Reorganization Act
PL 95-17 (S.626), enacted 04/06/1977

PUBLIC LAW 95-17—APR. 6, 1977 
91 STAT. 29 
Public Law 95-17 
95th Congress 
An Act 
Apr. 6. 1977 
[S. 626] 
Reorganization 
Act of 1977. 
5 u s e 901 note. 
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. 
Be it enacted by the Seriate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Reorganization Act of 1977". 
SEC. 2. Chapter 9 of title 5, United States Code, is amended to read 
as follows: 
"Chapter 9.—EXECUTIVE REORGANIZATION 
"Sec. 
^ 
, . 
•: 
"901. Purpose. 
"902. Definitions. 
"903. Reorganization plans. 
"904. Additional contents of reorganization plan. 
"905. Limitations on powers. 
"906. Effective date and publication of reorganization plans. 
"907. Effect on other laws, pending legal proceedings, and unexpended appropria-
tions. 
"908. Rules of Senate and House of Representatives on reorganization plans. 
"909. Terms of resolution. 
"910. Introduction and reference of resolution. 
"911. Discharge of committee considering resolution. 
"912. Procedure after report or discharge of committee; debate; vote on final 
disapproval. 
"§ 901. Purpose 
5 U
S
C 901. 
"(a) The Congress declares that it is the policy of the United 
States— 
"(1) to promote the better execution of the laws, the more 
effective management of the executive branch and of its agencies 
and functions, and the expeditious administration of the public 
business; 
" (2) to reduce expenditures and promote economy to the fullest 
extent consistent with the efficient operation of the Gfovernment ; 
"(3) to increase the efficiency of the operations of the Govern-
ment to the fullest extent practicable; 
"(4) to group, coordinate, and consolidate agencies and func-
tions of the Government, as nearly as may be, according to major 
purposes; 
"^5) to reduce the number of agencies by consolidating those 
having similar functions under a single head, and to abolish such 
agencies or functions thereof as may not be necessary for the effi-
cient conduct of the Government; and 
" (6) to eliminate overlapping and duplication of effort. 
"(b) Congress declares that the public interest demands the carry-
ing out of the purposes of subsection (a) of this section and that the 
purposes may be accomplished in great measure by proceeding under 
this chapter, and can be accomplished more speedily thereby than by 
the enactment of specific legislation. 
"(c) It is the intent of Congress that the President should provide Citizen advice 
appropriate means for broad citizen advice and participation in and participation, 
restructuring and reorganizing the executive branch. 
91 STAT. 30 
PUBLIC LAW 95-17—APR. 6, 1977 
Examination of 
"(d) The President shall from time to time examine the organiza-
organizationofall tion of all agencies and shall determine what changes in such organi-
agencies. 
zation are necessary to cany out any policy set forth in subsection (a) 
of this section. 
^
* 
.. 
5 use 902. 
"§ 902. Definitions 
"For the purpose of this chapter— 
"(1) 'agency'means— 
" (A) an Executive agency or pait thereof; and 
"
• (B) an office or officer in the executive branch; 
but does not include the (xeneral Accounting Office or the Comp-
troller (leneral of the United States; 
"(2) 'reorganization' means a transfer, consolidation, coordina-
tion, authorization, or abolition, referred to in section 903 of this 
title; and 
"(3) 'officer' is not limited by section 2104 of this title. 
5 use 903. 
' § 9€3. 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 reorganiza-
tion 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 or a 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. 
Transmittal to 
The President shall transmit the plan (bearing an identification num-
eongress. 
b^r) 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. 
"(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 Con-
gress 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. 
PUBLIC LAW 95-17—APR. 6, 1977 
91 STAT, 31 
"(c) Any time during the period of thirty calendar days of con-
tinuous session of Congress after the date on which the plan is trans-
mitted to it, but before any resolution described in section 909 has 
been ordered reported in either House, the President may make amend-
ments or modifications to the plan, consistent with sections 903-905 of 
this title, which modifications or levisions 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 sixty calendar days of continuous session of Congress 
following the date on which the plan is submitted to Congress. 
