Executive Order 6166--Organization of executive agencies
Source: The provisions of Executive Order 6166 of June 10, 1933, do not appear in the Federal Register system.
WHEREAS section 16 of the act of March 3, 1933 (Public, No. 428, 47 Stat. 1517), provides for reorganizations within the executive branch of the Government; requires the President to investigate and determine what reorganizations are necessary to effectuate the purposes of the statute; and authorizes the President to make such reorganizations by Executive order; and
WHEREAS I have investigated the organization of all executive and administrative agencies of the Government and have determined that certain regroupings, consolidations, transfers, and abolitions of executive agencies and functions thereof are necessary to accomplish the purposes of section 16;
NOW, THEREFORE, by virtue of the aforesaid authority, I do hereby order that:
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 Division1 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, 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.2 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 therefore may arise.
The Fuel Yards of the Bureau of Mines3 of the Department of Commerce are transferred to the Procurement Office.
[Sec. 1 amended by EO 6623 of Mar. 1, 1934]
Section 2.--National Parks, Buildings, and Reservations
All functions of administration of public buildings, reservations, national parks, national monuments, and national cemeteries are consolidated in an Office of National Parks, Buildings, and Reservations4 in the Department of the Interior, at the head of which shall be a Director of National Parks, Buildings, and Reservations; 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 National Park Service of the Department of the Interior and the National Cemeteries and Parks of the War Department5 which are located within the continental limits of the United States. National cemeteries located in foreign countries shall be transferred to the Department of State, and those located in insular possessions under the jurisdiction of the War Department shall be administered by the Bureau of Insular Affairs6 of the War Department.7
The functions of the following agencies are transferred to the Office of National Parks, Buildings, and Reservations 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 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.
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 Revenue8 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 Investigation9 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.10
[Sec. 4 repealed by Pub. L. 97-258 of Sept. 13, 1982 (96 Stat. 1086)]
Section 5.--Claims by or against the United States
The functions of prosecuting in the courts of the United States claims and demands by, and offsenses 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 Treasury11 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.
Section 6.--Insular Courts
The United States Court for China,12 the District Court of the United States for the Panama Canal Zone,13 and the District Court of the Virgin Islands of the United States are transferred to the Department of Justice.
The Solicitor for the Department of Commerce14 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.
Section 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.15
Section 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.
Editorial note: The functions of all officials of the Department of Commerce were transferred to the Secretary of Commerce by Reorganization Plan No. 5 of 1950, 15 FR 3174, 3 CFR, 1949-1953 Comp., p. 1004, effective May 24, 1950.
Section 10.--Official Register
Section 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.
Section 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 Corporation18 are transferred to the Department of Commerce, and the United States Shipping Board is abolished.
Section 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.
Section 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,19 at the head of which shall be a Commissioner of Immigration and Naturalization.
Section 15.--Vocational Education
The functions of the Federal Board for Vocational Education20 are transferred to the Department of the Interior, and the Board shall act in an advisory capacity without compensation.
Section 16.--Apportionment of Appropriations
The functions of making, waiving, and modifying apportionments of appropriations are transferred to the Director of the Office of Management and Budget.
[Sec. 16 amended by EO 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245]
Section 17.--Coordinating Service
The Federal Coordinating Service is abolished.
[Sec. 18 revoked by EO 6586 of Feb. 6, 1934]
Section 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.
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.
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.
Section 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 therefore, and he may for like cause further defer such date from time to time.
