if the reorganization had not been made. However, if the statute, regulation, or other action has vested the functions in the agency from which it is removed under the reorganization plan, the function, insofar as it is to be exercised after the plan becomes effective, shall be deemed as vested in the agency under which the function is placed by the plan. ) (b) For the purpose of subsection (a) of this section, “regulation or other action" means a regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action. (c) A suit, action, or other proceeding lawfully commenced by or against the head of an agency or other officer of the United States, in his official capacity or in relation to the discharge of his official duties, does not abate by reason of the taking effect of a reorganization plan under this chapter. On motion or supplemental petition filed at any time within 12 months after the reorganization plan takes effect, showing a necessity for a survival of the suit, action, or other proceeding to obtain a settlement of the questions involved, the court may allow the suit, action, or other proceeding to be maintained by or against the successor of the head or officer under the reorganization effected by the plan or, if there is no successor, against such agency or officer as the President designates. (d) The appropriations or portions of appropriations unexpended by reason of the operation of this chapter may not be used for any purpose, but shall revert to the Treasury. (Pub. L. 89–554, Sept. 8, 1966, 80 Stat. 396.) $ 908. Rules of Senate and House of Representatives on reorga nization plans Sections 909–913 of this title are enacted by Congress (1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by section 909 of this title; and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 397.) 8909. Terms of resolution For the purpose of sections 908–913 of this title, "resolution" means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: "That the does not favor the reorganization plan numbered transmitted to Congress by the President on .", the first blank space therein being filled with the name of the resolving House and the 19. other blank spaces therein being appropriately filled; but does not A resolution with respect to a reorganization plan shall be referred (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 10 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 referred to the committee. (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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 397.) 8912. 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 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 398.) 8 913. 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 398.) ) PART II–THE UNITED STATES CIVIL SERVICE COMMISSION SEO. 11–Organization 1101 13—Special Authority 1301 15—Political Activity of Certain State and Local Employees. 1501 CHAPTER 11-ORGANIZATION The United States Civil Service Commission is composed of three (a) The term of office of each Civil Service Commissioner is 6 years. The term of one Commissioner ends on March 1 of each oddnumbered year. (b) A Commissioner appointed to fill a vacancy occurring before the end of the term of office of his predecessor serves for the remainder of that term. The appointment is subject to the requirements of section 1101 of this title. (c) When the term of office of a Commissioner ends, he may continue to serve until his successor is appointed and has qualified. (d) The President may remove a Commissioner. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399.) 8 1103. Chairman; Vice Chairman; Executive Director (a) The President shall from time to time designate one of the Commissioners as the presiding head of the Civil Service Commission with the title of "Chairman, United States Civil Service Commission." The Chairman is the chief executive and administrative officer of the Commission. (b) The President shall from time to time designate one of the Commissioners as Vice Chairman of the Commission. During the absence or disability of the Chairman, or when the office is vacant, |