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115–17. Effect of transfer or consolidation on orders, rules, regulations, etc., pending legal proceedings and existing laws.—(a) All orders, rules, regulations, permits, or other privileges made, issued, or granted by or in respect of any agency or function transferred to, or consolidated with, any other agency or function under 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shall continue in effect to the same extent as if such transfer or consolidation had not occurred, until modified, superseded, or repealed.

(b) No suit, action, or other proceeding lawfully commenced by or against the head of any agency or other 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 transfer of authority, power, and duties from one officer or agency of the Government to another under the provisions of this title, but the court, on motion or supplemental petition filed at any time within twelve months after such transfer takes effect, showing a necessity 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 agency or other officer of the United States to whom the authority, powers, and duties are transferred.

(c) All laws relating to any agency or function transferred to, or consolidated with, any other agency or function under the provisions of this title, shall, insofar as such laws are not inapplicable, remain in full force and effect. (Apr. 3, 1939, title I, part 1, sec. 8, 53 Stat. 563; 5 U. S. C., sec. 133g.)

115–18. Appropriations, effect on.—The appropriations or portions of appropriations unexpended by reason of the operation of this title shall not be used for any purpose, but shall be impounded and returned to the Treasury. (Apr. 3, 1939, title I, part 1, sec. 9, 53 Stat. 563; 5 U. S. C., sec. 133h.)

115–19. Employees affected by reduction of personnel; preference; transfer of personnel.-(a) Whenever the employment of any person is terminated by a reduction of personnel as a result of a reorganization effected under this title, such person shall thereafter be given preference, when qualified, whenever an appointment is made in the executive branch of the Government, but such preference shall not be effective for a period longer than twelve months from the date the employment of such person is so terminated.

(b) Any transfer of personnel under this title shall be without change in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which the transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned. (Apr. 3, 1939, title I, part 1, sec. 10, 53 Stat. 563; 5 U. S. C., sec. 133i.)

115–20. Publication of reorganization plan.--If the reorganizations specified in a reorganization plan take effect, the reorganization plan shall be printed in the Statutes at Large in the same volume as the public laws, and shall be printed in the Federal Register. (Apr. 3, 1939, title I, part 1, sec. 11, 53 Stat. 564; 5 U. S. C., sec. 133j.)

115–21. Termination of power to effect reorganization plan.—No reorganization specified in a reorganization plan shall take effect unless the

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plan is transmitted to the Congress before January 21, 1941. (Apr. 3, 1939, title I, part 1, sec. 12, 53 Stat. 564; 5 U.S. C., séc. 133k.)

115-22. Rules of Senate and House of Representatives on procedure in case of resolutions on reorganization plan.-The following sections of this part are enacted by the Congress:

(a) As an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, but applicable only with respect to the procedure to be follower in such House in the case of resolutions (as defined in section 22); and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(b) With full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House. (Apr. 3, 1939, title I, part 2, sec. 21, 53 Stat. 564; 5 U. S. C., sec. 1337.)

115–23. Term "resolution" defined.—As used in this part, the term “resolution" means only a concurrent resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: "That the Congress does not favor

the reorganization plan numbered

transmitted to Congress by the President on

19--.", the blank spaces therein being appropriately filled; and does not include a concurrent resolution which specifies more than one reorganization plan. (Apr. 3, 1939, title I, part, 2, sec. 22, 53 Stat. 564; 5 U. S. C., sec. 133m.)

115–24. Reference of resolution on reorganization plan to committee. A resolution with respect to a reorganization plan shall be referred to a committee (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. (Apr. 3, 1939, title I, part 2, sec. 23, 53 Stat. 564; 5 U. S. C., sec. 133n.)

115–25. Discharge of committee considering resolution with respect to reorganization.-(a) If the committee to which has been referred a resolution with respect to a reorganization plan has not reported it before the expiration of ten calendar days after its introduction (or, in the case of a resolution received from the other House, ten calendar days after its receipt), it shall then (but not before) be in order to move either to discharge the committee from further consideration of such resolution, or to discharge the committee from further consideration of any other resolution with respect to such reorganization plan which has been referred to the committee.