Editorial note: Certain provisions of Executive Order 6166 were delayed by the following Executive orders: Executive Order 6221 of July 26, 1933; Executive Order 6222 of July 27, 1933; Executive Order 6227 of July 27, 1933; Executive Order 6228 of July 28, 1933; Executive Order 6239 of Aug. 2, 1933; Executive Order 6243 of Aug. 5, 1933; Executive Order 6244 of Aug. 8, 1933; Executive Order 6245 of Aug. 9, 1933; Executive Order 6301 of Sept. 30, 1933; Executive Order 6540 of Dec. 28, 1933; Executive Order 6585 of Feb. 6, 1934; Executive Order 6624 of Mar. 1, 1934; Executive Order 6690 of Apr. 25, 1934; Executive Order 6727 of May 29, 1934; Executive Order 6927 of Dec. 21, 1934; Executive Order 7077 of June 15, 1935; Executive Order 7261 of Dec. 31, 1935; Executive Order 7390 of June 15, 1936, 3 CFR, 1936-1938 Comp., p. 145; Executive Order 7526 of Dec. 29, 1936, 3 CFR, 1936-1938 Comp., p. 235; Executive Order 7639 of June 19, 1937, 3 CFR, 1936-1938 Comp., p. 272; Executive Order 7774 of Dec. 21, 1937, 3 CFR, 1936-1938 Comp., p. 343; Executive Order 8026 of Dec. 23, 1938, 3 CFR, 1938-1943 Comp., p. 439; and Executive Order 8182 of June 28, 1939, 3 CFR, 1938-1943 Comp., p. 522.
1 Editorial note: The Procurement Division of the Treasury Department was renamed the Bureau of Federal Supply by Treasury Department order 73 of Nov. 19, 1946, effective Jan. 1, 1947. The Bureau of Federal Supply was abolished, and its functions transferred to the Administrator of General Services, by act of June 30, 1949 (63 Stat. 380, 40 U.S.C. 752).
5 Editorial note: The War Department was reorganized under the National Military Establishment by Title II of the act of July 26, 1947 (61 Stat. 499). The National Military Establishment was redesignated as the Department of Defense by act of Aug. 10, 1949 (63 Stat. 579, 5 U.S.C. 171).
6 Editorial note: Functions of the Bureau of Insular Affairs were transferred to the Division of Territories and Island Possessions of the Interior Department by Reorganization Plan II of 1939, 4 FR 2731, 3 CFR, 1938-1943 Comp., p. 1294, effective May 9, 1939.
7 Editorial note: Executive Order 6228 of July 28, 1933, reinterpreted the first paragraph of section 2 by providing a specific list of War Department cemeteries and parks to be transferred to the Department of the Interior. The transfer of national cemeteries other than those listed was postponed "until further order." Also, the provisions of the third sentence of the first paragraph were also postponed until further order.
Additionally, Executive Order 6614 of Feb. 26, 1934, contained the following provisions:
. . . it is ordered that so much of section 2 of Executive Order No. 6166 of June 10, 1933, as provides that the functions of administration pertaining to national cemeteries located in foreign countries shall be transferred to the Department of State be, and it is hereby, revoked.
It is further ordered that 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.
8 Editorial note: The Division of Internal Revenue, also known as the Bureau of Internal Revenue, was redesignated as the Internal Revenue Service by Treasury Department order 6038 of Aug. 21, 1953 (18 FR 5120).
10 Editorial note: Executive Order 6639 of Mar. 10, 1934, revoked Executive Order 6166 insofar as it was in conflict with the provisions of Executive Order 6639. Sec. 1(b) of Executive Order 6639 contains the following provisions:
The authority, rights, privileges, powers, and duties conferred and imposed upon the Attorney General by the act of May 27, 1930 (ch. 342, 46 Stat. 427), entitled "An Act to transfer to the Attorney General certain functions in the administration of the National Prohibition Act, to create a Bureau of Prohibition in the Department of Justice, and for other purposes," so far as they are required to, or may, be exercised and performed under existing law, are transferred to and shall be held, exercised, and performed by the Commissioner of Internal Revenue, and his assistants, agents, and inspectors, under the direction of the Secretary of the Treasury: Provided, That the Attorney General shall continue to exercise the power and authority (a) to remit or mitigate forfeitures under the Internal Revenue laws and to determine liability for Internal Revenue taxes and penalties, in connection with violations of the National Prohibition Act occurring prior to the repeal of the eighteenth amendment, and (b) to institute suits upon any cause of action under the National Prohibition Act or under the Internal Revenue laws involving a violation of the National Prohibition Act, arising prior to, and/or not affected by, the repeal of the eighteenth amendment, and to compromise any such cause of action before or after suit is brought: And provided further, That the Commissioner of Internal Revenue, subject to the approval of the Secretary of the Treasury, shall prescribe all regulations under the provisions of the National Prohibition Act, and all laws amendatory thereof or supplementary thereto, which were not rendered inoperative by the repeal of the eighteenth amendment, relating to permits, and he shall prescribe the form of all applications, bonds, permits, records, and reports under such acts.
