[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 13. Powers and Prerogatives of the House]
[E. Relations With Executive Branch]
[Â§ 23. Executive Reorganization Plans]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1903-1927]
 
                               CHAPTER 13
 
                  Powers and Prerogatives of the House
 
                   E. RELATIONS WITH EXECUTIVE BRANCH
 
Sec. 23. Executive Reorganization Plans

    The President was, prior to 1973, authorized to reorganize an 
agency or agencies of the executive department if he submitted a plan 
to each House of Congress. A provision contained in a reorganization 
plan could take effect only if the plan was transmitted before Apr. 1, 
1973,(5) since the authority of the President to transmit 
reorganization plans had not been extended beyond that date. A 
reorganization could be ordered to promote better execution of laws; 
reduce expenditures; increase efficiency; group, coordinate, and 
consolidate agencies; reduce the number of agencies by consolidation; 
and eliminate overlapping and duplication of effort.~(6) 
These purposes could be achieved by transferring all or part of an 
agency or the function thereof to another agency; abolishing all or 
part of the functions of an agency; consolidating or coordinating the 
whole or part of an agency with another agency or the same agency; 
authorizing an officer to delegate any of his functions; or abolishing 
the whole or part of an agency which did not have or would not, as a 
consequence of the reorganization, have any functions.(7) 
Under this statute a reorganization plan could not create, abolish, or 
transfer an executive department or consolidate two or more executive 
departments.
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 5. 5 USC Sec. 903, 5 USC Sec. 905(b). Reorganization authority was 
        again extended, with certain procedural changes, in the 95th 
        Congress. Pub. L. No. 95-17.
 6. 5 USC Sec. 901.
 7. 5 USC Sec. 903. See also 5 USC Sec. 904, for other provisions of, 
        and 5 USC Sec. 905, for limitations on, reorganization plans.
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    A reorganization plan accompanied by a declaration that the 
reorganization was necessary to accomplish a recognized purpose must be 
delivered to both Houses on the same day and to each House while in 
session.(8) A plan
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 8. 5 USC Sec. 903(a), (b), 5 USC Sec. 905(b).
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[[Page 1904]]

submitted before Apr. 1, 1973, would become effective at the end of the 
first period of 60 calendar days of continuous congressional session 
after the transmittal date unless, during that period, either House 
passed a resolution stating in substance that it did not favor the 
plan.(9)

--------------------------------------------------------------------------
 9. 5 USC Sec. 906. The form of the resolution is outlined in 5 USC 
        Sec. 909.
            Congress could accelerate the effective date; see 
        Sec. Sec. 23.33, 23.34, infra, for a discussion of House and 
        Senate approval of a joint resolution to accelerate a 
        reorganization plan establishing the Department of Health, 
        Education, and Welfare.
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    As an exercise of the rulemaking power of the Senate and House of 
Representatives and with full recognition of the constitutional right 
of either House to change its rules,(10) Congress provided 
for the form of resolutions disapproving reorganization 
plans,(11) reference of such resolutions to 
committees,(12~) discharge of committees considering such 
resolution after 20 days,(13) as well as procedure after 
report or discharge of committee and debate on such 
resolutions.(14) The procedure after reporting or discharge 
of the committee and procedure for debate is clearly stated:
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10. 5 USC Sec. 908.
11. 5 USC Sec. 909.
12. 5 USC Sec. 910.
13. 5 USC Sec. 911.
14. 5 USC Sec. 912.
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        (a) When the committee has reported, or has been discharged 
    from further consideration of, a resolution with respect to a 
    reorganization plan, it is at any time thereafter in order (even 
    though a previous motion to the same effect has been disagreed to) 
    to move to proceed to the consideration of the resolution. The 
    motion is highly privileged and is not debatable. An amendment to 
    the motion is not in order, and it is not in order to move to 
    reconsider the vote by which the motion is agreed to or disagreed 
    to.
        (b) Debate on the resolution shall be limited to not more than 
    10 hours, which shall be divided equally between those favoring and 
    those opposing the resolution. A motion further to limit debate is 
    not debatable. An amendment to, or motion to recommit, the 
    resolution is not in order, and it is not in order to move to 
    reconsider the vote by which the resolution is agreed to or 
    disagreed to.

    Congress a]so provided that motions to postpone relating to such 
resolutions, or to proceed to other business, should be decided without 
debate.(15~) Appeals from decisions of the Chair applying 
House or Senate rules to the consideration of resolutions disapproving 
reorganization plans were also to be decided without 
debate.(16)
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15. 5 USC Sec. 913.
16. Id.
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    Most of the precedents in this section discuss substantive as

[[Page 1905]]

pects of Presidential reorganization plans.(17) Congress may 
also reorganize executive agencies by statute.(18)
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17. The exceptions are Sec. Sec. 23.33-23.36, infra. See also Ch. 24, 
        infra, for a discussion of certain procedural matters relating 
        to resolutions of disapproval generally and House Rules and 
        Manual Sec. 1013 (1975) for a compilation of statutory 
        ``legislative veto'' provisions. Sec. 23.1, infra, discusses 
        the procedure for consideration of the Presidential 
        reorganization plan which consolidated a number of programs 
        into one agency, ACTION.
18. See House Committee on Government Operations, Reorganization by 
        Plan and by Statute, 1946-1956 (May 1957) for examples of both 
        kinds of reorganization.
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    Statutes authorizing the President to promulgate reorganization 
plans were approved in 1939,(1) 1945,(2) 
1949,(3) and 1966.(4) Amendments to the major 
reorganization acts were approved in 1953,(5) 
1957,(6) 1961,(7) 1964,(8) 
1965,(9) 1969,(10) and 1971.(11) In 
addition to the above legislation, title I of the War Powers Act of 
1941,(12) granted the President emergency reorganization 
powers to make such redistribution of functions among executive 
agencies as he deemed necessary during World War II.
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 1. 53 Stat. 561, 76th Cong. 1st Sess. (Pub. L. No. 76-19).
 2. 59 Stat. 613, 79th Cong. 1st Sess. (Pub. L. No. 79-263).
 3. 63 Stat. 203, 81st Cong. 1st Sess. (Pub. L. No. 81-109).
 4. 80 Stat. 378, 89th Cong. 2d Sess. (Pub. L. No. 89-554). Note: Title 
        5 of the United States Code includes reorganization plans.
 5. 67 Stat. 4, 83d Cong. 1st Sess. (Pub. L. No. 83-3).
 6. 71 Stat. 611, 85th Cong. 1st Sess. (Pub. L. No. 85-286).
 7. 75 Stat. 41, 87th Cong. 1st Sess. (Pub. L. No. 87-18).
 8. 78 Stat. 240, 88th Cong. 2d Sess. (Pub. L. No. 88-351).
 9. 79 Stat. 135, 89th Cong. 1st Sess. (Pub. L. No. 89-43).
10. 83 Stat. 6, 91st Cong. 1st Sess. (Pub. L. No. 91-5). See also Pub. 
        L. No. 95-17.
11. 85 Stat. 574, 92d Cong. 1st Sess. (Pub. L. No. 92-179).
12. 55 Stat. 838, 77th Cong. 1st Sess. (Pub. L. No. 77-
        354).                          -------------------
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ACTION

Sec. 23.1 The House by yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan to consolidate a 
    number of volunteer programs into one agency, ACTION.

