« ПредыдущаяПродолжить »
changes in the titles and designations and prescribe such changes in the duties of such personnel commensurate with their classification as he may deem necessary and appropriate.25
SEC. 305. (a). All laws, orders, regulations, and other Applicability actions applicable with respect to any function, activity, pela massorders, personnel, property, records, or other thing transferred and other under this Act, or with respect to any officer, department, or agency, from which such transfer is made, shall, except to the extent rescinded, modified, superseded, terminated, or made inapplicable by or under authority of law, have the same effect as if such transfer had not been made; but, after any such transfer, any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or agency from which such transfer was made shall, insofar as applicable with respect to the function, activity, personnel, property, records or other thing transferred and to the extent not inconsistent with other provisions of this Act, be deemed to have vested such function in or relate to the officer, department, or agency to which the transfer was made.
(b) No suit, action, or other proceeding lawfully com- Nonabatement menced by or against the head of any department or other proagency or other officer of the United States, in his official ceedings. capacity or in relation to the discharge of his official duties, shall abate by reason of the taking effect of any transfer or change in title under the provisions of this Act; and, in the case of any such transfer, such suit, action, or other proceeding may be maintained by or against the successor of such head or other officer under the transfer, but only if the court shall allow the same to be maintained on motion or supplemental petition filed within twelve months after such transfer takes effect, showing a necessity for the survival of such suit, action, or other proceeding to obtain settlement of the questions involved.
(c) Notwithstanding the provisions of the second Applicability paragraph of section 5 of title I of the First War Powers laws and Act, 1941, the existing organization of the War Depart- regulations. ment under the provisions of Executive Order Numbered 9082 of February 28, 1942, as modified by Executive Order Numbered 9722 of May 13, 1946, and the existing organization of the Department of the Navy under the provisions of Executive Order Numbered 9635 of September 29, 1945, including the assignment of functions to organizational units within the War and Navy Departments, may, to the extent determined by the Secretary of Defense, continue in force for two years following the
25 From section 304, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495).
the Air Force.
date of enactment of this Act except to the extent modified by the provisions of this Act or under the authority of law.26
TRANSFER OF FUNDS Sec. 306. All unexpended balances of appropriations, Department of allocations, nonappropriated funds, or other funds avail
able or hereafter made available for use by or on behalf of the Army Air Forces or officers thereof, shall be transferred to the Department of the Air Force for use in connection with the exercise of its functions. Such other unexpended balances of appropriations, allocations, nonappropriated funds, or other funds available or hereafter made available for use by the Department of War or the Department of the Army in exercise of functions transferred to the Department of the Air Force under this Act, as the Secretary of Defense shall determine, shall be transferred to the Department of the Air Force for use in connection with the exercise of its functions. Unexpended balances transferred under this section may be used for the purposes for which the appropriations, allocations, or other funds were originally made available, or for new expenditures occasioned by the enactment of this Act. The transfers herein authorized may be made with or without warrant action as may be appropriate from time to time from any appropriation covered by this section to any other such appropriation or to such new accounts established on the books of the Treasury as may be determined to be necessary to carry into effect provisions of this Act.27
AUTHORIZATION FOR APPROPRIATIONS SEC. 307. There are hereby authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this Act.28
SEC. 308. (a) As used in this Act, the term "function” includes functions, powers, and duties.
(b) As used in this Act, the term "Department of Defense" shall be deemed to include the military departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act.29
SEC. 309. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby: 30
26 From section 305, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495). 27 From section 306, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495). 28 From section 307, Public Law 253, 80th Congress, July 26, 1947 61 Stat. 495). 29 Subsection (a) from section 308 (a), Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495); subsection (b) amended by section 12 (e), Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578).
SEC. 310. (a) The first sentence of section 202 (a) and sections 1, 2, 307, 308, 309, and 310 shall take effect immediately upon the enactment of this Act.
