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

Summary

Laws, rules, and other official actions made before a government reorganization keep working the same after the change, unless they are changed or canceled. If a law or rule gave authority to the old agency and the reorganization moves that job, the authority goes with the job to the new agency for actions after the plan takes effect. "Regulation or other action" here means things like rules, orders, policies, permits, or decisions. A lawsuit already started against an agency head does not stop because of the reorganization. Within 12 months after the plan takes effect, a court can allow the case to continue against the new official or the agency the President names. Any unspent appropriations must be returned to the Treasury.

Title 5, §907

Government Organization and Employees — Source: USLM XML via OLRC

(a)A statute enacted, and a regulation or other action made, prescribed, 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by a reorganization under this chapter, before the effective date of the reorganization, has, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, the same effect as if the reorganization had not been made.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.

(b)For the purpose of subsection (a) of this section, “regulation or other action” means a regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action.

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)–(c)5 U.S.C. 133z–7.

June 20, 1949, ch. 226, § 9, 63 Stat. 206. (d)5 U.S.C. 133z–8.

June 20, 1949, ch. 226, § 10, 63 Stat. 206. In subsections (a) and (c), the words “the provisions of” in the phrase “under this chapter” are omitted as unnecessary. In subsection (c), the words “the suit, action, or other proceeding” are substituted for “the same”. In subsection (d), the words “shall revert” are substituted for “shall be . . . returned”, and the words “impounded and” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1977—Subsecs. (a), (b). Pub. L. 95–17 reenacted subsecs. (a) and (b) without change. Subsec. (c). Pub. L. 95–17 substituted “twelve months” for “12 months”. Subsec. (d). Pub. L. 95–17 reenacted subsec. (d) without change.

§907 Effect on Other Laws, Pending Legal Proceedings, and Unexpended Appropriations