Legislative Reorganization Act of 1946

Embed Size (px)

Citation preview

  • 8/10/2019 Legislative Reorganization Act of 1946

    1/44

    [PUBLIC L A . W 6017Gru CON GRESS)[CHAPTER 7532i> SES .SION][S.2177]A N A C T

    T o provide for Increased efficiency in the legislative branch of the Government.

    Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled,

    SHORT TITLE

    That (a) this Act, divided into titles and sections according to thefollowing table of contents, may be cited as the "Legislative Reor-ganization Act of 1946":

    TA B L E OP C O N T E N T S

    TITLE ICHAN GES is Rous or SEN AT X AKD HousiSec. 101. R ule-making power of the Senate and House.

    PAST l-7-STAKDIXG BULES OF THE 8EKATE

    Sec. 102. S tanding committees of the Senate.Committee on Agriculture and Forestry.Committee on Appropriations.Committee on A rmed Services.C ommittee on B anking and C urrency.Committee on Civil Service.Committee on the District of Colombia.Committee on Expenditures In the Executive Department*.Committee on Finance.Committee on Foreign R elations.Committee on Interstate and Foreign Commerce.Committee on the Judiciary.Commituo on L abor and Public Welfare.Committee on Public Lands.Committee on Public Works.Committee on Rules and Administration.

    Sec. 100. Appropriations.

    PA RT 2Roues or rnr H O U S E or REpBESKNTAirvn

    Bee. 121. S tanding comm ittees of the House of R epresentative*.Committee on Agriculture.Committee on Appropriations.

    Committee on Armed Services.Committee on Banking and Currency.Committee on Post O f f i c e and Civi l Service.Committee on the D lsti lct of Columbia.Committee on Education and Labor.Committee on Expendi tures lu the E xecutive D epartments.Committee on Foreign Affaire.Committee on House Administrat ion.Committee on Interstate nnd Foreign Commerce.Committee on the Judiciary.Committee on Merchant Marine and Flohcrle*.Committee on Public Lands.

  • 8/10/2019 Legislative Reorganization Act of 1946

    2/44

    (Tom. LAV COL] &

    Committee on Public Works.Committee on Rules.Committee on U n-A me rican A ctivities.

    Committee on Veterans' A ffairs.Committee on Way* and Means.ftoc. 122. D elegates and R esident C ommissioner.Sec. Iff* Reference of Private Claims Bills.

    tan *nortsioifa AFRJCJLBLE TO BOTH H O D M

    Sec: 151. Private bills banned.Sec. 132. Congressional adjournment.Sec. 133. Committee procedure.Sec. 134. Committee powers.Sec. 135. C onference rules on amendments In natnro of tnbstltijt*.Sec. 138. Legislative oversight by standing committees.Sec. 137. D ecisions on questions of com mittee Jurisdiction.Sec. 138. L egislative B udgetSec. 139. H earings and reports by A ppropriations C ommittee*.Sec. 140. R ecords of Congress,Sec. 141. Preservation of committee hearings.Sec. 142. E ffective date.

    Tmx nMISCELLAHKJU*

    FAIT 1BTATUTOBT PROVISIONS BELATIKO TO CONOIXSOXOKU. FEUOHm

    Sec. 201. Increase In compensation for certain Concessional officer*.Sec. 202. Committee staffs.Sec. 203. L egislative R eferen ce Service.Sec. 204. Office of the Legislative CounselSec. 205. Studies by C omptroller Gen eral.Sec. 800. E xpend iture analyses by Comptroller General.Sec. 207. Correction of M ilitary and N aval Records.

    PAST 1STATUTORY PROVISIONS UECATTNO TO COMUlTmB OF COROnW

    Sue. 221. Improvement of Congressional Record.Sec. 222. Joint Committee on Printing.Sec. 223. Joint Committee on the Library.Sec. 224. T ran sfer of functions.

    Sec. 225. Joint C ommittee on the Economic ReportSec. 220. E conomic R eport of the President

    FAST 1 P R O V I S I O N S R E C AT W O T O CAPITOL A N D PAQ10I

    Sec. 241. Remodeling of caucus rooms and restaurant*.Sec. 242. Assignment of Capitol space.Sec. 2-13. S en ate and House pages.Sec. 244. Authorization of appropriations and personnel.Sec. 2-15. Effective data

    Trrtx IIIREGULATION or Loetrnifo A ct

    See. 301. Short title.Sec. 301- D efinitions.Sec. 303. D etailed accounts of contribution*.Sec. 304. R eceipts for contributions.Sec. 305. Statements to be tiled with Clerk of House.Sec. 300. S ta tement preserved for two years.Sec. 807. Persons to whom applicable.Sec. 808. R egistra tion wltli Secretary of the Senate and Clerk of the HonmSec. 800. R ep orts and stateme nt* to be uinde under oath.Sec. 310. Penalties.Sec. 311. E xemption .

  • 8/10/2019 Legislative Reorganization Act of 1946

    3/44

    3 (Pm. LAV H}

    Trnx IV Fnfflui. T O I T C L A I M S ACT

    i B H O B T mix AITD Dxrrerrtioxmfee. 4 O T.

    Short title,

    Sec. 402. D efinitions.M W 2 ADiriNisTRAirvz A D J U S T M E N T o r TO O T C U L X U S A O A X H S T T H X UHUU KA.TO

    Sec. 403. Claims of ;000 or less.Sec. 40i Beporta

    PAir s ran*Sec. 410. Jurisdiction.See. 411. Procedure.Sec. 412. R eview.Sec. 413. Compromise.

    FA S T 4 P B O V I S I O N S ooirvoir TO r**r 3 A H D PAST sSec. 420. O ne y ear statute of limitations.Sec. 421. Exceptions.S ea 422. A ttorneys' fees.Sec. 423. Erclusiveness of remedy.Sec. 424. C ertain statutes Inapplicable.

    Trnji T GctnxAt, Brawn A C TSec. 50L Snort title.Sec. 502. Consent of C ongress.Sec. 503. Tolls.Sec. 601 Acquisition by public agencies.Sec. 505. Statements of costSec. 506. Sinking fund.Sec. 507. Applicability of title.Sec. 60S. International bridge*.Sec. 600. E minen t domain.Sec. 510. P enalties.Sec. 511. B ights reserved.

    Trru VI CoupeKs&Tioif A N D R E T I X E I G E N T PAT ov 'Mnrnn* or O O H O B C M

    Sec. 601. C ompensation of Members of Congress.Sec. 602. R etirement pay of Members of Congress.

    8ZFARABIUTT CL AXJSB

    (b) If any provision of this Act or the application thereof to anyperson or circumstances is held invalid, the validity r f r ' - i ''*>.i.inderof the Act and of the application of such pro visit. r. oiner :e

  • 8/10/2019 Legislative Reorganization Act of 1946

    4/44

    (b) With fill] recognition of the constitutional right of cither H ouseto change such riles (so far as relating to the procedure in such House)at any time, in ;he same m anner and to the same extent as in the case

    of any other rule of such H ouse.I ' A RT 1STAND ING RULES or T H E SENATE

    STAN D IN G COMMITTKES OF TD SENATE

    SEC. 102. IU le XXV of the S tanding R ules of the Senate is amendedto read as follows:

    " R U L E XXV

    " S TA N D I N G cosntnrK E S"(1) Tlu followin g stan din g com m ittees shall be ap pointed at the

    commencCMeiit of each Congress, w ith leave to report by bill or other-wise :

    "(a) Commit tee on A gr icul ture and Forestry, to consist of thirteenSenMoib , to w hich comm ittee shall be referred all proposed legislation,ir.e&ougts, pe titions, mem orials, and other matters relating to the fol-lowing sub jects :

    "1. A gricul ture generally.(:2. Inspection of livestock and meat products."3. A n im al in du stry and diseases of animals."-1. A du lteration of seeds, insect pests, and protection of birds and

    animals in forest reserves."5. A gr icu ltur al colleges and experiment stations.< :G . Forestry in general, and forest reserves other than those created

    from the publ ic domain."7. A gricu l tural economics and research."S . A gr icu ltu ra l and industrial chemistry."9. D airy industry."10. E ntomology and pla nt qu ara nt in e."11. H u m an nu tri t io n and hom e economics."12. P lan t in d u st ry , soils, and agricu ltural engineering."13. Agr icu l tu ra l ed uc ation al extension services."14. E xtension o f f a rm credit and farm security ."15. R u r a l electrifica'.ion."1C. Agr icu l tu ra l product ion and market ing and stabilization of

    prices of agricultural products."17. Crop insurance and soil conserv ation."(b) Comn. ' t tce on A ppropriations, to consist of twenty-one Sena-

    tors, to which cuinmitteo shal l bo referred all proposed legislation,messages, petitions, m em orials, and other matters re lating to thefollowing subjects:

    "1. A pp ropr iation of the revenu e for the supp ort of the Government"(c) C om nil tee on A r m ed Services, to consist of thirteen Senators,

    to which committee shall be r c fe i . jd all proposed legislation, messages,petitions, memorials, and other maltors relating to the followinglubjocte:

    u l. C ommon defense generally."2 . T he W ar D epa r tm ent ami the M i l ita ry E stablishment generally.

  • 8/10/2019 Legislative Reorganization Act of 1946

    5/44

    6

    *T . Municipal and juvenile courts. ."8. Incorporaticn arid organization of societies."9. Municipal code and amendments to the criminal and corporation

    - "(g) (1) Committee on Expenditures in the Executive Depart-mejits, to consist of tliirteen Senators, to which committee shall be

    - referred all proposed legislation, messages, petitions, memorials, andother matters relating to ,the .following sub jects:

    "(A) Budget and accounting measures, other than appropriations."(B) Reorganizations in the executive branch of the Government"(2) S uch committee shaU have the duty of

    "(A) receiving and examining reports of the ComptrollerGeneral of the United States and of submitting such recommen-dations to the Senate as it deems necessary or desirable in con-nection with the subject matter of such reports;

    "(B) studying the operation of Government activities at alllevels wi th a view to d etermining its economy and efficiency;

    "(CJ) evaluating the effects of laws enacted to reorganize thelegislative and executive branches of the Government;

    "(D ) study ing intergovernmental relationships between theUnited States and the States and municipalities, and between theU nited States and international organizations of which the UnitedStates is a mem ber.

