in section 119 of this title, and to transfer to the officer so selected, the necessary personnel, records, or transcripts of records, property (including office and field equipment), and unexpended balances of appropriations: Provided, That the charge and control of all matters relating to the construction and maintenance of roads in Alaska which may now be under the jurisdiction of any other department, bureau, or agency of the Government, together with the records or transcripts thereof, the property including field and office equipment and the unexpended balances of appropriations pertaining thereto, may, with the concurrence of the Secretaries of the respective departments involved, be assigned and transferred to the Secretary of the Interior. (Feb. 10, 1927, ch. 102, § 5, 44 Stat. 1068; June 30, 1932, ch. 320, § 1, 47 Stat. 446.)

REORGANIZATION OF EXECUTIVE AND
ADMINISTRATIVE AGENCIES

§§ 124-132. Reorganization by Executive order.

These sections, acts June 30, 1932, ch. 314, §§ 401-409, 47 Stat. 413-414; Mar. 3, 1933, ch. 212, title II, § 16, 47 Stat. 1517-1519; Mar. 20, 1933, ch. 3, title III, § 1, 48 Stat. 16, provided for the reorganization of executive and administrative agencies by executive order of the President. The power of the President under them was effective for a period of two years only from March 20, 1933.

Power of the President under the Reorganization Acts of 1939, see sections 133-133x of this title.

Ex. ORD. No. 6166.-REORGANIZATION OF EXECUTIVE AGENCIES GENERALLY Ex. Order 6166, June 10, 1933 provided:

§ 1. PROCUREMENT. The function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency is transferred to a Procurement Division in the Treasury Department, at the head of which shall be a Director of Procurement.

In respect of any kind of procurement, warehousing, or distribution for any agency the Procurement Division may, with the approval of the President, (a) undertake the performance of such procurement, warehousing, or distribution itself, or (b) permit such agency to perform such procurement, warehousing, or distribution, or (c) entrust such performance to some other agency, or (d) avail itself in part of any of these recourses, according as it may deem desirable in the interest of economy and efficiency. When the Procurement Division has prescribed the manner of procurement, warehousing, or distribution of any thing, no agency shall thereafter procure, warehouse, or distribute such thing in any manner other than so prescribed.

The Procurement Division shall also have control of all property, facilities, structures, machinery, equipment, stores, and supplies not necessary to the work of any agency; may have custody thereof or entrust custody to any other agency; and shall furnish the same to agencies as need therefor may arise.

EFFECTIVE DATE. The effective date of Ex. Ord. 6166, § 1, as provided for in section 22, Post, was extended to Dec. 31, 1933, by Ex. Ord. No. 6224, of July 27, 1933.

SUBSEQUENT TRANSFERS. Subsequent to the effective date of Ex. Ord. No. 6166, § 1, certain functions affected thereby were again transferred as

follows: The Public Buildings Branch of the Procurement Division was transferred to Public Buildings Administration within the Federal Works Administration by Reorg. Plan No. 1, §§ 301, 303, 4 Fed. Reg. 2729; 53 Stat. 1426, 1427.

§ 2. NATIONAL PARKS, BUILDINGS, AND RESERVATIONS

All functions of administration of public buildings, reservations, national parks, national monuments, and national cemeteries are consolidated in the National Park Service in the Department of the Interior, at the head of which shall be a Director of the National Park Service; except that where deemed desirable there may be excluded from this provision any public building or reservation which is chiefly employed as a facility in the work of a particular agency.

§ 4. DISBURSEMENT

The function of disbursement of moneys of the United States exercised by any agency [except United States marshals; the Post Office Department; the Postmaster General; the Board of Trustees of the Postal Savings System; and those disbursement functions of the War Department, Navy Department (including the Marine Corps), and the Panama Canal, not pertaining to departmental salaries in the District of Columbia] is transferred to the [Fiscal Service of the] Treasury Department and, together with the Office of Disbursing Clerk of that department, is consolidated in a Division of Disbursement, at the head of which shall be a Chief Disbursing Officer.

The Division of Disbursement of the Treasury Department is authorized to establish local offices, or to delegate the exercise of its functions locally to officers or employees of other agencies, according as the interests of efficiency and economy may require.

The Division of Disbursement shall disburse moneys only upon the certification of persons by law duly authorized to incur obligations upon behalf of the United States. The function of accountability for improper certification shall be transferred to such persons, and no disbursing officer shall be held accountable therefor. (As amended by Ex. Ord. No. 6728; Reorg. Plan No. III, § 1 (a) (1), eff. June 30, 1940, 5 Fed. Reg. 2107, 54 Stat. 1231; and Reorg. Plan No. IV, §§ 3, 4, eff. June 30, 1940, 5 Fed. Reg. 2421, 54 Stat. 1234.)

AMENDMENTS. The bracketed provisions in the first sentence of this section reflect the changes effected by Reorg. Plan No. IV, §§ 3, 4, eff. June 30, 1940, 5 Fed. Reg. 2421, 54 Stat. 1234, 1235, Ex. Ord. No. 6728, and Reorg. Plan No. III, § 1 (a) (1), 5 Fed. Reg. 2107, 54 Stat. 1231, respectively.

