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REMARKS IN DEBATE

See "Congressional Record," pp. 323-331; "Debate," pp. 384-448.

REORGANIZATION PLANS

Executive Reorganization: Chapter 9 of Title 5 of U.S.C., as Amended by Public Law 92-179

[§ 906. Effective Date and Publication of Reorganization Plans]

(a) Except as otherwise provided under subsection (c) of this section, a reorganization plan is effective at the end of the first period of 60 calendar days of continuous session of Congress after the date on which the plan is transmitted to it unless, between the date of transmittal and the end of the 60-day period, either House passes a resolution stating in substance that the House does not favor the reorganization plan.

(b) For the purpose of subsection (a) of this section

(1) continuity of session is broken only by an adjournment of Congress sine die; and

(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period.

(c) Under provisions contained in a reorganization plan, a provision of the plan may be effective at a time later than the date on which the plan otherwise is effective.

(d) A reorganization plan which is effective shall be printed (1) in the Statutes at Large in the same volume as the public laws, and (2) in the Federal Register.

[§ 910. Reference of Resolution to Committee]

A resolution with respect to a reorganization plan shall be referred to a committee (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be.

[§ 911. Discharge af Committee Considering Resolution]

(a) If the committee to which a resolution with respect to a reorganization plan has been referred has not reported it at the end of 20 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution with respect to the reorganization plan which has been

(b) A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same reorganization plan), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. 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.

(c) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same reorganization plan.

[§912. Procedure After Report or Discharge of Committee; Debate]

(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 a 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.

[§913. Decisions Without Debate on Motion To Postpone or Proceed]

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

(b) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives as the case may be to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate.

Amendment to Resolution Disapproving Out of Order:

A resolution disapproving a reorganization plan is not subject to amendment."

1See Aug. 16, 1949, 81-1, Record, p. 11521; see also House precedent, June 27, 1953, 83-1, Record, p. 7482.

Consideration of Resolution Disapproving:

A resolution disapproving a reorganization plan, which was transmitted to the Senate by the President, does not come up automatically before the Senate for consideration.* A motion to proceed to the consideration of a resolution. disapproving a reorganization bill is a privileged matter; but when a Senator has been recognized, it is not in order for another Senator, as a privileged matter, to submit a motion to take up a resolution disapproving a reorganization plan.*

Debate of Resolution To Disapprove:

See "Reorganization Plans, Debate of," p. 431.

Effective Date of Plan Changed:

In 1939, the effective dates of two reorganization plans transmitted to the Senate by the President were changed by the enactment of a joint resolution."

Reconsideration of Resolution Out of Order:

A motion to reconsider the vote on a resolution disapproving a reorganization plan is not in order."

Vote:

A majority of the membership of the House or Senate is required to adopt a resolution disapproving a reorganization plan under the 1949 law, but the vote on disapproval may be by viva voce."

The 1949 law was amended in the 1957 extension (P.L. 85-286) to provide for the disapproval of any reorganization plan by the adoption of a resolution by a simple majority of either House, stating in substance that that House does not favor the reorganization plan; the 1949 law was again amended by Public Law 92–179.

2 Mar. 12, 1952, 82-2, Record, p. 2145.

3

May 2, 1950, 81-2, Record, p. 6148; see also June 27, 1947, 80-1, Record, p. 7790.

4 May 10, 1950, 81-2, Record, p. 6792.

7

5 May 16-19, 1939, 76–1, Journal, pp. 306, 318, Record, pp. 5572, 5796.

6 See May 11, 1950, 81-2, Record, p. 6886.

May 18, 1950, 81-2, Record, p. 7235; see also House precedent, Aug. 11, 1949,

REPORTS

See also "Committees," pp. 224-265; "Original Bills Reported by," p. 247; "Polling of Committees To Approve Reports," P. 247.

Reports of committees include reported bills and resolutions accompanied by their respective written reports and special written reports not accompanying a bill or resolution but devoted to the findings or recommendations by a committee on such things as its activities during a Congress or session thereof or on studies of specific subjects, and written reports by conferees when reporting back to their respective Houses on the action taken on a said bill.

Under Rule XXVI all reports of committees, including written reports accompanying bills and the bills themselves, must lie over one day before a motion to proceed to their consideration is in order, should any Senator insist on compliance with that rule. This provision of the rule can be suspended by unanimous consent or on motion by a twothirds vote.

In addition to Rule XXVI, there is a proviso in the Legislative Reorganization Act of 1946, as amended, which requires that a measure or matter reported by any standing committee shall not be considered in the Senate "unless the report of that committee upon that measure or matter has been available" for at least three Calendar days, excluding Saturdays, Sundays, and legal holidays. This provision may be waived by joint agreement of the majority and minority leaders and it is not applicable to measures declaring war or measures relating to the declaration of a national emergency or "any executive decision, determination, or action which would become, or continue to be, effective unless disapproved or otherwise invalidated by one or both Houses of Congress."

All printed reports of the Senate are numbered ad seriatum starting with number one at the beginning of each new Congress.

Rule VII, Paragraphs 1, 2, and 3

[Procedure for Morning Business, Including the Filing of Reports]

1. After the Journal is read, the Presiding Officer shall lay before the Senate messages from the President, reports and communications from the heads of Departments, and other communications addressed to the Senate, and such bills, joint resolutions, and other messages from the House of Representatives as may remain upon his table from

any previous day's session undisposed of. The Presiding Officer shall then call for, in the following order:

The presentation of petitions and memorials.
Reports of standing and select committees.

The introduction of bills and joint resolutions.
Concurrent and other resolutions.

All of which shall be received and disposed of in such order, unless unanimous consent shall be otherwise given.

2. *** It shall not be in order to interrupt a Senator having the floor for the purpose of introducing any memorial, petition, report of a committee, resolution, or bill. It shall be the duty of the Chair to enforce this rule without any point of order hereunder being made by a Senator.

3. Until the morning business shall have been concluded, and so announced from the Chair, or until the hour of 1 o'clock has arrived, no motion to proceed to the consideration of any bill, resolution, report of a commmittee, or other subject upon the Calendar shall be entertained by the Presiding Officer, unless by unanimous consent; and if such consent be given, the motion shall not be subject to amendment, and shall be decided without debate upon the merits of the subject proposed to be taken up: Provided, however, That on Mondays the Calendar shall be called under Rule VIII, and during the morning hour no motion shall be entertained to proceed to the consideration of any bill, resolution, report of a committee, or other subject upon the Calendar except the motion to continue the consideration of a bill, resolution, report of a committee, or other subject against objection as provided in Rule VIII.

Rule XXVI, Paragraph 2

[Reports of Committees Lie Over One Day]

All reports of committees and motions to discharge a committee from the consideration of a subject, and all subjects from which a committee shall be discharged, shall lie over 1 day for consideration, unless by unanimous consent the Senate shall otherwise direct.

Rule XXIX, Paragraphs 3 and 4

[Reports Are Printed-Requirements of Cordon Rule]

Every bill and joint resolution introduced on leave or reported from a committee, and all bills and joint resolutions received from the House of Representatives, and all reports of committees, shall be printed, unless, for the dispatch of the business of the Senate, such printing may be dispensed with.

Whenever a committee reports a bill or a joint resolution repealing or amending any statute or part thereof it shall make a report thereon and shall include in such report or in an accompanying document (to

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