
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC904]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 9--EXECUTIVE REORGANIZATION
 
Sec. 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 necessary, the name of an agency affected by a 
    reorganization and the title of its head, and shall designate the 
    name of an agency resulting 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 provisions are 
    necessary;
        (3) shall provide for the transfer or other disposition of the 
    records, property, and personnel affected by a reorganization;
        (4) shall provide for the transfer of such unexpended balances 
    of appropriations, and of other funds, available for use in 
    connection with a function or agency affected by a reorganization, 
    as the President considers necessary by reason of the reorganization 
    for use in connection with the functions affected by the 
    reorganization, or for the use of the agency which shall have the 
    functions after the reorganization plan is effective; and
        (5) shall provide for terminating the affairs of an agency 
    abolished.

A reorganization plan transmitted by the President containing provisions 
authorized by paragraph (2) of this section may provide that the head of 
an agency be an individual or a commission 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 executive 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 provisions 
required by paragraph (4) of this section shall provide for the transfer 
of unexpended balances only if such balances are used for the purposes 
for which the appropriation was originally made.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 395; Pub. L. 92-179, Sec. 3, 
Dec. 10, 1971, 85 Stat. 575; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 
Stat. 31; Pub. L. 98-614, Sec. 5(b), Nov. 8, 1984, 98 Stat. 3194.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 133z-2.              June 20, 1949, ch.
                                                    226, Sec.  4, 63
                                                    Stat. 204.
------------------------------------------------------------------------

    In paragraph (1), the words ``may change'' are substituted 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 definitions applicable 
and the style of this title as outlined in the preface to the report.


                               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 appointment of the head of an agency may be by 
the Commissioner 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 contains by moving provisions 
formerly set out in par. (2) to a position following par. (5).

                  Section Referred to in Other Sections

    This section is referred to in section 903 of this title.
