Page:United States Statutes at Large Volume 91.djvu/65

 PUBLIC LAW 95-17—APR. 6, 1977

91 STAT, 31

"(c) Any time during the period of thirty calendar days of con- Amendments or tinuous session of Congress after the date on which the plan is trans- modifications. mitted to it, but before any resolution described in section 909 has been ordered reported in either House, the President may make amendments 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 Withdrawal. conclusion of sixty calendar days of continuous session of Congress following the date on which the plan is submitted to Congress. 5 USC 904. "§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 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 officefs 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 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 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 aff'ected 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. 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. "§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, 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;

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5 USC 905.

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