Board (including travel time to
and from their homes or regular places of business) and reasonable
subsistence and travel expense as determined by the Postmaster General.
The Board shall meet quarterly at the seat of the government in the
District of Columbia, or at such other time and place as the Postmaster
General shall determine for the purpose of considering methods and
policies for the improvement of the postal service, and shall advise and
make recommendations to the Postmaster General with respect to such
methods and policies.
(a) There are hereby abolished the Bureau of Accounts in the Post
Office Department (including the office of Comptroller) and the office
of Purchasing Agent for the Post Office Department.
(b) The offices of First Assistant Postmaster General, Second
Assistant Postmaster General, Third Assistant Postmaster General, and
Fourth Assistant Postmaster General (5 U.S.C. 363) are hereby abolished;
but the incumbents thereof immediately prior to the taking of effect of
the provisions of this reorganization plan shall without reappointment
be the first Assistant Postmasters General in office under the
provisions of section 3 hereof.
The employees now being employed, and the records and property now
being used or held, in connection with any functions transferred by the
provisions of this reorganization plan are hereby transferred to such
agencies of the Post Office Department as the Postmaster General shall
designate. The unexpended balances of appropriations, allocations, and
other funds available or to be made available for use in connection with
such functions shall remain so available.
(The Post Office Department and the office of Postmaster General of
the Post Office Department were abolished and all functions, powers, and
duties transferred to the United States Postal Service by Pub. L.
91-375, 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under 39
U.S.C. 201.)
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 3 of 1949, prepared in
accordance with the provisions of the Reorganization Act of 1949. This
plan constitutes an important first step in strengthening the
organization of the Post Office Department.
One of the prime essentials of good departmental administration is
authority from the Congress to a department head to organize and control
his department. The Commission on Organization of the executive branch
of the Government emphasized in its first and subsequent reports that
separate authorities to subordinates should be eliminated. The plan
gives the Postmaster General the necessary authority to organize and
control his Department by transferring to him the functions of all
subordinate officers and agencies of the Post Office Department,
including the functions of each Assistant Postmaster General, the
Purchasing Agent, the Comptroller, and the Bureau of Accounts. The
Postmaster General is authorized to delegate to subordinates designated
by him such of his functions as he may deem appropriate.
The Postmaster General is responsible for the management of one of
the world's largest businesses. Like the head of any large business,
the Postmaster General should be given adequate top-level assistance in
carrying on the operations of the Department so that he may have time to
devote to matters of departmental and public policy. In order to
provide needed assistance to the Postmaster General, the plan
establishes the positions of Deputy Postmaster General, and four
Assistant Postmasters General, comparable to the positions of Under
Secretary and Assistant Secretaries in other departments.
The plan also establishes an Advisory Board for the Post Office
Department, composed of the Postmaster General, the Deputy Postmaster
General, and seven other members representing the public who shall be
appointed by the President by and with the advice and consent of the
Senate. The Advisory Board will make available to the Postmaster
General the advice of outstanding private citizens and will afford a
useful channel for the interchange of views between postal officials and
the public concerning the operations of the postal service.
I have found after investigation that each reorganization contained
in the plan is necessary to accomplish one or more of the purposes set
forth in section 2(a) of the Reorganization Act of 1949. I have also
found and hereby declare that by reason of the reorganization made by
this plan, it is necessary to include in the plan provisions for the
appointment and compensation of the Deputy Postmaster General, four
Assistant Postmasters General, and members of the Advisory Board for the
Post Office Department. The plan abolishes the Bureau of Accounts of
the Post Office Department and the offices of Comptroller, Purchasing
Agent, First, Second, Third, and Fourth Assistant Postmasters General.
This plan carries into effect those of the recommendations of the
Commission on Organization of the Executive Branch of the Government
respecting the Post Office Department which can be accomplished under
the provisions of the Reorganization Act. I am also transmitting to the
Congress recommendations for legislation which will implement other
recommendations of the Commission and place the operations of the Post
Office Department on a more businesslike basis.
The primary result of this reorganization plan will be more effective
administration. Although a substantial reduction in expenditures will
not be brought about by the plan alone, major economies can be achieved
over a period of time as a result of this plan and the enactment of the
postal legislation which I am recommending to the Congress.
Harry S. Truman.
The White House, June 20, 1949.
05 USC REORGANIZATION PLAN NO. 4 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 4 OF 1949
05 USC REORGANIZATION PLAN NO. 4 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 4 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
(see 5 U.S.C. 901 et seq.).
The National Security Council and the National Security Resources
Board, together with their respective functions, records, property,
personnel, and unexpended balances of appropriations, allocations, and
other funds (available or to be made available), are hereby transferred
to the Executive Office of the President.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 4 of 1949, prepared in
accordance with the provisions of the Reorganization Act of 1949. The
plan transfers the National Security Council and the National Security
Resources Board to the Executive Office of the President. After
investigation I have found, and I hereby declare, that each
reorganization included in the plan is necessary to accomplish one or
more of the purposes set forth in section 2(a) of the Reorganization Act
of 1949.
The growth of the executive branch and the increasingly complex
nature of the problems with which it must deal have greatly intensified
the necessity of strong and well-coordinated staff facilities to enable
the President to meet his responsibilities for the effective
administration of the executive branch of the Government. Ten years ago
several of the staff agencies of the executive branch were brought
together in the Executive Office of the President under the immediate
direction of the President. The wisdom of this step has been
demonstrated by greatly improved staff assistance to the President,
which has contributed importantly to the management of the Government
during the trying years of war and of postwar adjustment.
Since the creation of the Executive Office of the President, however,
the Congress has further recognized the need for more adequate central
staff and created two new important staff agencies to assist the
President -- the National Security Council and the National Security
Resources Board. The primary function of the first of these agencies,
as defined by statute, is --
to advise the President with respect to the integration of
domestic, foreign, and military policies relating to the national
security.
The function of the second is --
to advise the President concerning the coordination of military,
industrial, and civilian mobilization.
Within their respective fields these agencies assist the President in
developing plans and policies which extend beyond the responsibility of
any single department of the Government. In this they play a role
similar in character to that of the various units of the Executive
Office of the President. In fact, many of the problems with which they
deal require close collaboration with the agencies of the Executive
Office.
Since the principal purpose of the National Security Council and the
National Security Resources Board is to advise and assist the President
and their work needs to be coordinated to the fullest degree with that
of other staff arms of the President, such as the Bureau of the Budget
and the Council of Economic Advisers, it is highly desirable that they
be incorporated in the Executive Office of the President. The
importance of this transfer was recognized by the Commission on
Organization of the Executive Branch of the Government, which
specifically recommended such a change as one of the essential steps in
strengthening the staff facilities of the President and improving the
over-all management of the executive branch.
Because of the necessity of coordination with other staff agencies,
the National Security Council and the National Security Resources Board
are physically located with the Executive Office of the President and I
have taken steps to assure close working relations between them and the
agencies of the Executive Office. This plan, therefore, will bring
their legal status into accord with existing administrative practice.
It is not probable that the reorganizations included in the plan will
immediately result in reduced expenditures. They will, however, provide
a firm foundation for maintaining and furthering the efficient
administrative relationships already established, and for assuring that
we have provided permanent arrangements vitally necessary to the
national security.
Harry S. Truman.
The White House, June 20, 1949.
05 USC REORGANIZATION PLAN NO. 5 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 5 OF 1949
05 USC REORGANIZATION PLAN NO. 5 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 5 OF 1949
Reorg. Plan No. 5 of 1949, 14 F.R. 5227, 63 Stat. 1067, which
related to the Civil Service Commission, was repealed by Pub. L.
89-554, 8(a), Sept. 6, 1966, 80 Stat. 662. See sections 1103, 1104,
1105, and 1306 of Title 5, Government Organization and Employees.
05 USC REORGANIZATION PLAN NO. 6 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 6 OF 1949
05 USC REORGANIZATION PLAN NO. 6 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 6 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
(see 5 U.S.C. 901 et seq.).
The Chairman of the United States Maritime Commission shall be the
chief executive and administrative officer of the United States Maritime
Commission. In executing and administering on behalf of the Commission
its functions (exclusive of functions transferred by the provisions of
section 2 of this reorganization plan) the Chairman shall be governed by
the policies, regulatory decisions, findings, and determinations of the
Commission.
There are hereby transferred from the United States Maritime
Commission to the Chairman of the Commission the functions of the
Commission with respect to (1) the appointment and supervision of all
personnel employed under the Commission, (2) the distribution of
business among such personnel and among organizational units of the
Commission, and (3) the use and expenditure of funds for administrative
purposes: Provided, That the provisions of this section do not extend
to personnel employed regularly and full time in the offices of members
of the Commission other than the Chairman: Provided further, That the
heads of the major administrative units shall be appointed by the
Chairman only after consultation with the other members of the
Commission.
The functions of the Chairman under the provisions of this
reorganization plan shall be performed by him or, subject to his
supervision and direction, by such officers and employees under his
jurisdiction as he shall designate.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 6 of 1949, prepared in
accordance with the Reorganization Act of 1949. This plan is designed
to strengthen the administration of the United States Maritime
Commission by making the Chairman and the chief executive and
administrative officer of the Commission and vesting in him
responsibility for the appointment of its personnel and the supervision
and direction of their activities. After investigation, I have found
and hereby declare that each reorganization included in this plan is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
Unlike other major regulatory commissions, the Maritime Commission is
responsible not only for the performance of important regulatory
functions but also for the administration of large and complex operating
and promotional programs. Whereas the budgets of most regulatory
agencies amount to only a few million dollars annually, the expenditures
of the Maritime Commission exceed $130,000,000 a year. As a result of
the war the Commission is the owner of a fleet of over 2,300 ships,
aggregating more than 23,000,000 dead-weight tons.
While it is the policy of the Government, as set forth by the
Merchant Marine Act of 1936 and the Merchant Ship Sales Act of 1946, to
develop and maintain an adequate and effective merchant marine under
private ownership, the Commission is still confronted with the necessity
of carrying on substantial programs for the charter and sale of
Government-owned vessels and with the continuing task of maintaining the
reserve merchant fleet.