    On May 25, 1971,(13) the House under the procedures 
prescribed by the Reorganization Act of 1966, rejected by a vote of 
yeas 131, nays 224, not voting 77, House Resolution 411, disapproving 
Reorganization Plan No. 1 (consolidating a number of volunteer pro

[[Page 1906]]

grams into one agency, ACTION, and transmitted by the President on Mar. 
24, 1971).
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13. 117 Cong. Rec. 16803, 16804, 16832 16833, 92d Cong. 1st Sess.
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    The Chairman of the Committee on Government Operations, Chet 
Holifield, of California, moved that the House resolve itself into the 
Committee of the Whole for consideration of the resolution disapproving 
the plan and proceedings ensued as indicated below:

        Mr. Holifield: Mr. Speaker, I move that the House resolve 
    itself into the Committee of the Whole House on the State of the 
    Union for the consideration of the resolution (H. Res. 411) 
    disapproving Reorganization Plan No. 1, transmitted to the Congress 
    by the President on March 24, 1971; and pending that motion, Mr. 
    Speaker, I ask unanimous consent that debate on the resolution may 
    continue not to exceed 3 hours, the time to be equally divided and 
    controlled by the gentleman from New York ( Mr. Horton) and myself. 
    . . .
        The Speaker: (14) Is there objection to the request 
    of the gentleman from California?
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14. Carl Albert (Okla.).
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        There was no objection.
        The Speaker: The question is on the motion offered by the 
    gentleman from California.
        The motion was agreed to.
        Accordingly the House resolved itself into the Committee of the 
    Whole House on the State of the Union for the consideration of 
    House Resolution 411, with Mr. [John] Brademas [of Indiana] in the 
    chair.
        The Clerk read the title of the resolution.
        By unanimous consent, the first reading of the resolution was 
    dispensed with.
        The Chairman: Under the unanimous consent agreement, the 
    gentleman from California (Mr. Holifield) will be recognized for 
    1\1/2\ hours, and the gentleman from New York (Mr. Horton) will be 
    recognized for 1\1/2\ hours.
        The Chair recognizes the gentleman from California.

    Mr. Holifield described the plan in the Committee of the Whole:

        Mr. Chairman, I yield myself such time as I may consume.
        Mr. Chairman, House Resolution 411 is a resolution to 
    disapprove Reorganization Plan No. 1 of 1971 submitted to the 
    Congress by President Nixon on March 24. Both the plan and the 
    resolution were referred to the Committee on Government Operations 
    under the rules of the House. The committee has reported back the 
    resolution with a recommendation that it not be approved. This is 
    in effect an endorsement of the plan itself which we hope will be 
    supported by the House. The vote, however, will be on the 
    resolution itself. Those who favor the plan should vote ``no'' on 
    the resolution. Those who oppose the plan should vote ``aye'' on 
    the resolution.
        The President proposes in the reorganization plan to create a 
    new agency called Action to which would be transferred:
        First, Volunteers in Service to America, now in the Office of 
    Economic Opportunity;

[[Page 1907]]

        Second, auxiliary and special volunteer programs, now in the 
    Office of Economic Opportunity;
        Third, Foster Grandparents, now in the Department of Health, 
    Education, and Welfare;
        Fourth, the retired senior volunteer program, now in the 
    Department of Health, Education, and Welfare; and
        Fifth, the Service Corps of Retired Executives and Active Corps 
    of Executives, both now in the Small Business Administration.
        The President intends later to transfer the Peace Corps to the 
    new agency by executive order and to similarly transfer the Office 
    of Volunteer Action.
        The President advised in his message that he also intends to 
    submit legislation to Congress to transfer the Teacher Corps from 
    HEW to Action.

    Following this description and debate the Clerk read the 
resolution; the Committee of the Whole agreed to rise with the 
recommendation that the resolution of disapproval not be agreed to:

        The Chairman: The Clerk will report the resolution.
        The Clerk read as follows:

                                  H. Res. 411

            Resolved, That the House of Representatives does not favor 
        the Reorganization Plan Numbered 1 transmitted to the Congress 
        by the President on March 24, 1971.

        Mr. Holifield: Mr. Chairman, I move that the Committee do now 
    rise and report the resolution back to the House with the 
    recommendation that the resolution be not agreed to.
        The motion was agreed to.
        Accordingly the Committee rose; and the Speaker having resumed 
    the chair, Mr. Brademas, Chairman of the Committee of the Whole 
    House on the State of the Union, reported that that Committee 
    having had under consideration House Resolution 411, to disapprove 
    Reorganization Plan No. 1 of 1971, had directed him to report the 
    resolution back to the House with the recommendation that the 
    resolution be not agreed to.
        The Clerk reported the resolution;
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Mr. Speaker, for the information of the 
    Members of the House, is it true that a vote ``aye'' on the 
    resolution is a vote against Reorganization Plan No. 1, and that a 
    vote of ``nay'' is a vote to approve the President's reorganization 
    plan?

    The inquiry having been answered in the affirmative, the vote was 
taken:

        The Speaker: The question is on the resolution.
        Mr. Holifield: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 131, nays 224, not 
    voting 77, as follows: . . .
        So the resolution was rejected.

Sec. 23.2 The Senate by yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan to consolidate a 
    number of

[[Page 1908]]

    volunteer programs into one agency, ACTION.

    On June 3, 1971,(15) the Senate by a vote of yeas 29, 
nays 54, rejected Senate Resolution 108, disapproving Reorganization 
Plan No. 1, consolidating a number of volunteer programs into one 
agency, ACTION, submitted by the President on Mar. 24,1971.
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15. 117 Cong. Rec. 17801-04, 92d Cong. 1st Sess. See also 117 Cong. 
        Rec. 17645-72, 92d Cong. 1st Sess., June 2, 1971, for debate on 
        this resolution.
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Bureau of the Budget

Sec. 23.3 The House by a yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan relating to 
    reorganization of the Bureau of the Budget.

    On May 13, 1970,(16) the House by a vote of yeas 164, 
nays 193, not voting 73, rejected House Resolution 960, disapproving 
Reorganization Plan No. 2, relating to the Bureau of the Budget 
(transmitted by the President on Mar. 12, 1970), after the Committee of 
the Whole by voice vote approved a motion that the Committee rise and 
report the resolution back to the House with the recommendation that it 
be agreed to.(17)
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16. 116 Cong. Rec. 15297, 15298, 15331, 15332, 91st Cong. 2d Sess.
17. The name of the Bureau of the Budget has been changed to the Office 
        of Management and Budget.
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Bureau of Internal Revenue and Department of the Treasury

Sec. 23.4 The House by voice vote rejected a resolution disapproving a 
    Presidential reorganization plan relating to the Bureau of Internal 
    Revenue and Department of the Treasury.

    On Jan. 30, 1952,(18) the House by voice vote rejected 
House Resolution 494 disapproving Reorganization Plan No. 1, relating 
to the Bureau of Internal Revenue and Department of the Treasury 
(transmitted by the President on Jan. 14, 1952), after the Committee of 
the Whole approved a motion to rise and report the resolution back to 
the House with the recommendation that it not be agreed to.
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18. 98 Cong. Rec. 642, 643, 671, 82d Cong. 2d Sess.
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Bureau of Narcotics

Sec. 23.5 The House by a yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan relating to the 
    creation of a new Bureau of Narcotics in the Department of Justice.

