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 parts of the gov- ernment of the District of Columbia other than the courts thereof. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–83 effective Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title. § 903. Reorganization plans (a) Whenever the President, after investiga- tion, finds that changes in the organization of agencies are necessary to carry out any policy set forth in section 901(a) of this title, he shall prepare a reorganization plan specifying the re- organizations 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 func- tions thereof, to the jurisdiction and control of another agency; (2) the abolition of all or a part of the func- tions of an agency, except that no enforce- ment 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 func- tions thereof; (4) the consolidation or coordination of part of an agency or the functions thereof with an- other 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 to- gether 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. (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 Presi- dent 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 in- crease in expenditures (itemized so far as prac- ticable), and describe any improvements in man- agement, delivery of Federal services, execution of the laws, and increases in efficiency of Gov- ernment operations, which it is expected will be realized as a result of the reorganizations in- cluded in the plan. In addition, the President’s message shall include an implementation sec- tion which shall (1) describe in detail (A) the ac- tions necessary or planned to complete the reor- ganization, (B) the anticipated nature and sub- stance of any orders, directives, and other ad- ministrative and operational actions which are expected to be required for completing or imple- menting the reorganization, and (C) any prelimi- nary actions which have been taken in the im- plementation process, and (2) contain a pro- jected timetable for completion of the imple- mentation process. The President shall also sub- mit such further background or other informa- tion as the Congress may require for its consid- eration 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 modifica- tions to the plan, consistent with sections 903–905 of this title, which modifications or revi- sions shall thereafter be treated as a part of the reorganization plan originally transmitted and shall not affect in any way the time limits oth- erwise provided for in this chapter. The Presi- dent 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 90–83, § 1(99), Sept. 11, 1967, 81 Stat. 220; Pub. L. 92–179, § 2, Dec. 10, 1971, 85 Stat. 574; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 30; Pub. L. 98–614, §§ 3(b)(1), (2), 4, Nov. 8, 1984, 98 Stat. 3192, 3193.) 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 consideration of the plan.’’ Subsec. (c). Pub. L. 98–614, § 3(b)(1), (2), substituted ‘‘60 calendar days’’ for ‘‘thirty calendar days’’, and ‘‘90 cal- endar days’’ for ‘‘sixty calendar days’’. 1977—Subsec. (a)(2). Pub. L. 95–17 inserted provision that no enforcement function or statutory program shall be abolished by the plan. Subsec. (b). Pub. L. 95–17 substituted provisions lim- iting to three the number of plans that may be pending before Congress at any one time for provisions limiting to one the number of plans that may be transmitted to Congress within any period of thirty consecutive days and provisions requiring that the President estimate any increase in expenditures and describe any improve- ments in management, delivery of Federal services, execution of laws, and increases in efficiency of Gov- ernment operations expected as a result of the reorga- nizations included in the plan. Subsec. (c). Pub. L. 95–17 added subsec. (c). 1971—Subsec. (a). Pub. L. 92–179, § 2(a), restructured provisions covering requirements of findings of fact and certification by placing in a position preceding par. (1) provisions formerly set out following par. (6). Subsec. (b). Pub. L. 92–179, § 2(b), inserted provisions limiting to one plan within any period of thirty con- secutive days the allowable number of plans submitted. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–83 effective Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title. § 904. Additional contents of reorganization plan A reorganization plan transmitted by the President under section 903 of this title— (1) may, subject to section 905, change, in such cases as the President considers nec- essary, the name of an agency affected by a re- organization and the title of its head, and shall designate the name of an agency result- ing 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 pro- visions are necessary; (3) shall provide for the transfer or other dis- position of the records, property, and per- sonnel affected by a reorganization; (4) shall provide for the transfer of such un- expended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorga- nization, as the President considers necessary by reason of the reorganization for use in con- nection with the functions affected by the re- organization, or for the use of the agency which shall have the functions after the reor- ganization plan is effective; and (5) shall provide for terminating the affairs of an agency abolished. A reorganization plan transmitted by the Presi- dent containing provisions authorized by para- graph (2) of this section may provide that the head of an agency be an individual or a commis- sion 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 exec- utive 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 provi- sions required by paragraph (4) of this section shall provide for the transfer of unexpended bal- ances only if such balances are used for the pur- poses for which the appropriation was originally made. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 395; Pub. L. 92–179, § 3, Dec. 10, 1971, 85 Stat. 575; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 31; Pub. L. 98–614, § 5(b), Nov. 8, 1984, 98 Stat. 3194.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 133z–2. June 20, 1949, ch. 226, § 4, 63 Stat. 204. In paragraph (1), the words ‘‘may change’’ are sub- stituted for ‘‘shall change’’ in view of the discretionary grant of authority reflected by the words ‘‘in such cases as the President considers necessary’’. In paragraph (2), the words ‘‘competitive service’’ are substituted for ‘‘classified civil service’’ to conform to the definition in section 2102. 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.