[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1167-1174]
[From the U.S. Government Publishing Office, www.gpo.gov]
1. Executive Reorganization [5 U.S.C. 902-12]
Sec. 902. definitions
[[Page 1168]]
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
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 1169]]
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.
(b) The President shall have a reorganization plan delivered to both
Houses on the same day and to each House
(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
[[Page 1170]]
(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 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
[[Page 1171]]
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
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
[[Page 1172]]
are to be filled appropriately. The term does not include a resolution
which specifies more than one reorganization plan.
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
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
[[Page 1173]]
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
(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 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.
(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
[[Page 1174]]
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.
Sec. 1130(2)