    On Apr. 2, 1968,(19) the House by a vote of yeas 190, 
nays 200,

[[Page 1909]]

present 2, and not voting 41, rejected House Resolution 1101 
disapproving Reorganization Plan No. 1, creating a new Bureau of 
Narcotics in the Department of Justice (transmitted by the President on 
Feb. 7, 1968), after the Committee of the Whole by voice vote approved 
a motion that the Committee rise and report the resolution back to the 
House with the recommendation that it not be agreed to.
---------------------------------------------------------------------------
19. 114 Cong. Rec. 8601, 8628, 8629, 90th Cong. 2d Sess.
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Civil Aeronautics Board

Sec. 23.6 The House by a yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan relating to the 
    Civil Aeronautics Board.

    On June 20, 1961,(20) the House by a vote of yeas 178, 
nays 213, not voting 46, rejected House Resolution 304 disapproving 
Reorganization Plan No. 3, relating to the Civil Aeronautics Board 
(transmitted by the President on May 3, 1961), after the Committee of 
the Whole approved a motion that the Committee rise and report the 
resolution back to the House with the recommendation that it not be 
agreed to.
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20. 107 Cong. Rec. 10839-44, 87th Cong. 1st Sess.
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Community Relations Service

Sec. 23.7 The House by yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan relating to the 
    transfer of the Community Relations Service from the Department of 
    Commerce to the Department of Justice.

    On Apr. 20, 1966,(1) the House by a vote of yeas 163, 
nays 220, not voting 49, rejected House Resolution 756 disapproving 
Reorganization Plan No. 1, relating to the transfer of the Community 
Relations Service from the Department of Commerce to the Department of 
Justice (transmitted by the President on Feb. 10, 1966), after the 
Committee of the Whole by voice vote approved a motion to rise and 
report the resolution to the House with the recommendation that it not 
be agreed to.
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 1. 112 Cong. Rec. 8498-516, 89th Cong. 2d Sess.
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Departments of Agriculture and Interior

Sec. 23.8 The House agreed to a resolution disapproving a Presidential 
    reorganization plan relating to the Department of Agriculture and 
    Department of the Interior.

[[Page 1910]]

    On July 7, 1959,~(2) the House by a vote of yeas 266, 
nays 124, not voting 44, agreed to House Resolution 295, disapproving 
Reorganization Plan No. 1, transferring from the Department of the 
Interior to the Department of Agriculture functions relating to 
minerals and forest lands. The plan had been transmitted by the 
President on May 22, 1959. This House action followed approval by the 
Committee of the Whole of a motion to report the resolution back to the 
House with the recommendation that it pass.~(3)
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 2. 105 Cong. Rec. 12856, 86th Cong. 1st Sess.
 3. 105 Cong. Rec. 12740-46, 86th Cong. 1st Sess., July 6, 1959.
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Departments of Army, Navy, and Air Force

Sec. 23.9 The House as in Committee of the Whole by voice vote agreed 
    to a resolution disapproving a Presidential reorganization plan 
    relating to the Departments of Army, Navy, and Air Force.

    On July 5, 1956,~(4) the House as in Committee of the 
Whole agreed to House Resolution 534, disapproving Reorganization Plan 
No. 1, relating to new offices in the Departments of the Army, Navy, 
and Air Force, transmitted by the President on May 16, 1956. 
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 4. 102 Cong. Rec. 11886, 84th Cong. 2d Sess.
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Department of Commerce

Sec. 23.10 The House by voice vote rejected a resolution disapproving a 
    Presidential reorganization plan relating to the Department of 
    Commerce.

    On May 18, 1950,~(5) the House by voice vote rejected 
House Resolution 546, disapproving Reorganization Plan No. 5, 
transferring all functions of all other officers of the Department of 
Commerce to the Secretary (with the exception of hearings examiners 
employed by the Department of Commerce, Civil Aeronautics Board, Inland 
Waterways Corporation, and the Advisory Board of the Inland Waterways 
Corporation), after the Committee of the Whole approved a motion to 
rise and report the resolution back to the House with the 
recommendation that it not be agreed to.~(6)
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 5. 96 Cong. Rec. 7266-74, 81st Cong. 2d Sess.
 6. Reorganization Plan No. 5 was transmitted by the President on Mar. 
        13, 1950.
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Department of Labor

Sec. 23.11 The House by voice vote rejected a resolution

[[Page 1911]]

    disapproving a Presidential reorganization plan relating to the 
    Department of Labor.

    On Aug. 11, 1949,~(7) the House by voice vote rejected 
House Resolution 301, disapproving Reorganization Plan No. 2, 
transferring the Bureau of Employment Security, Veterans' Placement 
Service Board, and Federal Advisory Council to the Department of Labor 
(transmitted by the President on June 20, 1949), after the Committee of 
the Whole by voice vote approved a motion that the Committee rise and 
report back to the House with a recommendation that the resolution not 
pass.
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 7. 95 Cong. Rec. 11296-314, 81st Cong. 1st Sess.
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Sec. 23.12 The House by voice vote rejected a resolution disapproving a 
    Presidential reorganization plan relating to the Department of 
    Labor.

    On May 18, 1950,~(8) the House by voice vote rejected 
House Resolution 522, disapproving Reorganization Plan No. 6, 
centralizing authority for all Department of Labor functions in the 
Secretary of Labor (transmitted by the President on Mar. 13, 1950) 
after the Committee of the Whole by voice vote approved a motion that 
the Committee rise and report the resolution back to the House with the 
recommendation that it not be agreed to.
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 8. 96 Cong. Rec. 7241, 7266, 81st Cong. 2nd Sess.
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Department of Urban Affairs and Housing

Sec. 23.13 The House by yea and nay vote agreed to a resolution 
    disapproving a Presidential reorganization plan relating to the 
    Department of Urban Affairs and Housing.

    On Feb. 21, 1962,~(9) the House by a vote of 264 yeas, 
150 nays, 1 present, 20 not voting, agreed to House Resolution 530, 
disapproving Reorganization Plan No. 1, establishing a Department of 
Urban Affairs and Housing (transmitted by the President on Jan. 30, 
1962). The Committee of the Whole had recommended that the resolution 
not be agreed to.~(10)
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 9. 108 Cong. Rec. 2630-80, 87th Cong. 2d Sess. 
10. The Department of Housing and Urban Development was approved on 
        Sept. 9, 1965, 79 Stat. 667 (Pub. L. No. 89-174).
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District of Columbia Government

Sec. 23.14 The House by a yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan

[[Page 1912]]

    relating to the District of Columbia government.

