5 U.S.C. § 901 — Purpose

Page 235 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 901 1 So in original. Does not conform to section catchline. Sec. 902. Definitions. 903. Reorganization plans. 904. Additional contents of reorganization plan. 905. Limitations on powers.1 906. Effective date and publication of reorganiza- tion plans. 907. Effect on other laws, pending legal pro- ceedings, and unexpended appropriations. 908. Rules of Senate and House of Representatives on reorganization plans. 909. Terms of resolution. 910. Introduction and reference of resolution. 911. Discharge of committee considering resolu- tion. 912. Procedure after report or discharge of com- mittee; debate; vote on final passage. [913. Omitted.] Editorial Notes AMENDMENTS 1984—Pub. L. 98–614, § 3(e)(3), Nov. 8, 1984, 98 Stat. 3193, substituted ‘‘passage’’ for ‘‘disapproval’’ in item 912. 1977—Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 29, reen- acted chapter heading and items 901 to 903, 905 to 909, and 911 without change, substituted ‘‘plan’’ for ‘‘plans’’ in item 904 and ‘‘Introduction and reference of resolu- tion’’ for ‘‘Reference of resolution to committee’’ in item 910, inserted ‘‘; vote on final disapproval’’ in item 912, and omitted item 913 ‘‘Decisions without debate on motion to postpone or proceed’’. § 901. Purpose (a) The Congress declares that it is the policy of the United States— (1) to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and func- tions, and the expeditious administration of the public business; (2) to reduce expenditures and promote econ- omy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the oper- ations of the Government to the fullest extent practicable; (4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major pur- poses; (5) to reduce the number of agencies by con- solidating those having similar functions under a single head, and to abolish such agen- cies or functions thereof as may not be nec- essary for the efficient conduct of the Govern- ment; and (6) to eliminate overlapping and duplication of effort. (b) Congress declares that the public interest demands the carrying out of the purposes of sub- section (a) of this section and that the purposes may be accomplished in great measure by pro- ceeding under this chapter, and can be accom- plished more speedily thereby than by the en- actment of specific legislation. (c) It is the intent of Congress that the Presi- dent should provide appropriate means for broad citizen advice and participation in restructuring and reorganizing the executive branch. (d) The President shall from time to time ex- amine the organization of all agencies and shall determine what changes in such organization are necessary to carry out any policy set forth in subsection (a) of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 92–179, § 1, Dec. 10, 1971, 85 Stat. 574; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 29.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 133z. June 20, 1949, ch. 226, § 2, 63 Stat. 203. In subsection (a), the words ‘‘from time to time ex- amine’’ are substituted for ‘‘examine and from time to time reexamine’’ since the initial examination has been executed. The words ‘‘of the Government’’ following ‘‘agencies’’ are omitted as unnecessary in view of the definition of ‘‘agency’’ in section 902. In subsection (a)(1), the words ‘‘of the Government’’ following ‘‘exec- utive branch’’ are omitted as unnecessary and to con- form to the style of this title. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes CODIFICATION Section 901(c) of former Title 5, Executive Depart- ments and Government Officers and Employees, was transferred to section 60e–2(a) of Title 2, The Congress. AMENDMENTS 1977—Subsecs. (a) to (d). Pub. L. 95–17 reenacted sub- secs. (a) and (b) without change, added subsec. (c), and redesignated former subsec. (c) as (d). 1971—Subsec. (a). Pub. L. 92–179, § 1(a), substituted ‘‘The Congress declares that it is the policy of the United States’’ for ‘‘The President shall from time to time examine the organization of all agencies and shall determine what changes therein are necessary to ac- complish the following purposes’’ preceding par. (1). Subsec. (c). Pub. L. 92–179, § 1(b), added subsec. (c) consisting of provisions formerly set out preceding par. (1) of subsec. (a). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–614, § 1, Nov. 8, 1984, 98 Stat. 3192, provided: ‘‘That this Act [amending sections 903 to 906 and 908 to 912 of this title] may be cited as the ‘Reorganization Act Amendments of 1984’.’’ SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–17, § 1, Apr. 6, 1977, 91 Stat. 29, provided: ‘‘That this Act [amending this chapter] may be cited as the ‘Reorganization Act of 1977’.’’ NATIONAL COMMISSION ON EXECUTIVE ORGANIZATION Pub. L. 100–527, § 17, Oct. 25, 1988, 102 Stat. 2645, di- rected President, within 30 days after Mar. 15, 1989, to make a determination as to whether the national inter- est would be served by establishment of a National Commission on Executive Organization to review struc- tural organization of executive branch of Federal Gov- ernment, and stated that if President failed to transmit to Congress notification of his intent to establish such Commission section would cease to be effective 30 days after Mar. 15, 1989. [President did not transmit such no- tification to Congress and thus section ceased to be ef- fective 30 days after Mar. 15, 1989.] Page 236 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 901 Executive Documents 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 meth- ods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machin- ery, equipment, stores, and