Apart from its functions with respect to the war-built fleet, the
accomplishment of the Government's permanent objective with respect to
the development of the American merchant marine inevitably involves the
Commission to a wide variety of activities. Among these are the
regulation of rates and competitive practices of water carriers, the
determination of essential trade routes and services, the award of
subsidies to offset differences between American and foreign costs, the
design and construction of ships, the inspection of subsidized vessels,
and the training of seamen.
In the last 2 years the operation of the Maritime Commission has been
subjected to independent examination by three bodies -- the President's
Advisory Committee on the Merchant Marine, the Senate Committee on
Expenditures in the Executive Departments, and the Commission on
Organization of the Executive Branch of the Government. All of these
studies have pointed to difficulties in the conduct of the Commission's
business and the necessity of improved organization to strengthen the
administration of the agencies. The remedies proposed have differed in
some respects, but all the studies have emphasized the need of
concentrating in a single official the management of a large part of the
agency's work.
During the war such a concentration was temporarily accomplished by
Executive order under the authority of the First War Powers Act. In
effect, the Chairman of the Commission, as War Shipping Administrator,
was made directly responsible for the administration of several major
operating programs of the Commission. This arrangement proved its value
under the stress of war. About a year after the end of the fighting,
however, it was terminated and the organization reverted to the prewar
pattern.
As a result of postwar experience, the Commission appointed a general
manager in 1948. While this has brought considerable improvement, it
has not extricated the Commission from administration to the degree
which is desirable.
After careful consideration of the problems involved in improving the
operation of the Maritime Commission, I have concluded that the proper
action at this time is to concentrate in the Chairman the responsibility
for the internal administration of the agency. This is achieved by the
proposed reorganization plan by transferring to the Chairman the
appointment of the personnel of the agency, except for the immediate
assistants of the Commissioners, and the supervision and direction of
their work. This is substantially the arrangement recommended for
regulatory commissions by the Commission on Organization of the
Executive Branch of the Government.
Such a plan of organization has many advantages. It leaves in the
Commission as a body the performance of regulatory functions, the
determination of subsidies, and the determination of major policies.
Thus, it utilizes the Commission for the type of work for which such a
body is best adapted. At the same time the plan places under a single
official the day-to-day direction of the work of the staff within the
policies and determinations adopted by the Commission in the exercise of
its functions. This will provide more businesslike administration and
help to overcome the delays, backlogs, and operating difficulties which
have hampered the agency. At the same time by freeing the members of
the Commission of much detail, the plan will enable them to concentrate
on major questions of policy and program and thereby will obtain earlier
and better considered resolution of the basic problems of the agency.
Though the taking effect of this plan in itself may not result in
substantial immediate economies, it is probable that the improved
organizational arrangements will bring about, over a period of time,
improved operations and substantially reduced expenditures. An
itemization of these reductions, however, in advance if actual
experience under the plan is not practicable.
I am convinced that this reorganization plan will contribute
importantly to the more businesslike and efficient administration of the
programs of the Maritime Commission.
Harry S. Truman.
The White House, June 20, 1949.
05 USC REORGANIZATION PLAN NO. 7 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 7 OF 1949
05 USC REORGANIZATION PLAN NO. 7 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 7 OF 1949
amended Jan. 12, 1983, Pub. L. 97-449, 2(b), 96
Stat. 2439
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
(see 5 U.S.C. 901 et seq.).
The Public Roads Administration, together with its functions,
including the functions of the Commissioner of Public Roads, is hereby
transferred to the Department of Transportation and shall be
administered by the Commissioner of Public Roads subject to the
direction and control of the Secretary of Transportation.
All functions of the Federal Works Administrator with respect to the
agency and functions transferred by the provisions of section 1 hereof
are hereby transferred to the Secretary of Transportation and shall be
performed by the Secretary or, subject to his direction and control, by
such officers, employees, and agencies of the Department of
Transportation as the Secretary shall designate.
There are hereby transferred to the Department of Transportation, to
be used, employed, and expended in connection with the functions
transferred by the provisions of this reorganization plan, the records
and property now being used or held in connection with such functions,
the personnel employed in connection with such functions, together with
the Commissioner of Public Roads, and the unexpended balances of
appropriations, allocations, and other funds available or to be made
available for use in connection with such functions. Such further
measures and dispositions as the Director of the Bureau of the Budget
shall determine to be necessary in order to effectuate the transfers
provided for in this section shall be carried out in such manner as the
Director shall direct and by such agencies as he shall designate.
The provisions of this reorganization plan shall become effective
notwithstanding the status of the Public Roads Administration within the
Federal Works Agency or within any other agency immediately prior to the
effective date of this reorganization plan (see 40 U.S.C. 753).
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 7 of 1949, prepared in
accordance with the provisions of the Reorganization Act of 1949. This
plan transfers the Public Roads Administration to the Department of
Commerce. After investigation I have found and hereby declare that each
reorganization included in this plan is necessary to accomplish one or
more of the purposes set forth in section 2(a) of the Reorganization Act
of 1949.
This plan directly carries out the recommendation of the Commission
on Organization of the Executive Branch of the Government with respect
to the Public Roads Administration. That the Department of Commerce is
the appropriate location for the Public Roads Administration in the
executive branch is evident from the nature of its functions and the
basic purpose of the Department. The Public Roads Administration is
primarily engaged in planning and financing the development of the
highways which provide the essential facilities for motor transportation
throughout the country. Thus, it comes directly within the purpose of
the Department of Commerce, as defined by its organic act, which
provides:
It shall be the province and duty of said Department to foster,
promote, and develop the foreign and domestic commerce * * * and the
transportation facilities of the United States.
In its reorganization proposals the Commission on Organization of the
Executive Branch of the Government adhered to the statutory definition
of the functions and role of the Department of Commerce. President
Franklin D. Roosevelt and the Congress likewise were guided by this
concept of the Department in transferring to it the Civil Aeronautics
Administration and the Inland Waterways Corporation under the
Reorganization Act of 1939. A careful review of the structure of the
executive branch reveals no other department or agency in which the
Public Roads Administration can so appropriately be located.
The desirability of this transfer of the Public Roads Administration
is further emphasized by its relation to the Federal Property and
Administrative Services bill now pending in the Senate. This bill
creates a new General Services Administration and concentrates in it the
principal central administrative service programs of the executive
branch. The bill also revises the basic legislation on property
management. It has been passed by the House of Representatives by an
overwhelming vote and unanimously reported by the Senate Committee on
Expenditures in the Executive Departments and awaits final action on the
floor of the Senate. This measure substantially conforms to
recommendations which I submitted to the Congress more than a year ago
and to proposals more recently presented by the Commission on
Organization of the Executive Branch of the Government, with which I
concur. The enactment of this bill will constitute an important step in
increasing the efficiency of Federal administration. Since the bill
makes permanent provision for the disposal of surplus property, now
handled by the War Assets Administration which will expire by law on
June 30, early enactment is vital.
In establishing the General Services Administration the Federal
Property and Administrative Services bill transfers to the
Administration all of the functions and units of the Federal Works
Agency. Part of these functions relating to the housing of the
governmental establishment clearly fall within the purpose of such an
Administration. Certain other functions of the Federal Works Agency,
however, bear very little real relation to the objectives of the General
Services Administration. The congressional committees which have dealt
with the bill have frankly indicated that further consideration must be
given to the proper location of some of the programs of the Federal
Works Agency. The sooner these unrelated programs can be removed from
the new agency, the sooner it can concentrate its efforts upon improving
administrative services throughout the executive branch and make the
contribution to governmental efficiency for which it has been designed.
Principal among the programs of the Federal Works Agency which are
unrelated to the General Services Administration are those of the Public
Roads Administration. This agency is primarily engaged in the
administration of Federal grants to States for highway purposes rather
than in the performance of services for other Federal agencies. Its
functions, therefore, do not fall within the field of activities of the
General Services Administration. Their inclusion cannot but complicate
and impede the development of the General Services Administration in the
performance of its intended purpose. This reorganization plan will
eliminate such a difficulty.
Since the Public Roads Administration will be transferred bodily from
one major agency to another, it is not to be expected that this
reorganization will directly result in any appreciable reduction in its
expenditures at this time. However, the plan will make for better
organization and direction of Federal programs relating to
transportation. Assuming the early enactment of the Federal Property
and Administrative Services bill, the plan will also materially simplify
the development of the proposed General Services Administration and
thereby facilitate improvements in the efficiency of administrative
services throughout the Government.
Harry S. Truman.
The White House, June 20, 1949.
05 USC REORGANIZATION PLAN NO. 8 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 8 OF 1949
05 USC REORGANIZATION PLAN NO. 8 OF 1949
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 8 OF 1949
Reorganization Plan No. 8 of 1949, which proposed reorganization of
the National Military Establishment into a Department of Defense, was
submitted to Congress on July 18, 1949, and was disapproved by act Aug.
10, 1949, ch. 412, 12(i), 63 Stat. 592.
05 USC REORGANIZATION PLAN NO. 1 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 1 OF 1950
05 USC REORGANIZATION PLAN NO. 1 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 1 OF 1950
Reorganization Plan No. 1 of 1950, which proposed reorganizations in
the Department of the Treasury, was submitted to Congress on Mar. 13,
1950, and was disapproved by the Senate on May 11, 1950.
05 USC REGORANIZATION PLAN NO. 2 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 2 OF 1950
05 USC REORGANIZATION PLAN NO. 2 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 2 OF 1950
amended Sept. 6, 1966, Pub. L. 89-554, 8(a), 80
Stat. 662
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
Sections 1-5. (Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80
Stat. 662. Section 1, transferred to the Attorney General, all functions
of other officers, agencies and employees of Department of Justice, with
certain exceptions, see 28 U.S.C. 509. Section 2, provided for
performance of Attorney General's functions by such other officer,
agency or employee as he might authorize, see 28 U.S.C. 510. Section 3,
changed title of ''The Assistant to the Attorney General'' to ''Deputy
Attorney General'', see 28 U.S.C. 504. Sections 4, 5, provided for
positions of Assistant Attorney General and Administrative Assistant
Attorney General, respectively, see 28 U.S.C. 506, 507.)
The Attorney General may from time to time effect such transfers
within the Department of Justice of any of the records, property,
personnel, and unexpended balances (available or to be made available)
of appropriations, allocations, and other funds of such Department as he
may deem necessary in order to carry out the provisions of this
reorganization plan.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 2 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Department of Justice. My reasons for
transmitting this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 2 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2 (a) of the Reorganization Act of 1949.