    "(h) Commit tee on Finance, to consist of thirteen Senators, tow l i i h com m ittee shoil be referred all proposed legislation, messages,pct.itions, .m em orials, ai.d other ma tters relating to the followingsubjects:

    "i. R rven ue measures general ly.v:2. T he bonded debt of the U nited States."3. The deposit of public m oneys."4. C usioms, collection districts, ana porU of entry and delivery.":>. R eciprocal t rade agreements."G. Transportat ion of dut iable goods.'7. Ri-vonue measures re lat ing to the insular possessions,

  • 8/10/2019 Legislative Reorganization Act of 1946

    6/44

    "6. International conferences and congresses. ;."7. The American National ;Red Cross. :J"8. Intervention abroad and declarations of war.

    "9. Measures relating to the diplomatic service. ~> _ -"10 Acquisition of land and buildings for embassies and legationsin foreign countries. '

    "11. Pleasures to foster commercial intercourse with foreign nationsanQ to safeguard American business interests abroad.

    12. United Nations Organization and ^international financial andmonetary organizations, - / . ,J&3\ Foreign loans. /'

    "(j) Committee on Interstate and Foreign Commerce, to consistof thirteen Senators, to which committfte shall be referred all proposedlegislation, messages, petitions, memorials, and other matters relatingto'the following subjects:

    "1. Interstate and foreign commerce generally."2. Regulation of interstate railroads, busses, trucks, and pipe lines.."3. Communication by telephone, telegraph, radio, and television."4. Civil aeronautics. ' r .. '* -"5. Merchant, marine generally."6. Registering and licensing of vessels and small boats.

    ' "7. Navigation and the laws relating thereto, including pilotage."8. Rules and international arrangements to prevent collisions.at

    sea."9. Merchant marine officers and seamen.(

  • 8/10/2019 Legislative Reorganization Act of 1946

    7/44

    8 ~ " ' : -v

    "8. Holidays and celebrations. " --=^'"9: Bankruptcy, mutiny, espionage, and counterfeiting.*10. State and Territorial boundary lines'. -"11. Meetings of Cpngress, abidance of Members, and their

    acceptance of incompatible offices. 12. (Civil liberties?'.-- ^J : . _ . 13. Patents, copyrights; and trade-marks.

    ' 14. Patent Off i ce . . , , . :."15. Immigration and naturalization. ^:tl6. Apportionment of .Representatives. '"17. M easures relating to claims against the United States."18. Interstate compacts generally. :

    " (1) Committee oil-Labor and Public Welfare, to consist of thirteenSenators, to which committee shall be referred all proposed legisla-tion,

    messages, petitions, memorials, and

    other milters relating to the

    following subjects:"1. Measures relating to education, labor, or publio welfare gen-

    erally. .."2. M ediation and arbitration of labor disputes."3. Wages and hours of labor."4. Convict labor and the entry of goods made by convicts into

    interstate comm erce."5. R egulation or prevention of importation of foreign laborers

    under contract. ""6. Child labor. _"7. L abor statistics."8. Labor standards."9. School-lunch program.'"10. Vocational reh ab ilitation ."11. R ailroad la bo r and railroad retireracnt and unemployment,

    pscept revenue m easures relating thereto."12. U nited S tates E mployees' C ompensation C ommission."13. Columbia I nsti tution for the D eaf, D um b , and B lin ; Howard

    Universi ty; Freedmcn's H ospital; and Saint Elizabeth's Hospital."1-1. P ublic health and qu ar an tin e."15. Welfare of m iners."16. Vocational rehabilitation and education of veterans."17. Veterans' hospitals, medical caro and treatment of veteraiis.

    "UIS . Soldiers ' and failors' civil relief."10. Readjuslinenf of servicemen to civil life." f m ) Commit tee on P ubl ic L ands , to consist of thirteen Senators,

    to which committee shall bo referred-all proposed legislation, mes- : I ; J L : . peti t ions, memoiials, aiid other iiiatf.ei's relating to the follow-ing subjects:

    "1. Publ ic laruls gcncrallj*, including tntry, easements, and grazing "thereon.;2. Minera l resources of tJ\o public lands.

    "3. Forfeiture of land grants and auen ow nership, includ ing alienownership of mineral lands.

    "1. Forest reserves and national parks created from tho publiodomain.

    " ~ > . Mi l i ta ry parks and battlefields, and national cemeteries.

    0

  • 8/10/2019 Legislative Reorganization Act of 1946

    8/44

    .- . y. rpcB.LiTaai.1

    "6. Preservation of prehistoric rains and objects of incerest 6n-the -public .domain. - - . "

    "7. Measures relating gfenefiiUy to Hawaii, Alaska, and the insularpossessions of the United States, except those A ffecting their revenue -.-a n d appropriations. > :

    "8; "Irrigation arid reclamation, including w ater supply for reclama-tion projects, and easements of public'lands for irrigation projects.

    "9. Interstate compacts relating to apportionment of vrat/ijrs forirrigation .purposes. ' '._r 19. Minirig.interests generally; ' ' ' .

    "L L M ineral land laws aad claims and entries thereunder. """12. Geological survey . ""-13. Mining schools and experimental stations. -"14. Petroleum conservation and conservation of the radi am supply

    . in the U nited States."15. R elations of the U nited States with the Indians and the Indian

    tribes."16. M easures relating to-the care, e duc ation, and m an ag em en t of

    Indians, including the care and allotment o Ind ian Ijpds and _onoi-.iland special measures relating to ckiras which are yaid out of^ncli.infunds.

    " ( n ) . The Committee.on Public Works, to consist of thirteen Sena-rorSj to which commit.^ shall be inferred aU proposed legislation,messages, petitions, memorials and other matters relating to tie follow-ing suD Jccts: -

    1. i'lood control and improvement of rivers and harbors. -"2. Public works for the-benefit of navigation, and bridsics ati 'l

    dams (other than niiernational bridges and dams)."3. Water power."4. O il.and o ther pollution of nnvis/aWe voters."5. Public buildings and occupied or improved grounds of "the

    United States generally . '- .

    "6. Measures relating to the purchase of sices and cor.jiruction .itpostofiices, customhouses. Federal courrlioi;ses,"nnd Government build-ings within the District of C olumbia.

    "7. Measures relating .to'-tho Capitol .building ard the S enate andHouso Oflice B uildings. -' -

    "8. M easures relating to tho construct:on orreconstr'.H 'ticu. mainte-nance, and care of thn, buildings and grounds of tho. Bptan.ii. Ga rdens , "tho Librai7 of Congress, and ino Smif ' isonian T n s t i t u f c i o n

    "9. Public reservations and parks wi th in the D is tr i- t of C olumbia ,including R ock C reek Park and the Zoological P a rk .

    "10. M easures rela ting to the-construction or

  • 8/10/2019 Legislative Reorganization Act of 1946

    9/44

    , I P O * . law m.\ 10 , -'-'.N

    "(By Except as provided in paragraph (n) 8, matters relating tothe Library of Congress and tho. Senate Library ; statuary and pic-tures; acceptance or purchase of /works of aiu for the Capitol; theBotanic Gardens; management of the Library of Congress; puirchasnof books < md mnnubciijpts; erection of mohumentr to the memory ofindividuals. ,

    K (C) Extcptas piovided in paragraph-(n) 8 3 matters relating to tho.Smitihbui.iiiii institution and the incorporation of sunilar institutions "

    U (D) Matters relating to tho election of the President, ice presi-dent, or Members of Congiess; corrupt practices; contested j elections;credentials uhd qualifications; Federal elections generally; Presi-dential succession.

    "(E) Matters relating to parliamentary rules; floor and galleryrules; Senate Rt-staurant; administration of tho Senate Office Build-ing and of tho Senate Wing of the Capitol; assignment of office space;and services to the Senate.

    "(I 1 j Matters relating to printing and correction of the Congres-sional Record.

    "(2) Such committee shall also have the duty of examining all bills,amendments, and joint resolutions afterpassage by the Senate; and,in Cooperation with the Committee- on House Administration of theHuii*c of Representatives, of examining all bills and joint resolutions.\\lacb shall have passed both Houses, to G C C that the same are correctlyem-oiled ; and \\hen signed by the Speaker o.f tho Houso and tho Presi-dent of the Senate, shall forthwith* present the same, when they shallha o or iginated in tho Senate, to tho President of the United States inperson, and report the fut and date of such pres ntation fo tho S enate. Such committee shall also have tho duty oi -assigning olfu.'J sparein thf Senate Wing of the C;ipitol and in th'e Senate Ofiice Bulling.

    " '}) Each standing cuininittfic shall continue and have the power toact unt i l their succesFors are appointed.

    u (3) Each sunning coinmiUeo is authorized to fix tho nuntbor of itsmembers (but not Ics* than ono-thml of its entire membei'ship) ^hoshal l constitute a quo tum thereof for tho transaction of such businessas j nav be considered by said committee, subject to tho provisions ofsection 13 3 (d) of the Legislative Reorganization Act oi 194C.

    ' 1) K:icl Senator &l i ; i l l serve on two standing committees and nomore; except that Senators of tuo majority party who are membersof t h e - C ommi t tee on the District of Columbia or of tho Coi-nnittco onExpvii t l i t i i ivs in the Excu.tivo Departments m ay serve on three stand-i.njj com m ittees and no more."

    Sv.c. lu3. R u le X\T of tho Standing Rules of the Senate is amended

    to read as follows:

    , TO

    "1. All general appropria t ion bills shr.li l> e referred to tho Com-mittee on A p p r o p r i a t i o n s , : < t u l n < > . une i idnan lo shall bp i-eccive

  • 8/10/2019 Legislative Reorganization Act of 1946

    10/44

    11 f?-tJ^ J~ n

    an appropriation already contained in the bill or to add a new itemof appropriation, unless it be made to carry out the provisions, ofsome eisting law, or treaty stipulation, or Act, or resolution pre-viously passed by the Senate during that session; or unless the samehe moved by direction of a standing or select committee of the S enate^or proposed in pursuance of an estimate submitted, in accordance withlaw. . \-

    :C2. T he Committee on Appx-opriations shall not. report an appro-priation bill containing am ehdmenjs proposing new or general legis-lation or any restriction on the expen diture of the funds appicpriatedwhich proposes a limitation not authorized by law if s'jch restrictionis to take effect or cease to be effective upon^the happening of acontingency, and if an appropriation hi1 is reported to the senatecontaining amendm ents proposing new or general legislation or anysuch restriction, a point of order may be m ade against the bill, andif the point is sustained, the bill shall be recomm itted to the Committeeon Appropriations.

