the amount of any one award shall not exceed $1,000 and the total of cash awards paid during any fiscal year in any department shall not exceed $25,000. Payments may be made from the appropriation for the activity primarily benefiting or may be distributed among appropriations for activities benefiting as the head of the department determines. A cash award shall be in addition to the regular compensation of the recipient and the acceptance of such cash award shall constitute an agreement that the use by the United States of the suggestion for which the award is made shall not form the basis of a further claim of any nature upon the United States by him, his heirs or assigns. (Aug. 2, 1946, ch. 744, § 14, 60 Stat. 809, amended July 26, 1947, ch. 343, Title II, § 205(a), 61 Stat. 501.)

Codification.-Last paragraph of section 14 of Act Aug. 2, 1946, cited to text, relating to repeal of conflicting laws, is set out as a note under this section.

Repeals. Last paragraph of section 14 of Act Aug. 2, 1946, cited to text, provided: "All other Acts or parts of Acts in conflict with the provisions of this section are hereby repealed."

Change of Name. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of Act July 26, 1947, cited to text.

Cross References.-Persons exempted from application of this section, see note under section 73a of this title.

Executive Order No. 9817

Jan. 2, 1947, 12 F. R. 57

REGULATIONS GOVERNING AWARDS

By virtue of and pursuant to the authority vested in me by section 14 of the act of August 2, 1946 (Public Law 600, 79th Congress) [this section], I hereby prescribe the following rules and regulations governing the payment of awards for meritorious suggestions of civilian officers and employees and for the incurring of expenses for honorary recognition of exceptional or meritorious service: Section 1. Any civilian officer or employee of a department (as the word "department'' is defined in section 18 of the said act of August 2, 1946 [section 73b-4 of this title]) who makes a suggestion, in such form and manner as his department shall require, which is adopted for use in the department on or after August 2, 1946, and, in the judgment of the department head or other duly authorized authority in the department, has resulted or will result in improvement or economy in the operations of the department by way of monetary savings, increased efficiency, conservation of property, improved employee-working conditions, better service to the public, or otherwise, shall be eligible for consideration for a cash award. A former civilian officer or employee (or his estate) shall be similarly eligible for awards for such suggestions made while in the service of the department.

Sec. 2. Whenever a suggestion is determined to be meritorious and is adopted solely or primarily because it will result or has resulted in the saving of money, the amount of the award shall be based on the amount of the annual estimated saving in the first year of operation in accordance with the following table, unless for special reasons the head of the department shall determine, subject to the limitations prescribed in the said act, that a different amount is justified: Savings Awards $1-$1,000 ... $1,000-$10,000

$10,000-$100,000

$10 for each $200 of savings with a minimum of $10 for any adopted suggestion.

.....$50 for the first $1,000 of savings, and $25 for each additional $1,000 of savings.

.$275 for the first $10,000 of savings, and $50 for each additional $10,000 of savings.

$100,000 or more.....$725 for the first $100,000 of savings and $100 for each addi

tional $100,000 of savings; provided that (with the excep tion of the War and Navy Departments) the maximum award for any one suggestion shall not exceed $1,000.

Sec. 3. When a suggestion is adopted primarily upon the basis of improvement in the operations or services of the department, the department shall determine

the amount of the award commensurate with the benefits anticipated from the suggestion. Whenever the head of a department believes that a suggestion he has adopted would benefit the Government service generally, he may report it to the Director of the Bureau of the Budget for Dissemination to all departments.

Sec. 4. At the end of each fiscal year each department shall report to the Director of the Bureau of the Budget the number of employee suggestions submitted, the number of such suggestions adopted, the total amount of cash awards, and the total amount of estimated annual savings.

Sec. 5. A department may provide for the purchase and award of appropriate certificates, medals, or other emblems, in honorary recognition of service which is determined by the head of the department to be exceptional or meritorious.

Sec. 6. No award shall be paid for any suggestion which is not adopted for use within five years from the date the suggestion is received by the department. Any department may, in its discretion, change the designated period of five years to a less period of time.

Sec. 7. No award shall be paid to any officer or employee for any suggestion which represents a part of the normal requirements of the duties of his position. Sec. 8. The total of cash awards paid during any fiscal year in any department (except the War and Navy Departments) shall not exceed $25,000. Cash awards and expenses for honorary recognition for exceptional or meritorious service may be paid from the appropriation for the activity primarily benefiting or may be distributed among appropriations for activities benefiting as the head of the department determines.

Sec. 9. A cash award shall be in addition to the regular compensation of the recipient, and the acceptance of such cash award shall constitute an agreement that the use by the United States of the suggestion for which the award is made shall not form the basis of a further claim of any nature upon the United States by him, his heirs, or assigns.

Sec. 10. This order shall be effective as of August 2, 1946, and shall be published in the Federal Register.

§§ 118d, 118d-1. Repealed. June 30, 1949, ch. 288, Title V, § 502 (a) (8), (9), 63 Stat. 400, eff. July 1, 1949.