    On Aug. 9, 1967,~(11) the House by a vote of yeas 160, 
nays 244, not voting 28, rejected House Resolution 512, disapproving 
Reorganization Plan No. 3, relating to the Government, of the District 
of Columbia (transmitted by the President on June 1, 1967), after the 
Committee of the Whole by voice vote approved a motion that the 
Committee rise and report back to the House with the recommendation 
that the resolution not be agreed to.
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11. 113 Cong. Rec. 21941-76, 90th Cong. 1st Sess.
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Executive Office of the President; Federal Agencies

Sec. 23.15 The House by a yea and nay vote rejected a concurrent 
    resolution disapproving a Presidential reorganization plan relating 
    to the Executive Office of the President, Federal Security Agency, 
    Federal Works Agency, and Federal Loan Agency.

    On May 3, 1939,~(12) the House by a vote of yeas 128, 
nays 265, present 2, and not voting 35, rejected House Concurrent 
Resolution 19, disapproving Reorganization Plan No. 1, relating to the 
Executive Office of the President, Federal Security Agency, Federal 
Works Agency, and Federal Loan Agency (transmitted by the President on 
Apr. 25, 1939), after the Committee of the Whole approved a motion to 
rise and report the resolution back to the House with the 
recommendation that it not be agreed to.
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12. 84 Cong. Rec. 5085, 5086, 76th Cong. 1st Sess.
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Environmental Protection Agency

Sec. 23.16 The House by voice vote rejected a resolution disapproving a 
    Presidential reorganization plan establishing the Environmental 
    Protection Agency.

    On Sept. 28, 1970,(13) the House by voice vote rejected 
House Resolution 1209, disapproving Reorganization Plan No. 3, 
establishing the Environmental Protection Agency (transmitted by the 
President on July 9, 1970), after the Committee of the Whole by voice 
vote approved a motion to rise and report the resolution back to the 
House with the recommendation that it be rejected.
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13. 116 Cong. Rec. 33871-84,91st Cong. 2d Sess.
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Federal Communications Commission

Sec. 23.17 The House by yea and nay vote agreed to a resolu

[[Page 1913]]

    tion disapproving a Presidential reorganization plan relating to 
    the Federal Communications Commission.

    On June 15, 1961,(14) the House by a vote of yeas 323, 
nays 77, not voting 36, agreed to House Resolution 303 disapproving 
Reorganization Plan No. 2, relating to the Federal Communications 
Commission (transmitted by the President on Apr. 27, 1961), after the 
Committee of the Whole approved a motion that the Committee rise and 
report the resolution back to the House with the recommendation that it 
be agreed to.(l5~)
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14. 107 Cong. Rec. 10448-62, 87th Cong. 1st Sess.
15. See Sec. 23.18, infra, for Senate disposition.
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Sec. 23.18 The House having agreed to a resolution disapproving a 
    Presidential reorganization plan relating to the Federal 
    Communications Commission, the Senate Committee on Government 
    Operations ordered reported, without recommendation, a resolution 
    to the same effect.

    On June 16, 1961,(16) the Chairman of the Senate 
Committee on Government Operations, John L. McClellan, of Arkansas, 
made an announcement regarding Senate disposition of a Presidential 
reorganization plan.
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16. 107 Cong. Rec. 10628, 87th Cong. 1st Sess.
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        Mr. McClellan: Mr. President, on June 13, 1961, the Committee 
    on Government Operations, in executive session, ordered reported, 
    without recommendation, S. Res. 142, expressing disapproval of 
    Reorganization Plan No. 2 of 1961.
        Under section 6 of the Reorganization Act of 1949, as amended, 
    a reorganization plan may not become effective if a resolution of 
    disapproval is adopted by a simple majority of either House. On 
    June 15, 1961, the House of Representatives adopted House 
    Resolution 303, to disapprove Reorganization Plan No. 2 of 
    1961.(17) Since this action results in the final 
    disposition of the matter, it is no longer necessary either for the 
    Committee on Government Operations to file a report on S. Res. 142, 
    or for the Senate to take any further action.
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17. See Sec. 23.17, supra, for House disposition.
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        I call attention to the fact, however, that hearings on that 
    resolution have been held and will be available shortly for the 
    information of Members of the Senate. Legislation to enact certain 
    provisions of Reorganization Plan No. 2 is now pending before the 
    Senate Committee on Commerce--S. 2034--and the House Committee on 
    Interstate and Foreign Commerce--H. R. 7333--and the House 
    committee has now completed hearings on H.R. 7333.
        I thought it proper to make this announcement in view of the 
    fact that the committee had voted to report the resolution as I 
    have indicated.

[[Page 1914]]

Federal Home Loan Bank Board

Sec. 23.19 The House by voice vote rejected a motion to discharge the 
    Committee on Government Operations from further consideration of a 
    resolution disapproving a reorganization plan, relating to the 
    Federal Home Loan Bank Board.

    On Aug. 3, 1961,(18) the House by voice vote rejected a 
motion to discharge the Committee on Government Operations from further 
consideration of House Resolution 335, disapproving Reorganization Plan 
No. 6, relating to the Federal Home Loan Bank Board (transmitted by the 
President on June 12, 1961). The motion was offered by Mr. H. R. Gross, 
of Iowa, who qualified as being in favor of the 
resolution.(19)
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18. 107 Cong. Rec. 14548-54, 87th Cong. 1st Sess.
19. See 63 Stat. 203, 207, 81st Cong. 1st Sess. (Pub. L. No. 81-109, 
        Sec. 204b), for the requirement that the Member making the 
        motion to discharge must qualify as favoring the resolution of 
        disapproval. This provision was later codified as 5 USC 
        Sec. 911(b) (1970), 80 Stat. 397, Sept. 6, 1966 (Pub. L. No. 
        89-554).
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Federal Maritime Functions

Sec. 23.20 The House by yea and nay vote rejected a motion to discharge 
    the Committee on Government Operations from further consideration 
    of a resolution disapproving a reorganization plan relating to 
    federal maritime functions.

    On July 20, 1961,(20) the House by a vote of yeas 184, 
nays 208, not voting 35, rejected a motion to discharge the Committee 
on Government Operations from further consideration of House Resolution 
336, disapproving Reorganization Plan No. 7, relating to the Federal 
Maritime Administration, Federal Maritime Board, and the Federal 
Maritime Commission (1) (transmitted by the President on 
June 12, 1961). The motion was offered by Mr. H. R. Gross, of Iowa, who 
qualified as favoring the resolution of disapproval.
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20. 107 Cong. Rec. 13084-97, 87th Cong. 1st Sess.
 1. See Sec. 23.21, infra, for Senate disposition of this plan.
---------------------------------------------------------------------------

Sec. 23.21 The Senate on a roll call vote rejected a resolution 
    disapproving a Presidential reorganization plan relating to 
    maritime functions.

    On Aug. 10, 1961,(2) the Senate by a vote of yeas 35, 
nays 60, rejected Senate Resolution 186, dis
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 2. 107 Cong. Rec. 15460, 15461, 87th Cong. 1st Sess.
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[[Page 1915]]

approving Reorganization Plan No. 7, relating to the Federal Maritime 
Administration, Federal Maritime Board, and Federal Maritime 
Commission.(3)

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 3. See Sec. 23.20, supra, for House disposition of this resolution.
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Federal Savings and Loan Insurance Corporation

Sec. 23.22 The House as in Committee of the Whole agreed to a 
    resolution disapproving a Presidential reorganization plan creating 
    the Federal Savings and Loan Insurance Corporation.

