
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2453]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 26--NATIONAL SPACE PROGRAM
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 2453. Transfer of related functions to Administration


(a) Functions of other departments and agencies; transfer of records, 
        etc.

    Subject to the provisions of this section, the President, for a 
period of four years after July 29, 1958, may transfer to the 
Administration any functions (including powers, duties, activities, 
facilities, and parts of functions) of any other department or agency of 
the United States, or of any officer or organizational entity thereof, 
which relate primarily to the functions, powers, and duties of the 
Administration as prescribed by section 2473 of this title. In 
connection with any such transfer, the President may, under this section 
or other applicable authority, provide for appropriate transfers of 
records, property, civilian personnel, and funds.

(b) Transfers prior to January 1, 1959; report to Congress

    Whenever any such transfer is made before January 1, 1959, the 
President shall transmit to the Speaker of the House of Representatives 
and the President pro tempore of the Senate a full and complete report 
concerning the nature and effect of such transfer.

(c) Transfers after December 31, 1958; report to Congress; approval of 
        Congress

    After December 31, 1958, no transfer shall be made under this 
section until (1) a full and complete report concerning the nature and 
effect of such proposed transfer has been transmitted by the President 
to the Congress, and (2) the first period of sixty calendar days of 
regular session of the Congress following the date of receipt of such 
report by the Congress has expired without the adoption by the Congress 
of a concurrent resolution stating that the Congress does not favor such 
transfer.

(Pub. L. 85-568, title III, Sec. 302, July 29, 1958, 72 Stat. 433.)

Ex. Ord. No. 10783. Transfer of Functions From Department of Defense to 
              National Aeronautics and Space Administration

    Ex. Ord. No. 10783, Oct. 1, 1958, 23 F.R. 7643, provided:
    Section 1. All functions (including powers, duties, activities, and 
parts of functions) of the Department of Defense, or of any officer or 
organizational entity of the Department of Defense, with respect to the 
following are hereby transferred to the National Aeronautics and Space 
Administration:
    (a) The United States scientific satellite project (Project 
VANGUARD).
    (b) Specific projects of the Advanced Research Projects Agency [now 
Defense Advanced Research Projects Agency] and of the Department of the 
Air Force which relate to space activities (including lunar probes, 
scientific satellites and superthrust boosters) within the scope of the 
functions developing upon the National Aeronautics and Space 
Administration under the provisions of the National Aeronautics and 
Space Act of 1958 [this chapter], and which shall be more particularly 
described in one or more supplementary Executive orders hereafter 
issued.
    Sec. 2. (a) The Secretary of the Treasury shall immediately transfer 
to the appropriation of the National Aeronautics and Space 
Administration for ``Research and Development'', from such 
appropriations of the Department of Defense as the Secretary of Defense 
shall designate, the following amounts:
    (1) In connection with the transfer of functions provided for in 
section 1(a) hereof, such amounts as shall be determined by the Director 
of the Bureau of the Budget [now Office of Management and Budget] 
pursuant to section 202(b) of the Budget and Accounting Procedures Act 
of 1950 [see 31 U.S.C. 1531] and section 1(k) of Executive Order No. 
10530 of May 1, 1954 [set out as a note under section 301 of Title 3, 
The President].
    (2) In connection with the transfer of functions of the Advanced 
Research Projects Agency [now Defense Advanced Research Projects Agency] 
provided for in section 1(b) hereof, $59,200,000.
    (3) In connection with the transfer of functions of the Department 
of the Air Force provided for in section 1(b) hereof, $57,800,000.
    (b) In connection with the transfer of functions provided for in 
section 1, appropriate transfers of records, property, facilities, and 
civilian personnel shall be carried out as may be agreed upon from time 
to time by the National Aeronautics and Space Administration and the 
Department of Defense.
                                                   Dwight D. Eisenhower.

  Ex. Ord. No. 10793. Transfer of Certain Functions From Department of 
        Defense to National Aeronautics and Space Administration