I have found and hereby declare that it is necessary to include in
the accompanying reorganization plan, by reason of reorganizations made
thereby, provisions for the appointment and compensation of an Assistant
Attorney General and an Administrative Assistant Attorney General. The
rate of compensation fixed for these officers is that which I have found
to prevail in respect of comparable officers in the executive branch of
the Government.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 3 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 3 OF 1950
05 USC REORGANIZATION PLAN NO. 3 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 3 OF 1950
amended June 1, 1971, Pub. L. 92-22, 3, 85 Stat. 76
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
(a) Except as otherwise provided in subsection (b) of this section,
there are hereby transferred to the Secretary of the Interior all
functions of all other officers of the Department of the Interior and
all functions of all agencies and employees of such Department.
(b) This section shall not apply to the functions vested by the
Administrative Procedure Act (60 Stat. 237) (see 5 U.S.C. 551 et seq.
and 701 et seq.) in hearing examiners employed by the Department of the
Interior, nor to the functions of the Virgin Islands Corporation or of
its Board of Directors or officers.
The Secretary of the Interior may from time to time make such
provisions as he shall deem appropriate authorizing the performance by
any other officer, or by any agency or employee, of the Department of
the Interior of any function of the Secretary, including any function
transferred to the Secretary by the provisions of this reorganization
plan.
There shall be in the Department of the Interior one additional
Assistant Secretary of the Interior, who shall be appointed by the
President, by and with the advice and consent of the Senate, who shall
perform such duties as the Secretary of the Interior shall prescribe,
and who shall receive compensation at the rate prescribed by law for
Assistant Secretaries of executive departments.
(Repealed. Pub. L. 92-22, 3, June 1, 1971, 85 Stat. 76. Section
authorized appointment of Administrative Assistant Secretary of
Interior. See 43 U.S.C. 1453a and 5 U.S.C. 5315. Section 3 provided that
such repeal be effective upon Senate confirmation of Presidential
appointment of Assistant Secretary of Interior under successor
provisions.)
The Secretary of the Interior may from time to time effect such
transfers within the Department of the Interior of any of the records,
property, personnel, and unexpended balances (available or to be made
available) of appropriations, allocations, and other funds of such
Department as he may deem necessary in order to carry out the provisions
of this reorganization plan.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 3 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Department of the Interior. My reasons for
transmitting this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 3 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
I have found and hereby declare that it is necessary to include in
the accompanying reorganization plan, by reason of reorganizations made
thereby, provisions for the appointment and compensation of an Assistant
Secretary of the Interior and an Administrative Assistant Secretary of
the Interior. The rate of compensation fixed for these officers is that
which I have found to prevail in respect of comparable officers in the
executive branch of the Government.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 4 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 4 OF 1950
05 USC REORGANIZATION PLAN NO. 4 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 4 OF 1950
Reorganization Plan No. 4 of 1950, which proposed reorganizations in
the Department of Agriculture, was submitted to Congress on Mar. 13,
1950, and was disapproved by the Senate on May 18, 1950.
05 USC REORGANIZATION PLAN NO 5. OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 5 OF 1950
05 USC REORGANIZATION PLAN NO. 5 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 5 OF 1950
amended July 2, 1954, ch. 456, title III, 304, 68
Stat. 430
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
(a) Except as otherwise provided in subsection (b) of this section,
there are hereby transferred to the Secretary of Commerce all functions
of all other officers of the Department of Commerce and all functions of
all agencies and employees of such Department.
(b) This section shall not apply to the functions vested by the
Administrative Procedure Act (60 Stat. 237) (see 5 U.S.C. 551 et seq.
and 701 et seq.) in hearing examiners employed by the Department of
Commerce, nor to the functions of the Civil Aeronautics Board, of the
Inland Waterways Corporation, or of the Advisory Board of the Inland
Waterways Corporation.
The Secretary of Commerce may from time to time make such provisions
as he shall deem appropriate authorizing the performance by any other
officer, or by any agency or employee, of the Department of Commerce of
any function of the Secretary, including any function transferred to the
Secretary by the provisions of this reorganization plan.
(Repealed. July 2, 1954, ch. 456, title III, 304, 68 Stat. 430.
Section authorized an Administrative Assistant Secretary of Commerce.)
The Secretary of Commerce may from time to time effect such transfers
within the Department of Commerce of any of the records, property,
personnel, and unexpended balances (available or to be made available)
of appropriations, allocations, and other funds of such Department as he
may deem necessary in order to carry out the provisions of this
reorganization plan.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 5 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Department of Commerce. My reasons for
transmitting this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 5 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
I have found and hereby declare that it is necessary to include in
the accompanying reorganization plan, by reason of reorganizations made
thereby, provisions for the appointment and compensation of an
Administrative Assistant Secretary of Commerce. The rate of
compensation fixed for this officer is that which I have found to
prevail in respect of comparable officers in the executive branch of the
Government.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REGORANIZATION PLAN NO. 6 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 6 OF 1950
05 USC REORGANIZATION PLAN NO. 6 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 6 OF 1950
amended Pub. L. 99-619, 2(c)(1), Nov. 6, 1986, 100
Stat. 3491
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
(a) Except as otherwise provided in subsection (b) of this section,
there are hereby transferred to the Secretary of Labor all functions of
all other officers of the Department of Labor and all functions of all
agencies and employees of such Department.
(b) This section shall not apply to the functions vested by the
Administrative Procedure Act (60 Stat. 237) (see 5 U.S.C. 551 et seq.
and 701 et seq.) in hearing examiners employed by the Department of
Labor.
The Secretary of Labor may from time to time make such provisions as
he shall deem appropriate authorizing the performance by any other
officer, or by any agency or employee, of the Department of Labor of any
function of the Secretary, including any function transferred to the
Secretary by the provisions of this reorganization plan.
(Repealed. Pub. L. 99-619, 2(c)(1), Nov. 6, 1986, 100 Stat. 3491.
Section authorized an Administrative Assistant Secretary of Labor.)
The Secretary of Labor may from time to time effect such transfers
within the Department of Labor of any of the records, property,
personnel, and unexpended balances (available or to be made available)
of appropriations, allocations, and other funds of such Department as he
may deem necessary in order to carry out the provisions of this
reorganization plan.
(Amendment by Pub. L. 99-619 effective on the day the incumbent, as
of Nov. 6, 1986, of the position abolished ceases to hold the position,
see section 2(e) of Pub. L. 99-619, set out as an Effective Date of 1986
Amendment note under section 5316 of this title.)
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 6 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Department of Labor. My reasons for transmitting
this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 6 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
I have found and hereby declare that it is necessary to include in
the accompanying reorganization plan, by reason of reorganizations made
thereby, provisions for the appointment and compensation of an
Administrative Assistant Secretary of Labor. The rate of compensation
fixed for this officer is that which I have found to prevail in respect
of comparable officers in the executive branch of the Government.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REGORANIZATION PLAN NO. 7 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 7 OF 1950
05 USC REORGANIZATION PLAN NO. 7 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 7 OF 1950
Reorganization Plan No. 7 of 1950, which proposed reorganizations in
the Interstate Commerce Commission, was submitted to Congress on Mar.
13, 1950, and was disapproved by the Senate on May 17, 1950.
05 USC REORGANIZATION PLAN NO. 8 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 8 OF 1950
05 USC REORGANIZATION PLAN NO. 8 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 8 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
(a) Subject to the provisions of subsection (b) of this section,
there are hereby transferred from the Federal Trade Commission,
hereinafter referred to as the Commission, to the Chairman of the
Commission, hereinafter referred to as the Chairman, the executive and
administrative functions of the Commission, including functions of the
Commission with respect to (1) the appointment and supervision of
personnel employed under the Commission, (2) the distribution of
business among such personnel and among administrative units of the
Commission, and (3) the use and expenditure of funds.
(b)(1) In carrying out any of his functions under the provisions of
this section the Chairman shall be governed by general policies of the
Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
(2) The appointment by the Chairman of the heads of major
administrative units under the Commission shall be subject to the
approval of the Commission.
(3) Personnel employed regularly and full time in the immediate
offices of members of the Commission other than the Chairman shall not
be affected by the provisions of this reorganization plan.
(4) There are hereby reserved to the Commission its functions with
respect to revising budget estimates and with respect to determining
upon the distribution of appropriated funds according to major programs
and purposes.
The Chairman may from time to time make such provisions as he shall
deem appropriate authorizing the performance by any officer, employee,
or administrative unit under his jurisdiction of any function
transferred to the Chairman by the provisions of this reorganization
plan.
The functions of the Commission with respect to choosing a Chairman
from among the membership of the Commission are hereby transferred to
the President.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 8 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Federal Trade Commission. My reasons for
transmitting this plan are stated in any accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 8 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REGORANIZATION PLAN NO. 9 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 9 OF 1950
05 USC REORGANIZATION PLAN NO. 9 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 9 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
(a) Subject to the provisions of subsection (b) of this section,
there are hereby transferred from the Federal Power Commission,
hereinafter referred to as the Commission, to the Chairman of the
Commission, hereinafter referred to as the Chairman, the executive and
administrative functions of the Commission, including functions of the
Commission with respect to (1) the appointment and supervision of
personnel employed under the Commission, (2) the distribution of
business among such personnel and among administrative units of the
Commission, and (3) the use and expenditure of funds.
(b)(1) In carrying out any of his functions under the provisions of
this section the Chairman shall be governed by general policies of the
Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
(2) The appointment by the Chairman of the heads of major
administrative units under the Commission shall be subject to the
approval of the Commission.
(3) Personnel employed regularly and full time in the immediate
offices of Commissioners other than the Chairman shall not be affected
by the provisions of this reorganization plan.
(4) There are hereby reserved to the Commission its functions with
respect to revising budget estimates and with respect to determining
upon the distribution of appropriated funds according to major programs
and purposes.
The Chairman may from time to time make such provisions as he shall
deem appropriate authorizing the performance by any officer, employee,
or administrative unit under his jurisdiction of any function
transferred to the Chairman by the provisions of this reorganization
plan.
The functions of the Commission with respect to choosing a Chairman
from among the commissioners composing the Commission are hereby
transferred to the President.
