§ 1181. Activities prohibited on part of civil-service employees as prohibited on part of other Government and State employees. The provisions of this Act which prohibit persons to whom such provisions apply from taking any active part in political management or in political campaigns shall be deemed to prohibit the same activities on the part of such persons as the United States Civil Service Commission has heretofore determined are at the time this section takes effect prohibited on the part of employees in the classified civil service of the United States by the provisions of the civil-service rules prohibiting such employees from taking any active part in political management or in political campaigns. (Aug. 2, 1939, ch. 410, § 15, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.) REFERENCES IN TEXT This Act, referred to in the text, refers to the Hatch Political Activities Act, act Aug. 2, 1939, and is classified to sections 1181, and 118k-118n of this title and sections 594, 595, 598, 600, 601, 604, 605, and 608 of Title 18, Crimes and Criminal Procedure. TRANSFER OF FUNCTIONS All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commission by 1949 Reorg. Plan No. See 5, eff. Aug. 20, 1949, 14 F. R. 5227, 63 Stat. 1067. note set out under section 632 of this title. § 118m. Political campaigns in localities where majority of voters are Government employees. Whenever the United States Civil Service Commission determines that, by reason of special or unusual circumstances which exist in any municipality or other political subdivision, in the immediate vicinity of the National Capital in the States of Maryland and Virginia or in municipalities the majority of whose voters are employed by the Government of the United States, it is in the domestic interest of persons to whom the provisions of this Act are applicable, and who reside in such municipality or political subdivision, to permit such persons to take an active part in political management or in political campaigns involving such municipality or political subdivision, the Commission is authorized to promulgate regulations permitting such persons to take an active part in such political management and political campaigns to the extent the Commission deems to be in the domestic interest of such persons. (Aug. 2, 1939, ch. 410, § 16, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.) REFERENCES IN TEXT This Act, referred to in the text, refers to the Hatch Political Activities Act, act Aug. 2, 1939, and is classified to sections 1181, and 118k-118n of this title, and sections 594, 595, 598, 600, 601, 604, 605, and 608 of Title 18, Crimes and Criminal Procedure. TRANSFER OF FUNCTIONS All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commission by 1949 Reorg. Plan No. 5, eff. Aug. 20, 1949, 14 F. R. 5227, 63 Stat. 1067. See note set out under section 632 of this title. § 118n. Elections not specifically identified with National or State issues or political parties. Nothing in the second sentence of section 118i (a) of this title or in the second sentence of section 118k (a) of this title shall be construed to prevent or prohibit any person subject to the provisions of this Act from engaging in any political activity (1) in connection with any election and the preceding campaign if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, or (2) in connection with any question which is not specifically identified with any National or State political party. For the purposes of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similarcharacter, shall not be deemed to be specifically identified with any National or State political party. (Aug. 2, 1939, ch. 410, § 18, as added July 19, 1940, ch. 640, 4, 54 Stat. 767.) REFERENCES IN TEXT This Act, referred to in the text, refers to the Hatch Political Activities Act, act Aug. 2, 1939, and is classified to sections 1181, and 118k-118n of this title, and sections 594, 595, 598, 600, 601, 604, 605, and 608 of Title 18, Crimes and Criminal Procedure. § 1180. Removal from office for soliciting or accepting political contributions. Any executive officer or employee of the United States not appointed by the President, with the advice and consent of the Senate, who shall request, give to, or receive from, any other officer or employee of the Government any money or property or other thing of value for political purposes shall be at once discharged from the service of the United States. (Aug. 15, 1876, ch. 287, § 6, 19 Stat. 169.) § 118p. Prohibition of Federal employment denied to persons who are disloyal or assert right to strike against Government. No person shall accept or hold office or employment in the Government of the United States or any agency thereof, including wholly owned Government corporations, who (1) advocates the overthrow of our constitutional form of government in the United States; (2) is a member of an organization