    On July 5, 1956,(4) the House as in Committee of the 
Whole by voice vote agreed to House Resolution 541, disapproving 
Reorganization Plan No. 2, creating the Federal Savings and Loan 
Insurance Corporation (transmitted by the President on May 17, 1956).
---------------------------------------------------------------------------
 4. 102 Cong. Rec. 11886, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

Federal Security Agency, Social Security Board, and United States 
    Employment Service

Sec. 23.23 The House by voice vote agreed to a concurrent resolution 
    disapproving a Presidential reorganization plan relating to the 
    Federal Security Agency, Social Security Board, and United States 
    Employment Service.

    On June 10, 1947,(5) the House by voice vote agreed to 
House Concurrent Resolution 49, disapproving Reorganization Plan No. 2, 
relating to the Federal Security Agency, Social Security Board, and 
United States Employment Service (transmitted by the President on May 
1, 1947), after the Committee of the Whole approved a motion to rise 
and report back to the House with the recommendation that it be agreed 
to.
---------------------------------------------------------------------------
 5. 93 Cong. Rec. 6722-40, 80th Cong. 1st Sess. See appendix, infra, 
        which indicates that concurrence of both Houses was required to 
        disapprove reorganization plans prior to June 20, 1949, the 
        effective date of the relevant provision of the Congressional 
        Reorganization Act of 1949.
---------------------------------------------------------------------------

Federal Trade Commission

Sec. 23.24 The House by yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan relating to the 
    Federal Trade Commission.

    On June 20, 1961,(6) the House by a vote of yeas 178, 
nays 221, not voting 38, rejected House Resolution 305, disapproving 
Reorga
---------------------------------------------------------------------------
 6. 107 Cong. Rec. 10844-56, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 1916]]

nization Plan No. 4, relating to the Federal Trade Commission 
(transmitted by the President on May 9, 1961), after the Committee of 
the Whole approved a motion that the Committee rise and report the 
resolution back to the House with the recommendation that it not be 
agreed to.

Housing, Lending, and Insuring Agencies

Sec. 23.25 The House as in Committee of the Whole by voice vote agreed 
    to a concurrent resolution disapproving a Presidential 
    reorganization plan relating to housing, lending, and insuring 
    agencies.

    On June 18, 1947,(7) the House as in Committee of the 
Whole by voice vote agreed to House Concurrent Resolution 51, 
disapproving Reorganization Plan No. 3, relating to housing, lending, 
and insuring agencies, transmitted by the President on May 27, 1947.
---------------------------------------------------------------------------
 7. 93 Cong. Rec. 7252, 80th Cong. 1st Sess. See appendix, infra, which 
        indicates that concurrence of both Houses was required to 
        disapprove reorganization plans prior to June 20, 1949, the 
        effective date of the relevant provision of the Congressional 
        Reorganization Act of 1949.
---------------------------------------------------------------------------

National Labor Relations Board

Sec. 23.26 The House by a yea and nay vote agreed to a resolution 
    disapproving a Presidential reorganization plan relating to the 
    National Labor Relations Board.

    On July 20, 1961,(8) the House by vote of yeas 231, nays 
179, present 2, not voting 25, agreed to House Resolution 328, 
disapproving Reorganization Plan No. 5, relating to the National Labor 
Relations Board (transmitted by the President on May 24, 1961), after 
the Committee of the Whole by voice vote approved a motion that the 
Committee rise and report the resolution back to the House with the 
recommendation that it not be agreed to.(9)
---------------------------------------------------------------------------
 8. 107 Cong. Rec. 13069-78, 87th Cong. 1st Sess.
 9. See Sec. 23.27, infra, for Senate disposition.
---------------------------------------------------------------------------

Sec. 23.27 The Senate indefinitely postponed further consideration of a 
    resolution disapproving a reorganization plan relating to the 
    National Labor Relations Board, after the House agreed to a 
    resolution of disapproval (thereby terminating the plan).

[[Page 1917]]

    On July 20, 1961,(10) the Senate indefinitely postponed 
Calendar No. 545, Senate Resolution 158, disapproving Reorganization 
Plan No. 5, relating to the National Labor Relations Board (transmitted 
by the President on May 24, 1961), after the House agreed to disapprove 
the plan.(11)
---------------------------------------------------------------------------
10. 107 Cong. Rec. 13027, 87th Cong. 1st Sess.
11. See Sec. 23.26, supra, for House disposition.
---------------------------------------------------------------------------

National Oceanic and Atmospheric Administration

Sec. 23.28 The House by voice vote rejected a resolution disapproving a 
    Presidential reorganization plan creating the National Oceanic and 
    Atmospheric Administration within the Department of Commerce.

    On Sept. 28, 1970,(12) the House by voice vote rejected 
House Resolution 1210 disapproving Reorganization Plan No. 4, creating 
the National Oceanic and Atmospheric Administration within the 
Department of Commerce (transmitted by the President on July 9, 1970), 
after the Committee of the Whole by voice vote approved a motion that 
the Committee rise and report the resolution back to the House with the 
recommendation that it be rejected.
---------------------------------------------------------------------------
12. 116 Cong. Rec. 33885-96, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

Office of Science

Sec. 23.29 The House by voice vote rejected a resolution disapproving a 
    Presidential reorganization plan relating to the Office of Science 
    after the Committee of the Whole adversely reported the measure.

    On May 16, 1962,(13) the House by voice vote rejected 
House Resolution 595, disapproving Reorganization Plan No. 2 of 1962 
establishing the Office of Science and Technology in the Executive 
Office of the President (transmitted by the President on Mar. 29, 
1962), after the Committee of the Whole by voice vote approved a motion 
to rise and report the resolution back to the House with the 
recommendation that it not be agreed to.
---------------------------------------------------------------------------
13. 108 Cong. Rec. 8468-73, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

Reconstruction Finance Corporation

Sec. 23.30 The House by a yea and nay vote rejected a resolution 
    disapproving a Presidential plan reorganizing the Reconstruction 
    Finance Corporation.

[[Page 1918]]

    On Mar. 14, 1951,(14) the House by a vote of yeas 200, 
nays 198, not voting 35,(15) failed to agree to House 
Resolution 142, disapproving Reorganization Plan No. 11, relating to 
the Reconstruction Finance Corporation (transmitted to the Congress on 
Feb. 19, 1951), after the Committee of the Whole by voice vote approved 
a motion that the Committee rise and report the resolution back to the 
House with the recommendation that it not be agreed to.
---------------------------------------------------------------------------
14. 97 Cong. Rec. 2409-18, 82d Cong. 1st Sess.
15. Parliamentarian's Note: Under 5 USC Sec. Sec. 1332-1334 an 
        affirmative vote of a majority of the authorized membership of 
        the House was required to adopt a resolution disapproving a 
        Presidential reorganization plan. This requirement was deleted 
        on Sept. 4, 1957, by approval of 71 Stat. 611 (Pub. L. No. 85-
        286).
---------------------------------------------------------------------------

Securities and Exchange Commission

Sec. 23.31 The House by yea and nay vote rejected a resolution 
    disapproving a Presidential reorganization plan relating to the 
    Securities and Exchange Commission.