(The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary of
Energy (except for certain functions which were transferred to the
Federal Energy Regulatory Commission) by 42 U.S.C. 7151(b), 7171(a),
7172(a), 7291, and 7293.)
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 9 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Federal Power Commission. My reasons for
transmitting this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 9 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REGORANIZATION PLAN NO. 10 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 10 OF 1950
05 USC REORGANIZATION PLAN NO. 10 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 10 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
(a) Subject to the provisions of subsection (b) of this section there
are hereby transferred from the Securities and Exchange Commission,
hereinafter referred to as the Commission, to the Chairman of the
Commission, hereinafter referred to as the Chairman, the executive and
administrative functions of the Commission, including functions of the
Commission with respect to (1) the appointment and supervision of
personnel employed under the Commission, (2) the distribution of
business among such personnel and among administrative units of the
Commission, and (3) the use and expenditure of funds.
(b)(1) In carrying out any of his functions under the provisions of
this section the Chairman shall be governed by general policies of the
Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
(2) The appointment by the Chairman of the heads of major
administrative units under the Commission shall be subject to the
approval of the Commission.
(3) Personnel employed regularly and full time in the immediate
offices of Commissioners other than the Chairman shall not be affected
by the provisions of this reorganization plan.
(4) There are hereby reserved to the Commission its functions with
respect to revising budget estimates and with respect to determining
upon the distribution of appropriated funds according to major programs
and purposes.
The Chairman may from time to time make such provisions as he shall
deem appropriate authorizing the performance by any officer, employee,
or administrative unit under his jurisdiction of any function
transferred to the Chairman by the provisions of section 1 of this
reorganization plan.
The functions of the Commission with respect to choosing a Chairman
from among the Commissioners composing the Commission are hereby
transferred to the President.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 10 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Securities and Exchange Commission. My reasons
for transmitting this plan are stated in an accompanying general
message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 10 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 11 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 11 OF 1950
05 USC REORGANIZATION PLAN NO. 11 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 11 OF 1950 05 USC TITLE 5,
APPENDIX -- REORGANIZATION PLAN NO. 12 OF 1950
Reorganization Plan No. 11 of 1950, which proposed reorganizations
in the Federal Communications Commission, was submitted to Congress on
Mar. 13, 1950, and was disapproved by the Senate on May 17, 1950.
05 USC REORGANIZATION PLAN NO. 12 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 12 OF 1950
05 USC REORGANIZATION PLAN NO. 12 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 12 OF 1950
Reorganization Plan No. 12 of 1950, which proposed reorganizations
in the National Labor Relations Board, was submitted to Congress on Mar.
13, 1950, and was disapproved by the Senate on May 11, 1950.
05 USC REORGANIZATION PLAN NO. 13 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 13 OF 1950
05 USC REORGANIZATION PLAN NO. 13 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 13 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
(a) Subject to the provisions of subsection (b) of this section,
there are hereby transferred from the Civil Aeronautics Board,
hereinafter referred to as the Board, to the Chairman of the Board,
hereinafter referred to as the Chairman, the executive and
administrative functions of the Board, including functions of the Board
with respect to (1) the appointment and supervision of personnel
employed under the Board, (2) the distribution of business among such
personnel and among administrative units of the Board, and (3) the use
and expenditure of funds.
(b)(1) In carrying out any of his functions under the provisions of
this section the Chairman shall be governed by general policies of the
Board and by such regulatory decisions, findings, and determinations as
the Board may by law be authorized to make.
(2) The appointment by the Chairman of the heads of major
administrative units under the Board shall be subject to the approval of
the Board.
(3) Personnel employed regularly and full time in the immediate
offices of members of the Board other than the Chairman shall not be
affected by the provisions of this reorganization plan.
(4) There are hereby reserved to the Board its functions with respect
to revising budget estimates and with respect to determining upon the
distribution of appropriated funds according to major programs and
purposes.
The Chairman may from time to time make such provisions as he shall
deem appropriate authorizing the performance by any officer, employee,
or administrative unit under his jurisdiction of any function
transferred to the Chairman by the provisions of this reorganization
plan.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 13 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Civil Aeronautics Board. My reasons for
transmitting this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 13 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 14 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 14 OF 1950
05 USC REORGANIZATION PLAN NO. 14 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 14 OF 1950
amended May 21, 1970, Pub. L. 91-258, title I,
52(b)(7), 84 Stat. 235
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
In order to assure coordination of administration and consistency of
enforcement of the labor standards provisions of each of the following
Acts by the Federal agencies responsible for the administration thereof,
the Secretary of Labor shall prescribe appropriate standards,
regulations, and procedures, which shall be observed by these agencies,
and cause to be made by the Department of Labor such investigations,
with respect to compliance with and enforcement of such labor standards,
as he deems desirable, namely: (a) The Act of March 3, 1931 (46 Stat.
1494, ch. 411), as amended (40 U.S.C. 276a to 276a-6); (b) the Act of
June 13, 1934 (48 Stat. 948, ch. 482) (40 U.S.C. 276c); (c) the Act of
August 1, 1892 (27 Stat. 340, ch. 352), as amended (40 U.S. C.
321-323); (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as
amended (40 U.S.C. 324, 325); (e) the Act of June 3, 1939 (53 Stat.
804, ch. 175), as amended (12 U.S.C. 1703, 1708-1711, 1713, 1715c,
1716); (f) the Act of August 13, 1946 (60 Stat. 1040, ch. 958); (g)
the Act of May 13, 1946 (60 Stat. 170, ch. 251), as amended (49 App. U.
S.C. 1101-1119); (h) the Airport and Airway Development Act of 1970 (49
App. U.S.C. 1701 et seq.); and (i) the Act of July 15, 1949 (ch. 338,
Public Law 171, Eighty-first Congress, First Session). (As amended Pub.
L. 91-258, title I, 52(b)(7), May 21, 1970, 84 Stat. 235).
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 14 of 1950, prepared in
accordance with the provisions of the Reorganization Act of 1949. For
the purpose of coordinating the administration of labor standards under
various statutes relating to Federal construction and public works or to
construction with federally financed assistance or guaranties, the
reorganization plan authorizes the Secretary of Labor to prescribe
appropriate standards, regulations, and procedures with respect to these
matters and to make such investigations concerning compliance with, and
enforcement of, labor standards as he deems desirable. The purpose is
to assure consistent and effective enforcement of such standards.
The plan is in general accord with the recommendations of the
Commission on Organization of the Executive Branch of the Government.
It constitutes a further step in rebuilding and strengthening the
Department of Labor to make it the central agency of the Government for
dealing with labor problems.
After investigation I have found and hereby declare that the
reorganization contained in this plan is necessary to accomplish one or
more of the purposes set forth in section 2(a) of the Reorganization Act
of 1949.
There are several laws regulating wages and hours of workers employed
on Federal contracts for public works or construction. The ''eight hour
laws'' limit the employment of laborers and mechanics on such projects
to 8 hours per day and permit their employment in excess of that limit
only upon condition that time and one-half the basic-wage rate is paid
for the excess hours. The Davis-Bacon Act provides that the minimum
rates of pay for laborers and mechanics on certain Federal public-works
contracts shall be those prevailing for the corresponding classes of
workers in the locality as determined by the Secretary of Labor. The
Copeland anti-kick-back law prohibits the exaction of rebates or
kick-backs from workers employed on the construction of Federal public
works or works financed by the Federal Government and authorizes the
Secretary of Labor to make regulations for contractors engaged on such
projects.
In addition to the above statutes, there are several acts which
require the payment of prevailing-wage rates, as determined by the
Secretary of Labor, to laborers and mechanics employed on construction
financed in whole or in part by loans or grants from the Federal
Government or by mortgages guaranteed by the Federal Government. These
acts are: the National Housing Act, the Housing Act of 1949, the
Federal Airport Act, and the Hospital Survey and Construction Act of
1946.
With the exception of the Department of Labor, the Federal agencies
involved in the administration of the various acts are divided into two
classes: (1) agencies which contract for Federal public works or
construction; and (2) agencies which lend or grant Federal funds, or
act as guarantors of mortgages, to aid in the construction of projects
to be built by State or local public agencies or private individuals and
groups. The methods of enforcing labor standards necessarily differ
between these two groups of agencies.
The methods adopted by the various agencies for the enforcement of
labor standards vary widely in character and effectiveness. As a
result, uniformity of enforcement is lacking and the degree of
protection afforded workers varies from agency to agency.
In order to correct this situation, this plan authorizes the
Secretary of Labor to coordinate the administration of legislation
relating to wages and hours on federally financed or assisted projects
by prescribing standards, regulations, and procedures to govern the
enforcement activities of the various Federal agencies and by making
such investigations as he deems desirable to assure consistent
enforcement. The actual performance of enforcement activities, normally
including the investigation of complaints of violations, will remain the
duty of the respective agencies awarding the contracts or providing the
Federal assistance.
Since the principal objective of the plan is more effective
enforcement of labor standards, it is not probable that it will result
in savings. But it will provide more uniform and more adequate
protection for workers through the expenditures made for the enforcement
of the existing legislation.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 15 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 15 OF 1950
05 USC REORGANIZATION PLAN NO. 15 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 15 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
There are hereby transferred to the Secretary of the Interior all
functions of the Administrator of General Services under the Alaska
Public Works Act, approved August 24, 1949, and under the Act of
December 20, 1944, 58 Stat. 827, entitled ''An Act to assist in the
internal development of the Virgin Islands by the undertaking of useful
projects therein, and for other purposes,'' as amended (48 U.S.C. 1409
et seq.), together with so much of any other function of the
Administrator of General Services or of the General Services
Administration as is incidental to or necessary for the carrying out of
the provisions of such Acts.
The Secretary of the Interior may from time to time make such
provisions as he shall deem appropriate authorizing the performance by
any other officer, or by any agency or employee, of the Department of
the Interior of any function transferred to such Secretary by the
provisions of this reorganization plan.
