Page:United States Statutes at Large Volume 59 Part 1.djvu/633

 59 STAT.] 79TH CONG. , IST SESS.-CH. 582-DEC. 20, 1945 which the transfer is made, but such unexpended balances so transferred shall be used only for the purposes for which such appropriation was originally made; (5) shall make provision for winding up the affairs of any agency abolished. LTMITATIONS ON POWERS WITH RESPECT TO REORGANIZATIONS SEC. 5. (a) No reorganization plan shall provide for, and no reor- ganization under this Act shall have the effect of- (1) abolishing or transferring an executive department or all the functions thereof or establishing any new executive depart- ment; or (2) changing the name of any executive department or the title of its head, or designating any agency as "Department" or its head as "Secretary"; or (3) continuing any agency beyond the period authorized by law for its existence or beyond the time when it would have ter- minated if the reorganization had not been made; or (4) continuing any function beyond the period authorized by law for its exercise, or beyond the time when it would have ter- minated if the reorganization had not been made, or beyond the time when the agency in which it was vested before the reorgani- zation would have'terminated if the reorganization had not been made; or (5) authorizing any agency to exercise any function which is not expressly authorized by law at the time the plan is trans- mitted to the Congress; or (6) imposing, in connection with the exercise of any quasi- judicial or quasi-legislative function possessed by an independent agency, any greater limitation upon the exercise of independent judgment and discretion, to the full extent authorized by law, in the carrying out of such function, than existed with respect to the exercise of such function by the agency in which it was vested prior to the taking effect of such reorganization; except that this prohibition shall not prevent the abolition of any such function; or (7) increasing the term of any office beyond that provided by law for such office. (b) No reorganization plan shall provide for any reorganization affecting any agency named below in this subsection- except that this prohibition shall not apply to the transfer to such agency of the whole or any part of, or the whole or any part of the functions of, any agency not so named. No reorganization contained in any reorganization plan shall take effect if the reorganization plan is in violation of this subsection. The agencies above referred to in this subsection are as follows: Interstate Commerce Commission, Federal Trade Commission, Securities and Exchange Commission, National Mediation Board, National Railroad Adjustment Board, and Rail- road Retirement Board. (c) No reorganization plan shall provide for any reorganization affecting any civil function of the Corps of Engineers of the United States Army, or of its head, or affecting such Corps or its head with respect to any such civil function. No reorganization contained in any reorganization plan shall take effect if the reorganization plan is in violation of this subsection. (d) No reorganization plan shall provide for a reorganization affecting any agency named below in this subsection if it also provides for a reorganization which does not affect such agency; except that this prohibition shall not apply to the transfer to such agency of the 615 Restriction. Abolished agency. Limitations. Agencies exempted from reorganatlon plan. U.S. Army Corps of Engineers, civil functions. Restriction m to type of reoruniatio pia

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