Page:United States Statutes at Large Volume 54 Part 1.djvu/985

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54 STAT.] 76TH CONG. , 3n SESS.-CH. 722-SEPT. 18, 1940 the repeal of such subsection (e), be held and considered to have been put into effect pursuant to the provisions of the Interstate Commerce Act, as amended. " TRANSFER OF EMPLOYEES, RECORDS, PROPERTY, AND APPROPRIATIONS "SEC. 321. (a) Such officers and employees of the United States Maritime Commission as the President shall determine to have been employed in the administration of the provisions of law repealed by section 320, and whose retention by the United States Maritime Commission is not necessary, in the opinion of the President, for the performance of other duties, are transferred to the Interstate Com- merce Commission upon such date or dates as the President shall specify by Executive order. Such transfer of such personnel shall be without reduction in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned. "(b) All files, reports, records, tariff schedules, property (including office furniture and equipment), contracts, agreements, documents, or papers kept or used by, made to, or filed with the United States Maritime Commission under or in the administration of any provision of law repealed by this part, are hereby transferred to the jurisdiction and control of the Interstate Commerce Commission, and may be used for such purposes as the Interstate Commerce Commission may deem necessary in the administration of this part; except that in the case of files, reports, records, tariff schedules, contracts, agreements, docu- ments, or papers, the retention of which is necessary for purposes of the administration by the United States Maritime Commission of matters within its jurisdiction, the furnishing to the Interstate Commerce Commission of copies thereof shall constitute sufficient compliance with the provisions of this subsection. "(c) All appropriations and unexpended balances of appropria- tions available for expenditure by the United States Maritime Com- mission in the administration of any provision of law repealed by this part shall be available for expenditure by the Interstate Com- merce Commission for any objects of expenditure authorized by this part, in the discretion of the Interstate Commerce Commission, with- out regard to the requirement of apportionment under the Anti- Deficiency Act of February 27, 1906. " EX ISTING ORDERS, RULES, TARIFFS, AND SO FORTH; PENDING MATTERS "SEC. 322. (a) Notwithstanding the provisions of section 320, or any other provision of this part, all orders, rules, regulations, permits, tariffs (including rates, fares, charges, classifications, rules, and regulations relating thereto), contracts, or agreements, to the extent that they were issued, authorized, approved, entered into, or filed under any provision of law repealed by this part, and are still in effect, shall continue in force and effect according to the terms thereof as though this part had not been enacted, except that the Commis- sion may modify, set aside, or rescind any such order, rule, regulation, permit, tariff, contract, or agreement to the extent that it finds the same to be in violation of any provision of this part or inconsistent with the national transportation policy declared in this Act. "(b) Any proceeding, hearing, or investigation commenced or pending before the United States Maritime Commission at the time this section takes effect, to the extent that it relates to the administra- 951 Transfer of per- sonnel. Ante, p. 960. Records, property, etc. Funds available. 34 Stat. 48. 31U.S.(. 6. Continuance of cer- tain orders, etc. Ante, p. 950. Exception. Proceedings, hear- ings, or investigations.