There are hereby transferred to the Department of the Interior, to be
used, employed, and expended in connection with the functions
transferred by the provisions of this reorganization plan, the records
and property now being used or held in connection with such functions,
the personnel employed in connection with such functions, and the
unexpended balances of appropriations, allocations, and other funds
available or to be made available for use in connection with such
functions. Such further measures and dispositions as the Director of
the Bureau of the Budget shall determine to be necessary in order to
effectuate the transfers provided for in this section shall be carried
out in such manner as the Director shall direct and by such agencies as
he shall designate.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 15 of 1950, prepared in
accordance with the Reorganization Act of 1949. The plan transfers the
functions of the General Services Administration relating to public
works in Alaska and in the Virgin Islands to the Department of the
Interior. My reasons for transmitting this plan are stated in an
accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 15 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
The savings to be realized from the transfers provided for in the
plan cannot be predicted in detail at this time. The small size and
restricted character of the Virgin Islands public-works program will
prevent large reductions in administrative expenditures. However, by
placing the responsibility for the activity in the Department generally
concerned with the government and welfare of the islands, the plan will
lead to a closer integration of the public-works program with verified
needs.
The Alaska public-works program is new and will continue to grow for
some time. As a result the over-all costs of administration will
increase under any organizational arrangements which may be established.
The concentration of responsibility in the Department already charged
with the execution of related programs in Alaska and required by law to
approve all projects constructed under the Alaska Public Works Act of
1949 should, however, simplify relationships and lead to more economical
administration than would otherwise be possible.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 16 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 16 OF 1950
05 USC REORGANIZATION PLAN NO. 16 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 16 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
There are hereby transferred to the Federal Security Administrator
all functions of the Administrator of General Services under the Act of
September 10, 1949, entitled ''An Act to provide assistance for local
school agencies in providing educational opportunities for children on
Federal reservations or in defense areas, and for other purposes (20 U.
S.C. 231-235, see 20 U.S.C. 236 et seq.),'' and under the Water
Pollution Control Act, approved June 30, 1948, as amended (33 U.S.C.
1151 et seq., see 33 U.S.C. 1251 et seq.), together with so much of any
other function of the Administrator of General Services or of the
General Services Administration as is incidental to or necessary for the
carrying out of the provisions of such Acts.
The Federal Security Administrator may from time to time make such
provisions as he shall deem appropriate authorizing the performance by
any other officer, or by any agency or employee, of the Federal Security
Agency of any function transferred to such Administrator by the
provisions of this reorganization plan.
There are hereby transferred to the Federal Security Agency, to be
used, employed, and expended in connection with the functions
transferred by the provisions of this reorganization plan, the records
and property now being used or held in connection with such functions,
the personnel employed in connection with such functions, and the
unexpended balances of appropriations, allocations, and other funds
available or to be made available for use in connection with such
functions. Such further measures and dispositions as the Director of
the Bureau of the Budget shall determine to be necessary in order to
effectuate the transfers provided for in this section shall be carried
out in such manner as the Director shall direct and by such agencies as
he shall designate.
(Federal Security Agency abolished and functions transferred to
Department of Health, Education, and Welfare (Health and Human Services)
by Reorg. Plan No. 3 of 1953.)
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 16 of 1950, prepared in
accordance with the Reorganization Act of 1949. The plan transfers to
the Federal Security Agency the functions of the General Services
Administration relating to assistance to local school districts and
grants and loans for water-pollution-control projects. My reasons for
transmitting this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 16 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
The transfer of the responsibility for making payments to local
school districts whose operating deficits are due in part to Federal
activities is unlikely to result in an immediate reduction in
expenditures for the administration of the program. However, by placing
the function in the agency of the Government best informed in matters of
public-school administration and presently charged with the payment of
other grants for educational purposes, the plan will provide additional
assurance that the funds appropriated for assistance to overburdened
school districts will be most advantageously expended.
The relative newness and expanding character of the
water-pollution-control program prevents the itemization of the
reductions in expenditures which will follow the consolidation of
responsibility for this activity. It is expected that the elimination
of overlapping and the simplification of relationships which will result
from the transfer will make it possible to administer grants and loans
more expeditiously and at lower costs per project than can be done under
the present division of responsibility.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 17 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 17 OF 1950
05 USC REORGANIZATION PLAN NO. 17 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 17 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
Except as otherwise provided in section 2 of this reorganization
plan, there are hereby transferred to the Housing and Home Finance
Administrator all functions of the Administrator of General Services
under,
(1) the Act of October 13, 1949, entitled ''An Act to provide for the
advance planning of non-Federal public works (40 U.S.C. 451 et seq.),''
(2) title V of the War Mobilization and Reconversion Act of 1944, 58
Stat. 791, as amended (50 App. U.S.C. 1671), and
(3) title II of the Act of October 14, 1940, entitled ''An Act to
expedite the provision of housing in connection with national defense,
and for other purposes,'' as amended (42 U.S.C. 1531-1535), together
with so much of any other function of the Administrator of General
Services or of the General Services Administration as is incidental to
or necessary for the carrying out of the foregoing provisions of law.
There are hereby excluded from the transfer effected by the
provisions of section 1 of this reorganization plan functions with
respect to the holding, management, and disposition of securities
received prior to the effective date of this reorganization plan by the
General Services Administration or its predecessor agency by reason of
the disposal of property constructed or otherwise acquired under the
provisions of said Title II (42 U.S.C. 1531-1535), and functions with
respect to litigation, and the liquidation of claims, arising out of the
acquisition of land or the construction of facilities under the
provisions of said Title II.
The Housing and Home Finance Administrator may from time to time make
such provisions as he shall deem appropriate authorizing the performance
by any other officer, or by any agency or employee, of the Housing and
Home Finance Agency of any function transferred to such Administrator by
the provisions of this reorganization plan.
There are hereby transferred to the Housing and Home Finance Agency,
to be used, employed, and expended in connection with the functions
transferred by the provisions of this reorganization plan, the records
and property now being used or held in connection with such functions,
the personnel employed in connection with such functions, and the
unexpended balances of appropriations, allocations, and other funds
available or to be made available for use in connection with such
functions. Such further measures and dispositions as the Director of
the Bureau of the Budget shall determine to be necessary in order to
effectuate the transfers provided for in this section shall be carried
out in such manner as the Director shall direct and by such agencies as
he shall designate.
(Housing and Home Finance Agency lapsed and functions were
transferred to Secretary of Housing and Urban Development, see section
9(c) of Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 670, set out as a note
under 42 U.S.C. 3531.)
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 17 of 1950, prepared in
accordance with the Reorganization Act of 1949. The plan transfers the
functions of the General Services Administration relating to the advance
planning of non-Federal public works and the management and disposal of
certain war public works to the Housing and Home Finance Agency. My
reasons for transmitting this plan are stated in an accompanying general
message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 17 is necessary to
accomplish one or more of the purposes set forth in section 2(a) of the
Reorganization Act of 1949.
The first of the transfers provided for by this plan will result in
the more economical administration of those activities of the Federal
Government which are concerned with the over-all planning and
development of communities. The concentration of responsibility in a
single agency will make it possible to so integrate administration as to
avoid duplication of technical staffs and to simplify relationships with
State and local agencies. Moreover, by reducing the likelihood that the
two programs involved will be administered at cross-purposes or in
conflict with each other, it can be expected that the money expended
will achieve greater benefits than would be likely under the present
distribution of responsibility. It is not, however, possible to itemize
the reduction in expenditures which will result, chiefly because both
programs are of recent origin and are still undergoing expansion.
The transfer of the war public works functions will lead to modest
savings by consolidating the responsibility for the management and
disposal of all properties built or acquired under the Lanham Act of
1940, as amended, in the Agency which already has the greater part of
the total job. The fact that it will become possible to manage and
dispose of public facilities serving emergency housing developments
without the interagency negotiation which is now necessary will lead to
economies, although they cannot be itemized or predicted with exactness.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 18 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 18 OF 1950
05 USC REORGANIZATION PLAN NO. 18 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 18 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
Functions
All functions with respect to acquiring space in buildings by lease,
and all functions with respect to assigning and reassigning space in
buildings for use by agencies (including both space acquired by lease
and space in Government-owned buildings), are hereby transferred from
the respective agencies in which such functions are now vested to the
Administrator of General Services, exclusive, however, of all such
functions with respect to --
(a) space in buildings located in any foreign country;
(b) space in buildings which are located on the grounds of any fort,
camp, post, arsenal, Navy yard, naval training station, airfield,
proving ground, military supply depot, or school, or of any similar
facility, of the Department of Defense, unless and to such extent as a
permit for its use shall have been issued by the Secretary of Defense or
his duly authorized representative;
(c) space occupied by the Post Office Department in post-office
buildings and space acquired by lease for post-office purposes; and
(d) space in other Government-owned buildings which the Administrator
of General Services finds are wholly or predominantly utilized for the
special purposes of the agency having the custody thereof and are not
generally suitable for the use of other agencies (including but not
limited to hospitals, housing, laboratories, mints, manufacturing
plants, and penal institutions), and space acquired by lease for any
such purpose:
Provided, That the space needs of the Post Office Department shall be
given priority in the assignment and reassignment of space in post
office buildings.
All functions with respect to the operation, maintenance, and custody
of office buildings owned by the Government and of office buildings or
parts thereof acquired by lease, including those post-office buildings
which, as determined by the Director of the Bureau of the Budget, are
not used predominantly for post-office purposes, are hereby transferred
from the respective agencies in which now vested to the Administrator of
General Services, exclusive, however, of all such functions with respect
to --
(a) any building located in any foreign country;
(b) any building located on the grounds of any fort, camp, post,
arsenal, navy yard, naval training station, air field, proving ground,
military supply depot, or school, or of any similar facility, of the
Department of Defense, unless and to such extent as a permit for its use
by another agency or agencies shall have been issued by the Secretary of
Defense or his duly authorized representative;
(c) any building which the Administrator of General Services finds to
be a part of a group of buildings which are (1) located in the same
vicinity, (2) are utilized wholly or predominantly for the special
purposes of the agency having custody thereof, and (3) are not generally
suitable for the use of other agencies; and
(d) the Treasury Building, the Bureau of Engraving and Printing
Building, the buildings occupied by the National Bureau of Standards,
and the buildings under the jurisdiction of the regents of the
Smithsonian Institution.
(References to National Bureau of Standards deemed to refer to
National Institute of Standards and Technology pursuant to section
5115(c) of Pub. L. 100-418, set out as a Change of Name note under 15
U.S.C. 271.)
