Reading Room Document

Whether section 3(a) of Reorganization Plan No. 1 of 1969 is in harmony with section 5(a)(4) of the Reorganization Act of 1949, 63 Stat. 205, 5 U.S.C. § 905(a)(4)

This memorandum discusses the legality of section 3(a) of Reorganization Plan No\. 1 of 1969, which transfers the authority to choose the Chairman of the Interstate Commerce Commission from the Commission to the President\. The document examines whether this transfer violates the prohibition against authorizing an agency to exercise a function not expressly authorized by law\. The conclusion reached is that the transfer is valid, as it is consistent with the intention of Congress and is supported by previous reorganization plans affecting other agencies\. The document presents a review of the legislative history and language of the Reorganization Act, as well as the implications of the transfer of authority from the Commission to the President\.

September 11, 1969