Section 118d, Act Apr. 15, 1937, ch. 95, 50 Stat. 64, related to exchange of used equipment for new, and is now covered by chapter 4 of Title 41, Public Contracts. Section 118d-1, Acts June 26, 1943, ch. 145, Title II, § 203, 57 Stat. 195; June 27, 1944, ch. 286, Title II, 203, 58 Stat. 385; May 3, 1945, ch. 106, Title II, 204, 59 Stat. 132; Mar. 28, 1946, ch. 113, Title II, § 204, 60 Stat. 79; Aug. 2, 1946, ch. 744, § 8, 60 Stat. 808, related to exchange of used vehicles, boats, etc., and is now covered by chapter 4 of said Title 41.

§ 118g. Clothing and equipment for protection of personnel.Appropriations available for the procurement of supplies and material or equipment shall be available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. (Aug. 2, 1946, ch. 744, § 13, 60 Stat. 809.)

§ 118h. Pay of personnel employed outside continental United States or in Alaska; regulations; effective date.-Any appropriations or funds available to the executive departments, independent establishments, and wholly owned Government corporations for the payment of salaries and compensation to persons stationed outside the continental United States or in Alaska whose rates of basic compensation are fixed by statute, shall be available for the payment of additional compensation to such persons, based on living costs substantially higher than in the District of Columbia, or conditions of environment which differ substantially from conditions of environment in the States and warrant additional compensation as a recruitment incentive, or both such factors: Provided, That such additional compensation, except as otherwise specifically authorized by law, shall be paid only in accordance with regulations prescribed by the President establish

!

ing rates of such additional compensation and defining the area, groups of positions, and classes of persons to which each such rate applies: Provided further, That no additional compensation based on living costs substantially higher than in the District of Columbia shall be paid under this section to any person who is entitled to receive a cost-of-living allowance under section 1131(2) of Title 22 or section 204 of this Act: Provided further, That such additional compensation shall not exceed in any instance 25 per centum of the rate of basic compensation: Provided further, That this section shall be effective sixty days after June 30, 1948, or on such earlier date as may be specified in regulations issued by the President hereunder, and additional compensation payable under regulations and procedures in effect on June 30, 1948, may continue to be paid until the effective date of this section. (Apr. 20, 1948, ch. 219, Title II, § 207, 62 Stat. 194, amended June 30, 1948, ch. 775, § 104, 62 Stat. 1205.)

References in text.-Section 204 of this Act refers to section 204 of Act Apr. 20, 1948, ch. 219, Title II, 62 Stat. 194, the Independent Offices Appropriation Act, 1949, and it was not classified to the Code.

1948 Amendment.-Act June 30, 1948, cited to text, amended section generally to make it applicable to wholly-owned Government corporations and to add provisions relating to regulations, District of Columbia basic living costs, and effective date of section.

REORGANIZATION OF EXECUTIVE AND ADMINISTRATIVE AGENCIES

§ 133y. Declaration of objects and purposes.-(a) The President shall examine and from time to time reexamine the organization of all agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes:

(1) To facilitate orderly transition from war to peace;

(2) to reduce expenditures and promote economy, to the fullest extent consistent with the efficient operation of the Government.

(3) to increase the efficiency of the operations of the Government to the fullest extent practicable within the revenues;

(4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes: (5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and

(6) to eliminate overlapping and duplication of effort.

(b) The Congress declares that the public interest demands the carrying out of the purposes specified in subsection (a) and that such purposes may be accomplished in great measure by proceeding under the provisions of sections 133y to 133y-16 of this title, and can be accomplished more speedily thereby than by the enactment of specific legislation.

(c) It is the expectation of the Congress that the transfers, consolidations, coordinations, and abolitions under said sections shall accomplish an overall reduction of at least 25 per centum in the administrative costs of the agency or agencies affected. (Dec. 20, 1945, ch. 582, title I, § 2, 59 Stat. 613.)

(a) If no resolution of the first House with respect to such plan has been referred to committee, no other resolution with respect to the same plan may be reported or (despite the provisions of section 133y-13 (a) of this title) be made the subject of a motion to discharge. (b) If a resolution of the first House with respect to such plan has been referred to committee

(1) the procedure with respect to that or other resolutions of such House with respect to such plan which have been referred to committee shall be the same as if no resolution from the other House with respect to such plan had been received; but

(2) On any vote on final passage of a resolution of the first House with respect to such plan the resolution from the other House with respect to such plan shall be automatically substituted for the resolution of the first House. (Dec. 20, 1945, ch. 582, title II, § 207, 59 Stat. 618.)

REORGANIZATION PLAN NO. 8 OF 1946

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 16, 1946, pursuant to the provisions of the Reorganization Act of 1945, approved December 20, 1945 (sec. 133y to 133y-16 of this title).

PART V. DEPARTMENT OF AGRICULTURE

§ 501. Functions of certain agencies of the Department of Agriculture. The following functions are hereby transferred to the Secretary of Agriculture and shall be performed by him or, subject to his direction and control, by such officers and agencies of the Department of Agriculture as he shall designate:

(a) All functions of the Agricultural Adjustment Administration and the Surplus Marketing Administration and of the respective heads of such Administra tions.