(a) The Administrator of General Services may from time to time make
such provisions as he shall deem appropriate authorizing the performance
by any other officer, or by any agency or employee, of the General
Services Administration of any function transferred to such
Administrator by the provisions of this reorganization plan.
(b) When authorized by the Administrator of General Services, any
function transferred to him by the provisions of this reorganization
plan may be performed by the head of any agency of the executive branch
of the Government or, subject to the direction and control of any such
agency head, by such officers, employees, and organizational units under
the jurisdiction of such agency head as such agency head may designate:
Provided, That functions with respect to post-office buildings shall not
be delegated under the authority of this subsection to the head of any
agency other than the Postmaster General.
(c) The Administrator of General Services shall prescribe such
regulations as he deems desirable for the economical and effective
performance of the functions transferred by the provisions of this
reorganization plan.
There shall be transferred from time to time, between the agencies
concerned and for use in connection with the functions transferred by
the provisions of this reorganization plan, so much of the personnel,
property, records, and unexpended balances (available or to be made
available) of appropriations, allocations, and other funds, relating to
such functions, as may be necessary for the performance of said
functions. Such further measures and dispositions as the Director of
the Bureau of the Budget shall determine to be necessary in order to
effectuate the transfers provided for in this section shall be carried
out in such manner as the Director shall direct and by such agencies as
he shall designate.
The provisions of this reorganization plan shall take effect on the
1st day of July, 1950.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 18 of 1950, prepared in
accordance with the provisions of the Reorganization Act of 1949. The
plan transfers to the Administrator of General Services the functions of
the various Federal agencies with respect to leasing and assigning
general-purpose space in buildings and the operation, maintenance, and
custody of office buildings. Since such authority is already largely
concentrated in the General Services Administration with respect to the
District of Columbia, the plan principally relates to the administration
of these functions in the field.
The transfers made by this plan will promote more economical leasing,
better utilization of building space, and more efficient operation of
Government-controlled office buildings. They will effectuate the
recommendations of the Commission on Organization of the Executive
Branch of the Government with respect to concentrating in the General
Services Administration the responsibility for space allotment and the
operation of Government buildings outside of the District of Columbia.
Likewise, they will extend the principles laid down by the Congress in
enacting the Federal Property and Administrative Services Act of 1949 to
another important area of Government-wide administrative services -- the
administration of Government office buildings and general-purpose
building space in the field.
Within the District of Columbia, one agency, the Public Buildings
Service of the General Services Administration, has long had the
operation and custody of most Government buildings and the leasing and
assignment of space for executive agencies. Thus, nearly all requests
for building space are handled by a single organization which is
responsible for seeing that agencies are properly and efficiently
housed. This arrangement has proved its worth and has repeatedly been
approved by the Congress.
Outside of the National Capital, however, responsibility for the
acquisition and control of building space and the operation of
Government buildings is widely diffused. A variety of agencies operate
and control general-purpose buildings. If quarters are not available in
Federal buildings, each agency ordinarily does its own leasing. As a
result, in some cases Federal agencies have contracted for space at high
rentals at the very time that other agencies have been giving up surplus
low-cost space.
The assignment of space in Government-owned buildings outside of
Washington is also divided among a number of agencies. While the Public
Buildings Service constructs a large part of the Government buildings,
it operates and controls the assignment of space in only a small
proportion of them. The Post Office Department operates and allocates
the space in post-office buildings, several hundred of which contain
substantial amounts of office space available for other agencies.
During and immediately after the war several other Federal agencies
acquired office buildings in the field. As their activities have
contracted, surplus space in many of these structures has become
available for other uses.
This plan concentrates in the General Services Administration the
responsibility for the leasing and assignment of what is termed
general-purpose building space; that is, space which is suitable for
the uses of a number of Federal agencies. It specifically excludes
space in buildings at military posts, arsenals, navy yards, and similar
defense installations and space in hospitals, laboratories, factories,
and other special-purpose buildings.
Also, the plan excludes the Post Office Department from the transfer
of leasing authority since the Department has a highly developed
organization for this purpose, and it limits the transfer of space
assignment authority in post-office buildings to the space not occupied
by the Department. Further, it gives the needs of the Post Office
Department priority in the assignment of space in post-office buildings.
Thus, the plan amply safeguards the interests of the Post Office
Department while making it possible to include the general office space
in post-office buildings in any given city with other similar space
under Federal control in planning and executing an efficient program for
housing Government agencies in that area.
In addition, the plan transfers to the General Services
Administration the operation, maintenance, and custody of office
buildings owned or leased by the Government, including those post-office
buildings which are not used predominantly for post-office purposes.
This will make it possible to establish a single organization for the
operation and maintenance of Government office buildings in principal
cities in the field as has proved desirable in the National Capital.
Since many post offices are in fact primarily large office buildings,
the plan includes in this transfer the post-office buildings which are
not used predominantly for post-office purposes. This will relieve the
Post Office Department of a considerable expenditure for building
operation and maintenance which properly should not be charged against
postal revenues.
While the plan effects a broad transfer of functions with respect to
leasing and assignment of space and the operation and maintenance of
office buildings, it specifically authorizes the Administrator of
General Services to delegate the performance of any part of these
functions to other agencies subject to such regulations as he deems
desirable for economical and effective administration. In this the plan
follows the pattern adopted by the Federal Property and Administrative
Services Act of 1949 for other branches of property management. In
large urban centers where numerous Federal units are located unified
administration of space activities by the General Services
Administration will normally be advantageous. On the other hand, in the
smaller communities it will no doubt be desirable to delegate the work
back to the agencies directly affected, to be carried on under standards
laid down by the Administrator of General Services. The plan provides
ample flexibility for working out the most effective administrative
arrangement for each type of situation.
The fundamental soundness and economy of centralized administration
of building space have been amply demonstrated in the National Capital.
By virtue of unified control it has been possible since the war to
accomplish far-reaching changes which have consolidated agencies in much
fewer locations, released many of the rented buildings, and greatly
reduced the cost of housing the Government establishment. Similar
procedures applied in the larger centers of field activity should
produce substantial savings.
After investigation, I have found, and hereby declare, that each
reorganization contained in this plan is necessary to accomplish one or
more of the purposes set forth in section 2(a) of the Reorganization Act
of 1949.
While it is not possible at this time to calculate the reduction in
expenditures which will result from this plan, it can safely be
predicted that it will produce substantial savings. I am confident that
this reorganization plan will constitute a significant improvement in
Federal business practice and will bring about an important increase in
efficiency in housing Government agencies.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 19 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 19 OF 1950
05 USC REORGANIZATION PLAN NO. 19 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 19 OF 1950
Reorg. Plan No. 19 of 1950, 15 F.R. 3178, 64 Stat. 1271, which
related to employee's compensation functions, was repealed by Pub. L.
89-554, 8(a), Sept. 6, 1966, 80 Stat. 662. See sections 8145 and 8149
of Title 5, Government Organization and Employees.
05 USC REORGANIZATION PLAN NO. 20 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 20 OF 1950
05 USC REORGANIZATION PLAN NO. 20 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 20 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
State to Administrator of General Services
There are hereby transferred to the Administrator of General Services
the functions of the Secretary of State and the Department of State with
respect to:
(a) The receipt and preservation of the original copies of bills,
orders, resolutions, and votes (R.S. 204, as amended) (1 U.S.C. 106a);
(b) The publication of acts and joint resolutions in slip form and
the compilation, editing, indexing, and publication of the United States
Statutes at Large, except such functions with respect to treaties and
other international agreements (1 U.S.C. 112; R.S. 204, as amended (1
U.S.C. 106a, 112; 44 U.S.C. 728); R.S. 210, as amended (22 U.S.C.
2660; 44 U.S.C. 710); R.S. 3805, as amended (44 U.S.C. 711); R.S.
3806, as amended (44 U.S.C. 712); Act of Jan. 12, 1895, 28 Stat. 609
and 615, as amended (44 U.S.C. 709-712, 728); Act of April 12, 1904, 33
Stat. 587 (44 U.S.C. 729));
(c) The certification and publication of amendments to the
Constitution of the United States (R.S. 205 (1 U.S.C. 106b)) and the
preservation of such amendments;
(d) Certificates of appointment of the electors of the President and
Vice President and certificates of the votes of such electors for
President and Vice President (3 U.S.C. 6, 11-13); and
(e) The collection, copying, arranging, editing, copy reading, and
indexing of the official papers of the Territories (Act of March 3,
1925, 43 Stat. 1104, as amended; Act of July 31, 1945, 59 Stat. 510 (4
U.S.C 141 et seq.)).
(a) The duty of the Secretary of State of procuring copies of all
statutes of the several States is hereby abolished, but this shall not
limit his authority to procure copies of such State statutes as may be
needed in the performance of his functions (R.S. 206) (22 U.S.C. 2659).
(b) The duty of the Secretary of State of publishing Executive
proclamations and treaties in a newspaper in the District of Columbia is
hereby abolished (Act of July 31, 1876, 19 Stat. 105, as amended, 44
U.S.C. 321 (44 U.S.C. 3701)).
The Administrator of General Services may from time to time make such
provisions as he shall deem appropriate authorizing the performance by
any other officer, or by any agency or employee, of the General Services
Administration of any function transferred to such Administrator by the
provisions of this reorganization plan.
There are hereby transferred to the General Services Administration,
to be used, employed, and expended in connection with the functions
transferred by the provisions of this reorganization plan, the records
and property now being used or held in connection with such functions,
the personnel employed in connection with such functions, and the
unexpended balances of appropriations, allocations, and other funds
available or to be made available for use in connection with such
functions. Such further measures and dispositions as the Director of
the Bureau of the Budget shall determine to be necessary in order to
effectuate the transfers provided for in this section shall be carried
out in such manner as the Director shall direct and by such agencies as
he shall designate.
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 20 of 1950, prepared in
accordance with the provisions of the Reorganization Act of 1949. This
plan transfers from the Secretary of State to the Administrator of
General Services a number of functions which have no connection with
foreign affairs but bear a close relation to the archival and records
functions of the General Services Administration.
Since its establishment in 1789 the Department of State has performed
certain routine secretarial and recordkeeping functions for the Federal
Government which are entirely extraneous to its basic mission with
respect to the conduct of foreign relations. While these activities do
not properly belong in the Department, they were assigned to it and
continued under its jurisdiction for want of an appropriate agency for
their performance. At present these functions consist of the
preservation and publication of laws, the preparation and publication of
the Statutes at Large, the certification and publication of
constitutional amendments, the receipt and preservation of certificates
of Presidential electors and of electoral votes, and the compilation and
publication of Territorial papers.
