§ 904. — Additional contents of reorganization plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 133z-2. June 20, 1949, ch.
226, Sec. 4, 63
Stat. 204.
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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.
