5 U.S.C. § 912 — Procedure after report or discharge of

Page 245 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 912 the Senate, or by a Member or Members of the Senate designated by such chairman. (b) A resolution with respect to a reorganiza- tion plan shall be referred to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House (and all resolutions with respect to the same plan shall be referred to the same com- mittee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. The committee shall make its rec- ommendations to the House of Representatives or the Senate, respectively, within 75 calendar days of continuous session of Congress following the date of such resolution’s introduction. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 397; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 33; Pub. L. 98–614, § 3(b)(3), Nov. 8, 1984, 98 Stat. 3192.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 133z–12. June 20, 1949, ch. 226, § 203, 63 Stat. 207. 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. (b). Pub. L. 98–614 substituted ‘‘75 cal- endar days’’ for ‘‘45 calendar days’’. 1977—Pub. L. 95–17 substituted ‘‘Introduction and ref- erence of resolution’’ for ‘‘Reference of resolution to committee’’ in section catchline, designated existing provisions as subsec. (b), substituted ‘‘the Committee on Governmental Affairs of the Senate and the Com- mittee on Government Operations of the House’’ for ‘‘a committee’’ and inserted requirement that the Com- mittee shall make its recommendation to the House or Senate within 45 calendar days of continuous session of Congress following the date of a resolution’s introduc- tion, and added subsec. (a). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Rep- resentatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 911. Discharge of committee considering resolu- tion If the committee to which is referred a resolu- tion introduced pursuant to subsection (a) of section 910 (or, in the absence of such a resolu- tion, the first resolution introduced with respect to the same reorganization plan) has not re- ported such resolution or identical resolution at the end of 75 calendar days of continuous session of Congress after its introduction, such com- mittee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appro- priate calendar of the House involved. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 397; Pub. L. 92–179, § 5, Dec. 10, 1971, 85 Stat. 576; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 34; Pub. L. 98–614, § 3(b)(4), Nov. 8, 1984, 98 Stat. 3192.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 133z–13. June 20, 1949, ch. 226, § 204, 63 Stat. 207. In subsection (a), the words ‘‘at the end of 10 calendar days . . . it is’’ are substituted for ‘‘before the expira- tion of ten calendar days . . . it shall then (but not be- fore) be’’. In subsection (b), the words ‘‘A motion to discharge’’ are substituted for ‘‘Such motion’’. 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—Pub. L. 98–614 substituted ‘‘75 calendar days’’ for ‘‘45 calendar days’’. 1977—Pub. L. 95–17 substituted provisions deeming the committee discharged from further consideration of a resolution where that committee has not reported the resolution within 45 days of continuous session of Congress after the resolution’s introduction for provi- sions permitting a motion to discharge a committee where the committee considering a resolution has not reported the resolution within 20 calendar days after the resolution’s introduction, provisions permitting a motion to discharge to be made only by an individual favoring the resolution and limiting debate to 1 hour, and provisions prohibiting a renewal of a motion to dis- charge where the original motion was agreed to or dis- agreed to or the making of another motion with respect to a resolution from the same reorganization plan. 1971—Subsec. (a). Pub. L. 92–179 substituted ‘‘20 cal- endar days’’ for ‘‘10 calendar days’’. § 912. Procedure after report or discharge of committee; debate; vote on final passage (a) When the committee has reported, or has been deemed to be discharged (under section 911) from further consideration of, a resolution with respect to a reorganization plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolu- tion. The motion is highly privileged and is not debatable. The motion shall not be subject to Page 246 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES [§ 913 amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished busi- ness of the respective House until disposed of. (b) Debate on the resolution, and on all debat- able motions and appeals in connection there- with, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a mo- tion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is passed or rejected shall not be in order. (c) Immediately following the conclusion of the debate on the resolution with respect to a reorganization plan, and a single quorum call at the conclusion of the debate if requested in ac- cordance with the rules of the appropriate House, the vote on final passage of the resolu- tion shall occur. (d) Appeals from the decisions of the Chair re- lating to the application of the rules of the Sen- ate or the House of Representatives, as the case may be, to the procedure relating to a resolu- tion with respect to a reorganization plan shall be decided without debate. (e) If, prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same reorganiza- tion plan from the other House, then— (1) the procedure in that House shall be the same as if no resolution had been received from the other House; but (2) the vote on final passage shall be on the resolution of the other House. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 34; Pub. L. 98–614, § 3(d), (e)(1), (2), Nov. 8, 1984, 98 Stat. 3193.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 133z–14. June 20, 1949, ch. 226, § 205, 63 Stat. 207. 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—Pub. L. 98–614, § 3(e)(2), substituted ‘‘passage’’ for ‘‘disapproval’’ in section catchline. Subsec. (b). Pub. L. 98–614, § 3(d)(1), substituted ‘‘passed or rejected’’ for ‘‘agreed to or disagreed to’’. Subsec. (c). Pub. L. 98–614, § 3(d)(2), substituted ‘‘final passage’’ for ‘‘final approval’’. Subsec. (e). Pub. L. 98–614, § 3(e)(1), added subsec. (e). 1977—Pub. L. 95–17 inserted ‘‘; vote on final dis- approval’’ after ‘‘debate’’ in section catchline. Subsec. (a). Pub. L. 95–17 inserted provisions that a motion to discharge a committee is not subject to a motion to postpone or to a motion to proceed to the consideration of other business and that if a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. Subsec. (b). Pub. L. 95–17 inserted provisions that a motion to postpone or a motion to proceed to the con- sideration of other business is not in order. Subsec. (c). Pub. L. 95–17 added subsec. (c). Subsec. (d). Pub. L. 95–17 added subsec. (d) which pro- visions were formerly set out in section 913(b) of this title. [§ 913. Omitted] Editorial Notes CODIFICATION Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 398, pro- viding for decision without debate with respect to mo- tions to postpone, motions to proceed to the consider- ation of other business, and appeals from decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, was omitted in the general amendment of this chapter by Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 29. See section 912 of this title. CHAPTER 10—FEDERAL ADVISORY COMMITTEES Sec. 1001. Definitions. 1002. Findings and declarations. 1003. Applicability. 1004. Responsibilities of congressional committees. 1005. Responsibilities of the President. 1006. Responsibilities of the Administrator. 1007. Responsibilities of agency heads. 1008. Establishment and purpose of advisory com- mittees. 1009. Advisory committee procedures. 1010. Availability of transcripts. 1011. Fiscal and administrative provisions. 1012. Responsibilities of Library of Congress. 1013. Termination of advisory committees. 1014. Requirements relating to National Academy of Sciences and National Academy of Public Administration. § 1001. Definitions In this chapter: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of General Services. (2) ADVISORY COMMITTEE.— (A) IN GENERAL.—The term ‘‘advisory com- mittee’’ means a committee, board, commis- sion, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as ‘‘committee’’) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Gov- ernment and that is— (i) established by statute or reorganiza- tion plan; (ii) established or utilized by the Presi- dent; or (iii) established or utilized by one or more agencies. (B) EXCLUSIONS.—The term ‘‘advisory com- mittee’’ excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, offi- cers or employees of the Federal Govern- ment; and