ich it is expected will be realized as a result of the reorganizations cluded in the plan. (c) Any time during the period of thirty calendar days of conuous session of Congress after the date on which the plan is transtted to it, but before any resolution described in section 909 has en ordered reported in either House, the President may make amendents or modifications to the plan, consistent with sections 903-905 of is title, which modifications or revisions shall thereafter be treated - a part of the reorganization plan originally transmitted and shall t affect in any way the time limits otherwise provided for in this apter. The President may withdraw the plan any time prior to the nclusion of sixty calendar days of continuous session of Congress llowing the date on which the plan is submitted to Congress. (Pub. . 95-17, Apr. 6, 1977, 91 Stat. 31.)

904. Additional contents of reorganization plan

A reorganization plan transmitted by the President under section 3 of this title

(1) may change, in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name on an agency resulting from a reorganization and the title of its head;

(2) may provide for the appointment and pay of the head and one or more officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a 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 provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection 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 affected by the reorganization, or for the use of the agency which shall have the functions after 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 provisions 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 han 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 provisions 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. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 31.)

§ 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 ferring an executive department or independent regulator agency, or all the functions thereof, or consolidating two or mor executive departments or two or more independent regulator agencies, or all the functions thereof;

(2) continuing an agency beyond the period authorized by la for its existence or beyond the time when it would have terminate if the reorganization had not been made;

(3) continuing a function beyond the period authorized b law for its exercise or beyond the time when it would have te minated if the reorganization had not been made;

(4) authorizing an agency to exercise a function which is n expressly authorized by law at the time the plan is transmitted: Congress;

(5) increasing the term of an office beyond that provided t law for the office; or

(6) dealing with more than one logically consistent subjec matter.

(b) A provision contained in a reorganization plan may take effe only if the plan is transmitted to Congress within four years of th date of enactment of the Reorganization Act of 1977. (Pub. L. 95-1 Apr. 6, 1977, 91 Stat. 32; amended Pub. L. 96-230, Apr. 8, 1980, & Stat. 329.)

§ 906. Effective date and publication of reorganization plans

(a) Except as otherwise provided under subsection (c) of this se tion, a reorganization plan is effective at the end of the first period d sixty calendar days of continuous session of Congress after the date which the plan is transmitted to it unless, between the date of tra mittal and the end of the sixty-day period, either House passes a res lution stating in substance that the House does not favor the reorgan zation plan.

(b) For the purpose of this chapter

(1) continuity of session is broken only by an adjournment Congress sine die; and

(2) the days on which either House is not in session because an adjournment of more than three days to a day certain are e cluded in the computation of any period of time in which Congre is in continuous session.

(c) Under provisions contained in a reorganization plan, any pro sion thereof may be effective at a time later than the date on which t plan otherwise is effective or, if both Houses of Congress have defeate a resolution of disapproval, may be effective at a time earlier than th expiration of the sixty-day period required by subsection (a).

(d) A reorganization plan which is effective shall be printed (1): the Statutes at Large in the same volume as the public laws and (2): the Federal Register. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 32.)

§ 907. Effect on other laws, pending legal proceedings, and uner pended appropriations

(a) A statute enacted, and a regulation or other action made, pr scribed, issued, granted, or performed in respect of or by an agency

ย

nction affected by a reorganization under this chapter, before the fective date of the reorganization, has, except to the extent rescinded, odified, superseded, or made inapplicable by or under authority of w or by the abolition of a function, the same effect as if the reorgazation had not been made. However, if the statute, regulation, or her action has vested the functions in the agency from which it is moved under the reorganization plan, the function, insofar as it is be exercised after the plan becomes effective, shall be deemed as sted in the agency under which the function is placed by the plan. (b) For the purpose of subsection (a) of this section, "regulation or her action" means a regulation, rule, order, policy, determination, rective, authorization, permit, privilege, requirement, designation, or her action.

(c) A suit, action, or other proceeding lawfully commenced by or gainst the head of an agency or other officer of the United States, in s official capacity or in relation to the discharge of his official duties, oes not abate by reason of the taking effect of a reorganization plan ider this chapter. On motion or supplemental petition filed at any me within twelve months after the reorganization plan takes effect, owing a necessity for a survival of the suit, action, or other proceedg to obtain a settlement of the questions involved, the court may allow e suit, action, or other proceeding to be maintained by or against the Iccessor of the head or officer under the reorganization effected by the lan or, if there is no successor, against such agency or officer as the resident designates.

(d) The appropriations or portions of appropriations unexpended y reason of the operation of the chapter may not be used for any purose, but shall revert to the Treasury. (Pub. L. 95–17, Apr. 6, 1977, 91 tat. 33.)

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 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 (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 33.)

909. Terms of resolution

does

For the purpose of sections 908 through 912 of this title, "resoluion" means only a resolution of either House of Congress, the matter fter the resolving clause of which is as follows: "That the not favor the reorganization plan numbered Congress by the President on

transmitted to the 19", and includes such modiications and revisions as are submitted by the President under section 903 (c) of this chapter. The blank spaces therein are to be filled appro

priately. The term does not include a resolution which specifies more than one reorganization plan. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 33.) § 910. Introduction and reference of resolution

(a) No later than the first day of session following the day or 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 al 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 shal make its recommendations to the House of Representatives or the Senate, respectively, within 45 calendar days of continuous session of Congress following the date of such resolution's introduction. (Pub. L 95-17, Apr. 6, 1977, 91 Stat. 34.)

§ 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 resolution, the first resolution introduced with respect to the sam reorganization plan) has not reported such resolution or identical resolution at the end of 45 calendar days of continuous session d Congress after its introduction, such committee shall be deemed to b discharged from further consideration of such resolution and suc resolution shall be placed on the appropriate calendar of the Hous involved. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 34.)

§ 912. Procedure after report or discharge of committee; debate vote on final disapproval

(a) When the committee has reported, or has been deemed to be discharged (under section 911) from further consideration of, a res 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 h been disagreed to) for any Member of the respective House to mor to proceed to the consideration of the resolution. The motion is high privileged and is not debatable. The motion shall not be subject t amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote b which the motion is agreed to or disagreed to shall not be in orde If a motion to proceed to the consideration of the resolution is agree to, the resolution shall remain the unfinished business of the respectin 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 te 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 agreed to or disagreed to 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 approval of the resolution shall occur. (Pub. L. 95–17, Apr. 6, 1977, 91 Stat. 34.)

(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. (Pub. L. 9517, April 6, 1977, 91 Stat. 35.)