Public Law 19.

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(/us/pl/76/18)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Act National defense, Army.Legislation repealed.[49 Stat. 1907](/us/stat/49/1907); [44 Stat. 783](/us/stat/44/783).[10 U. S. C., Supp. IV, 292b–l](/us/usc/t10/s292b–l); [10 U. S. C. § 292b](/us/usc/t10/s292b).approved June 24, 1936 (49 Stat. 1907), is hereby repealed. Section 8 of the Act of July 2, 1926 (44 Stat. 780), is hereby stricken out and the following is substituted in lieu thereof:

" “Sec. 8. The Secretary of War is hereby authorized to equip and maintain the Air Corps with not to exceed six thousand serviceable Army Air Corps.Equipment and maintenance of designated aircraft. airplanes, and such number of airships and free and captive balloons as he may determine to be necessary for training purposes together with spare parts, equipment, supplies, hangars, and installation necessary for the operation and maintenance thereof; and there is hereby Appropriations authorized.*Post*, pp. 994, 996, 1327. authorized to be appropriated for such purposes an amount not 53 Stat. 556exceeding $300,000,000, together with such annual appropriations as Replacement of obsolete, etc., aircraft.may be necessary to maintain such air force.

In order to maintain the number specified above, the Secretary of War is hereby authorized to replace obsolete or unserviceable aircraft from time to time: *Provisos*.Total to be exclusive of those awaiting salvage, etc.*Provided*, That the total number of airplanes and airships herein authorized shall be exclusive of those awaiting salvage or undergoing experiment or service tests, those authorized by the Secretary of War to be placed in museums, and those classified by the Secretary of Number necessary for National Guard, etc., included.War as obsolete: *And provided further*, That the total number of airplanes authorized in this section shall include the number necessary for the training and equipment of the National Guard and the training of the Organized Reserves as may be determined by the Secretary of War.

” " Sec. 2. Technical instruction of Army personnel at civilian institutions.*Post*, p. 995. When the facilities of the Army for instruction and training in aviation are deemed by the Secretary of War to be insufficient he may, under such regulations as he may prescribe, and without reference to any limitation contained in section 127a of the [44 Stat. 705](/us/stat/44/705).[10 U. S. C.§ 535](/us/usc/t10/s535).National Defense Act, as amended (10 U. S. C. 535), detail personnel of the Regular Army as students at any technical, professional, or other educational institution, or as students, observers, or investigators at such industrial plants or other places as shall be best suited to enable such personnel to acquire a knowledge of or experience in the specialties incident to aviation in which the training of such personnel is essential: *Provided*, That no expense shall be incurred by the United States in addition to the authorized emoluments of the *Provisos*.Limitation on expenses.personnel so detailed except for the cost of tuition at such educational institutions, and the cost of maintenance of necessary personnel who may be detailed as supervisors or inspectors and of the equipment assigned to them for their official use: *Provided further*, Payment of tuition.That the tuition for the personnel during the period of their detail may be paid from any funds which may hereafter be made available for the procurement branches.

Sec. 3. Air Corps Training Center, enrollments from accredited civilian flying schools. The Secretary of War, in his discretion and under such rules and regulations as he may prescribe, is authorized to enroll as students at the Air Corps Training Center, for the pursuit of such courses of instruction as may be prescribed therefor, such civilians, upon their own applications, as may be selected from the instructional staffs of those civilian flying schools which have been accredited by the War Department for the education, experience, and training of *Provisos*.Federal cost restriction.personnel of the Military Establishment: *Provided*, That except for the furnishing of such supplies, matériel, or equipment as may be necessary for training purposes, the training of such students shall be Hospital or medical treatment.without cost to the United States: *Provided further*, That in case of injury to or sickness of such students, hospital or medical treatment may be given in Government hospitals, but shall be without expense to the United States other than for services of Medical Department personnel and the use of hospital equipment, not including medicines Gratuity due to death, etc., of student.or supplies: *And provided further*, That the United States shall be under no obligation in respect to payment of a pension, compensation, or other gratuity to the dependents of any such student who dies of disease or injury while undergoing such training, nor to any such student in the event of personal injury sustained by him.