13 Editorial note: Executive Order 6390 of Nov. 3, 1933, contains the following provisions:
(1) Upon the transfer from the War Department to the Department of Justice of the function of supervision over the District Court of the United States for the Panama Canal Zone, the said court and its personnel shall continue to receive the perquisites, privileges, and allowances to which they are now entitled and receiving, and the War Department shall continue to furnish, as heretofore, to the court and to its personnel all necessary (a) office quarters, equipment, and facilities, (b) library facilities, and (c) travel facilities, within the Canal Zone; and the War Department shall not require payment from the Department of Justice for such quarters, equipment, and facilities.
(2) The marshal for the Panama Canal Zone shall disburse all funds under the control of the Department of Justice required for the maintenance and operation of the said court and shall give bond for the faithful performance of his duties in such amount as may be fixed by the Attorney General.
(3) This order is not intended to supersede, or in anywise affect, section 4 of Executive Order No. 6166, of June 10, 1933, insofar as said section may become applicable hereto under the provisions of Executive Order No. 6224, of July 27, 1933.
(4) Except as provided in paragraph numbered (3), all prior Executive orders are hereby revoked insofar, and to such extent, as they may be in conflict or inconsistent with this order.
15 Editorial note: Executive Order 6639 of Mar. 10, 1934, revoked Executive Order 6166 insofar as it was in conflict with the provisions of Executive Order 6639. Secs. 1(a), 2(a), and 3(a) of Executive Order 6639 contain the following provisions:
1(a). The Bureau of Industrial Alcohol and the Office of Commissioner of Industrial Alcohol are abolished, and the authority, rights, privileges, powers, and duties conferred and imposed by law upon the Commissioner of Industrial Alcohol are transferred to and shall be held, exercised, and performed by the Commissioner of Internal Revenue, and his assistants, agents, and inspectors, under the direction of the Secretary of the Treasury.
2(a). The official records and papers on file in, and pertaining to the business of, the Bureau of Industrial Alcohol, together with the supplies, furniture, equipment, and other property of the United States in use in such Bureau, are transferred to the Bureau of Internal Revenue.
3(a). The officers and employees employed in, or under the jurisdiction of, the Bureau of Industrial Alcohol, are transferred to the Bureau of Internal Revenue, without change in classification or compensation.
16 Editorial note: The act of Aug. 28, 1935 (49 Stat. 956), which required annual compilation and publication of the Official Register, was repealed by act of July 12, 1960 (74 Stat. 427), and the last Register was published in 1959.
17 Editorial note: The Civil Service Commission was redesignated as the Merit Systems Protection Board by Reorganization Plan No. 2 of 1978, 43 FR 36037, 3 CFR, 1978 Comp., p. 323, effective Jan. 1, 1979.
18 Editorial note: The United States Shipping Board Merchant Fleet Corporation was abolished by act of June 29, 1936 (49 Stat. 1987), and its functions were transferred to the United States Maritime Commission.
19 Editorial note: The Immigration and Naturalization Service was transferred to the Department of Justice by Reorganization Plan No. V of 1940, 5 FR 2223, 3 CFR, 1938-1943 Comp., p. 1304, effective June 14, 1940.