Page:United States Statutes at Large Volume 53 Part 2.djvu/87

 76TH CONG. , 1 ST SESS.-CH. 36-APR. 3, 1939 current resolution stating in substance that the Congress does not favor the reorganization plan. (b) If the Congress adjourns sine die before the expiration of the sixty-day period, a new sixty-day period shall begin on the opening day of the next succeeding regular or special session. A similar rule shall be applicable in the case of subsequent adjournments sine die before the expiration of sixty days. SEC. 6. No reorganization under this title shall have the effect- (a) of continuing any agency or function beyond the time when it would have terminated if the reorganization had not been made; or (b) of continuing any function beyond the time when the agency in which it was vested before the reorganization would have terminated if the reorganization had not been made; or (c) of authorizing any agency to exercise any function which is not expressly authorized by law. SEC. 7. For the purposes of this title any transfer, consolidation, abolition, designation, disposition, or winding up of affairs, referred to in section 4 (d), shall be deemed a "reorganization". SEC. 8. (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shall continue in effect to the same extent as if such transfer or consolidation had not occurred, until modified, superseded, or repealed.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 preceeding 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. SEC. 9. The appropriations or portions of appropriations unex- pended by reason of the operation of this title shall not be used for any purpose, but shall be impounded and returned to the Treasury. SEC. 10. (a) Whenever the employment of any person is ter- minated by a reduction of personnel as a result of a reorganization effected under this title, such person shall thereafter be given prefer- ence, when qualified, whenever an appointment is made in the execu- tive 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 require- ment 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. Effect of sine die ad- journment before ex- piration of period. Limitation on con- tinuing any agency or function beyond term. Exercise of any un- authorized function. "Reorganization" defined. Continuation of rules, privileges, etc. No proceeding to abate by reason of any transfer of authority, etc. Applicable laws to remain in force. Unexpended appro- priations, impounding and return to Treas- ury. Separations result- ing from personnel re- duction; preferential status. Duration. Transfers without change in classifica- tion, etc.; exception. 53 ST-AT.]

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