    Ex. Ord. No. 10793, Dec. 3, 1958, 23 F.R. 9405, provided:
    By virtue of the authority vested in me by the National Aeronautics 
and Space Act of 1958 (Public Law 85-568; 72 Stat. 426) [this chapter] 
and section 202(b) of the Budget and Accounting Procedures Act of 1950 
(31 U.S.C. 581c(b) [see 31 U.S.C. 1531]), and as President of the United 
States, it is ordered as follows:
    Section 1. Those functions (including powers, duties, activities, 
and parts of functions) of the Department of the Army or of any officer 
or organizational entity thereof which are now being performed at the 
Jet Propulsion Laboratory of the California Institute of Technology, 
near Pasadena, California (hereinafter referred to as the Laboratory), 
except so much thereof as relates primarily to military operations and 
weapon system development programs, are hereby transferred to the 
National Aeronautics and Space Administration.
    Sec. 2. In connection with the transfer of functions provided for in 
section 1 of this order, there is hereby transferred to the National 
Aeronautics and Space Administration custody, possession, and control of 
the Government-owned property occupied or utilized by the Laboratory 
except those items of equipment therein which relate primarily to 
military operations and weapon system development programs of the 
Department of the Army.
    Sec. 3. The Department of Defense and the National Aeronautics and 
Space Administration shall effect necessary administrative arrangements, 
including appropriate transfer of records, in connection with the 
transfers of functions and property provided for in sections 1 and 2 
hereof. In order to provide for the most effective utilization of 
scientific and engineering resources, the National Aeronautics and Space 
Administration shall to the extent permitted by its own programs and 
facilities provide research and development support at the Laboratory in 
respect of military matters to the Department of Defense.
    Sec. 4. The Secretary of the Treasury shall immediately transfer 
from such appropriations of the Department of Defense pertinent to the 
functions transferred by section 1 of this order as the Secretary of 
Defense shall designate, to such appropriations of the National 
Aeronautics and Space Administration as the Administrator of the 
National Aeronautics and Space Administration shall specify, the amount 
of $4,078,250.
                                                   Dwight D. Eisenhower.

                              Transfer Plan

                   Mar. 15, 1960, 25 F.R. 2151

Transmitted by the President and delivered to the Congress January 14, 
    1960, pursuant to the provisions of section 302 of the National 
    Aeronautics and Space Act of 1958 (72 Stat. 433) [this section]

Making Certain Transfers From the Department of Defense to the National 
                  Aeronautics and Space Administration

    Section 1. Those functions (including powers, duties, activities, 
and parts of functions) of the Department of Defense, or of any officer 
or organizational entity thereof, relating to the development of space 
vehicle systems (excluding ballistic missiles) and research connected 
therewith, which are being performed by the Army Ballistic Missile 
Agency of the Department of the Army, or by any officer or 
organizational entity of the said Agency, are transferred to the 
National Aeronautics and Space Administration.
    Sec. 2. (a) The following shall be transferred to the National 
Aeronautics and Space Administration, pursuant to authority conferred by 
the provisions of section 302(a) of the National Aeronautics and Space 
Act of 1958 [this section] and other applicable authority, at such time 
or times as may be appropriate:
    (1) So much of the unexpended balances of appropriations, 
allocations, and other funds of the Department of Defense, available or 
to be made available, as the Director of the Bureau of the Budget [now 
Office of Management and Budget] shall determine to relate to the 
functions transferred by the provisions of section 1 of this transfer 
plan and to be needed by the National Aeronautics and Space 
Administration in connection with those functions.
    (2) To the extent needed by the National Aeronautics and Space 
Administration in connection with the aforesaid transferred functions, 
(i) civilian personnel employed in the Development Operations Division 
of the Army Ballistic Missile Agency, and other civilian personnel 
employed in the Department of the Army for administrative and technical 
support of the Development Operations Division, together with their 
respective positions, and (ii) records and property of the Department of 
Defense (including those of any organizational entity of the Department 
of Defense) relating to the said transferred functions. The Secretary of 
Defense and the Administrator of the National Aeronautics and Space 
Administration, jointly, or, to any extent that they shall fail to 
agree, the Director of the Bureau of the Budget, shall (A) determine the 
number of employees to be so transferred and the identity of the 
particular employees who are to be transferred, (B) designate the 
specific records and property to be transferred, and (C) fix the date or 
dates of these transfers.
    (b) Without limiting the foregoing provisions of this transfer plan, 
the functions transferred to the National Aeronautics and Space 
Administration by the provisions of section 1 of this transfer plan 
shall include so much of the functions of the Department of Defense, or 
of any officer or organizational entity thereof, as relate to the 
appointment and pay of civilian personnel employed in the Development 
Operations Division of the Army Ballistic Missile Agency, including 
authority to continue certain transferred positions in grades 16, 17, 
and 18 of the General Schedule of the Classification Act of 1949, as 
amended, pursuant to the provisions of section 1, of Public Law 86-377 
[see sections 3324 and 5708 of Title 5, Government Organization and 
Employees], and authority to continue certain transferred positions 
requiring the services of specially qualified scientists or professional 
personnel pursuant to the provisions of section 2 of Public Law 86-377 
[section 1581 of Title 10, Armed Forces].
    (c) Such further measures and dispositions as the Director of the 
Bureau of the Budget shall deem to be necessary in order to effectuate 
transfers under the foregoing provisions of this section shall be 
carried out in such manner as he shall direct and by such agencies as he 
shall designate.
    Sec. 3. The provisions of this transfer plan shall become effective 
upon the expiration of the first period of sixty calendar days of 
regular session of the Congress following the date stated in the heading 
hereof unless the Congress has during that period adopted a concurrent 
resolution stating that Congress does not favor this transfer plan. 
Thereafter, as promptly as may be, this transfer plan shall be published 
in the Federal Register.
