Page:United States Statutes at Large Volume 47 Part 1.djvu/1542

 1518 Po wer of Presi dent. tc POWER OF PRESIDENT Consolidations, by Ea- transfers, et "S E C . 403 . Whe never the Presiden t, after investiga tion, sh all find e order . and declare that any regrouping, consolidation, transfer, or aboli- tion of any ex ecutive a gency or agencies and/or t he functi ons there of is necessary to accomplish any of the purposes set forth in section 401 of this title, he may by Executive order- "(a) Transfer the whole or any part of any executive agency and/or the functions thereof to the jurisdiction and control of any other executive agency ; " b) Consolidate the functions vested in any executive agency ; or " c) Abolish the whole or any part of any executive agency and/or the functions thereof ; and "(d) Designate and fix the name and functions of any consolidated activity or execu tive agen cy and th e title, powers, and dutie s of its executive head ; except that the President shall not have authority under this title to abolish or transfer an executive department and/or all the functions thereof . etc D.,onoludd f records, G' SEC . 404 . The President's order directing any transfer, consoli- dation, or elimination under the provisions of this title shall also make provision for the transfer or other disposition of the records, propert y (inc luding offic e equi pment), and p ersonn el, af fected by Transfer of balances . Such transfer, consolidation, or elimination . In any case of a trans- fer or consolidation under the provisions of this title, the President's order shall also make provision for the transfer of such unexpended balances of appropriations available for use in connection with the function or agenc y transfe rred or c onsolida ted, as h e deems n ecessary by reason of the transfer or consolidation, for use in connection with the tran sferred o r consoli dated fun ction or for the use of th e agency to which the transfer is made or of the agency resulting from such consolidation. Saving provisions. 72d CONGRESS. SESS. II. CH. 212. MAR CH 3, 1933. " SAVING PROVISIONS con ne s,irforce etc ., to "SEC. 405 . (a) All orders, rules, regulations, permits, or other privilege s made, i ssued, or granted by or in respect o f any exe cutive agency or function transferred or consolidated with any other executive 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 s ame exten t as if s uch trans fer or co nsolidati on had not occurred, until modified. su erseded, or repealed. no'iabate i•nate ., " (b) No suit, action, or other proceeding lawfully commenced by or against the head of any executive agency or other officer of the United States, in his official capacity or in relation to the dis- charge of his official duties, shall abate by reason of any transfer of author ity, powe r, and du ties from one offi cer- or e xecutive 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 main- tained by or against the head of the executive agency or other officer of the United States to whom the authority, powers, and duties are Applicable laws to transferred . remain fn force . (c) All laws relating to any executive agency or function trans- ferred or consolidated with any other executive agency or function under the provisio ns of thi s title, shall, in so far a s such la ws are not inapplicable, remain in full force and effect, and shall be admin- istered by the head of the executive agency to which the transfer is made or with which the consolidation is effected.