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S. 626 (95th): Reorganization Act

The text of the bill below is as of Apr 6, 1977 (Passed Congress).


PUBLIC LAW 95-17—APR. 6, 1977                                     91 STAT. 29

Public Law 95-17
95th Congress
                                     An Act
To reestablish the period within which the President may transmit to the             Apr. 6. 1977
  Congress plans for the reorganization of agencies of the executive branch of         [S. 626]
  the Government, and for other purposes.

   Be it enacted by the Seriate and House of Representatives of the
United States of America in Congress assembled, That this Act may be Reorganization
cited as the "Reorganization Act of 1977".                              Act of 1977.
   SEC. 2. Chapter 9 of title 5, United States Code, is amended to read 5 u s e 901 note.
as follows:
           "Chapter 9.—EXECUTIVE REORGANIZATION
"Sec.                                                                                   ^    ,.     •:
"901.   Purpose.
"902.   Definitions.
"903.   Reorganization plans.
"904.   Additional contents of reorganization plan.
"905.   Limitations on powers.
"906.   Effective date and publication of reorganization plans.
"907.   Effect on other laws, pending legal proceedings, and unexpended appropria-
          tions.
"908.   Rules of Senate and House of Representatives on reorganization plans.
"909.   Terms of resolution.
"910.   Introduction and reference of resolution.
"911.   Discharge of committee considering resolution.
"912.   Procedure after report or discharge of committee; debate; vote on final
          disapproval.
"§ 901. Purpose                                                          5 USC 901.
  "(a) The Congress declares that it is the policy of the United
States—
        "(1) to promote the better execution of the laws, the more
     effective management of the executive branch and of its agencies
     and functions, and the expeditious administration of the public
     business;
        " (2) to reduce expenditures and promote economy to the fullest
     extent consistent with the efficient operation of the Gfovernment ;
        "(3) to increase the efficiency of the operations of the Govern-
     ment to the fullest extent practicable;
        "(4) to group, coordinate, and consolidate agencies and func-
     tions of the Government, as nearly as may be, according to major
     purposes;
        "^5) to reduce the number of agencies by consolidating those
     having similar functions under a single head, and to abolish such
     agencies or functions thereof as may not be necessary for the effi-
     cient conduct of the Government; and
        " (6) to eliminate overlapping and duplication of effort.
  "(b) Congress declares that the public interest demands the carry-
ing out of the purposes of subsection (a) of this section and that the
purposes may be accomplished in great measure by proceeding under
this chapter, and can be accomplished more speedily thereby than by
the enactment of specific legislation.
   "(c) I t is the intent of Congress that the President should provide Citizen advice
appropriate means for broad citizen advice and participation in and participation,
restructuring and reorganizing the executive branch.