    On June 15, 1961,(16) the House by a vote of yeas 176, 
nays 212, not voting 48, rejected House Resolution 302, disapproving 
Reorganization Plan No. 1, relating to the Securities and Exchange 
Commission (transmitted by the President on Apr. 27, 1961), after the 
Committee of the Whole approved a motion to rise and report the 
resolution back to the House with the recommendation that it not be 
agreed to.(17)
---------------------------------------------------------------------------
16. 107 Cong. Rec. 10463-71, 87th Cong. 1st Sess.
17. See Sec. 23.32, infra, for Senate disposition of this plan.
---------------------------------------------------------------------------

Sec. 23.32 The Senate by roll call vote agreed to a resolution 
    disapproving a Presidential reorganization plan relating to the 
    Securities and Exchange Commission.

    On June 21, 1961,(18) the Senate by a vote of yeas 52, 
nays 38, agreed to Senate Resolution 148, disapproving Reorganization 
Plan No. 1, relating to the Securities and Exchange Commission 
(transmitted by the President on Apr. 27, 1961).(19)
---------------------------------------------------------------------------
18. 107 Cong. Rec. 11003, 87th Cong. 1st Sess.
19. See Sec. 23.31, supra, for House disposition of this plan.
---------------------------------------------------------------------------

Acceleration of Effective Date for Department of Health, Education, and 
    Welfare Reorganization Plan

Sec. 23.33 Instead of following the procedure prescribed by the

[[Page 1919]]

    Reorganization Act of 1949 to vote on a resolution disapproving a 
    Presidential reorganization plan, the House approved a House joint 
    resolution effectuating a plan to create the Department of Health, 
    Education, and Welfare 10 days after enactment of the joint 
    resolution, rather than 60 days after submission of the plan as 
    provided in the act.

    On Mar. 13, 1953,(20) the House agreed to House Joint 
Resolution 223, effectuating Presidential Reorganization Plan No. 1, 
creating the Department of Health, Education, and Welfare from the 
Federal Security Agency, 10 days after enactment of the joint 
resolution. Approval of this joint resolution did not follow the 
procedures prescribed by the Reorganization Plan of 1946, which 
provided that a Presidential reorganization plan would become effective 
60 days after its submission to Congress unless either House agreed to 
a resolution disapproving the plan. The following House joint 
resolution and amendment were approved:
---------------------------------------------------------------------------
20. 99 Cong. Rec. 2086-2113, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, etc., That the provisions of Reorganization Plan No. 
    1 of 1953, submitted to the Congress on March 12, 1953, shall take 
    effect 10 days after the date of the enactment of this joint 
    resolution and its approval by the President, notwithstanding the 
    provisions of the Reorganization Act of 1949 as amended, except 
    that section 9 of such act shall apply to such reorganization plan 
    and to the reorganization made thereby. . . .
        Amendment offered by Mr. [William C.] Lantaff [of Florida]: 
    Page 1, line 4, after the numbers ``1953'' insert the words 
    ``except the words in section 7 thereof which read: `The Secretary 
    may from time to time establish central administrative services in 
    the field of procurement, budgeting, accounting, personnel, 
    library, legal, and services and activities common to the several 
    agencies of the Department'.'' . . .
        The Speaker: (1) Under the rule the previous 
    question is ordered.
---------------------------------------------------------------------------
 1. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------

        The question is on the amendment.
        The amendment was agreed to.
        The Speaker: The question is on the engrossment and third 
    reading of the joint resolution.
        The joint resolution was ordered to be engrossed and read a 
    third time, and was read the third time.
        The Speaker: The question is on the passage of the joint 
    resolution.
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 291, nays 86, 
    answered ``present'' 3, not voting 51, as follows:
        So the House joint resolution was passed.(2)
---------------------------------------------------------------------------
 2. The report on this joint resolution is H. Rept. No. 166. See 
        Sec. 23.34, infra, for Senate approval of this joint 
        resolution.
            See Pub. Res. No. 75, 76th Cong. 3d Sess. (H.J. Res. 551) 
        for a joint resolution providing that Reorganization Plan No. 
        5, relating to the Immigration and Naturalization Service and 
        the Department of Labor and transmitted by the President on May 
        22, 1940, should take effect on the 10th day after enactment of 
        the joint resolution. The joint resolution was approved on June 
        4, 1940.

---------------------------------------------------------------------------

[[Page 1920]]

    House Joint Resolution 223, was considered under the following rule 
(H. Res. 179): (3)
---------------------------------------------------------------------------
 3. 99 Cong. Rec. 2086, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of House Joint Resolution 223, providing that Reorganization Plan 
    Numbered 1 of 1953 shall take effect 10 days after the date of the 
    enactment of this joint resolution. After general debate, which 
    shall be confined to the joint resolution, and shall continue not 
    to exceed 2 hours, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on Government 
    Operations, the joint resolution shall be read for amendment under 
    the 5-minute rule. At the conclusion of the consideration of the 
    joint resolution for amendment, the Committee shall rise and report 
    the joint resolution to the House with such amendments as may have 
    been adopted, and the previous question shall be considered as 
    ordered on the joint resolution and amendments thereto to final 
    passage without intervening motion except one motion to recommit.

Sec. 23.34 Instead of following the procedure prescribed in the 
    Reorganization Act of 1949, to vote on a resolution disapproving a 
    Presidential reorganization plan, the Senate approved a House joint 
    resolution effectuating a plan to create the Department of Health, 
    Education, and Welfare 10 days after enactment of the joint 
    resolution rather than 60 days after submission of the plan as 
    provided in the act.

    On Mar. 30, 1953,(4) the Senate agreed to House Joint 
Resolution 223, as amended by the House,(5) creating the 
Department of Health, Education, and Welfare from the Federal Security 
Agency.(6)
---------------------------------------------------------------------------
 4. 99 Cong. Rec. 2448-59, 83d Cong. 1st Sess.
 5. See Sec. 23.33, supra, for the text of the joint resolution and 
        amendment.
 6. The report on this resolution is S. Rept. No. 126.
---------------------------------------------------------------------------

Postponing Vote

Sec. 23.35 The House may postpone voting on a resolution to disapprove 
    a reorganiza

[[Page 1921]]

    tion plan by disagreeing to the highly privileged motion that the 
    House resolve itself into the Committee of the Whole for 
    consideration of such resolution.

    On June 8, 1961,(7) the House postponed voting on a 
resolution to disapprove a reorganization plan by disagreeing to the 
motion that the House resolve itself into the Committee of the Whole 
for consideration of such resolution.
---------------------------------------------------------------------------
 7. 107 Cong. Rec. 9775-77, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [H.R.] Gross [of Iowa]: Mr. Speaker, is it in order and 
    proper at this time to submit a highly privileged motion?
        The Speaker Pro Tempore: (8) If the matter to which 
    the gentleman refers is highly privileged, it would be in order.
---------------------------------------------------------------------------
 8. Oren Harris (Ark.).
---------------------------------------------------------------------------

        Mr. Gross: Then, Mr. Speaker, under the provisions of section 
    205(a) Public Law 109, the Reorganization Act of 1949, I submit a 
    motion. . . .
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Halleck: As I understand, there is a motion pending to call 
    up what is known as Reorganization Plan No. 2.
        The Speaker Pro Tempore: The chair would state that the 
    gentleman from Iowa indicated he would submit such a motion, but it 
    has not been reported.
        Mr. Halleck: Mr. Speaker, a further parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Halleck: The majority leader, the gentleman from 
    Massachusetts [Mr. McCormack], talked to me yesterday about 
    scheduling this matter for the consideration of the House of 
    Representatives and indicated to me that it would be scheduled in 
    due time upon agreement between the majority and the minority 
    Members. In view of this I would like to inquire whether or not we 
    could have any assurance from the leadership on the Democratic 
    side, including the acting majority leader and the chairman of the 
    Committee on Government Operations, as to when this matter might be 
    called, if this motion now does not prevail.