Sec. 4. Loan of aircraft, etc., to accredited civilian aviation schools.*Post*, p. 995. The Secretary of War is hereby authorized, in his discretion and under rules, regulations, and limitations to be prescribed by Training of Negro air pilots.him, to lend to accredited civilian aviation schools, one or more of which shall be designated by the Civil Aeronautics Authority for the training of any Negro air pilot, at which personnel of the Military Establishment are pursuing a course of education and training pursuant to detail thereto under competent orders of the War Department, 53 Stat. 557 out of aircraft, aircraft parts, aeronautical equipment and accessories for the Air Corps, on hand and belonging to the Government, such articles as may appear to be required for instruction, training, and maintenance purposes.

Sec. 5. Section 1 of the Act entitled “An Act to amend the[49 Stat. 1028](/us/stat/49/1028).[10 U. S. C., Supp. IV, § 369a](/us/usc/t10/s369a). National Defense Act”, approved August 30, 1935 (49 Stat. 1028), is hereby amended to read as follows: " “That the President is hereby authorized to order annually, withReserve officers.Annual call of designated, for active Army duty.*Post*, p. 997. their consent, upon application to and selection by the War Department, for a period of not more than one year for any one officer, for active duty with the Regular Army, such numbers of ReserveNumber, grades, etc. officers, in the grade of second lieutenant, as are necessary to maintain on active duty at all times not more than one thousand Reserve officers of the promotion-list branches other than the Air Corps, not more than three thousand Reserve officers of the Air Corps, and not more than three hundred Reserve officers of the non-promotion-list branches: *Provided*, That in the non-promotion-list branches and*Provisos*.Grades in non-promotion-list branches, etc. the Judge Advocate General’s Department, such Reserve officers may be in any grade not above captain: *Provided further*, That untilTour of active duty, extension.

July 1, 1949, the tour of active duty of Air Corps Reserve officers may, in the discretion of the Secretary of War, be extended not to exceed a total of seven years’ active service in all, and thereafter not to exceed a total of five years’ active service in all: *Provided further*, That in the non-promotion-list branches and the JudgeExtensions in non-promotion-list branches and Judge Advocate General’s Department. Advocate General’s Department, the tour of active duty may, in the discretion of the Secretary of War, be extended not to exceed a total of two years’ active service in all: *And provided further*, ThatActive duty not terminated by promotion after tour begins. nothing herein contained shall require the termination of active duty of any Reserve officer because of promotion to a higher grade after his tour of active duty begins.

The tour of any Reserve Corps officerDiscretionary authority to terminate tour. on active duty may be terminated at any time, in the discretion of the Secretary of War”: *Provided further*, That all officers, warrantDisability or death in line of duty, benefits.*Post*, pp. 1043, 1079. officers, and enlisted men of the Army of the United States, other than the officers and enlisted men of the Regular Army, if called or ordered into the active military service by the Federal Government for extended military service in excess of thirty days,, and who suffer disability or death in line of duty from disease or injury while so employed shall be deemed to have been in the active military service during such period and shall be in all respects entitled to receive the same pensions, compensation, retirement pay, and hospital benefits as are now or may hereafter be provided by law or regulation for officers and enlisted men of corresponding grades and length of service of the Regular Army.

" Sec. 6. Section 2 of the said Act is hereby amended to read as[49 Stat. 1028](/us/stat/49/1028).[10 U. S. C., Supp. IV, § 487a](/us/usc/t10/s487a). follows: " “That, for the period of ten years beginning July 1, 1939, theAnnual selection for Regular Army commissions from designated groups over 10-year period. Secretary of War is authorized to select annually, to be commissioned in the Regular Army in approximately equal annual increments, in accordance with the provisions of, and from the groups described in, section 24e of the National Defense Act, as amended, such proportion[41 Stat. 774](/us/stat/41/774). of the total number of officers as, in the judgment of the Secretary of War, will be required to bring the commissioned personnel of the Regular Army to peacetime strength, as hereinafter provided, on June 30, 1949.

