Page:United States Statutes at Large Volume 47 Part 1.djvu/438

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414

72d CONGRESS . SESS. I. CH. 314 . J UNE 30, 1932 . Saving provisions. I:Snue n effec etc.,

SEC. 405. (a) All orders, rules, regulations, permits, or other privi- le ges in effect. leges made, issued, or granted by or in respect of any executive agency or function transferred or consolidated with any other execu- tive agency or function urrder the provisions of this title, and in effect at the time of the transfer or consolidation, shall continue in effect to the same extent as if such transfer or consolidation had not occurred, until modified, supers eded, or repeale d . No suit abated by (b) No suit, action, or other proceeding lawfully commenced by reason of transfer of authority, etc . or again st the h ead of a ny depar tment or executiv e agency or othe r officer of the United States, in his official capacity or in relation to the discharge of his official duties, shall abate by reason of any trans- fer of a uthority , powers , and du ties fro m one off icer or executiv e agency of the Government to another under the provisions of th is title, but the court, on motion or supplemental petition filed at any time within twelve months after such transfer takes effect, showing a ne cess ity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the head of the department or execu- ti ve agency or other officer of the United States to whom the authority, powers, anti duties are transferred . Existing laws to re-

(c) All laws relating to any executive agency or function trans- main in force. ferred or consolidated with any other executive agency or function under the provisions of this title, shall, in so far as such laws are not inapplicable, remain in full force and effect, and shall be adminis- tered by the head of the executive agency to which the transfer is made or with which the consolidation is effected . Statut ory age ncies .

S TATU TORY AGE NCIE S Transfer or elimina- SEC . 406. Whenever, in carrying out the provisions of this title, the tion by President not provided. President concludes that any executive department or agency created by statute should be abolished and the functions thereof transferred to another executive department or agency or eliminated entirely the Report to Congress . authority granted in this title shall not apply, and he shall report his conclusions to Congress, with such recommendations as he may dee m proper. Disapproval of Ex-

DISAPPROVAL OF EXECUTIVE ORDER ecutiv e order . Orders to be trans- SEC . 407. Whenever the President makes an Executive order under milted to Congress the provisions of this title, such Executive order shall be transmitted during sessions . Post, p .1519 .

to the Congress while in session and shall not b ecome effective u ntil after the expiration of sixty calendar days after such transmission, Effective date .

unless Congress shall sooner approve of such Executive order or orders by concurrent resolution, in which case said order or orders Provisos,

shall become effective as of the date of the adoption of the resolution Congress of order if Pro vid ed, Th at if Co ngress s hall adj ourn bef ore the expirati on of sixty calendar days from the date of such transmission such Exec- utive order shall not become effective until after the expiration of sixty calendar days from the opening day of the next succeeding Resolution of disap- regular or special session : Provided further, That if either branch proval . of Congress within such sixty calendar days shall pass a resolution disapproving of such Executive order, or any part thereof, such Executive order shall become null and void to the extent of su ch Consolidationsofeer- disapproval : Provided further, That in order to expe dite the merg- tain activities without compliance herewith, ing o certain activities, the President is authorized and requested authorized .

to proceed, without the application of this section, with setting up consolidations of the following governmental activities : Public SAVING PROVISIONS