    "3. All amendments to general appropriation bills moved by direc-tion of n standing or select conunitteo of the Senate, proposing toincrer.se an appropriation already contained in the bill, or to addnew items of appropriation, shall, at least one day before they areconsidered, "be referred to the G umittee on Appropriations,' and"when actu ally proposed to the bill no amendm ent proposing to increase

    the am oun t stated in such am endm ent shall be received; in like man-ner, a m endm ents proposing new items of appropriation to river andharbor bills, establishing post roads, or proposing new post vends,shall, before be ing considered, bo referred to the Committee on P ub licWorks.

    "4. N o amendment which proposes general legislation shall bereceived to any general appropriation bill, nor shall any amendmentnot germane or relevant to the subject matter contained in the billbe received; nor shall any amendment to any item or clause of suchbill be received whidi does not directly relate thereto; nor sluill any

    restriction or, the expendi ture of the funds appropriated which pro-poses a limiif.iion not authorized -by law be received if such restric tionis to take clTect or cease to be effective upon ihe happen ing of a con-tingency; and all questions of relevancy of anu-udinents un der th isrule, v / h f c n raised, shall b submitted to the Senate and be (Voidedw ithou t .debate ; and any such amendment or restriction to a lappvopriatlon bill may be laid on the table w ithout ^rcjndico. TO thobill:

    "6. (a) T hree mem bers of the following-, ;]moil committees, to bosek-.;'ed by their respective com mittees, t ha i ho L .V f i i i i c - i o membersuf the Commit tee on A ppropria tions , to -; v i> m, >;i i(i commiuoc \/icntho annual appropriation bill n:akinjj nnprf.priiit ions for the pijfp'ircsspecified in fhe f o l l r i w ' . n j r i . L ie o p p. ^ H c (he nam? of the committeeis being c o n ^ i i K - r f i l l.-y the Conmii i ico on A ppropr ia tions :

    I J. i~

  • 8/10/2019 Legislative Reorganization Act of 1946

    11/44

    12

    . of. Committee Purpose of Appropriation

    Committee OB Agriculture and For- For tie Department of Agrlcaltare.estry.

    Committee on Civil Service For the Post Office Department.'Coninjlttee oh AfincdiServIces-^i-^-^-^ For the Department of "War; for tlia

    Department of the Navy.Commute* on ,the District of Columbia. For the District of Columbia^Gomanff' i k i i h i i p Wm-fcg- . -- For -Rivers and Harbors.Cbar .e on Foreigu noin^f "* - - For tlie O Jpjpmatlc an'd Consular

    - Service.a(b) At least one member of each .committee enumerated iii sub-

    panigrriph (a), to be selected by -his or tlieir respective committees,9iR.Il be a member of any conference (xjmnuttee appointed to conferwith the House upon the annual' appropriat.on Bill making appropria-tions for the puiposes specified in the foregoing table opposite thename o'frhis or their respective committee.

    "'"' :ommencement ofeach Gongrtss, the follotving standing committeei.

    "1. CommitUks on Agriculture, to consist of twenty-seven Mtmhers.

    "2. Commitieu on Appropriitior o consist of forty-tlii-ee'.. Committeo on Armed Services, to consist of thirty-three

    Mumbers."4. ConuniUt.e un B an kin g cjid Currency, to consist of twenty-soven

    iiembere."5. Gotnmitteo on Post Office aud Civil Service, to consist of

    twenty-five Members."G. Committee on the District of Columbia, to consist of twcnty-

    five M embers.

    "7. Committee un Education and Labor, to consist of twenty-fivo S . Committee i,n Expunditui-es in the Executive Departments, to

    consist of twenty-five Members."9. Committeo on Foreign AJTairs, to consist of twenty-fivo Mem-

    bers."19. Comir.itieo on House Administration, to consist of twenty-five

    Members.''11. Comir'-ttco on Interstate and Foreign Commerce, to consist of

    twenty-seven Members.

    I/*

  • 8/10/2019 Legislative Reorganization Act of 1946

    12/44

    13 f r .M . L A W tn.}.

    "12. Committee on the Judjciaryj to consist of twenty-seven Mem-bers. , . " . -

    "13; Committee on Merchant Marine and Fisheries, to consist oftwenty-five Members."14. C ommittee on [Public Lands, to consist of twenty-five Bleiabers.

    "15. Committee on Public Wbrk^, to consist of twej ty-sevett Mem/:bers. . _ - . , .

    ' ; 16. Committee ohJRules, to consist of twelYejMembers."17. C ommittee oh Uri-Annricnn Activities, to consist of nine

    Members.~1S. Committee on Veterans' Affairs, to consist of twenty-seven

    Members. - ' _ . . - - ."ID. Committee on Ways and Means, to consist of twenty-fivfc

    Members. ~ - ,"(b) (1) The Speaker shall appoint all select and conference com-mittees tvhich shj.ll be ordered by the House .from time to time.

    "(2) At the commencement of each Cojgress, die Souse shall electas chairman of each standing oonurjttee one of the M embers thcicof;in the temporary absence of the cha irma n, the M ember nex t in r an kin the order nomed in the elect;.oa of the comm ittee, and so oh, as oftenas the case shall happen, shall act aa Chai rman; and in case of apermanent vacancy in the Jiairmanship of any such committee theH ouse shall elect anothe r cha irm an .

    :

    (3) A ll vacancies in standing committees in the House shall- befilled by election by the H ouse. Each M ember Jiail be -iiectcd to servoon one stand uig ommitiee andjio m ore; ezc?pt that M embers who areelected to serve on the Committee on the D istrict, of Columbia or onthe Commit tee on U n-A merican A ctivities may be eloted to serve ontw o stan din g coramitteos and no more, and Members of the majorityparty . T V ^ O ;>.re elecxtd to sei-ve on the Corrmittee or. E.Tpt-nditu^iS inthe E xecutive D epartments or on the C wuiul t tte on H ouse A dministra-tion may be elected to serve on two atanaL r i i-ommittces anj ho more."

    (b) liule XI of the Rules of the House of R epresentatives isamended to read as follows:

    ROLE XI

    w(l) A ll proposed legislation, messages, petitions, memorials, andother matters relating to the subjects listed u n de r the standing corn-mittees nam ed below sliall be referred to su-h com mittees, respectively:Provided, T hat unless otherwise provided htrein, any m atter with'in

    the jurisdiction of i\ standing committee prior to J anua ry 2, 19-17,shall remain subject to the jurisdiction of that committee or of haconsolidated comm ittee succeeding gene rally to the jurisdiction of thaicommittee.

    " (a ) Commit tee on Agr icu l tu re ."1. Agriculture generally."2. Inspection of livestock and meat products."3. A nimal indust ry and diseases of nn; .nals. M . Adul tera t ion or seeds, ii..?t'ct pests, and protection of birds and

    animals in forest reserves.

    l

  • 8/10/2019 Legislative Reorganization Act of 1946

    13/44

    14

    "5. Agricultural colleges and experiment stations."6. Forestry in general, and forest reserves other than those created

    from the public domain. -. "*"7. A gricultural'economics and research."8. Agricultural and industrial chemistry."9. Dairy industry."10. E ntom ology and plant quarantine."11. H um an nutrition andliom e economics."12. Plant industry, soils, and agricultural engineering."13. A gricultural educational extension services."14. E xtension of farm credit and f "xrm security."15. Rural electrification. ."16. A gricu ltural production and marketing and stabilization of

    prices of agricultural products."17. C rop ins urance and soil conservation."(b) Committee on Appropriations."1. Appru|;i i.itkm of the revenue for the support of the Government."(c) Committee on Armed Services."1. Common defense generally."2. The War D epar tment and the Military Establishment gen-

    erally.'3. T he Na.vy D epar tment and the Xaval Establishment generally."4. Soldiei-s' and sailors' homes.

    "5. P ay, prom otion, retirement, and other benefits ap.d^privilegesof mem bers pi the armed forces."6. Selective service."7. Size and composition of the Army and Navy."8. Forts, arsenals, military reservations, and navy yards,"9. A m m unition depots.''10. C onserva tion , development, and uso of naval petroleum and

    oil shale reserves. 'U. Strategic and critical m ater ials necessary for the common de-

    fense.

    "12. Scientific ie&c.m.h and development In support of the armedservices." (u) Commit tee o n B anking and Currency."1. B anking and currency generally.''. Fiu.uu.Kil aid to commercu and industry, other than matters

    r t l . i i ' i i i f j to M u .l i , i id Much are specifically assigned to. other com-m i t t e e . ^ : un de r this rule. __-,

    "3. D eposit insurance."4. Pub l i c and priva te housing."5. Federal R eserve S ystem."G. Gold and silver, including the coinage thereof."7. Issuance of notes and redemption thereof."S . Valuation and revaluation of the dollar,"9. Control of pricns of commodities, rents, or services."(o) Commit tee on Post O f f i c e and Civil Service."1. The Fydcral civil service generally ."2. T hu at.aua of olliccr/ and em plo j ces of the U nited States, includ-

    ing their compensation, classification, and retirement- ._ "~

  • 8/10/2019 Legislative Reorganization Act of 1946

    14/44

    15

    "3; The postal sen ice generally, including the railway mail seme*,and measures relating to ucean mail and pneumatic-tube service; butexcluding post roads.