” " Sec. 7. Section 24e of the National Defense Act, as amended (41 [41 Stat. 774](/us/stat/41/774).Stat. 774), is hereby amended to read as follows: " “Except as otherwise herein provided, all appointments in the RegularGroups from which Regular Army appointments to be made. Army shall be made in the grade of second lieutenant from the following groups: Group 1, from graduates of the United States 53 Stat. 558Military Academy; group 2, from warrant officers and enlisted men of the Regular Army who have had at least two years’ service; group 3, from honor graduates of the senior division of the Reserve Officers’ Training Corps; group 4, from members of the Officers’ Reserve Corps and flying cadets, who have performed active duty under the provisions of this Act, which duty may include service as a flying cadet in the Air Corps Training Center; and group 5, from reserve officers and from officers, warrant officers, and enlisted men of the National Guard, members of the Enlisted Reserve Corps, and graduates of technical institutions approved by the Secretary of War: *Provisos*.Order of appointments.*Provided*, That, after all qualified members of group 1 have been appointed, appointments from the second, third, fourth, and fifth groups shall be made in accordance with such regulations as the Secretary of War may prescribe, from persons between the ages of Number from designated groups and assignments.twenty-one and thirty years: *Provided further*, That the number to be selected from each of the second, third, fourth, and fifth groups, and the number to be assigned to each branch of the service within the limits prescribed by law from all groups shall be determined by Annual appointments from group 4, excluding flying cadets, until June 30, 1949.the Secretary of War in his discretion: *Provided further*, That until June 30, 1949, the total number of officers to be appointed annually from group 4, not including flying cadets, in the promotion list branches other than the Air Corps shall be not less than 10 per centum of the total number of Reserve officers of such branches other than the Air Corps authorized to be called annually under appropriation Maximum commissioned strength.Acts, and in no event less than fifty, and that any officers added to the Army under existing authorizations shall be within the total authorized commissioned strength of sixteen thousand seven hundred Immediate commission of 300 second lieutenants, Air Corps.and nineteen: *And provided further*, That immediately upon the effective date of this Act, the President is authorized to commission not to exceed three hundred second lieutenants in the Air Corps of the Regular Army, from among Reserve officers and flying cadets who Captains in Judge Advocate General’s Department, vacancies.have qualified for such appointment under existing laws.

Any vacancy in the grade of captain in the Judge Advocate General’s Department, not filled by transfer or detail from another branch, may, in the discretion of the President, be filled by appointment from Reserve judge advocates between the ages of thirty and thirty-six years, and such appointee shall be placed upon the promotion list Appointments in Medical, etc., Corps in grade of first lieutenant.immediately below the junior captain on said list. Appointments in the Medical, Dental, and Veterinary Corps in the grade of first lieutenant shall be made from Reserve Medical, Dental, and Veterinary officers, respectively, between the ages of twenty-three and thirty-two Medical Administrative Corps.years.

Appointments in the Medical Administrative Corps shall be made in the grade of second lieutenant from pharmacists between the ages of twenty-one and thirty-two years who are graduates of recognized schools or colleges of pharmacy requiring four years of instruction for graduation, under such regulations and after such examination Dental Corps.as the Secretary of War shall prescribe. To be eligible for appointment in the Dental Corps, a candidate must be a graduate of a recognized dental college, and have been engaged in the practice of his profession for at least two years subsequent to graduation.

Chaplains.Appointments as chaplain shall be made from persons duly accredited by some religious denomination or organization, and of good standing therein, between the ages of twenty-three and forty-five years.” " Sec. 8. Peacetime commissioned strength, Regular Army; annual increments. On and after July 1, 1939, the peacetime commissioned strength of the Regular Army to be attained by approximately equal annual increments, as hereinbefore provided, shall be sixteen thousand seven hundred and nineteen officers, including sixty-seven general Assignments.officers of the line as now authorized by law.

Commissioned officers, other than general officers, shall be assigned to the several 53 Stat. 559branches as follows: Infantry, four thousand one hundred and eighty-four; Cavalry, one thousand and thirty-four; Field Artillery, one thousand seven hundred and twenty-six; Coast Artillery Corps, one thousand three hundred and forty-one; Air Corps, three thousand two hundred and three exclusive of officers detailed from other arms and services for training and duty as aircraft observers and other members of combat crews;

