§ 905. — Limitations on powers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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
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(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.
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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 6 section 542; title 22 section 6601.
