[54 STAT. REORGANIZATION PLANS Proviso. Use of unexpended balances. 53 Stat. 562, 563. U. S.C., Supp. V, §f 1330 (d) (3), 133h . so transferred, as the Director of the Bureau of the Budget with the approval of the President shall determine, shall be transferred to the agency concerned for use in connection with the exercise of the func- tion so transferred. In determining the amount to be transferred the Director of the Bureau of the Budget may include an amount to provide for the liquidation of obligations incurred against such appro- priations, allocations, or other funds prior to the transfer: Provided, That the use of the unexpended balances of appropriations, allocations, or other funds transferred by this section shall be subject to the provisions of section 4 (d) (3) and section 9 of the Reorganization Act of 1939. REORGANIZATION PLAN NO. V Transmitted May Prepared by the President and transmitted to the Senate and the House of 22i 140.v , Representatives in Congress assembled, May 22, 1940, pursuant to the pro- 1940; ante, p. 230 . visions of the Reorganization Act of 1939, approved April 3, 1939. 53 Stat. 561 . 6 U§133133r. 8 u IMMIGRATION AND NATURALIZATION SERVICE Transfer of Immi- SECTION 1. Transfer of Immigration and Naturalization Service. - Cgation neraiNa - The Immigration and Naturalization Service of the Department of Ante, . 1233. Labor (including the Office of the Commissioner of Immigration and Naturalization) and its functions are transferred to the Department of Justice and shall be administered under the direction and super- vision of the Attorney General. All functions and powers of the Secretary of Labor relating to the administration of the Immigration and Naturalization Service and its functions or to the administration of the immigration and naturalization laws are transferred to the Interpretation, etc., Attorney General. In the event of disagreement between the head of pertinent aws. of any department or agency and the Attorney General concerning the interpretation or application of any law pertaining to immigration, naturalization, or nationality, final determination shall be made by the Attorney General. Transfer of reords, SEC. 2. Transfer of records, property, and personnel.- All records, sonnel. property, and personnel (including office equipment) of the Immigra- tion and Naturalization Service, and all records, property, and per- sonnel of the Department of Labor used primarily in the administra- tion of functions transferred by this Plan (including officers whose chief duties relate to such administration), are transferred to the prociro. Department of Justice: Provided, That any personnel so transferred onumber required. that may be found by the Attorney General to be in excess of the personnel necessary for the administration of the functions transferred by this Plan, shall be retransferred under existing law to other posi- 3 stat. 563 . tions in the Government service, or separated from the service subject S633.a (). pp. v to the provisions of section 10 (a) of the Reorganization Act of 1939. Transfer of funds. SEC. 3 . Transfer of funds.-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 the Immigration and Naturalization Service or the Department of Labor in the exercise of functions transferred by this Plan as the Director of the Bureau of the Budget with the approval of the Presi- dent shall determine, shall be transferred to the Department of Justice for use in connection with the exercise of the functions so transferred. In determining the amount to be transferred the Director of the Bureau of the Budget may include an amount to provide for the liquidation of obligations incurred against such appropriations, allocations, u*O'i d or other funds prior to the transfer: Provided, That the use of the balsne. unexpended balances of appropriations, allocations, or other funds 3st. a2S,6. transferred by this section shall be subject to the provisions of section i33o (d) 3),13h. ' 4 (d) (3) and section 9 of the Reorganization Act of 1939. 1238
�
