
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: 5USC907]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 9--EXECUTIVE REORGANIZATION
 
Sec. 907. Effect on other laws, pending legal proceedings, and 
        unexpended appropriations
        
    (a) A statute enacted, and a regulation or other action made, 
prescribed, issued, granted, or performed in respect of or by an agency 
or function affected by a reorganization under this chapter, before the 
effective date of the reorganization, has, except to the extent 
rescinded, modified, superseded, or made inapplicable by or under 
authority of law or by the abolition of a function, the same effect as 
if the reorganization had not been made. However, if the statute, 
regulation, or other action has vested the functions in the agency from 
which it is removed under the reorganization plan, the function, insofar 
as it is to be exercised after the plan becomes effective, shall be 
deemed as vested in the agency under which the function is placed by the 
plan.
    (b) For the purpose of subsection (a) of this section, ``regulation 
or other action'' means a regulation, rule, order, policy, 
determination, directive, authorization, permit, privilege, requirement, 
designation, or other action.
    (c) A suit, action, or other proceeding lawfully commenced by or 
against the head of an agency or other officer of the United States, in 
his official capacity or in relation to the discharge of his official 
duties, does not abate by reason of the taking effect of a 
reorganization plan under this chapter. On motion or supplemental 
petition filed at any time within twelve months after the reorganization 
plan takes effect, showing a necessity for a survival of the suit, 
action, or other proceeding to obtain a settlement of the questions 
involved, the court may allow the suit, action, or other proceeding to 
be maintained by or against the successor of the head or officer under 
the reorganization effected by the plan or, if there is no successor, 
against such agency or officer as the President designates.
    (d) The appropriations or portions of appropriations unexpended by 
reason of the operation of the chapter may not be used for any purpose, 
but shall revert to the Treasury.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 396; Pub. L. 95-17, Sec. 2, 
Apr. 6, 1977, 91 Stat. 32.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)-(c)............  5 U.S.C. 133z-7.              June 20, 1949, ch.
                                                    226, Sec.  9, 63
                                                    Stat. 206.
(d)................  5 U.S.C. 133z-8.              June 20, 1949, ch.
                                                    226, Sec.  10, 63
                                                    Stat. 206.
------------------------------------------------------------------------

    In subsections (a) and (c), the words ``the provisions of'' in the 
phrase ``under this chapter'' are omitted as unnecessary.
    In subsection (c), the words ``the suit, action, or other 
proceeding'' are substituted for ``the same''.
    In subsection (d), the words ``shall revert'' are substituted for 
``shall be . . . returned'', and the words ``impounded and'' are omitted 
as unnecessary.
    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

    1977--Subsecs. (a), (b). Pub. L. 95-17 reenacted subsecs. (a) and 
(b) without change.
    Subsec. (c). Pub. L. 95-17 substituted ``twelve months'' for ``12 
months''.
    Subsec. (d). Pub. L. 95-17 reenacted subsec. (d) without change.
