
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: 5USC905]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 9--EXECUTIVE REORGANIZATION
 
Sec. 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 
    department 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 function which is not 
    expressly authorized by law at the time the plan is transmitted to 
    Congress;
        (5) creating a new agency which is not a component or part of an 
    existing executive department 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 consistent subject 
    matter.

    (b) A provision contained in a reorganization plan may take effect 
only if the plan is transmitted 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, Sec. 4, Dec. 10, 1971, 85 Stat. 576; 
Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 31; Pub. L. 96-230, Apr. 
8, 1980, 94 Stat. 329; Pub. L. 98-614, Secs. 2(a), 5(a), Nov. 8, 1984, 
98 Stat. 3192, 3193.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 133z-3(a).           June 20, 1949, ch.
                                                    226, Sec.  5(a), 63
                                                    Stat. 205.
                                                   July 2, 1964, Pub. L.
                                                    88-351, Sec.  2, 78
                                                    Stat. 240.
(b)................  5 U.S.C. 133z-3(b).           June 20, 1949, ch.
                                                    226, Sec.  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, Sec.  1,
                                                    71 Stat. 611.
                     ............................  Apr. 7, 1961, Pub. L.
                                                    87-18, 75 Stat. 41.
                     ............................  July 2, 1964, Pub. L.
                                                    88-351, Sec.  1, 78
                                                    Stat. 240.
                     ............................  June 18, 1965, Pub.
                                                    L. 89-43, 79 Stat.
                                                    135.
------------------------------------------------------------------------

    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--Subsec. (a)(1). Pub. L. 98-614, Sec. 5(a)(1), inserted ``or 
renaming an existing executive department''.
    Subsec. (a)(5) to (7). Pub. L. 98-614, Sec. 5(a)(2), added par. (5) 
and redesignated former pars. (5) and (6) as (6) and (7), respectively.
    Subsec. (b). Pub. L. 98-614, Sec. 2(a), substituted ``(in accordance 
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 executive 
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, Sec. 4(a), added par. (7).
    Subsec. (b). Pub. L. 92-179, Sec. 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''.


            Plan for Transportation Department Reorganization

    Pub. L. 104-50, title III, Sec. 335, Nov. 15, 1995, 109 Stat. 458, 
provided in part that: ``notwithstanding 5 U.S.C. 905(b), the President 
may prepare and transmit to Congress not later than the date for 
transmittal to Congress of the Budget Request for Fiscal Year 1997, a 
reorganization plan pursuant to chapter 9 of title 5, United States 
Code, for the reorganization of the surface transportation activities of 
the Department of Transportation and the relationship of the Saint 
Lawrence Seaway Development Corporation to the Department.''

                  Section Referred to in Other Sections

    This section is referred to in sections 903, 904 of this title; 
title 22 section 6601.