that advocates the overthrow of our constitutional form of government in the United States, knowing that such organization so advocates; (3) participates in any strike or asserts the right to strike against the Government of the United States or such agency; or (4) is a member of an organization of Government employees that asserts the right to strike against the Government of the United States or such agencies, knowing that such organization asserts such right. (Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624.) § 118q. Same; affidavit. (a) Time to execute; prima facie evidence. Except as provided in subsection (b) of this section, every person who accepts office or employment in the Government of the United States after August 9, 1955, shall, not later than sixty days after he accepts such office or employment, execute an affidavit that his acceptance and holding of such office or employment does not or (if the affidavit is executed prior to acceptance of such office or employ ment) will not constitute a violation of section 118p of this title. Such affidavit shall be considered prima facie evidence that the acceptance and holding of office or employment by the person executing the affidavit does not or will not constitute a violation of such section. (b) Emergency work. An affidavit shall not be required from a person employed by the Government of the United States for less than sixty days for sudden emergency work involving the loss of human life or the destruction of property. This subsection shall not relieve any person from liability for violation of section 118p of this title. (Aug. 9, 1955, ch. 690, § 2, 69 Stat. 625.) § 118r. Same; penalty. Any person who violates section 118p of this title shall be guilty of a felony, and shall be fined not more than $1,000 or imprisoned not more than one year and a day, or both. (Aug. 9, 1955, ch. 690, § 3, 69 Stat. 625.) EX OFFICIO COMMISSIONER FOR ALASKA REPRESENTING DEPARTMENTS OF INTERIOR, AGRICULTURE, AND COMMERCE § 119. Designation of Commissioners; residence. The Secretaries of the Departments of the Interior, Agriculture, and Commerce are authorized and empowered, each for his own department, to designate an employee thereof, employed in and residing in Alaska, who shall be styled ex officio Commissioner for Alaska for the department from which he is selected, and who, from the date of his designation, shall reside and maintain an office in the capital of Alaska. (Feb. 10, 1927, ch. 102, § 1, 44 Stat. 1068.) § 120. Powers of Commissioners. Each of said Secretaries shall delegate and assign to the commissioner representing his department general charge of any or all matters in Alaska under the jurisdiction of such department, or of any bureau or agency thereof, to the extent, in the manner, and subject to such supervision and control as the Secretary may deem proper and expedient. 1927, ch. 102, § 2, 44 Stat. 1068.) § 121. Personnel under Commissioners. (Feb. 10, To the extent the respective Secretaries may determine, employees of the departments affected by sections 119-123 of this title who are stationed in Alaska shall be placed under the direct supervision and control of the ex officio commissioner for his department, herein provided for, together with any additional force which may be detailed by the Secretary of the Interior, Agriculture, or Commerce, from the personnel of his department, should necessity therefor arise; but nothing herein contained shall be construed to authorize the employment of any additional personnel or to warrant the transfer of any clerk or other employee from one department to another, except in the manner provided by law. (Feb. 10, 1927, ch. 102, § 3, 44 Stat. 1068.) § 122. Transfer of records, property and unexpended balances of appropriations. The Secretaries named in section 119 of this title may transfer to the officer designated thereunder as his representative the records or transcripts of records, property (including office and field equipment), and unexpended balances of appropriations which they may deem necessary or proper to transfer to Alaska in order to carry into effect the provisions of sections 119-123 of this title. (Feb. 10, 1927, ch. 102, § 4, 44 Stat. 1068.) § 123. Additional powers conferred on Commissioners by order of President; construction and maintenance of roads. The President of the United States may, by order in writing, should he deem it conductive' to economical and effective administration, and with the concurrence of all the Secretaries of the respective departments involved, place under the supervision and direction of one of the three ex-officio commissioners provided for in section 119 of this title, and subject to the provisions of section 120 of this title, any governmental activity relating to Alaska provided for by law now under the direction of the Secretaries named 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.) CROSS REFERENCES Transfer of appropriations, materials, etc., for construction of roads and trails to Secretary of the Interior, see section 321a of Title 48, Territories and Insular Possessions. REORGANIZATION OF EXECUTIVE AND ADMINISTRATIVE AGENCIES §§ 124-132. Omitted. CODIFICATION 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. Ord. No. 