(b) Such motion may be made only by a person favoring the resolution, shall be 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 to exceed one hour, to be equally divided between those favoring and those opposing the resolution. No amendment to such motion shall be in order, and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

(c) If the motion to discharge is agreed to or disagreed to, such motion may not be renewed, nor may another motion to discharge

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the committees to be made with respect to any other resolution with respect to the same reorganization plan. (Apr. 3, 1939, title I, part 2, sec. 24,53 Stat. 564; 5 Ú. S. C., sec. 1330.)

115–26. 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 shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. Such' motion shall be highly privileged and shall not be debatable. No amendment to such motion shall be in order and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

(b) Debate on the resolution shall be limited to not to exceed ten hours, which shall be equally divided between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order, and it shall not be in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. (Apr. 3, 1939, title I, part 2, sec. 25, 53 Stat. 564; 5 Ú. S. C., sec. 133p.)

115–27. Decisions on motions to postpone or to proceed to be without debate.—(a) All motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution with respect to a reorganization plan, and all motions to proceed to the consideration of other business, shall be decided without debate.

(b) All 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. (Apr. 3, 1939, title I, part 2, sec. 26, 53 Stat. 565; 5 U. S. C., sec. 133q.)

115–28. Procedure when one House, prior to passage of resolution, receives resolution from other House with respect to same plan-If, prior to the passage by one House of a resolution of that House with respect to a reorganization plan, such House receives from the other House a resolution with respect to the same plan, then

(a) If no resolution of the first House with respect to such pla has been referred to committee, no other resolution with respect to the same plan may be reported or (despite the provisions of section 24 (a) be made the subject of a motion to discharge.

(b) If a resolution of the first House with respect to such plan has been referred to committee

(1) the procedure with respect to that or other resolutions of such House with respect to such plan which have been referred to committee shall be the same as if no resolution from the other House with respect to such plan had been received; but

(2) on any vote on final passage of a resolution of the first House with respect to such plan the resolution from the other House with respect to such plan shall be automatically sub

stituted for the resolution of the first House. (Apr. 3, 1939, title I, part 2, sec. 27, 53 Stat. 565; 5 U. S. C., sec. 133r.)

115–29. Reorganization plans number I and II; effective date. That the provisions of reorganization plan numbered I, submitted to the

Congress on April 25, 1939, and the provisions of reorganization plan numbered II, submitted to the Congress on May 9, 1939, shall take effect on July 1, 1939, notwithstanding the provisions of the Reorganization Act of 1939. (June 7, 1939, sec. 1, 53 Stat. 813; 5 U. S. C., sec. 133s.)

115–30. Same; continuation of agencies beyond statutory period of termination.—Nothing in such plans or this joint resolution shall be construed as having the effect of continuing any agency or function beyond the time when it would have terminated without regard to such plans or this joint resolution or of continuing any function beyond the time when the agency in which it was vested would have terminated without regard to such plans or this joint resolution. (June 7, 1939, sec. 2, 53 Stat. 813; 5 Ū. S. C., sec. 133t.)

115–31. Reorganization plans number III and IV; effective date.—The provisions of Reorganization Plan Numbered III, submitted to the Congress on April 2, 1940, and the provisions of Reorganization Plan Numbered IV, submitted to the Congress on April 11, 1940, shall take effect on June 30, 1940, notwithstanding the provisions of the Reorganization Act of 1939. (June 4, 1940, sec. 4, 54 Stat. 231.)

REORGANIZATION PLAN NO. I

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Effective July 1, 1939, by Act of June 7, 1939, Section 1, 53 Stat. 813; 5 U. S. C., Sec. 133s.

Prepared by the President and transmitted to the Senate and the House of

Representatives in Congress assembled, April 25, 1939, pursuant to the provisions of the Reorganization Act of 1939, approved April 3, 1939.