Corps of Engineers, seven hundred and ninety-five; Signal Corps, three hundred and forty-one; Adjutant General’s Department, one hundred and thirty-one; Judge Advocate General’s Department, one hundred and twenty-one; Quartermaster Corps, one thousand and sixteen; Finance Department, one hundred and seventy-six; Ordnance Department, four hundred and seventeen; Chemical Warfare Service, one hundred and twenty-four; Medical Corps, one thousand four hundred and twenty-four; Dental Corps, three hundred and sixteen;

Veterinary Corps, one hundred and twenty-six; Medical Administrative Corps, sixteen; and Corps of Chaplains, one hundred and fifty-two: *Provided*, That the*Provisos*.Modifications permitted. President may increase or diminish the number of officers assigned to any branch by not more than a total of 30 per centum: *Provided further*, That nothing herein contained shall affect the number ofMilitary Academy faculty. professors, United States Military Academy, as now authorized by law, or require the separation from the service of any officer nowPresent Medical Administrative Corps officers. commissioned in the Medical Administrative Corps.

Subject to the authorized increase or decrease of 30 per centum hereinabove provided,Details in Inspector General’s Department. the number of officers detailed in the Inspector General’s Department shall be fifty-five. Sec. 9. The Act approved June 11, 1938 (ch. 337, Seventy-fifthArmy Air Corps, basic allotment of enlisted men.[52 Stat. 641](/us/stat/52/641).[10 U. S. C., Supp. IV, § 291](/us/usc/t10/s291). Congress, third session), is hereby amended by striking out the words “twenty-one thousand five hundred” in the last line thereof and inserting in lieu thereof the words “forty-five thousand”.

Sec. 10. Nothing contained in this Act shall be construed to affectReserve officers now on active duty, selection and commissioning.[49 Stat. 1028](/us/stat/49/1028).[10 U. S. C., Supp. IV, § 487a](/us/usc/t10/s487a). the operation of the Act of August 30, 1935 (49 Stat. 1028), with respect to the selection and commissioning, in accordance with the provisions of section 2 of that Act, of Reserve officers now on active duty under the provisions of that Act. Upon the effective date ofActive duty construed.[49 Stat. 1524](/us/stat/49/1524).[10 U.

S. C., Supp. IV, § 292 b–2](/us/usc/t10/s292b–2).*Post*, p. 997. this Act, Air Corps Reserve officers who are then on active duty under the provisions of section 1 of the Act of June 16, 1936 (49 Stat. 1524), shall be deemed to be on active duty under the provisions of this Act: *Provided*, That on and after the effective date of this Act no Air*Proviso*.Restriction on active-duty service. Corps Reserve officers shall be called to active duty under the provision of section 1 of the said Act of June 16, 1936.

Except as otherwise herein provided, nothing contained in this Act shall be construed to affect the number of Reserve officers that may be called to active duty under existing laws, nor the conditions and the purposes for which they may be called. Sec. 11. Section 2 of the Act of June 16, 1936 (49 Stat. 1524), is[49 Stat. 1524](/us/stat/49/1524).[10 U. S. C., Supp. IV, § 300a](/us/usc/t10/s300a). hereby amended to read as follows: " “Any Air Corps Reserve officer who has not been selected forReserve officer not selected for Regular Army commission, lump sum on termination of active duty. commission in the Regular Army shall be paid upon release from active duty following the termination of any period of active duty of three years or more in duration a lump sum of $500 which sum shall be in addition to any pay and allowances which he may otherwise be entitled to receive.

” " Sec. 12. There is hereby authorized to be appropriated not toPanama Canal Department.Appropriation authorized for construction, etc.*Post*, pp. 994, 1327. exceed $23,750,000 to be expended for the construction, rehabilitation, and installation in the Panama Canal Department of such buildings, utilities, and appurtenances thereto as may be necessary to house antiaircraft, seacoast defense, and auxiliary units most urgently needed for defense of the Panama Canal. 53 Stat. 560 Sec. 13. [52 Stat. 708](/us/stat/52/708).[50 U.

S. C., Supp. IV, § 94](/us/usc/t50/s94).Educational orders for special war munitions, etc. That section 4 of the Act approved June 16, 1938, entitled “An Act to provide for placing educational orders to familiarize private manufacturing establishments with the production of munitions of war of special or technical design, noncommercial in character”, be amended to read as follows: " “Sec. 4. Availability of funds for designated studies, etc. That funds appropriated to accomplish the purposes of this Act shall be available for expenditures incidental to the accomplishment of the procurements made thereunder, including production studies, factory plans, and other production data and the storage and maintenance of gages, dies, jigs, tools, fixtures, and other special aids Appropriation authorized; availability.*Post*, pp. 595, 993.and appliances procured thereunder.

