    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [Legislate Procedures Enacted in Law]
    [Pages 1109-1116]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                  1. Executive Reorganization [5 U.S.C. 902-12]

                              Sec. 902. definitions

      For the purpose of this chapter--

              (1) ``agency'' means--

                      (A) an Executive agency or part thereof; and

                      (B) an office or officer in the executive branch;

            but does include the Government Accountability Office or the

    [[Page 1110]]

            Comptroller General of the United States;

              (2) ``reorganization'' means a transfer, consolidation,

            coordination, authorization, or abolition, referred to in

            section 903 of this title; and

              (3) ``officer'' is not limited by section 2104 of this title.

                                                                Sec. 1130(1)

                         Sec. 903. 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 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 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.
    The President shall transmit the plan (bearing an identification number)
    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.

    [[Page 1111]]

    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.
      (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

      (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 sections 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.

                                      * * *

                         Sec. 905. limitations 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

    [[Page 1112]]

    or more independent regulatory
            departments or two

            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 in transmitted to Congress (in accordance with section
    903(b) of this chapter) on or before December 31, 1984.

        Sec. 906. effective date and publication of reorganization plans

      (a) Except as provided under subsection (c) of this section, a
    reorganization plan shall be effective upon approval by the President of
    a resolution (as defined in section 909) with respect to such plan, if
    such resolution is passed by the House of Representatives and the
    Senate, within the first period of 90 calendar days of continuous
    session of Congress after the date on which the plan is transmitted to
    Congress. Failure of either House to act upon such resolution by the end
    of such period shall be the same as disapproval of the resolution.

      (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

    [[Page 1113]]

            Congress is in continuous session.

      (c) Under 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.

      (d) A reorganization plan which is effective shall be printed (1) in
    the Statutes at Large in the same volume as the public laws and (2) in
    the Federal Register.

    Sec. 908. rules of senate and house of representatives on reorganization
                                      * * *

                                      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 with respect to any

            reorganization plans transmitted to Congress (in accordance with

            section 903(b) of this chapter) on or before December 31, 1984;

            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.

                          Sec. 909. terms of resolution

      For the purpose of sections 908 through 912 of this title,
    ``resolution'' means only a joint resolution of the Congress, the matter
    after the resolving clause of which is as follows: ``That the ___
    Congress approves the reorganization plan numbered _ transmitted to the
    Congress by the President on ___, 19_.'', and includes such
    modifications and revisions as 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 specifies
    more than one reorganization plan.

    [[Page 1114]]

    Sec. 910. introduction and reference of resolution

      (a) No later than the first day of session following the day on which
    a reorganization plan is transmitted to the House of Representatives 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
    Committee on Government Reform of the House, or by a Member of 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
    referred to the Committee on Governmental Affairs of the Senate and the
    Committee on Government Reform of the House (and all resolutions with
    respect to the same plan shall be referred to the same committee) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be. The committee shall make its recommendations to the
    House of Representatives or the Senate, respectively, within 75 calendar
    days of continuous session of Congress following the date of such
    resolution's introduction.

             Sec. 911. discharge of committee considering resolution

    Sec. 912. procedure after report or discharge of committee; debate; vote
      If the committee to which is referred a resolution introduced pursuant
    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 75 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.

                                on final passage

    [[Page 1115]]

    though a previous motion to the same
    effect has been disagreed to) for any Member 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.
      (a) When the committee has reported, or has been deemed to be
    discharged (under section 911) from further consideration of, a
    resolution with respect to a reorganization plan, it is at any time
    thereafter in order (even

      (b) Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than ten hours,
    which shall be divided equally between individuals favoring 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 business, or a motion
    to recommit the resolution is not in order. A motion to reconsider the
    vote by which the resolution is passed or rejected shall not be in
    order.

      (c) Immediately following the conclusion of the debate on the
    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 passage of the
    resolution shall occur.

      (d) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution with
    respect to a reorganization plan shall be decided without debate.

      (e) If, prior to the passage by one House of a resolution of that
    House, that House receives a resolution with respect to the same
    reorganization plan from the other House, then--

              (1) the procedure in that House shall be the same as if no

            resolution had been received from the other House; but

              (2) the vote on final passage shall be on the resolution of

            the other House.

      Section 905(b) was amended by Public Law 98-614 to terminate the
    authority of the President to submit reorganization plans under this
    statute on December 31, 1984. These provisions are carried in this
    compilation because other Acts have incorporated their procedures by
    reference.

    [[Page 1116]]

                                                                Sec. 1130(2)