§ 903. — Reorganization plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 133z-1. June 20, 1949, ch.
226, Sec. 3, 63
Stat. 203.
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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.
