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

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. Page 242 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 905 Editorial Notes AMENDMENTS 1984—Par. (1). Pub. L. 98–614 inserted ‘‘, subject to section 905,’’. 1977—Pub. L. 95–17 struck out in provisions following par. (5) exception that, in the case of an officer of the government of the District of Columbia, the appoint- ment of the head of an agency may be by the Commis- sioner or other body of that government designated in the plan. 1971—Pub. L. 92–179 revised the form of the provisions covering the elements which a reorganization plan con- tains by moving provisions formerly set out in par. (2) to a position following par. (5). § 905. Limitation on powers (a) A reorganization plan may not provide for, and a reorganization under this chapter may not have the effect of— (1) creating a new executive department or renaming an existing executive department, abolishing or transferring an executive depart- ment or independent regulatory agency, or all the functions thereof, or consolidating two or more executive departments or two or more independent regulatory agencies, or all the functions thereof; (2) continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made; (3) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made; (4) authorizing an agency to exercise a func- tion which is not expressly authorized by law at the time the plan is transmitted to Con- gress; (5) creating a new agency which is not a component or part of an existing executive de- partment or independent agency; (6) increasing the term of an office beyond that provided by law for the office; or (7) dealing with more than one logically con- sistent subject matter. (b) A provision contained in a reorganization plan may take effect only if the plan is trans- mitted to Congress (in accordance with section 903(b)) on or before December 31, 1984. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 396; Pub. L. 91–5, Mar. 27, 1969, 83 Stat. 6; Pub. L. 92–179, § 4, Dec. 10, 1971, 85 Stat. 576; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 31; Pub. L. 96–230, Apr. 8, 1980, 94 Stat. 329; Pub. L. 98–614, §§ 2(a), 5(a), Nov. 8, 1984, 98 Stat. 3192, 3193.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 133z–3(a). June 20, 1949, ch. 226, § 5(a), 63 Stat. 205. July 2, 1964, Pub. L. 88–351, § 2, 78 Stat. 240. (b) ............. 5 U.S.C. 133z–3(b). June 20, 1949, ch. 226, § 5(b), 63 Stat. 205. Feb. 11, 1953, ch. 3, 67 Stat. 4. Mar. 25, 1955, ch. 16, 69 Stat. 14. Sept. 4, 1957, Pub. L. 85–286, § 1, 71 Stat. 611. HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large Apr. 7, 1961, Pub. L. 87–18, 75 Stat. 41. July 2, 1964, Pub. L. 88–351, § 1, 78 Stat. 240. June 18, 1965, Pub. L. 89–43, 79 Stat. 135. 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 AMENDMENTS 1984—Subsec. (a)(1). Pub. L. 98–614, § 5(a)(1), inserted ‘‘or renaming an existing executive department’’. Subsec. (a)(5) to (7). Pub. L. 98–614, § 5(a)(2), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Subsec. (b). Pub. L. 98–614, § 2(a), substituted ‘‘(in ac- cordance with section 903(b)) on or before December 31, 1984’’ for ‘‘within four years of the date of enactment of the Reorganization Act of 1977’’. 1980—Subsec. (b). Pub. L. 96–230 substituted ‘‘four years’’ for ‘‘three years’’. 1977—Subsec. (a)(1). Pub. L. 95–17 substituted ‘‘an ex- ecutive department or independent regulatory agency,’’ for ‘‘an Executive department’’ and ‘‘or more executive departments or two or more independent regulatory agencies,’’ for ‘‘or more Executive departments’’. Subsec. (a)(6), (7). Pub. L. 95–17 redesignated par. (7) as (6). Former par. (6), which related to limitation on reorganization plans that have effect of transferring to or consolidating with another agency the government of the District of Columbia or all the functions thereof which are subject to this chapter, or abolishing that government or all those functions, was struck out. Subsec. (b). Pub. L. 95–17 substituted ‘‘within three years of the date of enactment of the Reorganization Act of 1977’’ for ‘‘before April 1, 1973’’. 1971—Subsec. (a)(7). Pub. L. 92–179, § 4(a), added par. (7). Subsec. (b). Pub. L. 92–179, § 4(b), substituted ‘‘April 1, 1973’’ for ‘‘April 1, 1971’’. 1969—Subsec. (b). Pub. L. 91–5 substituted ‘‘April 1, 1971’’ for ‘‘December 31, 1968’’. Statutory Notes and Related Subsidiaries PLAN FOR TRANSPORTATION DEPARTMENT REORGANIZATION Pub. L. 104–50, title III, § 335, Nov. 15, 1995, 109 Stat. 458, provided in part that, notwithstanding section 905(b) of this section, the President could prepare and transmit to Congress not later than the date for trans- mittal of the Budget Request for Fiscal Year 1997, a re- organization plan, pursuant to chapter 9 of this title, for the Department of Transportation surface transpor- tation activities and the relationship of the Saint Law- rence Seaway Development Corporation to the Depart- ment. § 906. Effective date and publication of reorga- nization plans (a) Except as provided under subsection (c) of this section, a reorganization plan shall be effec- tive upon approval by the President of a resolu- tion (as defined in section 909) with respect to such plan, if such resolution is passed by the House of Representatives and the Senate, within the first period of 90 calendar days of continuous session of Congress after the date on which the plan is transmitted to Congress. Failure of ei-