    %. Postal-savings bants."5. Census and the collection of statistics generally."6. The N ational A rchives."(f) C omm ittee ca the D istrict of C olumbia. i. All mea sures relating *o th* municipal a f f a i r s of the D istrict

    o f Columbia in general, other than appropriations therefor,including l

    "2. P ublic health and safety , sanitationz and quara. iino regulations."3. R egulat ion of sale of intoxicating hqiiors.% Adulteration of food: and drugs. ,

    "5. Taxes and tax sales. - J"6. Insurance, executors, adm inistrators, wills, and divorce."7. M unicipal and juvenile courts. -"8. Incorporation and organization of societies."9. M unicipal code and am endments to the criminal and corporation

    laws."(g) Committee on E ducation and L abor.al. M easures relating to education or labor generally ."2. M ediation and arbitration of labor disputes."3. Wages and hours of labor."4. Convict labor and tho entry of goods made by convicts intointerstate commerce.**'5. R egulation or prevention of importat ion of foreign' laborers

    under contract."6. Child labor."7. Labor statistics."8. Labor standards."9. School:lunch program."10. Vocationa l rehab ilitation."11. U nited States E mployees' Compensation C omm ission."12. C olumbia In stitution for the D e af, D u m b, and B l ind; H owardD niversity; Freedmen's Hospital; and Saint Elizabeths Hospital."13. Welfare of m iners."(h) (I ) Committee on Expenditures in the Executive D e-

    partments."(A) Budget and accounting measures, other than appropriations."(3) Reorganization^ in the executive branch of tho Government."(2) S uch comm ittee shall have the duty of

    "(A ) receiving^and examining reports of the ComptrollerGeneral of the united States and of sub m itting such recom-mendations to the H piut, as it deems necessary or desirable in con-nection w ith the subject m atter of such D eports;

    "(B) s tudying the operation of Government activities at alllevels with a view to determining its economy and efiicier^y;

    "(C) evaluating tho effects of laws enacted to reorganize thelegislative and executive branches of the Government;-

    ''(D ) s tudy ing intergovernmental relationships between theUnited States and the States and municipalities, and between

    1G

  • 8/10/2019 Legislative Reorganization Act of 1946

    15/44

    16 :

    the U nited States and international organizations, of which .theUnited States is a membcn

    a(i). Committee oh Fbr eigfl Affairs . . ."1. Relations of the United States with foreign nations generally;"2. Establishment of boundary lines between this United States

    and foreign nations."3. Protection of American citizens abroad and expatriation."i ^N eutrality. - ""5. International conferences and congresses."6. The A merican N ational JR ed Cross."7. Intervention abroad and declarations of war."8. Measure? relating to the diplomatic service."0. A cquisition of land and buildings for embassies and legations

    in forei_rh countries."10. M easures to foster commercial intercourse with foreign nationsand to safeguard A m erican business interests abroad."11. U nited N ations O rganization and international financial and

    monetary organizations.s:12. Foreign loa^s."(]') (1) Commit tee on H ouse A dm inistrat ion." (A) Employmen t of persons by tiie H ouse, inc lud ing clerks fo r

    Members and committees, and reporters of debates.- ' '(R ) E xpenditure of the coiit.in.cent fund of the House. ^

    " (C) T he audi t ing and settling of all accounts which maj bechnvred to the contingent fund."(I>) Measures relating to accounts of the H ouse generally.

    "{F.) Appropr ia t ions from the contingent fund."(F) Afeasuicd D i n t i n g to services to the House, including the

    Hou>f Ilc.-t;ur . . i a iul .ulministralion of the House Office Buildingsand of tin4 H ouse wins: of the C apitol .

    " (G) M easures relating to the travel of M embers of the House." ( I T ) Mvaures ro'-.itijtg to tiie assignment of o f f i c e space for Mem-

    bers and comm ittees."(I) Measures relating to the disposition of useless executive

    p j x p e i - 5 .;:(J) Except as provided in paragraph, (o) 8, matters relating tothe L i b i a r y of Congress and the House Library; statuary and pic-tures; acceptance or purchase of works of art. foi the Capitol; theB o t a n i c G. i r ikru; m .inagcmcnt of the L ibrary of Congress; purchaseof ln.-ok and r...inut>i:ripts; erection of monuments to the memory ofindividuals.

    "(1C) E x c i p t as provided in paragraph (o) 8, matters relating tothe Smi th .o i . ian Inst i tut ion and the incorpor.ition of similar insti-tutions.

    "(L ) M atters re la t ing to p r in t ing and correction of the Congres-sional R ecord."(M) Measures r u n t ing; to the election of the P resident, V ice Presi-

    dent, or M embeis of-Congress.; co rru pt practices; contested elections;creduitials and qualifications: ,md Federal elections generally.

    u(2) Such com mittee shall also have tho dnt> ofU' (A) examining all bills, amendments, and joint resolution

    after passage by the H ouse; and in cooperation with tho SonatoCommitteo on Rules and Administrat ion, of examining all bills

    1

  • 8/10/2019 Legislative Reorganization Act of 1946

    16/44

    17 . L*w

    and joint resolutions which shall have parsed both Houses, to seethat they are correctly enrolled; and v \ hen signed by the Speakerof the fiouse and. the President of the Senate, shall forthw ith

    present the same, when they'Shall have, originated hi the House,to the President of the tJnited States in person and report thefact and date of such presentation to the House;

    " (B) reporting to the Sergeant at A rms of the House the travelof Members of the House;

    "(C) arranging a suitable program for each day observed bythe House of R epresentatives at a memorial day in memory ofMembers of the Senate and Hou^e of R epresentatives who havedied during the preceding period, and to arrange for the publica-tion of the proceedings thereof.

    "(k) Committee on Interstate and Foreign Commerce.""1. Interstate and foreign commerce gtnerally.|:2. R egulation of interstate and fore gn transportation, except

    transportation by water not suljjcct to the jurisdiction of the InterstateCommerce C ommission.

    "3. Regulation of interstate and foreign c< .'mmunications."4. Civil aeronautics."5. Weather bureau.''6. Interstate oil compacts; and petroleum ai.d natural gas, except

    on the public lansls."7. Securities and exchanges.US . R egulation of interstate transmission of powei. except the

    installation of. connections between Governnieiu. waur power projects."9. R ailroad labor and railroad retirement and unemployment, -

    except revenue" measures relating thereto."10. P ub 'ic hea lth and quarantine,"il. Ihhnd waterway s.^"12. B ure au of Standards, standardization u weights and measures,

    and the m etric system."(1) Committee on the Judiciary."1. Judicial proceedings, civil and criminal, generally."2. Constitutional amendments."

  • 8/10/2019 Legislative Reorganization Act of 1946

    17/44

  • 8/10/2019 Legislative Reorganization Act of 1946

    18/44

  • 8/10/2019 Legislative Reorganization Act of 1946

    19/44

    .20 _. ;

    "(r) Committee on Veterans' Affairs."L Veterans' measures generally^ - ."2. Pensions of all the wars of the United States, general and special. 3. Life insurance issued by the Government on account of servk*

    in tlie armed forces. - - . -Ki. Compensation, vocational rehabilitation, and education ofveterans. -

    "5. Veterans' hospitals, medical care, and treatmen t of veterans."6. Soldiers' and sailors' civil relief.K-7 . Readjustment of servicemen to civil life."(s) Committee on Ways and Means."1. R evenu e measures generally."2. The bonded debt of the U nited States. " ;"3. Tl ie deposit of public moneys."4. Customs, colleaipn rijslricts, and ports of entry and deliver}.Ko. R eciprocal trade aai'fx-ments.** \ i r-rt r?T^/\'f-*4 iy\r t f n\it ittl il e+r\

    :> i l a r possessions.cp]ty. " .

    "(2) (a) T he follo wing -nam ed cqmmittees shall havo leave toreport at airy t ime on ihg njalfurshercir. stated, namely: T he Commit-tee on Ruleson inks, j i j j J j f F^ 08 : nn^ order of business; the Com-niittcu on Ilou-j-e A.lu.'.r.'iitrationon the right of a M ember to his scat,enrolled bilk, on . ill i i i .- i t t e r s referred to it of printing for the u.-e o*the U L . U . - U or the t w. I I mtis. ami on all matters of expenditure of thecui.d'.iii'iii, f u i i d of ( I n1 IL n i^e : t l i i r Committee on TVays and Meanson K . , ;s rnUina r e v c i . t n j ; thi - fomm ittcc on Appropriationson theg i M i c r . i l . i p p v o p i j n t i i .n bills: the Cmnniit tcc on P ubl'ioT T crlcson billsauthoriz ing tin . n i j - K u r r M u n t of rivers and harbr ? ; the Commit teeon the Public L.uul*n.1 bil ls for the forfeiture of land grants to.-.iilro.n.1 ami other coriior.itiqns bills preventing speculation in thoj.ublic Inm ls. b i l l .- r ; ; ,,- M - .- o rv a U p n of thn. ptiblic'lands for the benefitof a l u ; i l ami lion.i i.tlc ai-ttler.i, and bilk for the admission of new

    S i J t i . - * : ihf C i - i i i i i i i i t f c un Vutunu.s A ffaireon general pension bills. ( ' b j I t shall ah \ays be in iirdcr to call up for consideration aH ' , n . t t fi in the O oinn i iaee on R ules (except it shall not be called upf in u n , M < l i T. i t ' i n on tin1 une day it i.s presented to the House, unless> v i l f t c r i u i i i u i l by a \ i . t c uf not less than two-thirds of the Member*\ < ' t i i i i r . bin t l i i . - . ] > i i i \ ' i . - > i i > n .-hall not apply during tlie last three days > i ihc M.Vmn) , . u l , {lomliii the conside ration thereof, the Speakeri n . i \ enter ta in "M n.ol'mn t ha i the T louse - idjourn; but. a f te r the result .- . u i n o u i i i - i ' i l In- . - l i : i l l not i-utt.ri.iin any othe r dih'.tor}' m otion untilthe -aid icport sliall have been f u l l y disposed of. T he Committee

    m i l \ i i l " > . s l i a l l not i \ | n in 1.113' rule or order which shall provide tintbua i i i ( . v> uiiilcr p . M M i_ 'r .u > h 7 of rule XXIV shall be set aside by a\ i t c of le?s t h a n l \ \o thirds of tlie Afcinbers present; nor shall itn p o i t any mlc or oidi r w h i c h shall operate to present, tho incticn torecommit, being mam, as provided in paragraph of rule XVI.

    (' (c, The Commit tee on R u l u . - , bhall prct int to tho Huise reportsi o n c r : i u i j rulo.-., j oint ru ca. .uul order ol busiinxss, wi thin threeh-git,].i, i\e .lay-, of thu time when ordered rej)orted by tho committee. < " f i i i i) rule i'.' o i - d u i i nut cniisidered imincdiatoly, it i>t.i.ll hu referredto l i t . i i lu iJ . i i and, if no t L . i l l c d up by the M ember mak ing the icpori

  • 8/10/2019 Legislative Reorganization Act of 1946

    20/44

    21 _ [F O B . LA* ML)

    within seven legislative days there after, any m em ber of the R ulesCommittee may call it uu as a, question of privilege and the Speakershall recognize any m em ber of the R ules C om mittee seeking recogni-tion for that purpose. If the Committee on R ules shall m ake anadverse report on any resolution pending before the committee, pro-viding for an order of "business for the consideration by the Houseof any public bill or joint resolution, on days when it shall be inorder to call up motions to discharge committees it shall be in orderfor any Member of the House to call ap for consideration by theHouse any such adverse report, and it shall be in order to move theadoption by the House of said resolution adversely reported notwith-standing tho adverse report of the Committee on Rules} and thoSpeaker shall recognize the M ember seeking recognition for that pur-pose as a question of the liighest privilege."(d) T he C om m ittee on H ouse A dministration shall make finalreport to the H ouse in all contested-election cases not later than sixmonths from the first day of the first regular session of the Congressto which the contested is elected except in a contest from the Territoryoi Alaska, in which case the tim e shall not exceed nine m onths.

