5 USC 905 - Limitation on powers

U.S Code last checked for updates: Nov 22, 2024

§ 905.

Limitation 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 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 is transmitted to Congress (in accordance with section 903(b)) on or before December 31, 1984.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 396; Pub. L. 91–5, Mar. 27, 1969, 83 Stat. 6; Pub. L. 92–179, § 4, Dec. 10, 1971, 85 Stat. 576; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 31; Pub. L. 96–230, Apr. 8, 1980, 94 Stat. 329; Pub. L. 98–614, §§ 2(a), 5(a), Nov. 8, 1984, 98 Stat. 3192, 3193.)

cite as: 5 USC 905