54 STAT.] 76TH CONG. , 3D SESS.-PLAN NO. III-APR . 2, 1940 the Federal Surplus Commodities Corporation as an agency of the Department of Agriculture and its functions are consolidated into an agency in the Department of Agriculture to be known as the Surplus Marketing Administration. The Surplus Marketing Administration shall be headed by an Administrator, who shall be appointed by and subject to the direction and supervision of the Secretary of Agriculture. DEPARTMENT OF LABOR SEC. 6 . Offices in the Immigration and NaturalizationService Abol- ished. - The offices of Commissioner of Immigration of the several ports and the offices of District Commissioner of Immigration and Naturali- zation in the Department of Labor are abolished, and their functions shall be administered under the supervision of the Secretary of Labor by the Commissioner of Immigration and Naturalization through such District Directors of Immigration and Naturalization as the Commissioner shall designate. CIVIL AERONAUTICS AUTHORITY SEC. 7 . Functions of the Administrator Transferred.- The func- tions vested in the Civil Aeronautics Authority by the Civilian Pilot Training Act of 1939; the functions of aircraft registration and of safety regulation described in Titles V and VI of the Civil Aeronau- tics Act of 1938, except the functions of prescribing safety standards, rules, and regulations and of suspending and revoking certificates after hearing; the function provided for by Section 1101 of the Civil Aeronautics Act of 1938; and the functions of appointing such officers and employees and of authorizing such expenditures and travel as may be necessary for the performance of all functions vested in the Administrator; are transferred from the Civil Aeronautics Authority to and shal be exercised by the Administrator, who shall hereafter be known as the Administrator of Civil Aeronautics. GENERAL PROVISIONS SEC. 8. Transfer of Records, Property,andPersonnel. -Al lrecordsand property (including office equipment) of the several agencies, and all records and property used primarily in the administration of any functions, transferred or consolidated by this Plan and all the person- nel used in the administration of such agencies and functions (includ- ing officers whose chief duties relate to such administration and whose offices are not abolished) are transferred or consolidated, as the case may be, within the department or agency concerned, for use in the administration of the agencies and functions transferred or consoli- dated by this Plan: Provided, That any personnel transferred or con- solidated within any department or agency by this section found by the head of such department or agency to be in excess of the personnel necessary for the administration of the functions transferred or con- solidated shall be retransferred 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. SEC. 9. Transfer offunds. -So much of the unexpended balances of appropriations, allocations, or other funds available (including funds available for the fiscal year ending June 30, 1941) for the use of any agency in the exercise of any function transferred or consolidated by this Plan, or for the use of the head of any department or agency in the exercise of any function so transferred or consolidated, as the Director of the Bureau of the Budget with the approval of the Presi- dent shall determine, shall be transferred within the department or agency concerned for use in connection with the exercise of the func- 193470°-41-PT . -78 1233 Immigration and Naturalization Serv- ice. Abolishment of des- ignated offices. Post,p. 1238 . Functions of the Administrator trans- ferred. 53 Stat. 855 . 49 U. S. C., Supp. V, §§ 751-757 . 52 Stat. 1005, 1007. 49 U. S. C., Supp. V, §§ 521-560 . 52 Stat. 1026 . 49 U. S. C., Supp. V, §671. Post,pp. 1235, 1236. Transfer of records, property, and per- sonnel. Proviso. Personnel in excess of number required. 53 Stat. 563. 5U.S.C., Supp.V, I 133i (a). Transfer of funds.
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