    K( e ) A s tanding comm ittee of the H ouse (other tha n the C omm itteeon Appropriations) shall meet to consider any bill or resolution pen d-ing before it (A ) or. all regular meetlr.g days selected by the com-mittee; (B ) upon the call of the chairman of the committee; (C ) i fthe chairman of the comm ittee, after three days' consideration, refusesor fails, T i p o n the request of at lease three members of the comnrttee,to call a special meeting of the committee within seven calendar daysfrom the date of said re-quest, then ; upon the filing wi th the clerk ofthe committee of the wrifren and signed request or a majority- of thocommittee for a called special mooting of the committee, the com-mittee shall meet on the clay and hour specified in said wri t ten request.I t shall be the duty of the clerk of tho comm ittee to notify all m e m -bers of the committee in. rhe u < r o a l way of such culled special meet-ins:.

    < {( f ) T he r u l e * ? of the H ouse arc hereby made tho rules of its stand-ing committees so far as applicable, except that a motion to recessfrom day to day is hereby m ad e a motio n of high privilege in saidcommittees."

    U E L EO AT L 5 A N D R E S I D E N T

    S E C . 122. R ule XII of the S tand ing R ules of the H ouse of R epre-sentatives is amended to road as follows :

    "Rom XIJC

    " D E L E G AT E S A X D -R E S ID E N T cOJnassioiTER

    "1. T he D elegates from Hawaii and A h.sK a, and the R esident C om-missioner to the United- S t-ntes from IVrto Rico, shall be elected toservo as additional members on tho Coinmitteos jn Agriculture,Armed Services, and Publ ic Lands; and they shall possess in suchcommittees the same powers nnd privileges as in tho House, and maymake any motion except to reconsider."

  • 8/10/2019 Legislative Reorganization Act of 1946

    21/44

  • 8/10/2019 Legislative Reorganization Act of 1946

    22/44

    :^ -: :" : ?3

    (f) A:li hearings conducted _by standing committe.es or their subr"committees sh' ll be open .to the'public, except executive stisions formarking up bills rr for voting or wL ere the committee by a majbrity

    vote orders' aagsecutiv.e session. -": / -' :- ~ - ' \ .COMMITTEE. POWERS-- '- , ^ '

    ifigs, to sit and act at such times ahdplaces during the sessions, recesses,and adjourned periods of tthe Senate, to-require by subpena or other- _wise the attendance of such witnesses and tho production of suchcorrespondence, books, p.apers, and documents, to take such,testimonyand'to makk such expenditures (not in. excels uf $10.000 for each, com-mit'tee during any Congress) as it deems advisable. Each suchcommittee may make investigations into any matter within its juris-diction, m ay report such hearings IT S may be ha J by it, and m ay employ'stenographic assistance at a cost not exceeding 25 cents par hundredwords. T he expenses of the com m ittee shall be paid from the con-tingent fund of the Senate upon vouchers ipproved by the chairman..,-

    " (o) Every committee and subcommittee seeing the Senate and fHouse of ^R epresentatives shall report the name, profession and total. ,salary of e.ach sta if.m om ber er^ploj'ed by it, and shall make an account- ,ing of fu nd s appropriated to it and expended by it to the Secretary of (the Senate and G l e i - f c of the House of K epi^entatives, as tho case may tbe, at Itast once every si\ months, and such information shall be ipublished periodically in the Gongre=sional Directoiy ^rheixand as the same is issuel arid as Senate and H ouse docum ents, i-espectively, evei-j three months. . "" - . -

    (c) iT o stancling committee of the Senate or the House, except .dieCommittee on liales of the House, shall sit, without special, leave,while the Senate or, the House, as the case may be, is in session.

    COXKEREXCE RULES OX AMEXDMEXTS IX 'ATTrivcrOF SCBSTITOTE

    SEC. 135. (a). "In any case in which a disagreement to an amend-ment in _ tho na tu re of a substitute has been referred to conferees,it shall be in oriicv for the conferees to report a substitute on thesame subject matter; but the}' may not include in the report matternot commiuod to thorn by eithej.JIonso. T hey w ay , however, includein their report in any such cose matte r which u a germ ane modiGc-atiohof subjects in disagreement. -

    (b) In any case in which the confeixes violate subjection (a), theconference report shall be subject to a point ot order.

    L E G I S L AT I V E ovK K Sionr H Y E T A N n iN O co^r5^^TI;ES

    SEC: 136. T o assist the Congress in appraising the administrationof the laws and in developing such amendments or related legis-lation as it may doom necessary, each standing committee of thoSenate j ind tho House of R epresentative?, sliall cxurcise continuouswatchfulness of the execution by the adm inistra tive agencies concernedof any laws, the subject matter of which is within tho jurisdiction

  • 8/10/2019 Legislative Reorganization Act of 1946

    23/44

    (FOB. LAW W O .) 24 .

    of BTich committee; and, for that purpose, shall study all per^neiilreports and data submitted to the Congress by the agencies in theexecutive branch of the Government^

    DECISIONS ON Q tTKSTIONS Of COMMITTEE JTJBISDICTION

    Ssa 137. In any casein which a controversy arises as to the juris-diction of any s tanding committee of. the Senate with respect to anyproposec'. legislation, Cue question of jurisdiction shall be decidJiby tlie presiding officer of the Senate, without debate, in favor ofthat committee which has jurisdiction over the subject matter whichpredominates in such propped legislation; but such decision shall besubject to an appeal.

    BUDGET

    SEC. 138. (a) The Committee on Ways and Means and the Com-mittee on Appropriations of the House .of Representatives^ and thethe Com m ittee on F inance and the. Com mittee on App ropriations ofthe Senate, or duly authorized subcommittees thereof, are authorizedand directed to m et t jointly at the beginn ing of each regular stjssiono f Congress and after study and consultation, giving due considera-tion tc the budgLi. recommendations of the President, report to their

    respective Houses a legislative budget for the ensuing fiscal year,including the estimated over-all Federal receipts and expendituresfor such year. S uch report shall contain \ recommendation for themaximum amount to be appropriated for expenditure in such yearwhich oh.*11 include such an nmo'int to be r a-ved for deficiencies asmaj' be doc.-.ied necessary by such committees. If the estimatedreceipts exceed the estim ated uxpendilmea, su ch report shall containa recomnicndiitioii fur a reduction in the public debt. Such reportshall be made by February 15. '_

    (b) T ho r ep ort "shall ha accom pan ied by a concurren t resolution

    dopting such budget , a > i d fixing the max imum amount tot to bo appro-priated Ifor expundi tv ru in uch y..ir. If ihu estimated expendituresex'-^.a d ie tiotimated receipts, the concurrent resolution shell includea oc-tion substantially aa follows: "That it is the sense of the Congressthat the public debt shall be increased in an amount equal to thoamount by which the estim ated ex pe nd itu res for the en suin g f.scalyear exceed the estimated receipts, such amount being $ ,"

    H E A R I N G S AN D l iJTORTS BY AJTJJOPRIATIONS COMinTTEES

    S K O . 139. (o ) N o general app ropria tion bill shall be considered in .ell her H o u s e unle.ssfprior to tho considerat ion of such bill, printedv ' ...iiiittec hear ings and reports on such bill have been available for atL.-at three calenda r days for the M embers of the H ouso in which suchbill is to bo considered.

    (b) T he Coininit tces on Appropriat ions of the two Houses areauthorized and t l i iccti:d,.acting jo in t ly , to develop a s tandard appro-priation classiAciitiuii schi'iiulc w h i c h wil l cloaily define in conciseand un iform accounts tho subto 'n ls of appropriat io,

  • 8/10/2019 Legislative Reorganization Act of 1946

    24/44

    25

    printed hearings containing each such agency's request for appropri 1-tions shall be preceded by such a schedtde.

    (c) No general appropriation bill or amendment thereto shall bereceived or considered in either House if it contains a provision reaj)-propriatJhg- unexpended balances of appropriations; except that. this

    provision Jhall.not apply to appropriations in continuation of appro-priations for public works on widen work has commenced.

    (d) The Appropriations Committees of both Houses are authorizedand directed to make a study of ( 1) existing permanent appropriationswith a view to limiting the number of peiinaneht appropriations andto recommend to their respective Houses what permanent appropria-tions, if any., should be discontinued; and (2) the disposition of fundsresultiiig from the sale of Government property or services by alldepartments and agencies in the executive branch of the Gcvenunentwith a, view to recommending to their re-pective Houses a uniformsystem- of control with respect to such funds,

    RECORDS OF CONGRESS

    S E C . 140. (a) The Secretary of the Senate and the Clerk of theHouse of Representatives are authorized and directed, acting jointlj,to obtain at the close of each Congress all of the noncurrent recordsof the Congress and of each committee thereof and transfer * ) - \. to

    the National Archives for preservation, subject to the or ".era of theSenate or the House, respectively.(b) T he Clerk of the House of Representatives is ;iuli.oviz*d and

    directed to collect all of the noncurrent records of thu Rouse of Rep-resentatives from the First to the Seventy-sixth Congress, inclusive,and transfer such records to the National Archives for preservation,subject to the oulei-s of the Senate or the House, respectively.

    PRESERVATION' OF COMMITTEE I3EARIXGS

    S E C . 141. T he Librarian of the Library of Congress is authorizedand directed to have bound at the end of each session of Congressthe printed hearings of testimony taken by each ccmmittee of theCongress at the ^receding session.

    EFFECTIVE DATE

    S E C . 142. This title shall take effect on January 2, 1947; except thatthis section and sections 140 and 141 shall take effect on tho date orenactment of this Act.

    TITLE H MISCELLANEOUSPAOT IVSTATUTOitY P R O V I S I O N S R E L AT IN G T O C O . N G R E S S I O I . A I ,

    P E R S O N N E L

    I N C R E A S E O f C O M P E N S AT IO N rO R C E RT A I N C O N O R E s SIO N A I , O F FIC E R S

    S E C . 201. (a) Effective January 1, 1047, the annual basic compen-sation of tho elected ofliccrs of the Senate and the House of Repre-sentatives (not including ihe Presiding Ofliwers of tho two Houses)

  • 8/10/2019 Legislative Reorganization Act of 1946

    25/44

    fPum. LAW tan 26

    shall be.increased by 50 perjcentum; and the provisions of section 501of the-Federal Employees Pay Act of 1945, as amended by section 5of the Federal Employees Pay Act of 19-16, shall not be applicableto the compensation of said elected officers;(b) There" is hereby1 authorized to be appropriated annually, forthe "Office- of the Vice President" the sum of $23,130; and there isnertbv authorized to be appropriated annually for the "Office of theSpeaker' the sum of $20,025.;., :.