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. The Office of the Supervising Architect of the Treasury Department is transferred to the Procurement Division, 1 So in original. except that the buildings of the Treasury Department shall be administered by the Treasury Department and the administration of post-office buildings is transferred to the Post Office Department. The General Supply Committee of the Treasury Department is abolished. 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 execution of work now performed by the Corps of Engineers of the Army shall remain with said corps, subject to the responsibilities herein vested in the Procurement Division. 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. The Fuel Yards of the Bureau of Mines of the Department of Commerce are transferred to the Procurement Office. (As amended by Ex. Ord. No. 6623 of Mar. 1, 1934.) AMENDMENT OF SECTION BY Ex. ORD. 6623. Ex. Ord. No. 6623, Mar. 1, 1934, revoked a final paragraph of this section which provided for the abolition of the Federal Employment Stabilization Board and the transfer of its functions to the Federal Emergency Administration of Public Works. Said Ex. Ord. No. 6623 also provided in part as follows: "It is further ordered that the said Federal Employment Stabilization Board be, and it is hereby, abolished. "There is hereby established in the Department of Commerce an office to be known as the 'Federal Employment Stabilization Office,' and there are hereby transferred to such office the functions of the Federal Employment Stabilization Board, together with its Director and other personnel, and records, supplies, equipment, and property of every kind. "The unexpended balances of appropriations and/or allotments of appropriations of the Federal Employment Stabilization Board are hereby transferred to the Federal Employment Stabilization Office, Department of Commerce." 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, and the effective date of the last paragraph, subsequently revoked by Ex. Ord. No. 6623, was deferred by Ex. Ord. No. 6624 of Mar. 1, 1934, until such revocation could become effective. SUPERSEDURE OF PARS. 1, 3, AND 5 Section 602 (b) of act June 30, 1949, ch. 288, title VI, 63 Stat. 401, eff. July 1, 1949, as renumbered from title V, section 502 (b) of said act June 30, 1949 by act Sept. 5, 1950, ch. 849, §§ 6 (a), (b), 7 (e), 64 Stat. 583, 590, provided that: "The provisions of the first, third, and fifth paragraphs of section 1 of Executive Order Numbered 6166 of June 10, 1933, this Ex. Ord.], are hereby superseded, insofar as they relate to any function now administered by the Bureau of Federal Supply except functions with respect to standard contract forms." § 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. This transfer and consolidation of functions shall include, among others, those of the former National Park Service of the Department of the Interior and the following National Cemeteries and Parks of the War Department which are located within the continental limits of the United States: NATIONAL MILITARY PARKS Chickamauga and Chattanooga National Military Park. Georgia and Tennessee. Fort Donelson National Military Park, Tennessee. Fredericksburg and Spotsylvania County Battle Fields Memorial, Virginia. Gettysburg National Military Park, Pennsylvania. Kings Mountain National Military Park, South Carolina. NATIONAL PARKS Antietam Battlefield, Maryland. Brices Cross Roads, Mississippi. Chalmette Monument and Grounds, Louisiana. Fort Necessity, Wharton County, Pennsylvania Monocacy, Maryland. Tupelo, Mississippi. White Plains, New York. NATIONAL MONUMENTS Big Hole Battlefield, Beaverhead County, Montana. Fort Pulaski, Georgia. Meriwether Lewis, Hardin County, Tennessee Mound City Group, Chillicothe, Ohio. Statue of Liberty, Fort Wood, New York. MISCELLANEOUS MEMORIALS Camp Blount Tablets, Lincoln County, Tennessee. Lee Mansion, Arlington National Cemetery, Virginia. NATIONAL CEMETERIES Custer Battlefield, National Cemetery in the State of Mcntana. Battleground, District of Columbia. Fort Donelson (Dover), Tennessee. Poplar Grove (Petersburg), Virginia. National cemeteries located in insular possessions under the jurisdiction of the War Department shall be administered by the Bureau of Insular Affairs of the War Department. The functions of the following agencies are transferred to the National Park Service of the Department of the Interior, and the agencies are abolished: Arlington Memorial Bridge Commission Public Buildings and Public Parks