
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC903]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 9--EXECUTIVE REORGANIZATION
 
Sec. 903. Reorganization plans

    (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, 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.
    (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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 90-83, Sec. 1(99), 
Sept. 11, 1967, 81 Stat. 220; Pub. L. 92-179, Sec. 2, Dec. 10, 1971, 85 
Stat. 574; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 30; Pub. L. 98-
614, Secs. 3(b)(1), (2), 4, Nov. 8, 1984, 98 Stat. 3192, 3193.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 133z-1.              June 20, 1949, ch.
                                                    226, Sec.  3, 63
                                                    Stat. 203.
------------------------------------------------------------------------

    In subsection (a)(5), the words ``officer in the civil service or 
uniformed services'' are substituted for ``officer'' 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 definitions 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 formerly appearing in the source statute 
(sec. 3(5) of the Reorganization Act of 1949). In this regard, the 
explanation appearing in section 1(98) of this bill is equally 
applicable to this section.


                               Amendments

    1984--Subsec. (b). Pub. L. 98-614, Sec. 4, inserted ``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.''
    Subsec. (c). Pub. L. 98-614, Sec. 3(b)(1), (2), substituted ``60 
calendar days'' for ``thirty calendar days'', and ``90 calendar 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 limiting 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 improvements in management, delivery of 
Federal services, execution of laws, and increases in efficiency of 
Government operations expected as a result of the reorganizations 
included in the plan.
    Subsec. (c). Pub. L. 95-17 added subsec. (c).
    1971--Subsec. (a). Pub. L. 92-179, Sec. 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, Sec. 2(b), inserted provisions limiting 
to one plan within any period of thirty consecutive days the allowable 
number of plans submitted.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 902, 904, 905, 908, 909, 910 
of this title.