    (c) The Speaker, the majority leader, and the minority leader ofthe H ous;; of R epresentatives are each authorized to employ an admin-istrative assistant, who shall receive basic compensation at a rate notto exceed G. 'SjOQO a yean There is hereby authorized to be appropriatedsuch sums as may be necessary for the payment of such compensation.

    COMMITTEE STAFFS

    Sue. 202. (a) Each standing committee of the S enate and the Houseof ilcprf.sentatives (other than the Appropriations Committees) isauthorized to appoint by a majority vote of the committee not morethan four professional staff members in addition to. the. clerical staffson a perm anen t basis w ithout regard to political affiliations and solelyon the basis of fitness to perform the duties of the office; and said staffmembers shall be assigned to the ch airm an and r an kin g m inority mem -

    ber of such conimitlvu as the committee may deem advisable. Eachsuch committee is further authorized to terminate the services by amajo i ih vote of the com mittee of any such professional staff memberas it may sec fit. Professional staff incmbeir shall not engage in anywork other than com m ittee business < i n c l no other duties may beassigned to them.

    (b) Subject to appropriations which it shall be in order to includein app ropriat ion bi l ls , the Committee on Appropriations of eachlion?- Is authorize to appoint such staff, in addition to the clerktlu-u jf and assistants for the minori ty, as each such committee, by a

    majority vote. J.all de termine to be necessary, such personnel, oth than U .e mii.oi . ty assistants, to possess such qualifications as thu com-n.illuca rei-peuivcly may prcsc. ilie, and the Commit tee on A ppropria-tion of Uu- T I r i i s u also is authorized to conduc t studies and examina-t ions of t i n : . guni/.ation and operation of any executive agency( inc luding ani agency the majority of the slock of which is owned byt i n . G i A e n i m J n t of Ihu U n it ed Slates) as it may deem necessary toa.- .- l .>t it in connection \ \ i t h the determinat ion of n. liters wi thin itsjiu i .MlM iun .iiul in accuid.inct: wi th procedures nuthoi izrd by the com-niiiti t1 by ;i m. i joi iu vote, inc luding the rights and powers conferred

    by H ouse K i w i u t ion N u.nbcrcd 50, ad opte d Ja nu ary 9,1945.(c) Tilt clerical s t a f f of each s t and ing comm ittee, which shall beappointed by ;i majority vote of the committee, shall consist of notmore than six clerks, to be attached to the o f f i c e of the chnirmun, tothe r ank ing min ori ty member, and to the professional slr.ff. as thecommittee uu\ tUi-m adv i t . ib le ; and the position of committee jani toris hereby abolished. T he clerical s t a f f shal l handle com mit tee corre-spondence ar,d stenographic work, both fur the committee staff andfor the c in:n:i.in and ranking m inor i ty mci.ibcr on.m ailers related tocoinitiitleis A vorlc

  • 8/10/2019 Legislative Reorganization Act of 1946

    26/44

    27 (PVB. Lf V 6UL1

    committee hearings, records, data, charts, apd files shallbe kept separate ahd-distinct from the congressional o f f i c e records ofthe Member serving as chairman of the corrmittee; and such recordsshall be the property of the Congress _and all members of the com-mittee and the respective Houses shall have access to such records.Each committee is authorized to have printed and bound such testi-mony and other data presented at hearings held by the committee.

    (e) The professional staff members of the standing cpmm ittee3;shaIlreceive annual^com pensatioU ; to be fized by the chairman, rangingi

    'from-$5;000'to^Sj60[ahd the clerical s taff ihalLfeceive annual coin- jpensation ranging from $2.000 to 000^ /Vwi/cH/v ?? VK*-4 '

    (f) No committee shall appoint to its staff any experts or otherpersonnel detailed or assigned from any department or agency of theGovernment, except -with the written oermission of the Committeeoh R ules and Administration of the S enate or the Committee on House

    * ? /appointment tc any once or position in the sxecutive branch of thel \ ]Government for a period of one jear after he shall have ce-M^ci to be\such a member. '

    (h) .N otwithstanding the foregoing provisions (1) The comm ittee employees of the existing Committee on Ap-

    propriations of the Senate and of the existing Committee on Ap-propriations of the H ouse of E epretentativ*^ thall be continued on therolls of the respective appropriations uomrnittees establioimu under

    " title I of this Act during the fiscal year 1947, unless sooner removedfor. cause. " i

    ' (2) C omm ittee employees of all other ex isting stand ing committees.of each House shall be continued on the puj rolli of the Senate andHouse of R epresentatives, respectively, through Jan ua ry 31, 1947,urless sooner removed for cause by the Secretary of the Senate or theClerk of the H ouse, as the rase may bo.

    (3) The appropriations for the compensation of committee em-ployees of standing committees of the benate arid of the House ofR epresentatives contained in fho L egislative "much A ppropr ia tionAct, 19-17, shall be available for the compensa'jon of employees speci-fied in paragraph (2) uf this subsection and of employ ues of the stand-ing committees of the Senate und House of R e p r c a i ' j i k i t > v e & suceedingto the jurisdiction of the standing ci.mmitt ' .es specliiuil in such A p-propriation A ct,; and in any case in vcLadi the legislative jurisdictionof any existing standing committee is tn\nsferrcd to two 01- idorestanding comm ittees und er title I of this A > : t. the Committee on R ules

    and Adminis t ra t ion of the Senate with respect to siar.din

  • 8/10/2019 Legislative Reorganization Act of 1946

    27/44

    (TUB. LAW Wi.] 28

    known as tho Legislative Reference Service. I t shall be fh f> ^uty oithe Legislative Reference Ser_v5ce-^-

    _ _ (I) upon request, to advise and assist any committee of either

    House pr any joint committee m the analysis appraisal, andevaluation of legislative proposals pendingbefpre it,.of of recom-mendations submitted to. Congress, oy the President or any execu-tive agency, and otherwise to assist in furnishing a basis for theproper determination of measures before the committee;

    (2) upon Kquest, or upon its own initiative in anticipation ofrequests, to gather, classify, analyze, and make available, intranslations, indexes, digests, compilations and bulletins, andotherwise, data for a bearing upon legislation, and to, render such,data serviceable to Congress, and committees and Members thereof,

    Without partisan bias in selection or presentation;(3) .to prepare summaries and digests of public hearings beforecommittees of the Congress, and of bills and resolutions of a publicgeneral nature introduced in either House.

    (b) (1) A director and assistant director of the Legislative Refer-ence; Service and all other necessary personnel, shall be appointed bytho Librarian of Congress without regard to the civil-service laws andwithout reference to political affiliations, solely on the ground of fitnessto perform the Ju t i% of their office. T he compensation of all employeesshall be fixed in accordance with the provisions of the ChissincationAct of 19?3, as amended : Provided, That the grade of senior specialistsin euJi field enum erated in paragraph (2) of this subsection shall notbe kss than tho higlictt grade in the executive branch of the- Govern-ment to which rtefarth analysts and consultants w ithout supepviauryresponsibility are current ly assigned. A ll employees of the LegislativeReference Service shall be subject to the provisions of the civil-serviceretirement laws.

    (J) TI.e Librarian of Congres. 0 ; further authorized to appoint inthe Legislative R eference Scr enior specialists u. the followingLio. id f ie lds: A gricul ture ; Amen .m government and public adminis-tu i t ion ; .Amer ican public law; conservation; edu cat ion; engineering.ii.d p'ibiic works, full employment; housing; industrial organizationan J C orporation f.i.ance: international affairs; international trade andt^oiiomic geography j labor; mineral economics; money and banking;price economics; social wftlfare; taxation and fiscal policy; transpor-tation , x n d _ com m unications; and veterans' affairs. Such specialists,together with such other members of the staff as may be necessary,slull L i- available for special work with tho appropriate committeesof Congress for any of the purposes set out in section 203 (a) (I).

    (c) There is hereby authorized to bo appropriated for the work o ftho Legislative R eference S ervice the following sums: (1) For thefiscal year ending J u n o 30, 1947, $550,000; (2) for the fiscal yearending Juno 30,10 IS , $650,000; (3) for the fiscal year ending Juno 30,1&19, $750,000; an J (-1) for each focal year thereafter juch sums as maybo necessary to cany on the work, of tho Service.

    OFFICE O F THTJ U E O I S kAT T V E COUNSEL

    3 . 201 Thorwork

    SEO. 201 Thoro is hereby authorized to bo appropriated for theof the O flico of tho Legislative Counsel tho following sums:

  • 8/10/2019 Legislative Reorganization Act of 1946

    28/44

    D - 2 9

    For the fiscal year ending June 30,1947, $l f50,000;For the fiscal year ending June 30, 1918, $266,000;For the fiscal year eliding June 30,1949, $250.066;For the fiscal year ending June 30,1950, $250,0,00;:and(5) For each fiscal year thereafter such sums as may be i

    (@ ?$Hy ^ e work of the\0ffice.

    STUDIES BY COitFTBOLLER GEKEKAI,

    S E C . 205.. The Comptroller General is authorized and directed toniake a full and complete study of restrictions placed in general appro-priation Acts limiting the expenditure of specified appropriationstherein, w ith a view to determining thecost to the Gov ernment incident

    itp complying wih such restrictions, and to report to the Congress hisestimate of the cost of complying with such restrictions and suchotiier recom mendations with respect th rcto as he deems necessary orcfesirable;

    EXPENDITURE ANALYSES BY COMPTROLLER GEN ERAL ^_.

    S E C . 2G6. T he Comptroller General is authorized and directed tomake an exp end iture analysis of each agency in thu executive branch ofthe Government (including Governm ent corpora tions), ..hidi, in theopinion of the C omptroller General, will enable C ongress to determinewhether p ublic funds have been economically and efficiently adm inisrtererl and expended. R eports 0:1 such analyses shall be submittedby the C omptroller G eneral, from time to time, to the Committees onjCxpenditures in the E xecutive D epartments , io the AppropriationsC omm ittees, and to the legislative committees ha ving jur.sdi.ction overlegislation relating to the ope rations of the respective agencies, of the W O Houses.