supplies exercised by an 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 Treas- ury Department is transferred to the Procurement Di- vision, except that the buildings of the Treasury De- partment shall be administered by the Treasury De- partment and the administration of post-office build- ings is transferred to the Post Office Department. The General Supply Committee of the Treasury Depart- ment is abolished. In respect of any kind of procurement, warehousing, or distribution for any agency the Procurement Divi- sion may, with the approval of the President, (a) under- take 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 in- terest of economy and efficiency. When the Procure- ment Division has prescribed the manner of procure- ment, warehousing, or distribution of any thing, no agency shall thereafter procure, warehouse, or dis- tribute such thing in any manner other than so pre- scribed. 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 Pro- curement Division. The Procurement Division shall also have control of all property, facilities, structures, machinery, equip- ment, stores, and supplies not necessary to the work of any agency; may have custody thereof or entrust cus- tody 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 Depart- ment 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. NO. 6623 Ex. Ord. No. 6623, Mar. 1, 1934, revoked a final para- graph of section 1 of Ex. Ord. No. 6166, which provided for the abolition of the Federal Employment Stabiliza- tion Board and the transfer of its functions to the Fed- eral Emergency Administration of Public Works. Said Ex. Ord. No. 6623 also provided in part as follows: ‘‘It is further ordered that the said Federal Employ- ment Stabilization Board be, and it is hereby, abol- ished. ‘‘There is hereby established in the Department of Commerce an office to be known as the ‘Federal Em- ployment Stabilization Office,’ and there are hereby transferred to such office the functions of the Federal Employment Stabilization Board, together with its Di- rector 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 Employ- ment Stabilization Board are hereby transferred to the Federal Employment Stabilization Office, Department of Commerce.’’ EFFECTIVE DATE The effective date of Ex. Ord. No. 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. [Subsequent to the effective date of Ex. Ord. No. 6166, § 1, certain functions affected thereby were again trans- ferred as follows: The Public Buildings Branch of the Procurement Division was transferred to Public Build- ings Administration within the Federal Works Admin- istration by 1939 Reorg. Plan No. 1, §§ 301, 303, 4 Fed. Reg. 2729; 53 Stat. 1426, 1427; the Federal Employment Stabilization Office, created by Ex. Ord. No. 6166, § 1, as amended by Ex. Ord. No. 6624, was abolished by 1939 Reorg. Plan No. 1, § 4, 4 Fed. Reg. 2727, 53 Stat. 1423, and its functions transferred to the Executive Office of the President.] 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, 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 con- solidation of functions shall include, among others, those of the former National Park Service of the De- partment 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. Guilford Courthouse National Military Park, North Carolina. Kings Mountain National Military Park, South Caro- lina. Moores Creek National Military Park, North Carolina. Petersburg National Military Park, Virginia. Shiloh National Military Park, Tennessee. Stones River National Military Park, Tennessee. Vicksburg National Military Park, Mississippi. NATIONAL PARKS Abraham Lincoln National Park, Kentucky. Fort McHenry National Park, Maryland. BATTLEFIELD SITES Antietam Battlefield, Maryland. Appomattox, Virginia. Brices Cross Roads, Mississippi. Chalmette Monument and Grounds, Louisiana. Cowpens, South Carolina. Fort Necessity, Wharton County, Pennsylvania. Kenesaw Mountain, Georgia. Monocacy, Maryland. Tupelo, Mississippi. White Plains, New York. NATIONAL MONUMENTS Big Hole Battlefield, Beaverhead County, Montana. Page 237 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 901 Cabrillo Monument, Fort Rosecrans, California. Castle Pinckney, Charleston, South Carolina. Father Millet Cross, Fort Niagara, New York. Fort Marion, St. Augustine, Florida. Fort Matanzas, Florida. 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. Kill Devil Hill Monument, Kitty Hawk, North Carolina. New Echota Marker, Georgia. Lee Mansion, Arlington National Cemetery, Virginia. NATIONAL CEMETERIES Custer Battlefield, National Cemetery in the State of Montana. Battleground, District of Columbia. Antietam (Sharpsburg), Maryland. Vicksburg, Mississippi. Gettysburg, Pennsylvania. Chattanooga, Tennessee. Fort Donelson (Dover), Tennessee. Shiloh (Pittsburg Landing), Tennessee. Stones River (Murfreesboro), Tennessee. Fredericksburg, Virginia. Poplar Grove (Petersburg), Virginia. Yorktown, 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 trans- ferred to the National Park Service of the Department of the Interior, and the agencies are abolished: Arlington Memorial Bridge Commission Public Buildings Commission Public Buildings and Public Parks of the National Capital National Memorial Commission Rock Creek and Potomac Parkway Commission Expenditures by the Federal Government for the pur- poses of the Commission of Fine Arts, the George Rog- ers Clark Sesquicentennial Commission, and the Rush- more 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 Cemeteries 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 adminis- tration of national cemeteries located in foreign coun- tries 