EFFECTIVE DATE. The effective date of section 4 or Ex. Ord. No. 6166, originally fixed by section 22 of the same order, post, was subsequently postponed as follows: to Dec. 31, 1933, by Ex. Ord. No. 6224 of July 27, 1933; to June 30, 1934 (insofar as not already effected prior to Dec. 31, 1933), by Ex. Ord. No. 6540 of Dec. 28, 1933; to Dec. 31, 1934 (insofar as not already effected prior to June 30, 1934), by Ex. Ord. No. 6727 of May 29, 1934; to June 30, 1935, by Ex. Ord. No. 6927 of Dec. 31, 1934; to Dec. 31, 1935 (insofar as not already effected prior to June 30, 1935) by Ex. Ord. No. 7077 of June 15, 1935 to June 30, 1936 (insofar as not already effected prior to Dec. 31, 1935), by Ex. Ord. No. 7261 of Dec. 31, 1935. Each of these orders contained a provision that the changes therein delayed might be made sooner effective by order of the Secretary of the Treasury approved by the President.

§ 5. CLAIMS BY OR AGAINST THE UNITED STATES

The functions of prosecuting in the courts of the United States claims and demands by, and offenses against, the Government of the United States and of defending claims and demands against the Government, and of supervising the work of United States attorneys, marshals, and clerks in connection_therewith, now exercised by any agency or officer, are transferred to the Department of Justice.

As to any case referred to the Department of Justice for prosecution or defense in the courts, the function of decision whether and in what manner to prosecute, or to defend, or to compromise, or to appeal, or to abandon

prosecution or defense, now exercised by any agency or officer, is transferred to the Department of Justice.

For the exercise of such of his functions as are not transferred to the Department of Justice by the foregoing two paragraphs, the Solicitor of the Treasury is transferred from the Department of Justice to the Treasury Department.

Nothing in this section shall be construed to affect the function of any agency or officer with respect to cases at any stage prior to reference to the Department of Justice for prosecution or defense.

§ 18. FUNCTIONS ABOLISHED

Section 18 of Ex. Ord. No. 6166, which provided for the partial abolition of cooperative vocational education payments for agricultural experiment stations; cooperative agricutural extension work; and endowment and maintenance of colleges for the benefit of agriculture and the mechanical arts, was revoked by Ex. Ord. No. 6536 of Feb. 6, 1934.

§ 19. GENERAL PROVISIONS

Each agency, all the functions of which are transferred to or consolidated with another agency, is abolished.

The records pertaining to an abolished agency or a function disposed of, disposition of which is not elsewhere herein provided for, shall be transferred to the successor. If there be no successor agency, and such abolished agency be within a department, said records shall be disposed of as the head of such department may direct.

The property, facilities, equipment, and supplies employed in the work of an abolished agency or the exercise of a function disposed of, disposition of which is not elsewhere herein provided for, shall, to the extent required, be transferred to the successor agency. Other such property, facilities, equipment, and supplies shall be transferred to the Procurement Division.

All personnel employed in connection with the work of an abolished agency or function disposed of shall be separated from the service of the United States, except that the head of any successor agency, subject to my approval, may, within a period of four months after transfer or consolidation, reappoint any of such personnel required for the work of the successor agency without reexamination or loss of civil-service status.

EFFECTIVE DATE. The effective date of the last paragraph of this section, originally fixed by section 22, post, was deferred as to employees separated from service under sections 2 and 15, ante, until Sept. 30, 1933, by Ex. Ord. No. 6227 of July 27, 1933. As to employees separated under section 12, ante, a similar deferment to Sept. 30, 1933, was made by Ex. Ord. No. 6245 of Aug. 9, 1933.

"

As used in this order

§ 21. DEFINITIONS

"Agency" means any commission, independent establishment, board, bureau, division, service, or office in the executive branch of the Government. "Abolished agency" means any agency which is abolished, transferred, or consolidated.

"Successor agency" means any agency to which is transferred some other agency or function, or which results from the consolidation of other agencies or functions. "Function disposed of" means any function eliminated or transferred. § 133-133r. Reorganization Act of 1939.

These sections, act Apr. 3, 1939, ch. 36, §§ 1-12, 21-27, 53 Stat. 561-565, constituted the Reorganization Act of 1939. Section 12 thereof (section 133k of this title) provided that no reorganization specified in a reorganization plan proposed under these sections should take effect unless the plan were submitted to the Congress before Jan. 21, 1941. The reorganizations consummated prior to that time are now set out following section 133t of this title.

§ 133s. Reorganization plans numbered I and II; effective date. -The provisions of reorganization plan numbered I, submitted

to the Congress on April 25, 1939, and the provisions of reorgani'zation plan numbered II, submitted to the Congress on May 9, 1939, shall take effect on July 1, 1939, notwithstanding the provisions of sections 133-133r of this title, section 2 of Title 31 and section 45a of Title 3. (June 7, 1939, ch. 193, § 1, 53 Stat. 813.)

