5 U.S.C. § 902 — Definitions

Page 239 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 902 as to employees separated from service under sections 2 and 15, ante, until Sept. 30, 1933, by Ex. Ord. No. 6227 of July 27, 1933. As to employees separated under sec- tion 12, ante, a similar deferment to Sept. 30, 1933, was made by Ex. Ord. No. 6245 of Aug. 9, 1933. § 20. APPROPRIATIONS Such portions of the unexpended balances of appro- priations 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 abol- ished 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. § 21. DEFINITIONS As used in this order— ‘‘Agency’’ means any commission, independent estab- lishment, board, bureau, division, service, or office in the executive branch of the Government. ‘‘Abolished agency’’ means any agency which is abol- ished, transferred, or consolidated. ‘‘Successor agency’’ means any agency to which is transferred some other agency or function, or which re- sults from the consolidation of other agencies or func- tions. ‘‘Function disposed of’’ means any function elimi- nated or transferred. § 22. EFFECTIVE DATE In accordance with law, this order shall become effec- tive 61 days from its date: Provided, That in case it shall appear to the President that the interests of econ- omy require that any transfer, consolidation, or elimi- nation be delayed beyond the date this order becomes effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time. (Promulgated June 10, 1933.) [Postponements of effective date of certain transfers, etc., see notes under the various sections of this Execu- tive Order effecting those transfers, etc.] Executive Order No. 7261, promulgated December 31, 1935, provided that ‘‘except as hereinafter provided, the transfers, consolidations, and eliminations con- templated by section 4 of Executive Order No. 6166 of June 10, 1933, as amended, which are not effected prior to December 31, 1935, pursuant to Executive Order No. 6224 of July 27, 1933, Executive Order No. 6540 of Decem- ber 28, 1933, Executive Order No. 6727 of May 29, 1934, Executive Order No. 6927 of December 21, 1934, and Ex- ecutive Order No. 7077 of June 15, 1935, together with the operation of all other provisions of Executive Order No. 6166 of June 10, 1933, as amended, in so far as they relate to said section 4, be further delayed until June 30, 1936: Provided, that any transfer, consolidation, or elimination, in whole or in part, under said section 4, including any other provisions of the said order of June 10, 1933, in so far as they relate to section 4 thereof, may be made operative and effective between December 31, 1935, and June 30, 1936, by order of the Secretary of the Treasury, approved by the President.’’ Executive Order No. 7980, promulgated September 29, 1938, provided: ‘‘That the transfers, consolidations, and eliminations contemplated by section 4 of Executive Order No. 6166 of June 10, 1933, as amended, together with the operation of all other provisions of Executive Order No. 6166 of June 10, 1933, as amended, so far as they relate to the said section 4, be further delayed until December 31, 1938, with respect to the function of disbursement now exercised by United States Marshals under the Department of Justice.’’ Functions relating to disbursement by United States marshals which would otherwise have become functions of Treasury Department on July 1, 1940, by virtue of Ex. Ord. No. 6166, as amended, were transferred to and vest- ed in Department of Justice to be exercised by United States marshals under supervision of Attorney General in accordance with existing statutes pertaining to such functions, by Reorg. Plan No. IV of 1940, § 3, eff. June 30, 1940. See, also, sections 13–15 of said plan for provisions relating to transfer of functions of department heads, records, property, personnel, and funds. Functions relating to disbursement of postal reve- nues and all other funds under jurisdiction of Post Of- fice Department, Postmaster General, and Board of Trustees of Postal Savings System which would other- wise have become functions of Treasury Department on July 1, 1940, by virtue of Ex. Ord. No. 6166, as amended, set out in note under this section, were transferred to and vested in (a) said Board of Trustees as to postal savings disbursements, and (b) Post Office Department as to all other disbursements involved, such functions to be exercised by postmasters and other authorized disbursing agents of Post Office Department and of Postal Savings System in accordance with existing statutes pertaining to such functions, by Reorg. Plan No. IV of 1940, § 4, eff. June 30, 1940. See, also, sections 13–15 of said plan for provisions relating to transfer of functions of department heads, records, property, per- sonnel, and funds. Public Buildings Branch of Procurement Division and its functions and personnel were transferred to Public Buildings Administration, and functions of Secretary of Agriculture and Director of Procurement Division relating to administration thereof and to selection of sites for public buildings were transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, §§ 301, 303, effective July 1, 1939. See also sections 307–310 of said plan for provisions relating to transfer of records, property, funds, and personnel. § 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 Account- ability Office or the Comptroller General of the United States; (2) ‘‘reorganization’’ means a transfer, con- solidation, coordination, authorization, or abolition, referred to in section 903 of this title; and (3) ‘‘officer’’ is not limited by section 2104 of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 90–83, § 1(98), Sept. 11, 1967, 81 Stat. 220; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 30; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (1) ............. 5 U.S.C. 133z–5. June 20, 1949, ch. 226, § 7, 63 Stat. 205. (2) ............. 5 U.S.C. 133z–6. June 20, 1949, ch. 226, § 8, 63 Stat. 206. In paragraph (1)(A), the words ‘‘an Executive agency or part thereof’’ are coextensive with and substituted for ‘‘any executive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, . . . authority, admin- istration, or other establishment, in the executive branch of the Government’’ and to conform to the defi- nition in section 105. In paragraph (1)(B), the words ‘‘an office or officer in the civil service or uniformed services in or under an Executive agency’’ are substituted for ‘‘office, officer, . . . in the executive branch of the Government’’ to 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.)