"§904. Additional contents of reorganization plan 
"A icorganizati<m plan ti-ansmitted by the President under section 
90;? of this title— 
"(1) may change, in such cases as the President considers neces-
sary, the name of an agency affected by a reorganization and the 
title of its head, and shall designate the name of an agency result-
ing from a reorganization and the title of its head; 
"(2) may provide for the appointment and pay of the head and 
one or more officefs of any agency (including an agency resulting 
from a consolidation or other type of reorganization) if the Presi-
dent finds, and in his message transmitting the plan declares, that 
by reason of u reorganization made by the plan the provisions are 
necessary; 
"(3) shall provide for the transfer or other disposition of the 
records, property, and personnel affected by a reorganization; 
"(4) shall pi'ovide for the transfer of such unexpended balances 
of appropriations, and of other funds, available for use in connec-
tion with a function or agency affected by a reorganization, as the 
President considers necessary by reason of the reorganization for 
use in connection with the functions aff'ected by the reorganiza-
tion, or for the use of the agency which shall have the functions 
aftei- the reorganization plan is effective; and 
"(5) shall provide for terminating the affairs of an agency 
abolished. 
A reorganization plan transmitted by the President containing provi-
sions authorized by paragraph (2) of this section may provide that the 
head of an agency be an individual or a commission or board with more 
than one member. In the case of an appointment of the head of such an 
agency, the term of office may not be fixed at more than four years, the 
pay may not be at a rate in excess of that found by the President to be 
applicable to comparable officers in the executive branch, and if the 
appointment is not to a position in the competitive service, it shall be 
by the President, by and with the advice and consent of the Senate. 
Any reorganization plan transmitted by the President containing pro-
visions required by paragraph (4) of this section shall provide for 
the transfer of unexpended balances only if such balances are used for 
the purposes for which the appropriation was originally made. 
"§905. Limitation on powers 
"(a) A reorganization plan may not provide for, and a reorganiza-
tion under this chapter may not have the effect of— 
"(1) creating a new executive department, abolishing or trans-
ferrmg 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; 
Amendments or 
modifications. 
Withdrawal. 
5 use 904. 
5 use 905. 
29-194 
0 - 8 0 
91 STAT. 32 
PUBLIC LAW 95-17—APR. 6, 1977 
M^ M 
Ante, p. 29. 
5 use 906. 
Printing in 
Statutes at Large 
and Federal 
Register. 
5 u s e 907. 
.50v \jt\} c 
"Regulation or 
other action." 
" (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 ter-
minated 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) increasing the term of an office beyond that provided by 
law for the office; or 
"(6) 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 within three years of the 
date of enactment of the Reorganization Act of 1977. 
"§906. Effective date and publication of reorganization plans 
"(a) Except as otherwise provided under subsection (c) of this sec-
tion, a reorganization plan is effective at the end of the first period of 
sixty calendar days of continuous session of Congress after the date 
on which the plan is transmitted to it unless, between the date of trans-
mittal and the end of the sixty-day period, either House passes a 
resolution stating in substance that the House does not favor the 
reorganization plan. 
" (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 Con-
gress is in continuous session. 
"(c) LTnder 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 or, if both Houses of Congress 
have defeated a resolution of disapproval, may be effective at a time 
earlier than the expiration of the sixty-day period required by sub-
section (a). 
"(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. 
"§ 907. Effect on other laws, pending legal proceedings, and unex-
pended appropriations 
"(a) A statute enacted, and a regulation or other action made, pre-
scribed, issued, granted, or performed in respect of or by an agency or 
function affected by a reorganization under this chapter, before the 
effective date of the reorganization, has, except to the extent rescinded, 
modified, superseded, or made inapplicable by or under authority of 
law or by the abolition of a function, the same effect as if the reorga-
nization had not been made. However, if the statute, regulation, or 
other action has vested the functions in the agency from which it is 
removed under the reorganization plan, the function, insofar as it is 
to be exercised after the plan becomes effective, shall be deemed as 
vested in the agency under which the function is placed by the plan. 