Through the National Archives and Records Service the General
Services Administration is especially staffed and equipped for the
conduct of activities of these types. It is the principal custodian of
the official records of the Government. Under the Federal Register Act
and the Administrative Procedure Act, it preserves and publishes in the
Federal Register the Executive orders, proclamations, and other
principal executive documents and it codifies and publishes the rules
and regulations promulgated by the various departments and agencies.
This work is generally similar in nature to, and much greater in volume
than, that performed by the Department of State with respect to
constitutional amendments, laws, and proclamations. Consequently, the
consolidation of these activities of the State Department with the
archival and records activities of the General Services Administration
should make for greater efficiency and economy. The plan, however, does
not transfer the custody and publication of treaties and international
agreements, since they are matters of special concern to the Department
of State and it is the agency most competent to edit such documents.
The handling of the certificates of Presidential electors and the
compilation and publication of Territorial papers also more
appropriately belong in the General Services Administration. The first
is largely a matter of record keeping and the second of archival
research. The preparation of the Territorial papers involves the
compilation and editing of official documents of the various Territories
formerly existing within the United States. The greater part of this
material is now in the National Archives and the work involved is
generally similar to that being performed by it with respect to other
groups of public records.
In addition, the plan abolishes two statutory duties of the Secretary
of State which have become obsolete. The first is the duty of procuring
copies of all State statutes as provided in the act of September 23,
1789 (R.S. 206). Inasmuch as the Library of Congress now has a complete
collection of the State laws, it is no longer necessary for the
Department of State to maintain a complete collection. The second is
the requirement, imposed by the act of July 31, 1876 (19 Stat. 105), as
amended, that the Secretary of State publish proclamations and treaties
in a newspaper in the District of Columbia. This is now unnecessary
since proclamations are published in the Federal Register and treaties
are made available currently in slip form in the Treaties and Other
International Acts Series.
After investigation I have found and hereby declare that each
reorganization included in this plan is necessary to accomplish one or
more of the purposes set forth in section 2(a) of the Reorganization Act
of 1949.
The transfers provided by this plan will relieve the State Department
of a number of functions that have no relation to its primary purpose
and place them in an agency especially designed for the performance of
such activities. Until these functions are incorporated in the
operations of the General Services Administration, it will not, of
course, be practicable to determine the economies attributable to their
transfer, but it is reasonable to expect modest yet worth-while savings
to be achieved.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 21 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 21 OF 1950
05 USC REORGANIZATION PLAN NO. 21 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 21 OF 1950
amended Reorg. Plan No. 7 of 1961, 305, eff. Aug.
12, 1961, 26 F.R. 7315, 75 Stat. 840; Oct. 21, 1970,
Pub. L. 91-469, 37, 84 Stat. 1036
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
Sections 101-106. (Superseded. Reorg. Plan No. 7 of 1961, 305, eff.
Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840. Section 101 established the
Federal Maritime Board. Section 102 provided for the composition of the
Federal Maritime Board. Section 103 transferred certain functions from
the Chairman of the United States Maritime Commission to the Chairman of
the Federal Maritime Board. Section 104 transferred regulatory functions
of the United States Maritime Commission to the Federal Maritime Board.
Section 105 transferred subsidy award and other functions of the United
States Maritime Commission to the Federal Maritime Board. Section 106
provided that the Board was to be an agency within the Department of
Commerce, but would be independent of the Secretary of Commerce with
respect to functions transferred to it under section 104.)
There is hereby established in the Department of Commerce a Maritime
Administration.
Sec. 202 (Superseded. Reorg. Plan No. 7 of 1961, 305, eff. Aug. 12,
1961, 26 F.R. 7315, 75 Stat. 840. Section provided for a Maritime
Administrator to be at the head of the Maritime Administration, and that
the Chairman of the Federal Maritime Board would be such Administrator
and would perform duties prescribed by the Secretary of Commerce.)
There shall be in the Maritime Administration a Deputy Maritime
Administrator, who shall be appointed by the Secretary of Commerce,
after consultation with the Administrator, under the classified civil
service, and who shall perform such duties as the Administrator shall
prescribe. The Deputy Maritime Administrator shall be Acting Maritime
Administrator during the absence or disability of the Administrator and,
unless the Secretary of Commerce shall designate another person, during
a vacancy in the office of Administrator: Provided, That such Deputy
Administrator shall at no time sit as a member or acting member of the
Federal Maritime Board.
Except as otherwise provided in part I of this reorganization plan,
all functions of the United States Maritime Commission and of the
Chairman of said Commission are hereby transferred to the Secretary of
Commerce. The Secretary of Commerce may from time to time make such
provisions as he shall deem appropriate authorizing the performance by
the Maritime Administrator of any function transferred to such Secretary
by the provisions of this reorganization plan.
There shall be in the Department of Commerce an additional office of
Under Secretary with the title ''Under Secretary of Commerce for
Transportation.'' The Under Secretary of Commerce for Transportation
shall be appointed by the President, by and with the advice and consent
of the Senate, shall receive compensation at the rate prescribed by law
for Under Secretaries of Executive departments, and shall perform such
duties as the Secretary of Commerce shall prescribe.
Secs. 302-307. (Superseded. Reorg. Plan No. 7 of 1961, 305, eff.
Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840. Section 302 provided that
person who was both Administrator and Chairman was to make joint use of
the personnel under his supervision. Section 303 made conflict of
interest provisions of the Merchant Marine Act, 1936, applicable to
members of the Federal Maritime Board and officers and employees of the
Board or of the Maritime Administration. Section 304 allowed the
President to make interim appointments to the Federal Maritime Board
from officers of the Executive Branch. Section 305 transferred to the
Department of Commerce all property, personnel, records, and funds of
the United States Maritime Commission. Section 306 abolished the United
States Maritime Commission. Section 307 provided that the functions
transferred by this reorganization plan would not be subject to Reorg.
Plan No. 5 of 1950.)
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 21 of 1950, prepared in
accordance with the provisions of the Reorganization Act of 1949. This
plan effects a basic reorganization of the functions of the United
States Maritime Commission along the lines recommended by the Commission
on Organization of the Executive Branch of the Government.
Within the last 3 years three different bodies have studied the
administration of the Maritime Commission. All have concluded that the
operating deficiencies of the agency arise from inappropriate and
unsound organization and that a fundamental reorganization is essential.
The first of these bodies, the President's Advisory Committee on the
Merchant Marine, in 1947, stated:
It appears to the Committee that the organization structure of the
Maritime Commission as set up in the Merchant Marine Act of 1936 is
wholly inadequate for the efficient conduct of the multitude of diverse
activities for which the Maritime Commission is now responsible. The
deficiencies of the statutory organization for administrative action are
regarded by the Committee to be the most serious obstacle standing in
the way of the development of the Merchant Marine of this country.
Similarly, the survey of the Maritime Commission in 1948 for the
Senate Committee on Expenditures in the Executive Departments concluded
that --
The fundamental weakness of the Maritime Commission, as it is now
constituted, lies in its proscribed organization.
On the basis of investigations of the Maritime Commission by two of
its task forces, the Commission on Organization of the Executive Branch
stated:
It is an anomaly that a regulatory commission should also conduct the
executive function of managing a huge business; that executive
functions should be carried on by an agency that is not subject to
Presidential directions; that executive functions should be carried on
by a full-time board * * *.
While the recommendations of the various studies differ in some
details, they agree on principles and on the main features of
reorganization.
Basically, the administrative difficulties of the Maritime Commission
have arisen, as all these studies agree, from the fact that the
Commission is responsible for performing two fundamentally different
types of functions which call for different types of organization.
These two classes of functions are (a) regulatory and (b) operating and
promotional. Under various acts the Commission regulates rates and
services of water carriers; passes on agreements among carriers; and
protects shippers against unfair and discriminatory practices. This
type of activity requires the deliberation and independence of judgment
which a board or commission is especially well designed to provide. But
at the same time the Commission is charged with the conduct of a variety
of large and costly promotional and business-type programs demanding the
prompt and vigorous administration for which experience both in
Government and in private enterprise has demonstrated that a single
executive is essential.
The Maritime Commission has charge of the construction of merchant
vessels for subsidized operators and for Government account. It owns
and maintains the largest merchant fleet in the world, consisting of
2,200 vessels aggregating more than 22,000,000 dead-weight tons. It
charters and sells ships and, in time of war or national emergency,
requisitions and operates vessels for the Government. It grants
construction and operating differential subsidies to private shipping
companies to maintain an active privately operated American merchant
marine. It makes loans and insures mortgages to assist carriers in
acquiring new vessels, and it conducts programs for training officers
and seamen for the merchant marine. For the present fiscal year the
performance of these functions will involve the expenditure of
approximately $162,000,000 and the direction of an organization of 5,500
employees. In short, the administration of the Maritime Commission is a
vast business undertaking. Moreover, the work of the Commission affects
significantly the interests of both business and labor in the
maintenance of a sound maritime industry.
Further than this, many of the activities of the Maritime Commission
are closely related to other programs of the Government and have to be
coordinated with them. In the construction of a subsidized ship the
Commission must cooperate with the Coast Guard on those features of
design, materials, and equipment which affect the safety of the vessel
and with the Navy on those which especially affect the use of the ship
for national defense. Furthermore, the whole program of subsidized ship
construction needs to be adjusted to the plans and requirements for
national defense. At the same time the Commission's programs for the
development of the merchant marine must be coordinated with our foreign
policy and with Federal programs with respect to other branches of
transportation.
While an independent commission is an appropriate instrument for the
performance of the regulatory functions of the Maritime Commission, such
an agency obviously is not the type required to provide strong and
efficient administration of the large operating programs now entrusted
to the Commission or to obtain the needed coordination with other
activities of the executive branch. This fact is amply demonstrated by
the administrative difficulties and the complicated problems of
coordination encountered in the operation of the Commission since the
war and by the necessity of transferring a large part of its functions
to the War Shipping Administration, headed by a single executive, during
the war.
