§ 905. Limitation on powers

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(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.)

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Connections3 cite this

Cited by 3 sections

U.S. Code

statutes-at-large

Public Law 95–17
To reestablish the period within which the President may transmit to the Congress plans for the reorganization of agencies of the executive branch of the Government, and for other purposes

20 references not yet in our index

Pub. L. 89–554
80 Stat. 396
Pub. L. 91–5
83 Stat. 6
Pub. L. 92–179, § 4
85 Stat. 576
Pub. L. 95–17, § 2
91 Stat. 31
Pub. L. 96–230
94 Stat. 329
Pub. L. 98–614
98 Stat. 3192
Pub. L. 98–614, § 5(a)(1)
Pub. L. 98–614, § 5(a)(2)
Pub. L. 98–614, § 2(a)
Pub. L. 95–17
Pub. L. 92–179, § 4(a)
Pub. L. 92–179, § 4(b)
Pub. L. 104–50, title III, § 335
109 Stat. 458

Citation graph

cites case law

§ 905

Limitation on powers

U.S.C.×2

Stat.×1

Pub. L.Pub. L. 89–554

Stat.80 Stat. 396

Pub. L.Pub. L. 91–5

Stat.83 Stat. 6

Pub. L.Pub. L. 92–179, § 4

Cites 20 · showing 5Cited by 3 across 2 sources