PART 1. EXECUTIVE OFFICE OF THE PRESIDENT

SECTION 1. Bureau of the Budget.The Bureau of the Budget and all of its functions and personnel (including the Director and Assistant Director) are hereby transferred from the Treasury Department to the Executive Office of the President; and the functions of the Bureau of the Budget shall be administered by the Director thereof under the direction and supervision of the President.

SEC. 2. Central Statistical Board.The Central Statistical Board and all of its functions and personnel (including the Chairman and the members of the Board) are hereby transferred to the Bureau of the Budget in the Executive Office of the President. The Chairman of the Board shall perform such administrative duties as the Director of the Bureau of the Budget shall direct.

Sec. 3. Central Statistical Committee abolished and functions transferred.- The Central Statistical Committee is hereby abolished, and its functions are transferred to the Director of the Bureau of the Budget to be administered by him under the direction and supervision of the President. The Director of the Bureau of the Budget shall promptly wind up any outstanding affairs of the Central Statistical Committee.

SEC. 4. National Resources Planning Board.-(a) The functions of the National Resources Committee, established by Executive Order No. 7065 of June 7, 1935, and its personnel (except the members of the Committee) and all of the functions of the Federal Employment Stabilization Office in the Department of Commerce and its personnel are hereby transferred to the Executive Office of the President. The functions transferred by this section are hereby consolidated, and

they shall be administered under the direction and supervision of the President by the National Resources Planning Board (hereafter referred to as the Board), which shall be composed of five members to be appointed by the President. The President shall designate one of the members of the Board as Chairman and another as Vice Chairman. The Vice Chairman shall act as Chairman in the absence of the Chairman or in the event of a vacancy in that office. The members of the Board shall be compensated at the rate of $50 per day for time spent in attending and traveling to and from meetings, or in otherwise exercising the functions and duties of the Board, plus the actual cost of transportation: Provided, That in no case shall a member be entitled to receive compensation for more than thirty days' service in two consecutive months.

(b) The Board shall determine the rules of its own proceedings, and a majority of its members in office shall constitute a quorum for the transaction of business, but the Board may function notwithstanding vacancies.

(c) The Board may appoint necessary officers and employees and may delegate to such officers authority to perform such duties and make such expenditures as may be necessary.

Sec. 5. National Resources Committee abolished.--The National Resources Committee is hereby abolished, and its outstanding affairs shall be wound up by the National Resources Planning Board.

Sec. 6. Federal Employment Stabilization Office abolished.The Federal Employment Stabilization Office is hereby abolished, and the Secretary of Commerce shall promptly wind up its affairs.

Sec. 7. Transfer of records and property.--All records and property (including office equipment) of the several agencies transferred, or the functions of which are transferred, by this part are hereby transferred to the Executive Office of the President for use in the administration of the agencies and functions transferred by this part.

SEC. 8. Transfer of funds.-So much of the unexpended balances of appropriations, allocations, or other funds available (including those available for the fiscal year ending June 30, 1940) for the use of any agency in the exercise of any functions transferred by this part, or for the use of the head of any department or agency in the exercise of any functions so transferred, as the Director of the Bureau of the Budget shall determine, shall be transferred to the Executive Office of the President for use in connection with the exercise of functions transferred by this part. In determining the amount to be transferred the Director of the Bureau of the Budget may include an amount to provide for the liquidation of obligations incurred against such appropriations, allocations, or other funds prior to the transfer: Provided, That the use of the unexpended balances of appropriations, allocations, or other funds transferred by this section shall be subject to the provisions of section 4 (d) (3) and section 9 of the Reorganization Act of 1939.

SEC. 9. Personnel.Any personnel transferred by this part found to be in excess of the personnel necessary for the efficient administration of the functions transferred by this part shall be re-transferred under existing law to other positions in the Government service, or separated from the service subject to the provisions of section 10 (a) of the Reorganization Act of 1939.

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