"(b) For the purpose of subsection (a) of this section, 'regulation 
or other action' means a regulation, rule, order, policy, determination, 
directive, authorization, permit, privilege, requirement, designation, 
or other action. 
PUBLIC LAW 95-17—APR. 6, 1977 
91 STAT. 33 
"(c) A suit, action, or other proceeding lawfully commenced by 
or against the head of an agency or other officer of the United States, 
in his official capacity or in relation to the discharge of his official 
duties, does not abate by reason of the taking effect of a reorganization 
plan under this chapter. On motion or supplemental petition filed at 
any time within twelve months after the reorganization plan takes 
effect, showing a necessity for a survival of the suit, action, or other 
proceeding to obtain a settlement of the questions involved, the court 
may allow the suit, action, or other proceeding to be maintained by 
or against the successor of the head or officer under the reorganization 
effected by the plan or, if there is no successor, against such agency or 
officer as the President designates. 
"(d) The appropriations or portions of appropriations unexpended 
by reason of the operation of the chapter may not be used for any 
purpose, but shall revert to the Treasury. 
"§908. Rules of Senate and House of Representatives on reorga-
nization 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 described by section 909 of 
this title; 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. 
"§909. Terms of resolution 
"For the purpose of sections 908 through 912 of this title, 'resolu-
tion' means only a resolution of either House of Congress, the matter 
after the resolving clause of which is as follows: 'That the 
does 
not favor the reorganization plan numbered 
transmitted to 
the Congress by the President on 
, 19 .', and includes such 
modifications and revisions as are 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. 
"§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 Repre-
sentatives 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 Government Operations Committee of the House, or 
by a Member or 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 Operations 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 
.-. ) 
5 use 908. 
5 use 909. 
"Resolution." 
-.1-
5 use 910. 
Referral to 
congressional 
committees by 
President of the 
Senate or 
Speaker of the 
House. 
91 STAT. 34 
PUBLIC LAW 95-17—APR. 6, 1977 
Senate, respectively, within 45 calendar days of continuous session of 
Congress following the date of such resolution's introduction. 
5 use 911. 
"§ 911. Discharge of committee considering resolution 
"If the committee to which is referred a resolution introduced pur-
suant 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 45 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. 
5 use 912. 
"§ 912. Procedure after report or discharge of committee; debate; 
vote on final disapproval 
<,,a 
"(a) AVhen the committee has reported, or has been deemed to be 
discharged (under section 911) from further consideration of, a reso-
lution with respect to a reorganization plan, it is at any time there-
after in order (even though a previous motion to the same effect has 
been disagreed to) for any ]\lember 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. 
Debate, 
"(b) Debate on the resolution, and on all debatable motions and 
limitation. 
a]>peals in connection therewith, shall be limited to not more than ten 
hours, Avhich shall be divided equally between individuals favoring 
: jj. 
.
.
< 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 busi-
iiess, or a motion to recommit the resolution is not in order. A motion 
to reconsider the vote by which the resolution is agreed to or disagreed 
to shall not be in order. 
Vote on 
final 
"(c) Immediately following the conclusion of the debate on the 
approval. 
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 approval of the reso-
j)i'' 3 "to 
lution shall occur. 
PUBLIC LAW 95-17—APR. 6, 1977 
91 STAT. 35 
'"(d) Appeals from the decisions of the Chair relating to the appli- Appeals, 
cation of the rules of the SeJiate or the House of Representatives, as 
the case may be. to the procedure relating to a resolution with res[)eot 
to a reorganization plan shall be decided without debate,"'. 
Approved April 6, 1977. 
• 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-105 accompanying H.R. 5045 (Comm. on Government 
Operations). 
SENATE REPORT No. 95-32 (Comm. on Government Affairs). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Mar. 3, considered and passed Senate. 
Mar. 29, considered and passed House, amended, in lieu of H.R. 5045. 
Mar. 31, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 15: 
Apr. 6, Presidential statement.