    CORRECTION OF S H L I TA RY AX D JTAVAL RECORDS

    S E C . 807, The Secretary of War- the Secretary of the Navy, and ^the Secretai'y of the Trensury with respect to the Coast G uard, respec-tively, under procedures sot lip by t l > f n, and a cting through boards ofcivilian o f f i c e r s or- employees of their respective departments, arauthorized to correct ijny military or naval record uhere irt their,judgment such action is necessary to cor: oct .in _errov or to renwciniui-ticc. . ^ f 0 11 1 . < ?i pj_ iff/7

    PA RT 2STATCTO RT P R O V T S IT O T S ilEivn>ro TO CO MMITTEES O F CO JJOR ESS

    I M P R O V E M E N T OJ CONORR SSIONAT, RECORD

    S E C . 221. T he Joint Committee on Printing is authorized anddirected to provide for printing in the D aily R ecord the legislativeprogram for the day , together with a list of congressional com m itteemeetings and hearing, and the plnco of meeting and subject matter;and to cau'jo a brief resumfi of congressional activities for the previousday to ho incorporated in the K ecord, together with ah index of itscontents. S uch data shall bo prepared under tho supervision of theSecretary of the Senate and tho C lerk of the H ouse of R epresentatives,respectively.

    3 0

  • 8/10/2019 Legislative Reorganization Act of 1946

    29/44

    IPnm. LA w OM. J x 30

    JOINT COMMITTEE

    Sep. 5 2 2 2 . Section 1 6f the Act entitled '-'\xi Act Providing for the

    public printing and binding and the distribution of public documents ,approved January 12j 1895 (28 Stak 601), is amended ttf read asfoBbws : That there shall be a joint Committee on Printing, consisting;of the chairman and two members of the Committee oh Rules anaAdministration of the Senate and the chairman and two members ofthe :Cfcmmittee on House Administration of the House of Represen-fiitives, who sha}i have the powers hereinafter stated. .

    JOINT COMMITTEE ON THE LIBRARY

    ; SE C. 223. The Joint Committee of Congress on the Library shallhereafter consist of the chairman and four members of the Cbmmitteaon Rules and Administration of the Senate and the chairman andfour members of the C ommittee on House Administration of the Houseof Representatives.

    TRANSFER OF FUNCTIONS

    SEC. 224. The functions, powers, and duties imposed by statute,resolution, or rule of either House of Congress on the effective dateof this section on a standing committee of the Senate or the House

    of R epresentatives (or the thairmah thereof) are, insofar as theyare consistent with this Act, hereby transferred to that standingcommittee created by this Act (o; the chairman thereof) to which "3transferred the legislative jurisdiction over the subject matter towhich such functions, powers, an d duties relate; except that the chair-man of the Commit tee on Civil Service of the Senate and the chair-man of the Committee on Post O f f i c e and Civil Service of the Housecreat - 1 by this A ct shall be members of the National Archives Council.

    JOINT COMMITTEE ON THE ECONOMIC REPORT

    SEO. 225. Section 5 (b) (3) (relating to the time for filing thereport of the Joint Committee on the E conomic R eport) 01 theby striking out "May 1" "id

    ECONOMIC REPORT OF THE PRESIDENT

    SEO. 226. Section 3 (a) (relating to the time for filing the economicreLuri of the president) of the Employment ict of 1946 is amendedby striking out "within GO days af ter the beginning of each regular

    session" and inserting in lieu thereof ."at the beginning of each regular

    [Employment Act of 194GJs amendedinserting in lieu thereof ['February 1"

    PART 3 P R O V IS IO N S R E L AT IN G TO C A P IT O L AND PAGES

    R E M O D K U N O O F C A U C U S R O O M S A N D R E S T A U R A N T S

    SEC. 241. T he Architect of the Capitol is authorized and directedto prepare plans and submit them to Congress at the earliest prac-ticable date for the remodeling (a) of the caucus room s in the Seiutoarid House O f fi c e Buildings to provide improved acoustics and seating

  • 8/10/2019 Legislative Reorganization Act of 1946

    30/44

    31 (Pro. L A W toil

    facilities and for the presentation of motion picture or other .visualdisplays on matters of national .interest; and (b) of the Senateana House Restaurants to provide for more convenient dining

    facilities.

    ASSIGNMENT OF C&CTpI, SEACB

    SEC. 242. T he President pro tempore of tho S enate and the Speakerof the House of R oprercntatives shall cause a survey to be made ofavailable space within the Capitol which could be utilized far jointcommittee meetings, meetings of conference coaimittees, and othermeetings, requiring the attendance of both Senators uJid Munbers ofthe House of R epresentatives; and shall recommend the reassign-ment of such space to accommodate such meetings.

    ^ SENATE AND EOT7SE FACES

    Szc. 243. (a) The Secretary of the S enate and the C lerk of the-House of R epresentatives, acting jointly, are authorized and directedto enter into an arrangem ent w ith the B oard of Education of the Dis-trict of Columbia for the education of C ongressional pages and pagesof the S uprem e C ourt in the public school system of the D istrict. S ucharrangement shall include provision, for reimbursement to the Districtof C olum bia for any add itional expenses incurred by the public schoolsystem of the District in carrying out such arrangement.

    (b) There are hereby authorized to be appropriated such sums asmay he necessary to reimburse the District of C olumbia in accordancewith the arrangem ent referred to in subsection (a ) .

    (c) N otwithstanding the provisions of sul.-.ections (a) and (b) ofthis section, said page or pages may elect to attend a private orpareohial school of their own choice: Provided, how^vtr. That suchprivate or parocl^al school shall ba reimbursed by the Senate ar.dHouse of R epresentatives only in the sam am ount as would be paid iithe page or pages were attending ,i pub lic school u nder the provisionsof paragraphs (a) and (b) of this section.

    AUTHORIZATION OF APTKOPRIATJONS AND PERSONNEL

    SEO. 244. A ll necessary fund s required to c.

  • 8/10/2019 Legislative Reorganization Act of 1946

    31/44

  • 8/10/2019 Legislative Reorganization Act of 1946

    32/44

  • 8/10/2019 Legislative Reorganization Act of 1946

    33/44

  • 8/10/2019 Legislative Reorganization Act of 1946

    34/44

  • 8/10/2019 Legislative Reorganization Act of 1946

    35/44

  • 8/10/2019 Legislative Reorganization Act of 1946

    36/44

    37 PUB. L A W an.}

    shall not SB liable for interest prior i*> Judgment, or for punitivedamages. Costs sihall be allowed in all courts to the successful claimantL Lie same extent as if the United States -were a private litigant,

    except that Sjich costs shall not include attorneys' -fees. ^V,- (b) The judgment in such an action shall constitute a completa^bar to any action by the claimant, by reason , the sameiSub]"ect.inafcief, ngavnst the em'ployoe of vho Government whose act tor omissiongave rise to tha c l a im. Hfo suit shall be instituted (pursuant to- thissection upon a claim presented co tiny Federal agency pursuant tppart 2 of-tlxis true unless such Federal agency ins made f inal, disposi-tion -of 'the -claim;- Provided, That the claimant mffi?, upon filieendays' nonce~:given Ji writing^ "w ithdraw the claim jaim. considerationof the Federal agency and commence suit thereon pursuant to tbSfl

    section : Provide further. That as -to any claim so disposed irf orso withdraw ii,-no suit shall be instituted pursuant to this section -foranysum in excess of the amount oi ihe ulajm presented to tho ifwieralagency, except where tho increased amount of the ciaim is shovm tobe based upon newly riscovered evidence not reasonably .eoscover-able at the tr.me of presenuitio;n oi the claim to .the FederaJ agencyor upon evidence of Latervejojsig iaatg, .ciarng to the araormt ofthe ciaini. iDisr.osition of yny "claim made pursuant to part 2 ofthis title hall iiot be ^ompeient evidence of lia'nilifcv or- amount ofdanr.ges in, procceriings or. suclx claim pursuant, tc tlus section,

    SEC. 411. In actions under tiiis part, th? fonns of procossr writs,pleadings, and motions ar su the pra.)ticft and procedure, shall be inaccordance with the rules proijuJ^uted by tLe Supreme Coiirt pursuant

    3TVEEW

    SEC. 4=12. (a; Fir.al judgments in the district rourts :-n cases underthis part shall bo subject to rayiov oy appeal

    (1) in the circim coura oi .ippeals in the same m n n n e r and tothe same extent ;is other judgments of the district courts; or

    (2) in the Cour, of C l a i m s of the Uxiito,( States-: Prpvided,That the notice of . ippeai nloa in the district conrt wider niie 73of the Rules of ^'vil Proceayre shall have a/lixed thereto tho

    . written consent o;i behalf 04' ail the appellees tnat the appeal be-taken to the Court oi Claims of U\ ,& United States. Such appealsto die Conrt or' Claims of the United Staiv'-s shall bo taken within 'three months after the entry of the judgment of the district court,and shu'l be governed by the rules relating to appeals from adistrict court to A circuit court of appea's-.clopted by tho SupremoCo-rt pursunnt to the Act of June'lO, 193'i (48 Stat. 106-*-).. 'Cnsuch appeal? the Court of Claims of the Unit- id States shall ht*vo

    - the same powers and duties as thoso conf erred, ju a circuit coui'fc ofappeals fn respect to appeals under section i of tho Art ofFebruary 13, 1025 (-13 Slat. 93D) .

    (b) Sections 230 and 2-10 of the Judicial Cod?, as amended, shall

  • 8/10/2019 Legislative Reorganization Act of 1946

    37/44

    (PVB..LJLW tO L] . . 38. -

    apply tt ' ^Jists under this part in the circuit courts of appeals and inthe C ourt of Claim's of the U nited S t iiU j to the same extent as to,casesin a circuit court of appeals therein referred to.

    SEO. il? Trith a view to doing substantial justice, the AttorneyGeneral is authorized to arbitrate, compromise, or settlo any claimcognizable under this .part, after the '"-Mution of any suit thereon,with the approval of tho court in which such suit is pending.