91 STAT. 30 PUBLIC LAW 95-17—APR. 6, 1977 Examination of "(d) The President shall from time to time examine the organiza- organizationofall tion of all agencies and shall determine what changes in such organi- agencies. zation are necessary to cany out any policy set forth in subsection (a) of this section. ^* .. 5 use 902. "§ 902. Definitions "For the purpose of this chapter— "(1) 'agency'means— " (A) an Executive agency or pait thereof; and "• (B) an office or officer in the executive branch; but does not include the (xeneral Accounting Office or the Comp- troller (leneral of the United States; "(2) 'reorganization' means a transfer, consolidation, coordina- tion, authorization, or abolition, referred to in section 903 of this title; and "(3) 'officer' is not limited by section 2104 of this title. 5 use 903. ' § 9€3. 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 reorganiza- tion 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 a 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. Transmittal to The President shall transmit the plan (bearing an identification num- eongress. b^r) 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 Con- gress 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.
PUBLIC LAW 95-17—APR. 6, 1977 91 STAT, 31 "(c) Any time during the period of thirty calendar days of con- Amendments or tinuous session of Congress after the date on which the plan is trans- modifications. mitted to it, but before any resolution described in section 909 has been ordered reported in either House, the President may make amend- ments or modifications to the plan, consistent with sections 903-905 of this title, which modifications or levisions 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 Withdrawal. conclusion of sixty calendar days of continuous session of Congress following the date on which the plan is submitted to Congress. "§904. Additional contents of reorganization plan 5 use 904. "A icorganizati<m plan ti-ansmitted by the President under section 90;? of this title— "(1) may change, in such cases as the President considers neces- sary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency result- ing from a reorganization and the title of its head; "(2) may provide for the appointment and pay of the head and one or more officefs of any agency (including an agency resulting from a consolidation or other type of reorganization) if the Presi- dent finds, and in his message transmitting the plan declares, that by reason of u 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 pi'ovide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connec- tion 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 aff'ected by the reorganiza- tion, or for the use of the agency which shall have the functions aftei- 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 provi- sions 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 pro- visions 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. "§905. Limitation on powers 5 use 905. "(a) A reorganization plan may not provide for, and a reorganiza- tion under this chapter may not have the effect of— "(1) creating a new executive department, abolishing or trans- ferrmg 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; 29-194 0 - 8 0
91 STAT. 32 PUBLIC LAW 95-17—APR. 6, 1977 " (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 ter- minated 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) increasing the term of an office beyond that provided by law for the office; or "(6) dealing with more than one logically consistent subject M^ M matter. " (b) A provision contained in a reorganization plan may take effect only if the plan is transmitted to Congress within three years of the Ante, p. 29. date of enactment of the Reorganization Act of 1977. 5 use 906. "§906. Effective date and publication of reorganization plans "(a) Except as otherwise provided under subsection (c) of this sec- tion, a reorganization plan is effective at the end of the first period of sixty calendar days of continuous session of Congress after the date on which the plan is transmitted to it unless, between the date of trans- mittal and the end of the sixty-day period, either House passes a resolution stating in substance that the House does not favor the reorganization plan. " (b) For the purpose of this chapter— "(1) continuity of session is broken only by an adjournment of Congress sine die; and "(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Con- gress is in continuous session. "(c) LTnder provisions contained in a reorganization plan, any provision thereof may be effective at a time later than the date on which the plan otherwise is effective or, if both Houses of Congress have defeated a resolution of disapproval, may be effective at a time earlier than the expiration of the sixty-day period required by sub- section (a). Printing in "(d) A reorganization plan which is effective shall be printed (1) Statutes at Large in the Statutes at Large in the same volume as the public laws and (2) and Federal in the Federal Register. Register. 5 u s e 907. "§ 907. Effect on other laws, pending legal proceedings, and unex- pended appropriations "(a) A statute enacted, and a regulation or other action made, pre- scribed, 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 reorga- .50v \jt\} c nization 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. "Regulation or "(b) For the purpose of subsection (a) of this section, 'regulation other action." or other action' means a regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action.
PUBLIC LAW 95-17—APR. 6, 1977 91 STAT. 33 "(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. "§908. Rules of Senate and House of Representatives on reorga- 5 use 908. nization plans "Sections 909 through 912 of this title are enacted by Congress— " (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by section 909 of this title; and they supersede other rules only to the extent that they are inconsistent therewith; and "(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. "§909. Terms of resolution 5 use 909. "For the purpose of sections 908 through 912 of this title, 'resolu- "Resolution." tion' means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: 'That the does not favor the reorganization plan numbered transmitted to the Congress by the President on , 19 .', and includes such modifications and revisions as are submitted by the President under section 903(c) of this chapter. The blank spaces therein are to be filled appropriately. The term does not include a resolution which -.1- specifies more than one reorganization plan. "§910. Introduction and reference of resolution 5 use 910. "(a) No later than the first day of session following the day on which a reorganization plan is transmitted to the House of Repre- sentatives and the Senate under section 903, a resolution, as defined in section 909, shall be introduced (by request) in the House by the chairman of the Government Operations Committee of the House, or by a Member or Members of the House designated by such chairman; and shall be introduced (by request) in the Senate by the chairman of the Governmental Affairs Committee of the Senate, or by a Member or Members of the Senate designated by such chairman. "(b) A resolution with respect to a reorganization plan shall be Referral to referred to the Committee on Governmental Affairs of the Senate congressional and the Committee on Government Operations of the House (and all committees by President of the resolutions with respect to the same plan shall be referred to the same Senate or committee) by the President of the Senate or the Speaker of the Speaker of the House of Representatives, as the case may be. The committee shall House. make its recommendations to the House of Representatives or the
91 STAT. 34 PUBLIC LAW 95-17—APR. 6, 1977 Senate, respectively, within 45 calendar days of continuous session of Congress following the date of such resolution's introduction. 5 use 911. "§ 911. Discharge of committee considering resolution "If the committee to which is referred a resolution introduced pur- suant to subsection (a) of section 910 (or, in the absence of such a ; resolution, the first resolution introduced with respect to the same reorganization plan) has not reported such resolution or identical resolution at the end of 45 calendar days of continuous session of Congress after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. 5 use 912. "§ 912. Procedure after report or discharge of committee; debate; vote on final disapproval <,,a "(a) AVhen the committee has reported, or has been deemed to be discharged (under section 911) from further consideration of, a reso- lution with respect to a reorganization plan, it is at any time there- after in order (even though a previous motion to the same effect has been disagreed to) for any ]\lember of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. Debate, "(b) Debate on the resolution, and on all debatable motions and limitation. a]>peals in connection therewith, shall be limited to not more than ten hours, Avhich shall be divided equally between individuals favoring : jj. .< and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other busi- iiess, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to shall not be in order. Vote on final "(c) Immediately following the conclusion of the debate on the approval. resolution with respect to a reorganization plan, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final approval of the reso- j)i'' 3 "to lution shall occur.
PUBLIC LAW 95-17—APR. 6, 1977 91 STAT. 35 '"(d) Appeals from the decisions of the Chair relating to the appli- Appeals, cation of the rules of the SeJiate or the House of Representatives, as the case may be. to the procedure relating to a resolution with res[)eot to a reorganization plan shall be decided without debate,"'. Approved April 6, 1977. • LEGISLATIVE HISTORY: HOUSE REPORT No. 95-105 accompanying H.R. 5045 (Comm. on Government Operations). SENATE REPORT No. 95-32 (Comm. on Government Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 3, considered and passed Senate. Mar. 29, considered and passed House, amended, in lieu of H.R. 5045. Mar. 31, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 15: Apr. 6, Presidential statement.