        Mr. [Hale] Boggs [of Louisiana]: Mr. Speaker, in reply to the 
    gentleman, in the absence of the majority leader, I can only say 
    that I can give the assurance that the plan will be called up. It 
    is my understanding that the chairman of the committee has 
    indicated that he will confer with the majority leader on calling 
    it up next Thursday. In the absence of the majority leader I cannot 
    give a date positive, but I can give assurance that it will be 
    called up. . . .
        Mr. Halleck: Mr. Speaker, a further parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Halleck: If the pending motion is voted down, would it 
    still be in order at a subsequent date to call up a motion 
    rejecting plan No. 2 for another

[[Page 1922]]

    vote? I ask that because I am opposed to plan No. 2. The committee 
    has reported adversely in respect to plan No. 2. I am going to vote 
    against that plan and in support of the resolution of the 
    committee. But under my responsibility as the minority leader and 
    under my agreement with the majority leader, I do not see how I 
    could vote today unless, under the situation as it exists, that 
    vote today would be conclusive as to plan No. 2. . . .
        The Speaker Pro Tempore: In the opinion of the Chair, under the 
    Reorganization Act, it could be called up at a subsequent date.
        Mr. Halleck: In other words, the action that would be taken 
    today would not be final?
        The Speaker Pro Tempore: The gentleman is correct. . . .
        Mr. [Clarence J.] Brown [of Ohio]: Mr. Speaker, a further 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Brown: As I understand the parliamentary situation the 
    motion would be to take up the resolution of rejection; is that 
    correct?
        The Speaker Pro Tempore: The Chair would like to state that the 
    motion has not yet been reported; but the Chair understands that 
    the motion is for the House to go into Committee of the Whole House 
    for the consideration of it.
        Mr. Brown: If that should be defeated, of course, we would not 
    have the resolution of rejection before us.
        The Speaker Pro Tempore: The gentleman is correct.
        Mr. Brown: And therefore the vote would be simply on whether we 
    want to take it up today or take it up later?
        The Speaker Pro Tempore: The gentleman is correct. . . .
        The Chair feels that this matter has probably gone far enough.
        The Clerk will report the motion offered by the gentleman from 
    Iowa.
        The Clerk read as follows:

            Mr. Gross moves that the House resolve itself into the 
        Committee of the Whole House on the State of the Union for the 
        consideration of H. Res. 303 introduced by Mr. Monagan 
        disapproving Reorganization Plan No. 2 transmitted to the 
        Congress by the President on April 27, 1961.

        The Speaker Pro Tempore: The question is on the motion.
        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman of Michigan: Mr. Speaker, if I vote to postpone 
    this; am I then on record as approving the plan?
        The Speaker Pro Tempore: Of course, that is not a parliamentary 
    inquiry.
        Mr. [Byron G.] Rogers of Colorado: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Rogers of Colorado: Mr. Speaker, is a motion to lay this 
    motion on the table in order?
        The Speaker Pro Tempore: It would not be in order at this time.
        The question is on the motion offered by the gentleman from 
    Iowa [Mr. Gross].
        The motion was rejected.~(9)
---------------------------------------------------------------------------
 9. See Sec. 23.17, supra, for a discussion of the House vote on this 
        plan to reorganize the Federal Communications Commission.

---------------------------------------------------------------------------

[[Page 1923]]

Priority of Consideration

Sec. 23.36 The House having agreed that consideration of the general 
    appropriation bill of 1951 take priority over all business except 
    conference reports, it was held that such agreement gave a higher 
    privilege to the appropriation bill than consideration of 
    resolutions disapproving reorganization plans of the President.

    On May 9, 1950,~(10) Speaker pro tempore John W. 
McCormack, of Massachusetts, ruled that a unanimous-consent agreement 
that consideration of the general appropriation bill of 1951, a bill 
combining all appropriations measures, take priority of all business 
except conference reports, gave a higher priority to the appropriation 
bill than consideration of resolutions disapproving Presidential 
reorganization plans.
---------------------------------------------------------------------------
10. 96 Cong. Rec. 6720-24, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, I make the 
    point of order that the House is not proceeding in the regular 
    order because under section 205a of the Reorganization Act, which 
    is Public Law 109 of the Eighty-first Congress, first session, any 
    Member of the House is privileged, and this is a highly privileged 
    motion, to make the motion that the House proceed to the 
    consideration of House Resolution 516.
        The gentleman from Michigan being on his feet to present this 
    highly privileged motion, the regular order is that he be 
    recognized for that purpose that the motion be entertained and the 
    question put before the House, and my motion is that the House 
    proceed to the consideration of House Resolution 516.
        The Speaker Pro Tempore: That is the resolution disapproving 
    one of the reorganization plans?
        Mr. Hoffman of Michigan: That is right, House Resolution 516 
    disapproving plan No. 12.~(11)
---------------------------------------------------------------------------
11. This plan related to the National Labor Relations Board.
---------------------------------------------------------------------------

        And, Mr. Speaker, I ask unanimous consent to revise and extend 
    my remarks in connection with the point of order. . . .
        Mr. Speaker, may I be heard further on the point of order?
        The Speaker Pro Tempore: The Chair is glad to hear the 
    gentleman from Michigan.
        Mr. Hoffman: . . . [O]n the 3d of April the gentleman from 
    Missouri [Mr. Cannon] asked unanimous consent ``that time for 
    general debate be equally divided, one-half to be controlled by the 
    gentleman from New York [Mr. Taber] and one-half by myself [Mr. 
    Cannon]; that debate be confined to the bill and that following the 
    reading of the first chapter of the bill, not to exceed 2 hours of 
    general debate be had before the reading of each subsequent 
    chapter, one-half to be con

[[Page 1924]]

    trolled by the chairman and one-half by the ranking minority member 
    of the subcommittee in charge of the chapter.''
        The gentleman from Texas [Mr. Mahon] cites page 4835 of the 
    daily Record of April 5, which reads as follows:

            Mr. Cannon. I ask unanimous consent that the general 
        appropriation bill for the fiscal year 1951 have right-of-way 
        over all other privileged business under the rules until 
        disposition, with the exception of conference reports.

        Still later and on April 6, the gentleman from Missouri [Mr. 
    Cannon] asked unanimous consent that the Record be corrected. His 
    request was as follows--pages 4976-4977 of the daily Record:

            Mr. Cannon. Mr. Speaker, on page 4835 of the Record of 
        yesterday, the first column carrying the special order made by 
        the House last night reads that the general appropriation bill 
        shall be a special order privileged above all other business of 
        the House under the rule until disposition. The order made was 
        until final disposition. I ask unanimous consent that the 
        Record and Journal be corrected to conform with the proceedings 
        on the floor of the House yesterday.