CROSS REFERENCE

Reorganization plans numbered I and II are set forth in the note following section 133t of this title.

§ 133t. Same; continuation of agencies beyond statutory period of termination.-Nothing in the reorganization plans numbered I and II or sections 133s-133t of this title shall be construed as having the effect of continuing any agency or function beyond the time when it would have terminated without regard to such plans or sections 133s-133t of this title or of continuing any function beyond the time when the agency in which it was vested would have terminated without regard to such plans or sections 133s-133t of this title. (June 7, 1939, ch. 193, § 2, 53 Stat. 813.)

CROSS REFERENCES

Coordination of execution bureaus in interest of national defense and for the successful prosecution of the war, see sections 601-605 of Appendix to Title 50, War.

Temporary reorganization plans during war period, see notes under section 601 of Appendix to Title 50, War.

REORGANIZATION PLAN NO. I

Effective July 1, 1939, by section 133s of this title

4 Fed. Reg. 2727, 53 Stat. 1423

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 25, 1939, pursuant to the provisions of the Reorganization Act of 1939, approved April 3, 1939.

PART 2. FEDERAL SECURITY AGENCY

§ 207. CIVILIAN CONSERVATION CORPS

The Civilian Conservation Corps and its functions shall be administered by the Director of the Civilian Conservation Corps under the direction and supervision of the Federal Security Administrator.

*

PART 3. FEDERAL WORKS AGENCY

§ 302. PUBLIC ROADS ADMINISTRATION

(a) The Bureau of Public Roads and its functions shall be administered as the Public Roads Administration at the head of which shall be the Chief of the Bureau of Public Roads whose title shall be changed to Commissioner of Public Roads. Hereafter the Commissioner of Public Roads shall be appointed by the Federal Works Administrator.

§ 307. TRANSFER OF RECORDS AND PROPERTY

All records and property (including office equipment) of the several agencies which, with their functions, are consolidated by section 301 into the Federal Works Agency are hereby transferred to the jurisdiction and control of the Federal Works Agency for use in the administration of the agencies and functions consolidated by that section.

§ 308. TRANSFER OF FUNDS

(a) So much of the unexpended balances of appropriations, allocations, or other funds available (including those available for the fiscal year ending June 30, 1940) for the use of any agency (except the United States Housing Authority) in the exercise of any functions transferred by this part, or for the use of the head of any department or agency in the exercise of any functions so transferred, and so much of such balances available to the United States Housing Authority for administrative expenses, as the Director of the Bureau of the Budget shall determine, shall be transferred for use in connection with the exercise of the functions transferred by this Part. 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, 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 133c and section 133h of this title.

(b) All unexpended balances of appropriations, allocations, or other funds available (including those available for the fiscal year ending June 30, 1940) for the use of the United States Housing Authority, other than those transferred by subsection (a) of this section, are hereby transferred with the United States Housing Authority and shall remain available to it for the exercise of its functions.

§ 309. ADMINISTRATIVE FUNDS

The Director of the Bureau of the Budget shall allocate to the Federal Works Agency, from appropriations, allocations, or other funds available (including those available for the fiscal year ending June 30, 1940) for the administrative expenses of the agencies and functions consolidated by section 301, such sums, and in such proportions, as he may find necessary for the administrative expenses of the Federal Works Agency.

§ 310. PERSONNEL

Any of the personnel transferred by this part found to be in excess of the personnel necessary for the efficient administration of the functions transferred by this part shall be retransferred under existing law to other positions in the Government service, or separated from the service subject to the povisions of section 133i (a) of this title.

ᏢᎪᎡᎢ 4. LENDING AGENCIES

§ 401. (A) TRANSFERS TO THE Department of AGRICULTURE

The Farm Credit Administration, the Federal Farm Mortgage Corporation, and the Commodity Credit Corporation, and their functions and activities, together with their respective personnel, records, and property (including office equipment), are hereby transferred to the Department of Agiculture and shall be administered in such Department under the general direction and supervision of the Secretary of Agriculture, who shall be responsible for the coordination of their functions and activities.

(B) TRANSFER OF ADMINISTRATIVE FUNDS

So much of the unexpended balances of appropriations, allocations, or other funds available (including those available for the fiscal year ending June 30, 1940) for the administrative_expenses of any agency transferred by this section, as the Director of the Bureau of the Budget shall determine, shall be transferred to the Secretary of Agriculture for such use; and the Director of the Bureau of the Budget shall allocate to the Secretary of Agriculture from such funds, such sums, and in such proportions, as he may find necessary for the administrative expenses of the Secretary of Agriculture in connection with the agencies and functions transferred by this section. 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, or other funds prior to the transfer. The use of the unexpended balances of appropriations, allocations, or other funds transferred by this subsection shall be subject to the provision of section 133c (d) (3) and section 133h of this title.