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5 U.S.C. § 903 — Reorganization plans

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 903 — Reorganization plans

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Source file: Laws/federal/codes/united-states-code/title-5/section-903-reorganization-plans--a9d139ebd4.md
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Source location: Title 5, Chapter 9, § 903; chapter-009-executive-reorganization.md

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**(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 on the same day and to each House while it is in session, except that no more than three plans may be pending before the Congress at one time. In his message transmitting a reorganization plan, the President shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function. The message shall also estimate any reduction or increase in expenditures (itemized so far as practicable), and describe any improvements in management, delivery of Federal services, execution of the laws, and increases in efficiency of Government operations, which it is expected will be realized as a result of the reorganizations included in the plan. In addition, the President’s message shall include an implementation section which shall (1) describe in detail (A) the actions necessary or planned to complete the reorganization, (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 projected 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 consideration of the plan. **(c)** Any time during the period of 60 calendar days of continuous session of Congress after the date on which the plan is transmitted to it, but before any resolution described in section 909 has been ordered reported in either House, the President may make amendments or modifications to the plan, consistent with sections 903–905 of this title, which modifications or revisions shall thereafter be treated as a part of the reorganization plan originally transmitted and shall not affect in any way the time limits otherwise provided for in this chapter. The President may withdraw the plan any time prior to the conclusion of 90 calendar days of continuous session of Congress following the date on which the plan is submitted to Congress.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5102 — Definitions; application

**(a)** For the purpose of this chapter— (1) “agency” means— (A) an Executive agency; (B) the Library of Congress; (C) the Botanic Garden; (D) the Government Publishing Office; (E) the Office of the Architect of the Capitol; and (F) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) the Virgin Islands Corporation; (iv) the Atomic Energy Commission; (v) the Central Intelligence Agency; (vi) the National Security Agency, Department of Defense; (vii) the Government Accountability Office; (viii) the Office of the Director of National Intelligence; (ix) the Defense Intelligence Agency, Department of Defense; or (x) the National Geospatial-Intelligence Agency, Department of Defense; (2) “employee” means an individual employed in or under an agency; (3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee; (4) “class” or “class of positions” includes all positions which are sufficiently similar, as to— (A) kind or subject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administration; and (5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to— (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. **(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17157 — Requirements for eligible entities

**(a) Construction requirement** (1) **In general** — To be eligible to receive a grant under the program, each eligible applicant shall submit to the Secretary a written assurance that all laborers and mechanics employed by any contractor or subcontractor of the eligible entity during any construction, alteration, or repair activity funded, in whole or in part, by the grant shall be paid wages at rates not less than the prevailing wages for similar construction activities in the locality, as determined by the Secretary of Labor, in accordance with sections 3141 through 3144, 3146, and 3147 of title 40. (2) **Secretary of Labor** — With respect to the labor standards referred to in paragraph (1), the Secretary of Labor shall have the authority and functions described in— (A) Reorganization Plan Numbered 14 of 1950 ([5 U.S.C. 903](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section903&num=0&edition=prelim) note); 11 See References in Text note below. and (B) [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim). **(b) Eligible units of local government and Indian tribes** (1) **Proposed strategy** (A) *In general* — Not later than 1 year after the date on which an eligible unit of local government or Indian tribe receives a grant under this part, the eligible unit of local government or Indian tribe shall submit to the Secretary a proposed energy efficiency and conservation strategy in accordance with this paragraph. (B) *Inclusions* — The proposed strategy under subparagraph (A) shall include— (i) a description of the goals of the eligible unit of local government or Indian tribe, in accordance with the purposes of this part, for increased energy effi

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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 Accountability Office or the Comptroller General of the United States; (2) “reorganization” means a transfer, consolidation, coordination, authorization, or abolition, referred to in [section 903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section903&num=0&edition=prelim); and (3) “officer” is not limited by [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2104&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 904 — Additional contents of reorganization plan

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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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 903 — Reorganization plans

Page 240 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 903 conform to the definitions in sections 105, 2101, and 2104. 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 This section amends section 902 of title 5, United States Code, so as to preserve the application of the source statute for section 902 (sec. 7 of the Reorganiza- tion Act of 1949). In the codification of title 5 by Public Law 89–554, that application was inadvertently re- stricted due to the operation of section 2104 of title 5, providing a title-wide definition of ‘‘officer.’’ Briefly, that section defines ‘‘officer’’ as a civil appointive offi- cer of the Federal Government. In the Reorganization Act of 1949, the word ‘‘officer’’ was not defined, and has been construed to include not only civil appointive offi- cers, but uniformed officers, the President, and officers of the government of the District of Columbia. Thus, this section amends section 902 of title 5 by inserting a paragraph providing that the title-wide definition of of- ficer is inapplicable to chapter 9 of title 5. Also, para- graph (1)(B) of section 902 is amended so that the word- ing thereof is identical to that formerly appearing in section 7 of the Reorganization Act of 1949. Editorial Notes CODIFICATION Section 902(a) of former Title 5, Executive Depart- ments and Government Officers and Employees, was transferred to section 60e–2(b) of Title 2, The Congress. AMENDMENTS 2004—Par. (1). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in concluding provisions. 1977—Par. (1)(C). Pub. L. 95–17 struck out subpar. (C) which defined ‘‘agency’’ as any and all part

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