        There was no objection. . . .
        Furthermore, while appropriation bills have a privileged 
    status, but under the subsequent rule of the House, adopted in the 
    reorganization bill, a motion to consider a resolution is highly 
    privileged. Certainly that has priority over this ordinary 
    privilege or special privilege which the gentleman from Missouri 
    [Mr. Cannon] secured.
        How can unanimous consent secured by the gentleman from 
    Missouri [Mr. Cannon] on either the 3d, the 5th, or the 6th of 
    April, even though the corrected request states ``that the general 
    appropriation bill shall be a special order privileged above all 
    other business of the House under the rule until final 
    disposition,'' have priority over Public Law No. 109, Eighty-first 
    Congress, when, under title II, we find the following:

            Sec. 201. The following sections of this title are enacted 
        by the Congress:
            (a) As an exercise of the rulemaking 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 202); and such rules shall supersede other 
        rules only to the extent that they are inconsistent therewith; 
        and
            (b) With full recognition of the constitutional right of 
        either House to change such rules (so far as relating to the 
        procedure in such House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of such House. 
        . . .
            Sec. 205. (a) 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 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. . . . ~(12) 
---------------------------------------------------------------------------
12. Subsequent material--several Congressional Record excerpts from the 
        debate on reorganization plan provisions of the Reorganization 
        Act of 1949, which indicate that the intent of the framers was 
        to ensure a congressional veto power over such plans--is 
        omitted here.

---------------------------------------------------------------------------

[[Page 1925]]

        The Speaker Pro Tempore: The Chair is prepared to rule.
        The gentleman from Michigan makes a point of order, the 
    substance of which is that the motion he desires to make or that 
    someone else should make in relation to the consideration of a 
    disapproving resolution of one of the reorganization plans takes 
    precedence over the appropriation bill insofar as recognition by 
    the Chair is concerned. The gentleman from Michigan raises a very 
    serious question and the Chair feels at this particular time that 
    it is well that he did so.
        The question involved is not a constitutional question but one 
    relating to the rules of the House and to the Legislative 
    Reorganization Act of 1949 which has been alluded to by the 
    gentleman from Michigan and other Members when addressing the Chair 
    on this point of order. The Chair calls attention to the language 
    of paragraph (b) of section 201 of title II of the Reorganization 
    Act of 1949 which reads as follows: ``with full recognition of the 
    constitutional right of either House to change such rules so far as 
    relating to procedure in such House at any time in the same manner 
    and to the same extent as in the case of any other rule of such 
    House.''
        It is very plain from that language that the intent of Congress 
    was to recognize the reservation to each House of certain inherent 
    powers which are necessary for either House to function to meet a 
    particular situation or to carry out its will.
        On April 5, the gentleman from Missouri [Mr. Cannon], chairman 
    of the Committee on Appropriations, submitted a unanimous-consent 
    request to the House, which was granted, which has the force of a 
    rule, and which relates to the rules of the House governing the 
    consideration of the omnibus appropriation bill while it is before 
    the House and, of course, incidentally affecting other legislation. 
    The consent request submitted by the gentleman from Missouri was 
    ``that the general appropriation bill for the fiscal year 1951 have 
    right-of-way over all other privileged business under the rules 
    until disposition, with the exception of conference reports.''
        That request was granted by unanimous consent. On the next day, 
    the gentleman from Missouri [Mr. Cannon], in correcting and 
    interpreting the consent request granted on April 5, submitted a 
    further unanimous-consent request.
        The daily Record shows, on page 4976, April 6, that the 
    gentleman from Missouri [Mr. Cannon] said:

            Mr. Speaker, on page 4835 of the daily Record of yesterday, 
        the first column carrying the special order made by the House 
        last night reads that the general appropriation bill shall be a 
        special order privileged above all other business of the House 
        under the rule until disposition. The order made was until 
        final disposition. I ask unanimous consent that the Record and 
        Journal be corrected to conform with the proceedings on the 
        floor of the House yesterday.

        The Record further shows that the Speaker put the request and 
    there was no objection.

[[Page 1926]]

        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: Let the Chair finish.
        Mr. Rankin: Mr. Speaker, I would like to propound a 
    parliamentary inquiry at this time.
        The Speaker Pro Tempore: The Chair is in the process of making 
    a ruling.
        Mr. Rankin: That is the reason I want to propound the inquiry 
    right at this point.
        The Speaker Pro Tempore: The Chair recognizes the gentleman.
        Mr. Rankin: We for the first time this year have all the 
    appropriations in one bill. Now, if they drag out consideration 
    under the 5-minute rule beyond the 24th, would that not shut the 
    Congress off entirely from voting on any of these recommendations? 
    So we do have a constitutional right to consider these propositions 
    without having them smothered in this way.
        The Speaker Pro Tempore: The Chair will state that the House 
    always has a constitutional right and power to refuse to go into 
    the Committee of the Whole on any motion made by any Member, so 
    that the House is capable of carrying out its will whatever may be 
    the will of the majority of the House.
        Continuing, the Chair will state that in the opinion of the 
    present occupant, in view of the unanimous-consent request made by 
    the gentleman from Missouri and granted by the House, if any member 
    of the Appropriations Committee moves that the House resolve itself 
    into the Committee of the Whole on the State of the Union to 
    consider the appropriation bill, that motion has preference over 
    any other preferential motion. It is a matter that the House 
    decides when the motion is made as to what it wants to do and it 
    has an opportunity when that motion is made to carry out its will.
        Mr. [Arthur L.] Miller of Nebraska: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Miller of Nebraska: I understood the statement of the 
    gentleman from Missouri on April 6 was that the appropriation bill 
    would take precedence over all legislation and special orders until 
    entirely disposed of. Does that include conference reports?
        The Speaker Pro Tempore: A conference report is in a privileged 
    status in any event.
        Mr. [John] Taber [of New York]: They were specifically 
    exempted.
        The Speaker Pro Tempore: They were specifically exempted. In 
    relation to the observation made by the gentleman from Michigan 
    [Mr. Hoffman] that because other business has been brought up and 
    that therefore constitutes a violation of the unanimous-consent 
    request, the Chair, recognizing the logic of the argument, 
    disagrees with it because that action was done through the 
    sufferance of the Appropriations Committee and, in the opinion of 
    the Chair, does not constitute a violation in any way; therefore 
    does not obviate the meaning and effect of the unanimous-consent 
    request heretofore entered into, and which the Chair has referred 
    to.
        For the reasons stated, the Chair overrules the point of order.

[[Page 1927]]

        Mr. Hoffman of Michigan: Mr. Speaker, a further point of order.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman of Michigan: The point of order is the same as I 
    raised before; but, to keep the Record clear, I wish to make the 
    same point of order regarding House Resolution 522, House 
    Resolution 545, and House Resolution 546, that is, that the House 
    proceed to the consideration of each of those resolutions in the 
    order named, assuming, of course, that the ruling will be the same, 
    but making a record.
        The Speaker Pro Tempore: The Chair will reaffirm his ruling in 
    relation to the several resolutions the gentleman has referred to.

[[Page 1929]]