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F E D E R A L R E G I S T E R , Saturday , July 1, 1939
PART 4. GENERAL PROVISIONS

of Functions of Heads of Departments. Except as other wise provided in this Plan, the functions of the head of any Department relating to the administration of any agency or function transferred from his Depart ment by this Plan, are hereby transferred to, and shall be exercised by, the head of the department or agency to which such transferred agency or function is transferred by this Plan.
Sec . 402; Transfer of Records, Prop erty, and Personnel. All records and property including office equipment of the several agencies, and all records and property used primarily in the adminis tration of any functions, transferred by this Plan and, except as otherwise pro vided, all the personnel used in the ad ministration of such agencies and func tions including officers whose chief duties relate to such administration are hereby transferred to the respective de partments or agencies concerned, for use in the administration of the agencies and functions transferred by this Plan: P ro vided, That any personnel transferred to any department or agency by this sec tion found by the head of such depart ment or agency to be in excess of the personnel necessary for the administra tion of the functions transferred to his department or agency shall be retrans ferred under existing law to other posi tions in the Government service, or sepa rated from the service subject to the pro visions of section 10 a of the Reor ganization Act of 1939.
S ec . 403. Transfer of Funds. So much of the unexpended balances of appro priations, allocations, or other funds available for the use of any agency in the exercise of any function transferred by this Plan, or fo r the use of the head of any department or agency in the exercise of any function so transferred, as the Director of the Bureau of the Budget with the approval of the President shall determine, shall be transferred to the department or agency concerned for use in connection with the exercise of the function so transferred. In determining the amount to be transferred the Direc tor of the Bureau of the Budget may include an amount to provide for the liquidation of obligations incurred against such appropriations, 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 sec tion 4 d 3 and section 9iof the Reor ganization Act of 1939.
S ec. 404. Transfer of Functions Relat ing to Personnel. Except as prohibited by section 3 b of the Reorganization Act of 1939, all functions relating to the appointment, fixing of compensation, transfer, promotion, demotion, suspen sion, or dismissal of persons to or from offices and positions in any department vested by law in any officer of such de partment other than the head thereof S ec.

401. Transfer
are hereby transferred to the head of such department and shall be adminis tered under his direction and supervision by such division, bureau, office, or persons as he shall determine.

Rules, Regulations , Orders TITLE 8ALIENS AND CITIZENSHIP
IM M IG R A TIO N AND NATU RALIZA
TIO N SERVICE

TITLE 26IN TE R N A L REVENUE
BUREAU O F IN TE R N A L REVENUE
T. D. 4909
S u b c h a p t e r A P ar t 16 E x c e s s P r o f it s o n A r m y C o n t r a c t s f o r A ir c r a ft REGULATIONS UNDER SECTION 14 OF THE
ACT OF APRIL 3, 1939, AND OTHER PRO
VISIONS f
To Officers and Employees o f the Treas ury Department, the War Department, and Others Concerned:
T able o f C o n t e n t s
Supp. 6 to General Order No. C - l x
P ort
of
E ntry for A liens M innesota
at
R oseau,
J une 29, 1939.

Pursuant to the authority contained in Section 23 of the Immigration Act of 1917 Act of February 5, 1917, 39 Stat.
892; 8 U.S.C. 102, Title 8 CFR, Chapter 1, Subchapter A Immigration Rules and Regulations Part 3, Section 3.1 Rule 3, Subdivision a , paragraph 1 of the Immigration Rules and Regulations of January 1, 1930, Edition of December 31, 1936, is amended by inserting Roseau, Minnesota in lieu of Richardsons Bridge, Minnesota Roseau P. O ., in the list of designated ports for the entry of aliens into the United States.
seal
James L. H oughteling , Commissioner.
Approved:
F rances P erkins ,
Secretary.

2733

Sec.
16.0
16.1
16.2
16.3
16.4
16.5
16.6
16.7
16.8
16.9
16.10
16.11
16.12
16.13
16.14
16.15
16.16
16J.7
16.18

Introductory.
Definitions.
C o n t r a c t s and subcontracts under which excess profit liability may be incurred.
Contracts or subcontracts for scientific equipment.
Completion of contract defined.
Manner of determining liability.
Computation of excess profit liability.
Total contract price.
Cost of performing a contract or sub contract.
Credit for net loss or for deficiency in profit in computing excess profit.
Credit for Federal income taxes.
Failure of contractor to require agree ment by subcontractor.
Evasion of excess profit.
Books of account and records.
Report to Secretary of W ar.
Annual reports for income-taxable years.
Payment of excess profit liability.
Liability of surety.
Determination of liability for excess profit, interest and penalties; assess ment, collection, payment, refunds.

16.0 Introductory, a Section 14
of the Act entitled An Act to provide more effectively for the national defense by carrying out the recommendations of the President in his message of January Supp. 3 to General Order No. C - 2
P ort of E n try for A liens A rriving b y 12, 1939, to the Congress, approved A ircraft Jo h n G. H inde A irport , April 3,1939 Public, No. 18, 76th Cong., 1st sess.; I.R.B. 1939-20, 13, provides:
S and usk y , O h io F . R. Doc. 39-2268; Filed, June 30, 1939;
9:51 a. m.

Ju n e 29,1939.
Pursuant to the authority contained in Subdivision d of Section 7 of the Air Commerce Act of 1926 Act of May 20, 1926, 44 Stat. 572; 49 U. S. C. 177
d , Title 8 CFR, Chapter I, Sub-chap ter A Immigration Rules and Regula tions Part 3, Section 3.3 b , Rule 3, Subdivision a , paragraph 3 b of the Immigration Rules and Regulations of January 1, 1930, Edition of December 31, 1936, is amended by inserting San dusky, Ohio, John G. Hinde Airport, in lieu of Sandusky, Ohio, Sandusky Mu nicipal Airport, in the list of airports designated as temporary ports for the entry into the United States of aliens arriving by aircraft.
seal

F rances P erkins ,
Secretary.
Approval recommended:
J ames L. H oughteling ,
Commissioner.
F . R. Doc. 39-2267; Filed, June 30, 1939;
9:51 a. m .
14 F.R. 1947 DI.
3 F.R. 1951 DI.

S ec . 14. 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 shaU be applicable with re spect to contracts for aircraft or any por tion thereof for the Army to the same ex tent and in the same manner that such provisions are applicable with respect to contracts for aircraft, or any portion thereof for the Navy: Provided, That the Secretary of W ar 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: Provided further, That section 3b 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 Sections 16.0 to 16.18 issued under the authority contained in section 14 of the Act of April 3, 1939 Public, No. 18, 76th Cong., 1st sess. and section 3 of the Act of March 27, 1934, 48 Stat. 505 34 U.S.C. 496, as amended by the Act of June 25, 1936, 49
Stat. 1926 34 U.S.C., Sup. IV, 496 and as further amended by section 14 of such Act of April 3, 1939.
tThe source of sections 16.0 to 16.18 is Treasury Decision 4909, approved by the Acting Secretary of the Treasury June 16, 1939, and approved by the Acting Secretary of W a r June 28, 1939.