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 na- tional cemeteries located in the insular possessions to the Bureau of Insular Affairs, as provided in this sec- tion, 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 Prohibi- tion 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 Prohibi- tion with respect to investigations and all the func- tions now performed by the Bureau of Investigation of the Department of Justice are transferred to and con- solidated in a Division of Investigation in the Depart- ment of Justice, at the head of which shall be a Direc- tor of Investigation. All other functions now performed by the Bureau of Prohibition are transferred to such divisions in the De- partment of Justice as in the judgment of the Attorney General may be desirable. § 4. DISBURSEMENT [Section, as amended by Ex. Ord. No. 6728, May 29, 1934; 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, which provided that 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 func- tions of the War Department, Navy Department (in- cluding the Marine Corps), and the Panama Canal, not pertaining to departmental salaries in the District of Columbia] were transferred to the [Fiscal Service of the] Treasury Department and, together with the Office of Disbursing Clerk of that department, was consoli- dated in a Division of Disbursement, at the head of which was a Chief Disbursing Officer, that the Division of Disbursement of the Treasury Department was au- thorized to establish local offices, or to delegate the ex- ercise of its functions locally to officers or employees of other agencies, according as the interests of effi- ciency and economy might require, that the Division of Disbursement would disburse moneys only upon the certification of persons by law duly authorized to incur obligations upon behalf of the United States and that the function of accountability for improper certifi- cation would be transferred to such persons, and no dis- bursing officer would be held accountable therefor, was repealed and reenacted as section 3321 of Title 31, Money and Finance, by Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 877, the first section of which enacted Title 31.] AMENDMENTS The bracketed provisions in the first sentence of sec- tion 4 of Ex. Ord. No. 6166 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 sub- sequently 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 al- ready effected prior to June 30, 1934), by Ex. Ord. No. 7077 of June 15, 1935; to June 30, 1936 (insofar as not al- ready 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 ex- ercised 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 Page 238 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 901 decision whether and in what manner to prosecute, or to defend, or to compromise, or to appeal, or to aban- don prosecution or defense, now exercised by any agen- cy or officer, is transferred to the Department of Jus- tice. For the exercise of such of his functions as are not transferred to the Department of Justice by the fore- going 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 sec- tion, insofar as it affected the functions of the General Counsel for the Bureau of Internal Revenue, was post- poned 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, Aug. 5, 1933, provided that ‘‘the ef- fective date of the transfer to the Department of Jus- tice 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 De- partment of Commerce. The Solicitor for the Department of Labor is trans- ferred from the Department of Justice to the Depart- ment of Labor. § 8. INTERNAL REVENUE The Bureaus of Internal Revenue and or 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 de- layed might be sooner effected by order of the Sec- retary of the Treasury approved by the President. § 9. ASSISTANT SECRETARY OF COMMERCE The Assistant Secretary of Commerce for Aero- nautics 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 De- partment of Commerce of compiling statistics of cities under 100,000 population is abolished for the period end- ing 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 Com- merce. § 14. IMMIGRATION AND NATURALIZATION The Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immi- gration 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 In- terior, and the Board shall act in an advisory capacity without compensation. § 16. APPORTIONMENT OF APPROPRIATIONS The functions of making, waiving, and modifying ap- portionments 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; cooper- ative 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 trans- ferred to or consolidated with another agency, is abol- ished. The records pertaining to an abolished agency or a function disposed of, disposition of which is not else- where 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 em- ployed in the work of an abolished agency or the exer- cise 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 per- sonnel 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 sec- tion, originally fixed by section 22, post, was deferred Page 239 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 902 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 sec- tion 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 appro- priations 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 abol- ished 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 estab- lishment, board, bureau, division, service, or office in the executive branch of the Government. ‘‘Abolished agency’’ means any agency which is abol- ished, transferred, or consolidated. ‘‘Successor agency’’ means any agency to which is transferred some other agency