Briefly, this reorganization plan provides for a small Federal
Maritime Board and a Maritime Administration in the Department of
Commerce to perform the functions of the Maritime Commission, and
abolishes the existing Commission. It transfers to the Board the
regulatory functions of the Commission and definitely guarantees the
independence of the Board in the performance of these functions. In
addition, it vests directly in the Board the determination and award of
construction and operating differential subsidies. In the performance
of its subsidy functions the Board will be subject to general policy
guidance by the Secretary of Commerce. The Board, however, and it
alone, will determine to whom subsidies shall be granted and will make
and award the subsidy contracts. Its actions therein will be conclusive
and will not be subject to modification by any other agency or officer
of the Department of Commerce. The other functions of the Maritime
Commission, including carrying out the subsidy agreements made by the
Board and administering the various operating programs, are transferred
to the Secretary of Commerce for administration through the Maritime
Administration. Thus, the plan provides for each of the two types of
functions now vested in the Maritime Commission the type of organization
best suited to its performance. At the same time, the plan will
facilitate coordination of maritime policies and programs with other
related policies and programs.
The division of functions under this plan conforms directly to the
recommendations of the Commission on Organization of the Executive
Branch of the Government. While the award of subsidies is a promotional
rather than a regulatory function and might logically be assigned to the
Maritime Administration instead of the Board, its impact on the shipping
industry and on individual carriers is such as to make desirable the
deliberation and combined judgment of a board. Accordingly, I have
adhered to the recommendation of the Commission on Organization that
this function be vested in a multiple body rather than a single
official. Likewise, in line with the recommendations of the Commission,
the plan assigns the determination of the over-all route pattern to the
Secretary of Commerce.
The Maritime Board will consist of three members appointed by the
President with the consent of the Senate for overlapping terms of 4
years. Not more than two of the members can be of the same political
party. The Board, therefore, will be a smaller and more wieldy body
which can function with greater expedition and efficiency than the
existing five-member Commission. The Chairman will be designated by the
President from the members of the Board and will be, ex officio, the
Maritime Administrator and as such the head of the Maritime
Administration. The plan also provides for a Deputy Maritime
Administrator appointed by the Secretary of Commerce under the
classified civil service. After investigation I have found, and hereby
declare, that by reason of the reorganizations made by this plan, it is
necessary to include in the plan provisions for the appointment and
compensation of the members of the Federal Maritime Board and for the
appointment of the Deputy Maritime Administrator.
In making the Chairman of the Federal Maritime Board the Maritime
Administrator, the plan adopts an arrangement substantially similar to
that which prevailed during the war, when the same individual served as
Chairman of the Maritime Commission and head of the War Shipping
Administration. This arrangement will have important advantages. It
will facilitate cooperation between the Board and the Administration on
matters of concern to both. Also, it will avoid dividing the personnel
of the Maritime Commission, since the Chairman of the Board will
supervise the personnel assisting it in the performance of its
functions, as is now the case in the Maritime Commission, and in his
capacity as Administrator he will have charge of the personnel carrying
on the work of the Maritime Administration. The plan provides for the
joint operation of the officers and employees under the Administrator
and Chairman as a single body of personnel. The maintenance of a
unified staff is essential for efficient and economical administration
because many of the technical and professional personnel, such as ship
designers and attorneys, now assist the Maritime Commission on problems
of subsidy determination and also participate in the subsequent
administration of subsidy agreements and in performing nonsubsidy
functions.
The inclusion of the new Board in the Department of Commerce will
permit the use of the administrative services of the Department. More
important, it will eliminate the necessity of splitting the personnel of
the Maritime Commission between the Department and an outside agency.
In addition, it will relieve the President of having to handle relations
with a separate maritime agency.
In establishing the Department of Commerce the Congress provided in
the organic act of the Department that --
It shall be the province and duty of said Department to foster,
promote, and develop the foreign and domestic commerce,* * * shipping,*
* * and the transportation facilities of the United States.
Over the years, however, transportation functions have become widely
scattered throughout the executive branch. As a result, intelligent
planning and budgeting of Federal transportation activities and the
necessary coordination of transportation programs have become extremely
difficult or impossible. The transfer of the functions of the Maritime
Commission to the Department of Commerce will constitute a major step in
correcting this condition.
Without question the Department of Commerce is now the appropriate
center for transportation programs. It contains the Civil Aeronautics
Administration -- the major operating and promotional agency of the
Government in the field of air transportation -- and the Weather Bureau,
and the Coast and Geodetic Survey, which provide vital services to
transportation. As a result of Reorganization Plan No. 7 of 1949, it
now also includes the Bureau of Public Roads, the leading promotional
agency dealing with land transportation. Also, it has the Inland
Waterways Corporation in the field of water transportation. The transfer
of the functions of the Maritime Commission will bring into the
Department the principal water-transportation agency of the Government.
These actions will go a long way toward the establishment of a sound and
effective organization for the operating and promotional programs of the
Government relating to transportation.
It is my purpose to look to the Secretary of Commerce for leadership
with respect to transportation problems and for the development of
over-all transportation policy within the executive branch. Because of
the magnitude and importance of the transportation functions transferred
to the Department of Commerce by this reorganization plan, I have found
and hereby declare that it is necessary to strengthen the top
administrative structure of the Department by providing for the
appointment and compensation of a new Under Secretary of Commerce for
Transportation. This will make available an officer of the highest rank
to assist the Secretary in supervising the varied and complex
transportation programs of the Department and providing central
leadership in transportation matters. With the many responsibilities of
the Secretary of Commerce in other areas, the creation of this office is
essential to enable him properly to fulfill his obligations with respect
to transportation.
After careful investigation I have found and I hereby declare that
each of the reorganizations contained in this reorganization plan is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949. The rates of compensation fixed
by the provisions of the reorganization plan for the Under Secretary of
Commerce for Transportation, the Chairman, and the other two members of
the Federal Maritime Board are, respectively, those which I have found
to prevail in respect of comparable officers in the executive branch of
the Government.
In summary, the reorganizations provided by this plan will have the
following principal advantages: They will provide an efficient
organization headed by a single responsible official to administer the
large operating and business-type programs of the Maritime Commission.
At the same time, they will preserve the benefits of a bipartisan board
for the performance of the regulatory functions of the Commission and
the determination of subsidies. They will reduce the number of agencies
reporting directly to the President and simplify the over-all management
of the executive branch. In doing so, they will provide more adequate
machinery for supervising the administration of the maritime programs
and will facilitate their coordination with related policies and
programs of the executive branch. Finally, they will accomplish a major
advance in the development of an effective organization of Federal
transportation programs in accord with the recommendations of the
Commission on Organization of the Executive Branch of the Government.
While it is impossible to estimate in advance the savings which will be
brought about by this plan, the improvements in administrative
efficiency resulting from it should produce substantial reductions in
expenditures for the programs transferred by the plan.
Harry S. Truman.
The White House, March 13, 1950.
05 USC REORGANIZATION PLAN NO. 22 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 22 OF 1950
05 USC REORGANIZATION PLAN NO. 22 OF 1950
TITLE 5, APPENDIX -- REORGANIZATION PLAN NO 22 OF 1950
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, May 9, 1950, pursuant to the
provisions of the Reorganization Act of 1949, approved June 20, 1949
(see 5 U.S.C. 901 et seq.).
The Federal National Mortgage Association, together with its
functions, is hereby transferred from the Reconstruction Finance
Corporation to the Housing and Home Finance Agency and shall be
administered subject to the direction and control of the Housing and
Home Finance Administrator.
There are hereby transferred from the Reconstruction Finance
Corporation to the Housing and Home Finance Administrator --
(1) the notes of the Federal National Mortgage Association payable to
the Reconstruction Finance Corporation;
(2) the capital stock of the Federal National Mortgage Association;
(3) the function of the Reconstruction Finance Corporation of making
payments on its notes issued to the Secretary of the Treasury in an
amount equal to (a) the unpaid principal of, and accrued interest on,
the notes of the Federal National Mortgage Association transferred under
(1) above, (b) any funds of the Reconstruction Finance Corporation
transferred under the provisions of section 5 hereof, (c) the book value
of any office furniture and equipment of the Reconstruction Finance
Corporation transferred under the provisions of section 5 hereof, and
(d) the par value of the capital stock of the Federal National Mortgage
Association plus the amount of its surplus paid in by the Reconstruction
Finance Corporation;
(4) the function of issuing notes or other obligations to the
Secretary of the Treasury, which may be purchased by the Secretary,
under section 7 of the Reconstruction Finance Corporation Act, as
amended (15 U.S.C. 606), in an amount not in excess of that necessary to
finance at any one time the outstanding balances of the investments,
loans, and purchases held by the Federal National Mortgage Association,
taking into consideration other balance-sheet items;
(5) except as otherwise provided in this reorganization plan, all
other functions of the Reconstruction Finance Corporation (including
functions of the Board of Directors of such Corporation and functions of
the Chairman of the Board of Directors of such Corporation) with respect
to the Federal National Mortgage Association; and
(6) all functions of the Federal Housing Commissioner with respect to
the Federal National Mortgage Association.
Functions with respect to serving, including eligibility to serve, as
members of the Board of Directors of the Federal National Mortgage
Association and as officers of such Association are hereby transferred
from the members of the Board of Directors of, and from the officers and
employees of, the Reconstruction Finance Corporation to the officers and
employees of the Housing and Home Finance Agency (including those of the
constituent agencies of the Housing and Home Finance Agency).
The Housing and Home Finance Administrator may from time to time make
such provisions as he shall deem appropriate authorizing the performance
by any other officer, or by any agency or employee, of the Housing and
Home Finance Agency of any function transferred to such Administrator by
the provisions of this reorganization plan.
There are hereby transferred with the functions transferred by this
reorganization plan, respectively, all of the assets, liabilities,
contracts, property, records, and unexpended balances of authorizations,
allocations and other funds, available or to be made available, of the
Federal National Mortgage Association, and so much of the assets,
liabilities, contracts, property, records, personnel, and unexpended
balances of authorizations, allocations, and other funds, available or
to be made available, of the Reconstruction Finance Corporation and
relating to functions transferred by the provisions of this
reorganization plan, as the Director of the Bureau of the Budget shall
determine to be necessary for the administration of such functions,
excluding, however, (1) the members of the Board of Directors of the
Federal National Mor