To carry out the provisions of this Act there is authorized to be appropriated the sum of $34,500,000, which amount shall be available during the fiscal years 1939, 1940, and 1941, and there is further authorized to be appropriated the sum of $2,000,000 during each of the four fiscal years succeeding the fiscal year 1941.” " Sec. 14. Contracts for aircraft for the Army.[48 Stat. 505](/us/stat/48/505); [49 Stat. 1926](/us/stat/49/1926).[34 U. S. C. § 496; Supp. IV, § 496](/us/usc/t34/s496).

All the provisions of section 3 of the Act of March 27, 1934, as amended (48 Stat. 505; 49 Stat. 1926), and as amended by this section shall be applicable with respect to contracts for aircraft or any portion thereof for the Army to the same extent and in the same manner that such provisions are applicable with respect to contracts for aircraft, or any portion thereof for the Navy: *Provided*, *Provisos*.Authority of Secretary of War.That the Secretary of War shall exercise all functions under such section with respect to aircraft for the Army which are exercised by the Secretary of the Navy with respect to aircraft for the Navy:

Limitation on profits.*Provided further*, That section 3 b of the Act of March 27, 1934 (48 Stat. 505), as amended (49 Stat. 1926; 34 U. S. C. Supp. IV 496), is hereby further amended by inserting in the first sentence after the words “in excess of 10 per centum of the total contract prices” the words “for the construction and or manufacture of any complete naval vessel or portion thereof, and in excess of 12 per centum of the total contract prices for the construction and or manufacture of any complete aircraft or portion thereof;” by inserting in the first proviso If net loss or insufficient profit; allowance as credit during next succeeding years.after the words “That if there is a net loss on all such contracts or subcontracts” the words “for the construction and or manufacture of any complete naval vessel or portion thereof”; and by inserting at the end of the first proviso after the words “income taxable year” a comma and the words “and that if there is a net loss, or a net profit less than 12 per centum, as aforesaid on all such contracts or subcontracts for the construction and or manufacture of any complete aircraft or portion thereof completed by the particular contractor or subcontractor within any income taxable year, such net loss or deficiency in profit shall be allowed as a credit in determining the excess profit, if any, during the next succeeding four income taxable Method of ascertainment.years, and that the method of ascertaining the amount of excess profit, initially fixed upon shall be determined on or before June 30, 1939”:

Purchase of sample aircraft from competitors to whom award not made authorized.*Provided further*, That when aircraft are procured by the Secretary of War as a result of competitive bids requiring the submission of sample aircraft with bid, the Secretary is authorized, in his discretion, to purchase sample aircraft of competitors to whom an award is not made, not more than one each from not more than three such competitors, in order of merit, at prices not exceeding 75, 60, and 50 per centum, respectively, of the cost applicable in the opinion of the Secretary to the development and manufacture of such sample aircraft.

Approved, April 3, 1939. To provide for reorganizing agencies of the Government, and for other purposes. 1939-04-03 36 Chapter 53 Stat. 561 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-24 76 1 public 53 Stat. 561 [CHAPTER 36] AN ACT To provide for reorganizing agencies of the Government, and for other purposes.

April 3, 1939[[H. R. 4425](/us/bill/76/hr/4425)][[Public, No. 19](/us/pl/76/19)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That this Act may Reorganization Act of 1939.*Post*, pp. 1423, 1431.be cited as the “Reorganization Act of 1939”. TITLE I— REORGANIZATION Part I Sec. 1.