of the National National Memorial Commission Rock Creek and Potomac Parkway Commission Expenditures by the Federal Government for the purposes of the Commission of Fine Arts, the George Rogers Clark Sesquicentennial Commission, and the Rushmore National Commission shall be administered by the Department of the Interior. (As amended by Ex. Ord. No. 6228 of July 28, 1933; Ex. Ord. No. 6614 of Feb. 26, 1934; Ex. Ord. No. 8428 of June 3, 1940, 5 F. R. 2132; and act Mar. 2, 1934, ch. 39, § 1, 48 Stat. 389.) AMENDMENTS. The enumeration of the National Ceneteries and Parks of the War Department which were transferred to the Department of the Interior was added by Ex. Ord. No. 6228, § 1. of July 28, 1933, and Ex. Ord. No. 8428 of June 3, 1940. A provision of this section transferring the administration of national cemeteries located in foreign countries to the State Department was revoked by Ex. Ord. No. 6614 of Feb. 26, 1934. EFFECTIVE DATE. See section 22 of this Ex. Ord. The transfer of national cemeteries located in the insular possessions to the Bureau of Insular Affairs, as provided in this section, was postponed until further order by Ex. Ord. No. 6228, § 3, of July 28, 1933. § 3. INVESTIGATIONS All functions now exercised by the Bureau of Prohibition of the Department of Justice with respect to the granting of permits under the national prohibition laws are transferred to the Division of Internal Revenue in the Treasury Department. All functions now exercised by the Bureau of Prohibition with respect to investigations and all the functions now performed by the Bureau of Investigation of the Department of Justice are transferred to and consolidated in a Division of Investigation in the Department of Justice. at the head of which shall be a Director of Investigation. All other functions now performed by the Bureau of Prohibition are transferred to such divisions in the Department of Justice as in the judgment of the Attorney General may be desirable. § 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; 1940 Reorg. Plan No. III, § 1 (a) (1), eff. June 30, 1940, 5 F. R. 2107, 54 Stat. 1231; and 1940 Reorg. Plan No. IV, §§ 3, 4, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1234.) AMENDMENTS. The bracketed provisions in the first sentence of this section reflect the changes effected by 1940 Reorg. Plan No. IV, §§ 3, 4, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1234, 1235, Ex. Ord. No. 6728, and 1940 Reorg. Plan No. III, § 1 (a) (1), 5 F. R. 2107, 54 Stat. 1231, respectively. EFFECTIVE DATE. The effective date of section 4 of Ex. Ord. No. 6166, originally fixed by section 22 of this Ex. Ord., 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. EFFECTIVE DATE. With regard to legal work performed by the Veterans' Administration in connection with suits against the United States arising under section 19 of the World War Veterans Act, 1924, the effective date of this section was postponed to Sept. 10, 1933, by Ex. Ord. No 6222 of July 27, 1933. The effective date of the first paragraph of this section. insofar as it affected the functions of the General Counsel for the Bureau of Internal Revenue, was postponed until Oct. 10. 1933, by Ex. Ord. No. 6244 of Aug. 8, 1933. § 6. INSULAR COURTS The United States Court for China, the District Court of the United States for the Panama Canal Zone, and the District Court of the Virgin Islands of the United States are transferred to the Department of Justice. EFFECTIVE DATE. Ex. Ord. No. 6243, August 5, 1933, provided that "the effective date of the transfer to the Department of Justice of the District Court of the United States for the Panama Canal Zone is hereby postponed to October 4, 1933." § 7. SOLICITORS The Solicitor for the Department of Commerce is transferred from the Department of Justice to the Department of Commerce. The Solicitor for the Department of Labor is transferred from the Department of Justice to the Department of Labor. § 8. INTERNAL REVENUE The Bureaus of Internal Revenue and of Industrial Alcohol of the Treasury Department are consolidated in a Division of Internal Revenue, at the head of which shall be a Commissioner of Internal Revenue. EFFECTIVE DATE. The effective date of section 8 of 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. by Ex. Ord. No. 6540 of Dec. 28, 1933. Said orders, however, contained a provision whereby the changes thereby delayed might be sooner effected by order of the Secretary of the Treasury approved by the President. § 9. ASSISTANT SECRETARY OF COMMERCE The Assistant Secretary of Commerce for Aeronautics shall be an Assistant Secretary of Commerce and shall perform such functions as the Secretary of Commerce may designate. 