§903 — Title 5 Government Organization and Employees | U.S. Code

Summary

When the President finds that agencies need to be reorganized to carry out the policies in section 901(a), he must write a reorganization plan listing the changes he thinks are needed. The plan can move whole or part of an agency or its duties to another agency, combine or split agency parts or duties, let officers delegate functions, or eliminate agency parts that have no functions. The plan cannot abolish an enforcement role or a statutory program. The President must send the plan to both Houses of Congress the same day and to each House while it is in session. No more than three plans can be pending before Congress at once. The President’s message must name the law that authorizes any abolished functions, estimate any spending increases or decreases, describe expected improvements in management and services, and include a detailed implementation section that lists the actions planned or taken, the orders or directives likely needed, and a timetable for finishing the changes. The President must give any extra background Congress asks for. He may change the plan within 60 calendar days of continuous session of Congress (before certain resolutions are reported); those changes become part of the original plan and do not change the timeline. He may withdraw the plan any time before the end of 90 calendar days of continuous session after submission.

Title 5, §903

Government Organization and Employees — Source: USLM XML via OLRC

(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.

(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 section 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.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 133z–1.June 20, 1949, ch. 226, § 3, 63 Stat. 203. In subsection (a)(5), the words “officer in the civil service or uniformed services” are substituted for “officer” to conform to the definitions in section 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.

Editorial Notes

Amendments

1984—Subsec. (b). Pub. L. 98–614, § 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, § 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, § 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, § 2(b), inserted provisions limiting to one plan within any period of thirty consecutive days the allowable number of plans submitted.

Statutory Notes and Related Subsidiaries

Effective Date

of 1967 AmendmentAmendment 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.

§903 Reorganization Plans