Page:United States Statutes at Large Volume 53 Part 2.djvu/86

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAWS-CH. 36 -APR . 3 , 1939 Changing name or title of head of any ex- ecutive department. Continuation of agency or functions beyond authorized pe- riod. Authorization of functions not express- ly authorized by law. Findings by the President. Preparation of reor- ganization plan by President; provisions. Designation, if nec- essary, of name of agency, etc., affected. Transfer, etc. , of records, property, and personnel. Transfer of appro- priations. Restriction. Provision for wind- ing up affairs of abol- ished agency. Transmittal of plan to Congress. Delivery to both Houses on same day while in session. Statement of prob- able reduction of ex- penditures. Effective datesofre- organizations. Post, p. 813 . After sixty-day period; exception. (c) For changing the name of any executive department or the title of its head, or for designating any agency as "Department" or its head as "Secretary"; or (d) For the continuation of any agency beyond the period author- ized by law for the existence of such agency; or (e) For the continuation of any function of any agency beyond the period authorized by law for the exercise of such function; or (f) For authorizing any agency to exercise any function which is not expressly authorized by law. SEC. 4. Whenever the President, after investigation, finds that- (a) the transfer of the whole or any part of any agency or the functions thereof to the jurisdiction and control of any other agency; or b) the consolidation of the functions vested in any agency; or c) the abolition of the whole or any part of any agency which agency or part (by reason of transfers under this Act or other- wise, or by reason of termination of its functions in any man- ner) does not have, or upon the taking effect of the reorganiza- tions specified in the reorganization plan will not have, any functions, is necessary to accomplish one or more of the purposes of section 1 (a), he shall- (d) prepare a reorganization plan for the making of the transfers, consolidations, and abolitions, as to which he has made findings and which he includes in the plan. Such plan shall also- (1) designate, in such cases as he deems necessary, the name of any agency affected by a reorganization and the title of its head; (2) make provision for the transfer or other disposition of the records, property (including office equipment), and per- sonnel affected by such transfer, consolidation, or abolition; (3) make provision for the transfer of such unexpended bal- ances of appropriations available for use in connection with the function or agency transferred or consolidated, as he deems necessary by reason of the transfer or consolidation for use in connection with the transferred or consolidated functions, or for the use of the agency to which the transfer is made, but such unexpended balances so transferred shall be used only for the purposes for which such appropriation is originally made; (4) make provision for winding up the affairs of the agency abolished; and (e) transmit such plan (bearing an identifying number) to the Congress, together with a declaration that, with respect to each transfer, consolidation, or abolition referred to in paragraph (a), (b), or (c) of this section and specified in the plan, he has found that such transfer, consolidation, or abolition is necessary to accomplish one or more of the purposes of section 1 (a). The delivery to both Houses shall be on the same day and shall be made to each House while it is in session. The President, in his message transmitting a reorganization plan shall state the reduction of expenditures which it is probable wili be brought about by the taking effect of the reorganizations specified in the plan. SEC. 5. The reorganizations specified in the plan shall take effect in accordance with the plan: (a) Upon the expiration of sixty calendar days after the date on which the plan is transmitted to the Congress, but only if during such sixty-day period there has not been passed by the two Houses a con- 562 [53 STAT.