10. OFFICIAL REGISTER The function of preparation of the Official Register is transferred from the Bureau of the Census to the Civil Service Commission. § 11. STATISTICS OF CITIES The function of the Bureau of the Census of the Department of Commerce of compiling statistics of cities under 100,000 population is abolished for the period ending June 30, 1935. § 12. SHIPPING BOARD The functions of the United States Shipping Board including those over and in respect to the United States Shipping Board Merchant Fleet Corporation are transferred to the Department of Commerce, and the United States Shipping Board is abolished. § 13. NATIONAL SCREW THREAD COMMISSION The National Screw Thread Commission is abolished, and its records, property, facilities, equipment, and supplies are transferred to the Department of Commerce. § 14. IMMIGRATION AND NATURALIZATION The Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immigration and Naturalization Service of the Department of Labor, at the head of which shall be a Commissioner of Immigration and Naturalization. § 15. VOCATIONAL EDUCATION The functions of the Federal Board for Vocational Education are transferred to the Department of the Interior, and the Board shall act in an advisory capacity without compensation. § 16. APPORTIONMENT OF APPROPRIATIONS The functions of making, waiving, and modifying apportionments of appropriations are transferred to the Director of the Bureau of the Budget. § 17. COORDINATING SERVICE The Federal Coordinating Service is abolished. EFFECTIVE DATE. The effective date of this section originally fixed by section 22 of this Ex. Ord., was subsequently deferred to Oct. 10, 1933, by Ex. Ord. No. 6239 of Aug. 2, 1933. § 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 agricultural 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. § 20. APPROPRIATIONS Such portions of the unexpended balances of appropriations for any abolished agency or function disposed of shall be transferred to the successor agency as the Director of the Budget shall deem necessary. Unexpended balances of appropriations for an abolished agency or function disposed of, not so transferred by the Director of the Budget, shall, in accordance with law, be impounded and returned to the Treasury. § 21 DEFINITIONS As used in this order "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. § 22. EFFECTIVE DATE In accordance with law, this order shall become effective 61 days from its date: Provided, That in case it shall appear to the President that the interests of economy require that any transfer, consolidation, or elimination be delayed beyond the date this order becomes effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time. (Promulgated June 10, 1933, pursuant to section 126 of Title 5.) [Postponements of effective date of certain transfers, etc., see notes under the various sections of this Executive Order effecting those transfers, etc.] EX. ORD. No. 6611, THE BUREAU OF MINES Ex. Ord. No. 6611, Feb. 22, 1934, provided: The Bureau of Mines and all the functions thereof, together with its personnel, records, supplies, equipment, and property of every kind, unexpended balances of appropriations and/or allotments in Washington and elsewhere, be, and they are hereby, transferred from the Department of Commerce to the Department of the Interior, to be administered under the supervision of the Secretary of the Interior. This order will become effective in accordance with the provisions of section 1 of Title III of the act of March 20, 1933 (ch. 3, 48 Stat. 16): Provided, That in case it shall appear to the President that the interests of economy require that the transfer be delayed beyond the date this order becomes effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time. (Promulgated Feb. 22, 1934. pursuant to section 126 of Title 5.) Ex. ORD. No. 6614, MEMORIALS LOCATED IN EUROPE Ex. Ord. No. 6614, Feb. 26, 1934, provided: All functions of administration pertaining to national cemeteries and memorials located in Europe now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, be, and they are hereby, transferred from the War Department to the American Battle Monuments Commission. The unexpended balances of appropriations and/or allotments of appropriations now, or which may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary, and any remaining balance shall, in accordance with law, be impounded and returned to the Treasury. This order will become effective in accordance with the provisions of section 1 of Title III of the act of March 20, 1933 (ch. 3, 48 Stat. 16): Provided, That in case it shall appear to the President that the interests of economy require that the transfer be delayed beyond the date this order is to become effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time. (Promulgated Feb. 26, 1934, pursuant to section 126 of Title 5.) OMISSIONS. A preliminary paragraph of this order, revoking a provision of Ex. Ord. No. 6166, § 2, which provided for the transfer of the administration of national cemeteries in foreign countries to the State Department, has been omitted as executed. |