or function, or which re- sults from the consolidation of other agencies or func- tions. ‘‘Function disposed of’’ means any function elimi- nated or transferred. § 22. EFFECTIVE DATE In accordance with law, this order shall become effec- tive 61 days from its date: Provided, That in case it shall appear to the President that the interests of econ- omy require that any transfer, consolidation, or elimi- nation 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.) [Postponements of effective date of certain transfers, etc., see notes under the various sections of this Execu- tive Order effecting those transfers, etc.] Executive Order No. 7261, promulgated December 31, 1935, provided that ‘‘except as hereinafter provided, the transfers, consolidations, and eliminations con- templated by section 4 of Executive Order No. 6166 of June 10, 1933, as amended, which are not effected prior to December 31, 1935, pursuant to Executive Order No. 6224 of July 27, 1933, Executive Order No. 6540 of Decem- ber 28, 1933, Executive Order No. 6727 of May 29, 1934, Executive Order No. 6927 of December 21, 1934, and Ex- ecutive Order No. 7077 of June 15, 1935, together with the operation of all other provisions of Executive Order No. 6166 of June 10, 1933, as amended, in so far as they relate to said section 4, be further delayed until June 30, 1936: Provided, that any transfer, consolidation, or elimination, in whole or in part, under said section 4, including any other provisions of the said order of June 10, 1933, in so far as they relate to section 4 thereof, may be made operative and effective between December 31, 1935, and June 30, 1936, by order of the Secretary of the Treasury, approved by the President.’’ Executive Order No. 7980, promulgated September 29, 1938, provided: ‘‘That the transfers, consolidations, and eliminations contemplated by section 4 of Executive Order No. 6166 of June 10, 1933, as amended, together with the operation of all other provisions of Executive Order No. 6166 of June 10, 1933, as amended, so far as they relate to the said section 4, be further delayed until December 31, 1938, with respect to the function of disbursement now exercised by United States Marshals under the Department of Justice.’’ Functions relating to disbursement by United States marshals which would otherwise have become functions of Treasury Department on July 1, 1940, by virtue of Ex. Ord. No. 6166, as amended, were transferred to and vest- ed in Department of Justice to be exercised by United States marshals under supervision of Attorney General in accordance with existing statutes pertaining to such functions, by Reorg. Plan No. IV of 1940, § 3, eff. June 30, 1940. See, also, sections 13–15 of said plan for provisions relating to transfer of functions of department heads, records, property, personnel, and funds. Functions relating to disbursement of postal reve- nues and all other funds under jurisdiction of Post Of- fice Department, Postmaster General, and Board of Trustees of Postal Savings System which would other- wise have become functions of Treasury Department on July 1, 1940, by virtue of Ex. Ord. No. 6166, as amended, set out in note under this section, were transferred to and vested in (a) said Board of Trustees as to postal savings disbursements, and (b) Post Office Department as to all other disbursements involved, such functions to be exercised by postmasters and other authorized disbursing agents of Post Office Department and of Postal Savings System in accordance with existing statutes pertaining to such functions, by Reorg. Plan No. IV of 1940, § 4, eff. June 30, 1940. See, also, sections 13–15 of said plan for provisions relating to transfer of functions of department heads, records, property, per- sonnel, and funds. Public Buildings Branch of Procurement Division and its functions and personnel were transferred to Public Buildings Administration, and functions of Secretary of Agriculture and Director of Procurement Division relating to administration thereof and to selection of sites for public buildings were transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, §§ 301, 303, effective July 1, 1939. See also sections 307–310 of said plan for provisions relating to transfer of records, property, funds, and personnel. § 902. Definitions For the purpose of this chapter— (1) ‘‘agency’’ means— (A) an Executive agency or part thereof; and (B) an office or officer in the executive branch; but does not include the Government Account- ability Office or the Comptroller General of the United States; (2) ‘‘reorganization’’ means a transfer, con- solidation, coordination, authorization, or abolition, referred to in section 903 of this title; and (3) ‘‘officer’’ is not limited by section 2104 of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 90–83, § 1(98), Sept. 11, 1967, 81 Stat. 220; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 30; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (1) ............. 5 U.S.C. 133z–5. June 20, 1949, ch. 226, § 7, 63 Stat. 205. (2) ............. 5 U.S.C. 133z–6. June 20, 1949, ch. 226, § 8, 63 Stat. 206. In paragraph (1)(A), the words ‘‘an Executive agency or part thereof’’ are coextensive with and substituted for ‘‘any executive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, . . . authority, admin- istration, or other establishment, in the executive branch of the Government’’ and to conform to the defi- nition in section 105. In paragraph (1)(B), the words ‘‘an office or officer in the civil service or uniformed services in or under an Executive agency’’ are substituted for ‘‘office, officer, . . . in the executive branch of the Government’’ to