Public Law 76–36

The Congress hereby declares that by reason of

Declaration by the Congress.

continued national deficits beginning in 1931 it is desirable to reduce substantially Government expenditures and that such reduction may be accomplished in some measure by proceeding immediately under the provisions of this Act. The President shall investigate the

Investigation by President and determination of changes necessary to accomplish designated purposes.

organization of all agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes:

The Congress declares that the public interest demands the carrying out of the purposes specified in subsection (a) and that such

Purposes declared to be in public interest.

purposes may be accomplished in great measure by proceeding immediately under the provisions of this title, and can be accomplished more speedily thereby than by the enactment of specific legislation.

For the abolition or transfer of an executive department or all the functions thereof or for the establishment of any new executive

Abolition or transfer of an executive department, etc.

department;

In the case of the following agencies, for the transfer, consolidation,

Transfer, abolition, etc., of designated agencies.

or abolition of the whole or any part of such agency or of its head, or of all or any of the functions of such agency or of its head: Civil Service Commission, Coast Guard, Engineer Corps of the United States Army, Mississippi River Commission, Federal Communications Commission, Federal Power Commission, Federal Trade Commission, General Accounting Office, Interstate Commerce Commission, National Labor Relations Board, Securities and Exchange Commission, Board of Tax Appeals, United States Employees’ Compensation Commission, United States Maritime Commission, United States Tariff Commission, Veterans’ Administration, National Mediation Board, National Railroad Adjustment Board, Railroad Retirement Board, the Federal Deposit Insurance Corporation, or the Board of Governors of the Federal Reserve System; or

For the continuation of any function of any agency beyond the period authorized by law for the exercise of such function; or

the transfer of the whole or any part of any agency or the functions thereof to the jurisdiction and control of any other agency; or

the consolidation of the functions vested in any agency; or

the abolition of the whole or any part of any agency which agency or part (by reason of transfers under this Act or otherwise, or by reason of termination of its functions in any manner) does not have, or upon the taking effect of the reorganizations specified in the reorganization plan will not have, any functions,

If the Congress adjourns sine die before the expiration of the

Effect of sine die adjournment before expiration of period.

sixty-day period, a new sixty-day period shall begin on the opening day of the next succeeding regular or special session. A similar rule shall be applicable in the case of subsequent adjournments sine die before the expiration of sixty days.

of continuing any agency or function beyond the time when it would have terminated if the reorganization had not been made; or

of continuing any function beyond the time when the agency in which it was vested before the reorganization would have terminated if the reorganization had not been made; or

of authorizing any agency to exercise any function which

Exercise of any unauthorized function.

is not expressly authorized by law.

All orders, rules, regulations, permits, or other privileges

Continuation of rules, privileges, etc.

made, issued, or granted by or in respect of any agency or function transferred to, or consolidated with, any other agency or function under the provisions of this title, and in effect at the time of the transfer or consolidation, shall continue in effect to the same extent as if such transfer or consolidation had not occurred, until modified, superseded, or repealed.

No suit, action, or other proceeding lawfully commenced by or

No proceeding to abate by reason of any transfer of authority, etc.

against the head of any agency or other officer of the United States, in his official capacity or in relation to the discharge of his official duties, shall abate by reason of any transfer of authority, power, and duties from one officer or agency of the Government to another under the provisions of this title, but the court, on motion or supplemental petition filed at any time within twelve months after such transfer takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the head of the agency or other officer of the United States to whom the authority, powers, and duties are transferred.

All laws relating to any agency or function transferred to, or

Applicable laws to remain in force.

consolidated with, any other agency or function under the provisions of this title, shall, insofar as such laws are not inapplicable, remain in full force and effect.

Whenever the employment of any person is terminated

Separations resulting from personnel reduction; preferential status.

by a reduction of personnel as a result of a reorganization effected under this title, such person shall thereafter be given preference, when qualified, whenever an appointment is made in the executive branch of the Government, but such preference shall not be

Duration.

effective for a period longer than twelve months from the date the employment of such person is so terminated.

Any transfer of personnel under this title shall be without

Transfers without change in classification, etc.; exception.

change in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which the transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned.

As an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in such House in the case of resolutions (as defined in section 22) ; and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

If the committee to which has been referred a resolution with respect to a reorganization plan has not reported it before the expiration of ten calendar days after its introduction (or, in the case of a resolution received from the other House, ten calendar days after its receipt), it shall then (but not before) be in order to move either to discharge the committee from further consideration of such resolution, or to discharge the committee from further consideration of any other resolution with respect to such reorganization plan which has been referred to the committee.

When the committee has reported, or has been discharged from further consideration of, a resolution with respect to a reorganization plan, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. Such

Status of motion.

motion shall be highly privileged and shall not be debatable. No amendment to such motion shall be in order and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

Debate on the resolution shall be limited to not to exceed ten

Time limitation on debate.

hours, which shall be equally divided between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order, and it shall not be in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.

All motions to postpone, made with respect to the

Motions to postpone.

discharge from committee, or the consideration of, a resolution with respect to a reorganization plan, and all motions to proceed to the consideration of other business, shall be decided without debate.

All appeals from the decisions of the Chair relating to the

Appeals from decisions of the Chair.

application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate.

If no resolution of the first House with respect to such plan has

If no resolution of first House has been referred to committee.

been referred to committee, no other resolution with respect to the same plan may be reported or (despite the provisions of section 24 (a)) be made the subject of a motion to discharge.

If a resolution of the first House with respect to such plan has

If resolution has been so referred.

been referred to committee—