(a)The Congress hereby declares that by reason ofDeclaration by the Congress. continued national deficits beginning in 1931 it is desirable to reduce substantially Government expenditures and that such reduction may be accomplished in some measure by proceeding immediately under the provisions of this Act. The President shall investigate theInvestigation by President and determination of changes necessary to accomplish designated purposes. organization of all agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes:

(1)To reduce expenditures to the fullest extent consistent withReduction of expenditures. the efficient operation of the Government;

(2)To increase the efficiency of the operations of the GovernmentIncrease in efficiency. to the fullest extent practicable within the revenues;

(3)To group, coordinate, and consolidate agencies of the GovernmentGrouping, etc., of agencies., as nearly as may be, according to major purposes;

(4)To reduce the number of agencies by consolidating those havingReduction of number of agencies. similar functions under a single head, and to abolish such agencies as may not be necessary for the efficient conduct of the Government; and

(5)To eliminate overlapping and duplication of effort.Elimination of overlapping and duplication of effort.

(b)The Congress declares that the public interest demands the carrying out of the purposes specified in subsection

(a)and that suchPurposes declared to be in public interest. purposes may be accomplished in great measure by proceeding immediately under the provisions of this title, and can be accomplished more speedily thereby than by the enactment of specific legislation. Sec. 2. When used in this title, the term “agency” means any executive“Agency” defined. department, commission, independent establishment, corporation owned or controlled by the United States, board, bureau, division, service, office, authority, or administration, in the executive branch of the Government. Sec. 3. No reorganization plan under section 4 shall provide—Provisions prohibited in reorganization plans.

(a)For the abolition or transfer of an executive department or all the functions thereof or for the establishment of any new executiveAbolition or transfer of an executive department, etc. department;

(b)In the case of the following agencies, for the transfer, consolidation,Transfer, abolition, etc., of designated agencies. or abolition of the whole or any part of such agency or of its head, or of all or any of the functions of such agency or of its head: Civil Service Commission, Coast Guard, Engineer Corps of the United States Army, Mississippi River Commission, Federal Communications Commission, Federal Power Commission, Federal Trade Commission, General Accounting Office, Interstate Commerce Commission, National Labor Relations Board, Securities and Exchange Commission, Board of Tax Appeals, United States Employees’ Compensation Commission, United States Maritime Commission, United States Tariff Commission, Veterans’ Administration, National Mediation Board, National Railroad Adjustment Board, Railroad Retirement Board, the Federal Deposit Insurance Corporation, or the Board of Governors of the Federal Reserve System; or 53 Stat. 562 Changing name or title of head of any executive department.(c) For changing the name of any executive department or the title of its head, or for designating any agency as “Department” or its head as “Secretary”; or Continuation of agency or functions beyond authorized period.(d) For the continuation of any agency beyond the period authorized by law for the existence of such agency; or

(e)For the continuation of any function of any agency beyond the period authorized by law for the exercise of such function; or Authorization of functions not expressly authorized by law.(f) For authorizing any agency to exercise any function which is not expressly authorized by law. Sec. 4. Findings by the President. Whenever the President, after investigation, finds that—

(a)the transfer of the whole or any part of any agency or the functions thereof to the jurisdiction and control of any other agency; or

(b)the consolidation of the functions vested in any agency; or

(c)the abolition of the whole or any part of any agency which agency or part (by reason of transfers under this Act or otherwise, or by reason of termination of its functions in any manner) does not have, or upon the taking effect of the reorganizations specified in the reorganization plan will not have, any functions, is necessary to accomplish one or more of the purposes of section 1 (a), he shall— Preparation of reorganization plan by President; provisions.(d) prepare a reorganization plan for the making of the transfers, consolidations, and abolitions, as to which he has made findings and which he includes in the plan. Such plan shall also—

(1)Designation, if necessary, of name of agency, etc., affected.designate, in such cases as he deems necessary, the name of any agency affected by a reorganization and the title of its head;

(2)Transfer, etc., of records, property, and personnel.make provision for the transfer or other disposition of the records, property (including office equipment), and personnel affected by such transfer, consolidation, or abolition;

(3)Transfer of appropriations.make provision for the transfer of such unexpended balances of appropriations available for use in connection with the function or agency transferred or consolidated, as he deems necessary by reason of the transfer or consolidation for use in connection with the transferred or consolidated functions, or Restriction.for the use of the agency to which the transfer is made, but such unexpended balances so transferred shall be used only for the purposes for which such appropriation is originally made;

