Page:United States Statutes at Large Volume 85.djvu/605

 85 STAT. ]

PUBLIC LAW 92-179-DEC. 10, 1971

575

"(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. The President shall transmit the plan (bearing an identification num- co^'Jr"s"!"^^'° ber) 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." ^;''/' P- " 4. 80 Stat. 394, (b) Section 903(b) of such title is amended by inserting after "and to each House while it is in session" a comma and the following: "and furthermore shall not transmit more than one such plan to Congress within any period of thirty consecutive days". SEC. 3. Section 904 of title 5, Laiited States Code, is amended to read as follows: "§ 904. Additional contents of reorganization plans "A reorganization plan transmitted by the President under section 903 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 of 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 an 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 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, except that, in the case of an officer of the government of the District of Columbia, it may be by the Commissioner or other body or officer of that government designated in the plan. 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 Avas originallv made."

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