(b) Except as provided in subsection (a), the provisions of this Act shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after the date of the enactment of this Act.31
SUCCESSION TO THE PRESIDENCY
SEC. 311. Paragraph (1) of subsection (d) of section Secretary of 1 of the Act entitled "An Act to provide for the per- Succession to formance of the duties of the office of President in case
the Presidency. of the removal, resignation, death, or inability both of the President and Vice President”, approved July 18, 1947, is amended by striking out "Secretary of War and inserting in lieu thereof “Secretary of Defense”, and by striking out “Secretary of the Navy,'
(NOTE.—The following provisions of Public Law 216, Eighty first Congress although not amendments to any particular sections of the National Security Act of 1947, are pertinent:)
The titles of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Under Secretaries and the Assistant Secretaries of the Departments of the Army, Navy, and Air Force, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, shall not be changed by virtue of this Act, and the reappointment of the officials holding such titles on the effective date of this Act shall not be required. It is hereby declared to be the intention of Congress that section 203 (a) of the National Security Act of 1947, as amended by section 6 of this Act, shall not be deemed to have created a new office of Deputy Secretary of Defense but shall be deemed to have continued in existence, under a new title, the Office of Under Secretary of Defense which was established by the Act entitled “An Act to amend the National Security Act of 1947 to provide for an Under Secretary of Defense”, approved April 2, 1949 (Public Law 36, Eighty-first Congress). The title of the official holding the Office of Under Secretary of Defense on the effective date of this Act shall be changed to Deputy Secretary of Defense and the reappointment of such official shall not be required.93
All laws, orders, regulations, and other actions relating to the National Military Establishment, the Departments of the Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act, have the same effect as if this Act had not been enacted; but, after the effective date of this Act, any such law, order, regulation, or other action which
30 From section 309, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495). 31 From section 310, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495). 32 From section 311, Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495). 33 From section 12 (f), Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578),
vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force 34
Reorganization Plan Numbered 8 of 1949, which was transmitted to the Congress by the President on July 18, 1949, pursuant to the provisions of the Reorganization Act of 1949, shall not take effect, notwithstanding the provisions of section 6 of such Reorganization Act of 1949.3
TITLE IV 36
TABLISHMENT OF UNIFORM BUDGETARY AND FISCAL
COMPTROLLER OF DEPARTMENT OF DEFENSE
SEC. 401. (a) There is hereby established in the Department of Defense the Comptroller of the Department of Defense, who shall be one of the Assistant Secretaries of Defense.
(b) The Comptroller shall advise and assist the Secretary of Defense in performing such budgetary and fiscal functions as may be required to carry out the powers conferred upon the Secretary of Defense by this Act, including but not limited to those specified in this subsection. Subject to the authority, direction, and control of the Secretary of Defense, the Comptroller shall
(1) supervise and direct the preparation of the budget estimates of the Department of Defense; and (2) establish, and supervise the execution of
(A) principles, policies, and procedures to be followed in connection with organizational and administrative matters relating to
(i) the preparation and execution of the budgets,
(ii) fiscal, cost, operating, and capital property accounting,
(iii) progress and statistical reporting,
(iv) internal audit, and (B) policies and procedures relating to the expenditure and collection of funds adminis
tered by the Department of Defense; and (3) establish uniform terminologies, classifications, and procedures in all such matters.
34 From section 12 (g), Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578). 35 From section 12 (i), Public Law 216, 81st Congress. August 10, 1949 (63 Stat. 578).
36 Title and sections thereof added by section 11, Public Law 216, 81st Congress, August 10, 1949 (63 Stat. 578). No comparable title or sections in Public Law 253, 80th Congress, July 26, 1947 (61 Stat. 495).
fiscal organization of.
MILITARY DEPARTMENT BUDGET AND FISCAL ORGANIZA-
TION-DEPARTMENTAL COMPTROLLERS Sec. 402. (a) The Secretary of each military depart- Military ment, subject to the authority, direction, and control of budget and the Secretary of Defense, shall cause budgeting, accounting, progress and statistical reporting, internal audit and administrative organization structure and managerial procedures relating thereto in the department of which he is the head to be organized and conducted in a manner consistent with the operations of the Office of the Comptroller of the Department of Defense.
(b) There is hereby established in each of the three Military military departments a Comptroller of the Army, a comptrollers. Comptroller of the Navy, or a Comptroller of the Air Establishment. Force, as appropriate in the department concerned. There shall, in each military department, also be a Dep- Deputies. uty Comptroller. Subject to the authority of the respective departmental Secretaries, the comptrollers of the Duties. military departments shall be responsible for all budgeting, accounting, progress and statistical reporting, and internal audit in their respective departments and for the administrative organization structure and managerial procedures relating thereto. The Secretaries of Appointment. the military departments may in their discretion appoint either civilian or military personnel as comptrollers of the military departments. Departmental comptrollers shall be under the direction and supervision of, and directly responsible to, either the Secretary, the Under Secretary, or an Assistant Secretary of the respective military departments: Provided, That nothing herein shall preclude the comptroller from having concurrent responsibility to a Chief of Staff or a Chief of Naval Operations, a Vice Chief of Staff or a Vice Chief of Naval Operations, or a Deputy Chief of Staff or a Deputy Chief of Naval Operations, if the Secretary of the military department concerned should so prescribe. Where the departmental comptroller is not a civilian, the Secretary of the department concerned shall appoint à civilian as Deputy Comptroller.
PERFORMANCE BUDGET Sec. 403. (a) The budget estimates of the Department Performance of Defense shall be prepared, presented, and justified, where practicable, and authorized programs shall be administered, in such form and manner as the Secretary of Defense, subject to the authority and direction of the President, may determine, so as to account for, and report, the cost of performance of readily identifiable functional programs and activities, with segregation of operating and capital programs. So far as practicable, the budget estimates and authorized programs of the mili