### §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.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| (a) | 5 U.S.C. 133z–3(a). | June 20, 1949, ch. 226, §5(a), 63 Stat. 205.July 2, 1964, Pub. L. 88–351, §2, 78 Stat. 240. |
| (b) | 5 U.S.C. 133z–3(b). | June 20, 1949, ch. 226, §5(b), 63 Stat. 205. |
| | | Feb. 11, 1953, ch. 3, 67 Stat. 4. |
| | | Mar. 25, 1955, ch. 16, 69 Stat. 14. |
| | | Sept. 4, 1957, Pub. L. 85–286, §1, 71 Stat. 611. |
| | | Apr. 7, 1961, Pub. L. 87–18, 75 Stat. 41. |
| | | July 2, 1964, Pub. L. 88–351, §1, 78 Stat. 240. |
| | | June 18, 1965, Pub. L. 89–43, 79 Stat. 135. |

Statutes at Large

July 2, 1964, Pub. L. 88–351, §2, 78 Stat. 240.

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

1984—Subsec. (a)(1). Pub. L. 98–614, §5(a)(1), inserted "or renaming an existing executive department".

Subsec. (a)(5) to (7). Pub. L. 98–614, §5(a)(2), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

Subsec. (b). Pub. L. 98–614, §2(a), substituted "(in accordance with section 903(b)) on or before December 31, 1984" for "within four years of the date of enactment of the Reorganization Act of 1977".

1980—Subsec. (b). Pub. L. 96–230 substituted "four years" for "three years".

1977—Subsec. (a)(1). Pub. L. 95–17 substituted "an executive department or independent regulatory agency," for "an Executive department" and "or more executive departments or two or more independent regulatory agencies," for "or more Executive departments".

Subsec. (a)(6), (7). Pub. L. 95–17 redesignated par. (7) as (6). Former par. (6), which related to limitation on reorganization plans that have effect of transferring to or consolidating with another agency the government of the District of Columbia or all the functions thereof which are subject to this chapter, or abolishing that government or all those functions, was struck out.

Subsec. (b). Pub. L. 95–17 substituted "within three years of the date of enactment of the Reorganization Act of 1977" for "before April 1, 1973".

1971—Subsec. (a)(7). Pub. L. 92–179, §4(a), added par. (7).

Subsec. (b). Pub. L. 92–179, §4(b), substituted "April 1, 1973" for "April 1, 1971".

1969—Subsec. (b). Pub. L. 91–5 substituted "April 1, 1971" for "December 31, 1968".

#### **Statutory Notes and Related Subsidiaries**

#### Plan for Transportation Department Reorganization

Pub. L. 104–50, title III, §335, Nov. 15, 1995, 109 Stat. 458, provided in part that, notwithstanding section 905(b) of this section, the President could prepare and transmit to Congress not later than the date for transmittal of the Budget Request for Fiscal Year 1997, a reorganization plan, pursuant to chapter 9 of this title, for the Department of Transportation surface transportation activities and the relationship of the Saint Lawrence Seaway Development Corporation to the Department.