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5 U.S.C. § 904 — Additional contents of reorganization plan
Federal law — U.S. Code and appendices · legal_authorities
A reorganization plan transmitted by the President under [section 903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section903&num=0&edition=prelim)—
(1) may, subject to section 905, change, in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency resulting from a reorganization and the title of its head;
(2) may provide for the appointment and pay of the head and one or more officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary;
(3) shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization;
(4) shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the functions after the reorganization plan is effective; and
(5) shall provide for terminating the affairs of an agency abolished.
A reorganization plan transmitted by the President containing provisions authorized by paragraph (2) of this section may provide that the head of an agency be an individual or a commission or board with more than one member. In the case of an appointment of the head of such an agency, the term of office may not be fixed at more than four years, the pay may not
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Source file: Laws/federal/codes/united-states-code/title-5/section-904-additional-contents-of-reorganization-plan--ce23afd90d.md
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Source location: Title 5, Chapter 9, § 904; chapter-009-executive-reorganization.md
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A reorganization plan transmitted by the President under [section 903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section903&num=0&edition=prelim)—
(1) may, subject to section 905, change, in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency resulting from a reorganization and the title of its head;
(2) may provide for the appointment and pay of the head and one or more officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary;
(3) shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization;
(4) shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the functions after the reorganization plan is effective; and
(5) shall provide for terminating the affairs of an agency abolished.
A reorganization plan transmitted by the President containing provisions authorized by paragraph (2) of this section may provide that the head of an agency be an individual or a commission or board with more than one member. In the case of an appointment of the head of such an agency, the term of office may not be fixed at more than four years, the pay may not be at a rate in excess of that found by the President to be applicable to comparable officers in the executive branch, and if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate. Any reorganization plan transmitted by the President containing provisions required by paragraph (4) of this section shall provide for the transfer of unexpended balances only if such balances are used for the purposes for which the appropriation was originally made.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the President, after investigation, finds that changes in the organization of agencies are necessary to carry out any policy set forth in [section 901(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section901/a&num=0&edition=prelim), he shall prepare a reorganization plan specifying the reorganizations he finds are necessary. Any plan may provide for—
(1) the transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency;
(2) the abolition of all or a part of the functions of an agency, except that no enforcement function or statutory program shall be abolished by the plan;
(3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof;
(4) the consolidation or coordination of part of an agency or the functions thereof with another part of the same agency or the functions thereof;
(5) the authorization of an officer to delegate any of his functions; or
(6) the abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions.
The President shall transmit the plan (bearing an identification number) to the Congress together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to carry out any policy set forth in [section 901(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section901/a&num=0&edition=prelim).
**(b)** The President shall have a reorganization plan delivered to both Houses o
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Federal law — U.S. Code and appendices · legal_authorities
Except as hereinafter provided the reorganization of the customs service made by the President and communicated to Congress under date of March 3, 1913, shall, until otherwise provided by Congress, constitute the permanent organization of the customs service.
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Federal law — U.S. Code and appendices · legal_authorities
Page 241
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 904
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 133z–1.
June 20, 1949, ch. 226, § 3, 63
Stat. 203.
In subsection (a)(5), the words ‘‘officer in the civil
service or uniformed services’’ are substituted for ‘‘offi-
cer’’ to conform to the definitions in sections 2101 and
2104.
In subsection (b), the words ‘‘The President shall
have a reorganization plan delivered’’ as substituted for
‘‘The delivery . . . shall be’’.
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.
1967 ACT
Section 1(99) amends section 903(a)(5) of title 5,
United States Code, to conform to the wording for-
merly appearing in the source statute (sec. 3(5) of the
Reorganization Act of 1949). In this regard, the expla-
nation appearing in section 1(98) of this bill is equally
applicable to this section.
Editorial Notes
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–614, § 4, inserted ‘‘In addi-
tion, the President’s message shall include an imple-
mentation section which shall (1) describe in detail (A)
the actions necessary or planned to complete the reor-
ganization, (B) the anticipated nature and substance of
any orders, directives, and other administrative and
operational actions which are expected to be required
for completing or implementing the reorganization,
and (C) any preliminary actions which have been taken
in the implementation process, and (2) contain a pro-
jected timetable for completion of the implementation
process. The President shall also submit such further
background or other information as the Congress may
require for its considerat
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