(4)Provision for winding up affairs of abolished agency.make provision for winding up the affairs of the agency abolished; and Transmittal of plan to Congress.(e) transmit such plan (bearing an identifying number) to the Congress, together with a declaration that, with respect to each transfer, consolidation, or abolition referred to in paragraph (a), (b), or

(c)of this section and specified in the plan, he has found that such transfer, consolidation, or abolition is necessary Delivery to both Houses on same day while in session.to accomplish one or more of the purposes of section 1 (a). The delivery to both Houses shall be on the same day and shall be made to each House while it is in session. Statement of probable reduction of expenditures.The President, in his message transmitting a reorganization plan, shall state the reduction of expenditures which it is probable will be brought about by the taking effect of the reorganizations specified in the plan. Sec. 5. Effective dates of reorganizations. *Post*, p. 813. The reorganizations specified in the plan shall take effect in accordance with the plan: After sixty-day period; exception.(a) Upon the expiration of sixty calendar days after the date on which the plan is transmitted to the Congress, but only if during such sixty-day period there has not been passed by the two Houses a concurrent53 Stat. 563 resolution stating in substance that the Congress does not favor the reorganization plan.

(b)If the Congress adjourns sine die before the expiration of theEffect of sine die adjournment before expiration of period. 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—Limitation on continuing any agency or function beyond term.

(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 whichExercise of any unauthorized function. is not expressly authorized by law. Sec. 7. For the purposes of this title any transfer, consolidation,“Reorganization” defined. 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 privilegesContinuation of rules, privileges, etc. 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 orNo proceeding to abate by reason of any transfer of authority, etc. 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, orApplicable laws to remain in force. 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 unexpendedUnexpended appropriations, impounding and return to Treasury. 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 terminatedSeparations resulting from personnel reduction; preferential status. 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 beDuration. 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 withoutTransfers without change in classification, etc.; exception. 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. 53 Stat. 564 Sec. 11. Printing of reorganization plan in Statutes at Large and Federal Register. 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. Sec. 12. Time limitation for transmittal of plans. No reorganization specified in a reorganization plan shall take effect unless the plan is transmitted to the Congress before January 21, 1941. Part 2 Sec. 21. Congressional rules for consideration of reorganization plans.Application. 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 followed 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 Modification.(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. Sec. 22. “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. Sec. 23. Reference of resolution 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. Sec. 24. Procedure for discharge of committee.

(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. Motion to discharge, privileged status, debate, etc.(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 Not subject to amendment or reconsideration.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. Restriction on renewal after motion 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 the committees be made with respect to any other resolution with respect to the same reorganization plan. Sec. 25. Procedure for consideration of resolution.

(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) 53 Stat. 565to move to proceed to the consideration of such resolution. SuchStatus of motion. 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 tenTime limitation on debate. 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. Sec. 26.

(a)All motions to postpone, made with respect to theMotions to postpone. 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 theAppeals from decisions of the Chair. 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. Sec. 27. If, prior to the passage by one House of a resolution ofProcedure when resolution received from other House. 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 plan hasIf no resolution of first House has been referred to committee. 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 hasIf resolution has been so referred. 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 substituted for the resolution of the first House. TITLE II— BUDGETARY CONTROL Sec. 201. Section 2 of the Budget and Accounting Act, 1921Budget and Accounting Act, 1921, amendment.Definitions.[42 Stat. 20](/us/stat/42/20).[31 U. S. C. § 2](/us/usc/t31/s2). (U. S. C., 1934 edition, title 31, sec. 2), is amended by inserting after the word “including” the words “any independent regulatory commission or board and”. TITLE III— ADMINISTRATIVE ASSISTANTS Sec. 301. The President is authorized to appoint not to exceed sixAdministrative assistants to the President, appointment, compensation, etc.*Post*, p. 981. administrative assistants and to fix the compensation of each at the rate of not more than $10,000 per annum. Each such administrative assistant shall perform such duties as the President may prescribe. Approved, April 3, 1939. Relating to banking, banks, and trust companies in the District of Columbia, and for other purposes. 1939-04-05 37 Chapter 53 Stat. 566 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-24 76 1 public 53 Stat. 566 [CHAPTER 37] AN ACT Relating to banking, banks, and trust companies in the District of Columbia, and for other purposes. April 5, 1939[[S. 794](/us/bill/76/s/794)][

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