(b) The administration of the programs of the Federal Crop Insurance Corporation and the Commodity Credit Corporation.

PART X. RECORD, PROPERTY, PERSONNEL AND FUNDS

§ 1001. Transfer of records, property, personnel, and funds.-There are hereby transferred to the respective agencies in which functions are vested pursuant to the provisions of this plan, to be used, employed, and expended in connection with such functions, respectively, or in connection with winding up the outstanding affairs of agencies abolished by this plan, (1) the records and property now being used or held in connection with such functions, (2) the personnel employed in connection with such functions, and (3) the unexpended balances of appropriations, allocations, or other funds available or to be made available for use in connection with such functions.

§1002. Disposition of excess personnel.-Any of the personnel transferred under this plan which the transferee agency shall find to be in excess of the personnel necessary for the administration of the functions transferred to such agency by such plan shall be retransferred under existing law to other positions in the Government or separated from the service.

1003. Dispositions by Director of the Bureau of the Budget.-Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the provisions of this part or in order to wind up the outstanding affairs relating to agencies or functions abolished by this plan shall be carried out in such manner as the Director may direct and by such agencies as he may designate.

DEPARTMENT OF AGRICULTURE

Functions of Certain Agencies of the Department of Agriculture

To enable the Department of Agriculture to meet its responsibilities for food production and distribution during the war, there was early and continuing coordination of its programs directly concerned with these phases of the food problem. Beginning with Executive Order No. 9069 of February 23, 1942 [set out as a note under section 601 of Appendix to Title 50], those programs and agencies

dealing with food production and distribution were gradually consolidated by a series of Executive orders issued under the authority of the First War Powers Act [sections 601-622 of Appendix to Title 50]. By Executive Order No. 9334 of April 19, 1943, they were all grouped into a War Food Administration, under a War Food Administrator.

When the fighting was drawing to a close and the emergency purposes of the War Food Administration had been largely accomplished, this Administration was terminated by Executive Order No. 9577 of June 29, 1945 [set out as a note under section 601 of Appendix to Title 50], and its functions and agencies were transferred back to the jurisdiction of the Secretary of Agriculture. Executive Order No. 9577 also authorized the Secretary of Agriculture to organize and administer the transferred functions and agencies in the manner which he deemed best.

Under this authority the Secretary established the Production and Marketing Administration in August 1945. Into this Administration he consolidated the functions of many of the production and marketing agencies which were transferred back from the War Food Administration. Included were the functions of the Agricultural Adjustment Administration and the Surplus Marketing Administration and the administration of the programs of the Federal Crop Insurance Corporation and the Commodity Credit Corporation.

The plan transfers these functions to the Secretary of Agriculture, in order to permit him to continue the consolidation already effected in the Production and Marketing Administration. This provision makes it possible to maintain the close coordination and integration of food-production and distribution programs, with the resulting benefits that were achieved during the war. It also provides the Secretary with the necessary flexibility to make adjustments in the coordination and administration of these programs to meet changing conditions and new problems, a flexibility which he particularly needs at this period of acute food shortages throughout the world.

REORGANIZATION PLAN No. 1 OF 1947

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 1, 1947, pursuant to the provisions of the Reorganization Act of 1945, approved December 20, 1947 [sections 133y to 1337-16 of this title.]

PART III. DEPARTMENT OF AGRICULTURE

§301. Agricultural research functions. The functions of the following agencies of the Department of Agriculture, namely, the Bureau of Animal Industry, the Bureau of Dairy Industry, the Bureau of Plant Industry, Soils, and Agricultural Engineering, the Bureau of Entomology and Plant Quarantine, the Bureau of Agricultural and Industrial Chemistry, the Bureau of Human Nutrition and Home Economics, the Office of Experiment Stations, and the Agricultural Research Center, together with the functions of the Agricultural Research Administrator, are transferred to the Secretary of Agriculture and shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of Agriculture as he may designate.

APPROVAL OF AGRICULTURAL MARKETING ORDERS

Section 8c of the Agricultural Marketing Agreements Act of 1937 provides that marketing orders of the Secretary of Agriculture must in certain cases be approved by the President before issuance. In order to relieve the President of an unnecessary burden, the responsibility for approval was delegated to the Economic Stabilization Director during the war, and was formally transferred to him by Executive Order No. 9705 of March 15, 1946. Since the Secretary of Agriculture is the principal adviser of the President in matters relating to agriculture, and since final authority has been assigned to the Secretary by law in many matters of equal or greater importance, the requirement of Presidential approval of individual marketing orders may well be discontinued. Accordingly, the plan abolishes the function of the President relative to the approval of such orders.

AGRICULTURAL RESEARCH FUNCTIONS

By Executive Order No. 9069 of February 23, 1942, six research bureaus, the Office of Experiment Stations, and the Agricultural Research Center were consolidated into an Agricultural Research Administration to be administered by an officer designated by the Secretary of Agriculture. The constituent bureaus and agencies of the Administration have, in practice, retained their separate identity. This consolidation and certain transfers of functions between the con