    PART 4 P R O V I S I O N S CO JIMON T O PA irr-2 A N D PART 3 _ _ _

    ONE-TEAR STATUTE OF LIMITATIONS

    SEC. 420. Every claim against the Uni ted States cognizablb underthis title shall be forever barred, unless \\ i thin one 3 ear after such claimaccrued or within one year after the date of enactment of this Act,wK lchever is later, it is presented in writing to the Federal agency outof whoso activities it arises, if such claim is for a sura not exceeding$1,000; or unless wU liiu one year after such claim accrued or withinone ye.-, after tho date o enactment of th" i Act, whichever is later,an action is begun pursuan t to part 3 of this title. In the event thata claihv-for a sum not exceeding $1,000 is presented to a Fedei.il agencyas aforesaid, th o tiniu to institute a suit pursuant to part 3 of this titleshall bo extended for i, period of six months froij. the date of m ail ingof notice to the claim .m t by such Federal agency as to tho final dispo-sition of the claim or from the date of wi thdrawal of the claim fromr dh Federal agency pur su an t to section -110 of this title, if it wouldotherwise expire before tho end of such period.

    E X C E P T I O N S

    Snc. 421. T ho provisions of this title shall not apply to(.1) A ny claim based upon nn act or omission of an employee of tho

    Government , e < crc iJng due care, in tho execution of a statute or regu-la t ion, \ \holher or not sudib U itute or n.-ulatiim be v: i l id,or b.ised uponthe ext r. iso or performance or the failure to exercise or perform adis>avi..)ii. ry function or duty on the part of a Federal agency or anemployee of i.. i. Governm ent, whether or not tho discretion involvedbo abused.

    , ( b ) _ A n y claim rising out of the loss, miscar. jc, or negligenttransmission of letters or postal m atte r-

    (c) Any claim arising in rcspoct of^thc assessment or collection ofni... tax or cu-ton.s duty , or the detention of any goods or merchandise

    %}' ; n y ollicer of cu& toms yr excise or an\ other ]. i\v-cn forcement ofiiccr.(d) A i.v claim for which a remedy is prov idcd by the A ct of March0,:OJO (U 'S . C . , t i ( l c -16,si.cs.7-il-7r.2, inclusive), or the A ct- of March8, .19:25 (U. S. C. , t i t le 16, sees. 781-700, inclusive), relating to claimsor suits in adm iralty against the U nited S tales .

    (o) Any claim avisuij, out of on act or omitsion of any employee oftho Government in ad in in ib lcnng the provisions of the Trading wi ththo E nemy A ct, as amended.

    (f) A ny claim for damages cnu^cil by the 'imposition or establish-ment of a quarant ine by the U n i te d States.

  • 8/10/2019 Legislative Reorganization Act of 1946

    38/44

    39. (PUB. iiw in j

    (g) Any claim arising from injury to vessels, or to the cargo, cror passengers of -vessel's* S vhile passing through the luc'ks ol the PanamaCaiiaLor while in Canal Zone waters.

    (h) Any claiin arising out o'l assault, battery, false imprisonment,false arrest, malicious prosecution, abuse of procesSj libel, slander,misrepresentation, deceit} or interference with contract rights.

    (5) A ny claim for damages caused by the fiscal operations of th&Treasury or by the regulation of the monetary system.

    (j) Any claim arising out of the combatant activities of die mil-itary or naval forces, or the Cpast&uard, during time of war.

    (K ) Any claim arising in a foreign country.(1) Any claim arising from the activities of the Tennessee Valley

    Authority. ' , - FEES ;

    SEO. 422. T he court rendering a Judgment for the plaintiff pursuantto pa rt 3 of this title, or tiie heaJ of the Federal agency or his designeomaking an award j;ursuant to part 2 of this tide, or the AttorneyGeneral making, disposition pursuant to section 413 of this title,as the case ir.iy be, may, as a part of the judgm ent, award? or settle-ment, determine and. allow reasonable attorney 's fees, w hich, if therecovci-y is $300 or more, shall not exceed 10 per centum of the j iountrecovered under pa rt 2, or 20 per centum of the am ou nt recoveredunder part 3. to be paid out of out not in addition to the. amoun t ofjudgm ent, aw ard, or settlem ent recovered, to the attorney s represent-ing tho claimant A ny attorney who charges, demands, receives, orcoT'oots for services rendered ir, connection with such claim any amountin excess of that al lowed ur.ier this sectL.., if recovery be bad, thallbe guilty of a misdemear.ov. and diall, upon conviction thereof, besubject to a fine of not more than $2,000 or imprisonment for notmore than one year, or both.

    EXCtOSl' K>rESS OK REJfED Y

    ^ . 423. From a n d after the dato o f enactment o f this Act, (heauthority of iny Federal agency to sue and be sued in its o > v n nameshall not be construed to autho rize suits ag ainst bitch Federal agency^n claims whidi are cognizable under part 3 of U 'Js title, and . thei-omedies provided by this title in such ^oses shall ba exclusive.

    CERTATN STATUTES t

    SEC. 42-1. (a) A ll provisions of law authorizing any Federal agonoyto consider, ascertain, adjus t, or deter .nine cluims on account of dam-age to or loss of property, or on account of personal injury or death,caused by the negligent or wrongful act or omission of .i:y unployooof tho Government while acting w ithin the scope of his uilke or cuploy-montj arc hereby replied in respect of claims cogrjl/.nblu under part 2of this title and accruing on and after J a n u a r y 1, 19

  • 8/10/2019 Legislative Reorganization Act of 1946

    39/44

    4- - - , ''" ** '- -

    Public Lfl^NumbereS 267, Sixty-sixth-Congress, approved June 6,l^O^il'OlatlO^jlJ.S.C.jtjtlcSa.scc.SSa). ...

    Public L aw Numbered 481; S eveaity-fohrth Congress, approvedMarch ,i936 :(49Sfet.llSr;a.S.C. )titie.31 Jsec.224b). ' .--

    Public L aw Numbered 112, as amended; Seven v-eighth Congress,approved July 3,1913 (57 Slot 372; U- S. C., title 31, sees. 223K223c,ahd223d), , . = - _ . .

    Public L aw J< umbered, 182, as amended, Sixty-fifth Congress,approved July 1 1918 (40 Slat 705; U. S. G, title 34, sec. 600).

    Section -i of Public L aw Cumbered 18, Sixty-seventh CongresSjapproved June 16, 1921 (42 Stnt 63)i as amended, by Public LawNumbered 456, S feventy-lhird Congress, approved June 22, 1934(4S Stat 1207; U. S. C.. title 31, sec. 2246).

    (b ) N othing contained' herein shall be deemed to repeal any pro ;

    vision of law authorizing any Federal agency to consider, ascertain,adjust, settle, determine, or pay any claim on account of damage to orloss of property or on account of personal injury or death, in cases inwhich such damage, loss, injury , or death was not caused br anynegli-gent or wrongful act or omission of an employee of the Governmentwhite aiding wiO iiirthe scope of his o f f i c e or employ ment, or any otherclaim not cdgnizabfe undcr-pa rt2:of this tjfJe.

    TITLE V--GEJfERAL BRIDGE ACT

    S H O K T TITI.ESEC- l ;01. This title may be cited as f l i c "General Bridge Act of

    194G".CONSENT OF CONGRESS

    SEO. S02. (a) Tlie consent of Congress is hereby granted for theconstruction, maintenance, and operation of bridges and approacliesthereto over tho jia'-'irable waters of the Uni ted States, in accordancewith the provisions of this title.

    (b) T ' IO lorntion and plans for such bridges shall be approved bythe C hief of Engineers and the S ecretary .of W ar before constructionis commenced, and, in approv ing the loca tion and plans of any bridge,they nia1 '"inpose any specific con;litioi rela ting to the ir/funtenjuiccand op" -ion of the structure which tlwy mjiy deem 'ae^ssary in theinton-il of public navigation, and the conditions so imposed shallhave the force of law.

    (c) N ot-withstanding the provisions of subsections (a) and (b),it shall be un lawful to construct or commence tho construction of anyprivaloly owned highway toll bridge unt i l the location and plansthereof shal l also have been subm itted to and approved by tho highwaydepar tment or dc-partmcnts of the Slate or Stales in which the bridgeand its approaches are situated; and \vlwve such bridge shall D Cbetween two or more Slates and the highway departments thereof shall be un ab le to agree up on the location and plan s therefor, or ifthey, o r c i ther of M inn , shal l f a i l or refuse u> act upon the location andplans subm itted, such location and phiiis (he n shall b e subm itted to thoPubl ic Roads Adminis t ra t ion ami , if approve by the Public RoadsAdministration, approval by the highway ili-]j.trlinents shall not bi>required;

  • 8/10/2019 Legislative Reorganization Act of 1946

    40/44

    41

    -' -TOIXS ^ :

    SEC. 503. If tolls shall be charged for the transit over any.jnter-etate bridge of engines, cars, street cars, wagons, carriages, vehiclee,animals; foot passengers, or other passengers, such tolls shall be rea-pnable and just, and the Secretary of War may, at any tune, and fromtime to time, prescribe the reasonable rates of toll for such transit overeach bridge, and the rates so prescribed shall be the legal rates andfihajl be tfie fates demanded and received for such, transit.

    ACQUISITION BT PUBLIC AGENCIES

    SEC. 50t A fter 'the completion of any interstate toll bridge con-structed by an individual, hrm, or corporation, as determined by tieSecretary of "War., either of the States in which the bridge is .ocated,

    or any public agency or political subdivision of either of suca States,within or adjoining which any part of such bridge is located, or anytwo or more of them jointly, may at any time acquire and toko overall right, title, arid interest iu such bridge and its approaches, andany interest iu real property for public purposes by C ondemnation orexpropriation. Ii at any time after the expiration of five years afterthe completion of such bridge the same is acquired by condemnationor expropriation, the auouut of damages or compensation to beallowed snail not include good will, going value, or prospective rev-enues of profits, but shall be limited to the sum of (1) the ;;ctui>l cost

    of constructing su' h bridge and its approaches, less a reasonable deduc-tion for actuaJ depreciation in value: (2} the actual co

  • 8/10/2019 Legislative Reorganization Act of 1946

    41/44

    IPUB.ZAT 60L] 42

    ( i b

    SINKING FUND

    S E C . 506; If tolls are charged for the use of an interstate bridgeconstructed or taken over or acquired by a State or States or by any

    municipali ty or other political subdivision of public agency thereof,under the provisions of this title, the fates of toll shallbe so adjustedas to provide a fund sufficient to pay for .the reasonable cost ofmaintaining, repairing and opciating the bridge and its approachesunder economical management, ami to provide a sinking fund sufficientto amortize the amount paid therefor, including reasonable interestand financing cost, as soor. as possible under reasonable charges, butwithin a period of not to exceed twei.ty years from the date of con-tructing or acquiring the same. After a sinking fund sufficient for

    sik.li amortization s