2014 US Code
Title 5 - Government Organization and Employees (Sections 101 - 10210)
Part I - The Agencies Generally (Sections 101 - 913)
Chapter 9 - Executive Reorganization (Sections 901 - 913)
Sec. 907 - Effect on other laws, pending legal proceedings, and unexpended appropriations
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART I - THE AGENCIES GENERALLY CHAPTER 9 - EXECUTIVE REORGANIZATION Sec. 907 - Effect on other laws, pending legal proceedings, and unexpended appropriations |
Contains | section 907 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 396; Pub. L. 95-17, §2, Apr. 6, 1977, 91 Stat. 32. |
Statutes at Large References | 63 Stat. 206 80 Stat. 396 91 Stat. 32 |
Public and Private Laws | Public Law 89-554, Public Law 95-17 |
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(a) A statute enacted, and a regulation or other action made, prescribed, 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by a reorganization under this chapter, before the effective date of the reorganization, has, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, the same effect as if the reorganization had not been made.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.
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 396; Pub. L. 95–17, §2, Apr. 6, 1977, 91 Stat. 32.)
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | 5 U.S.C. 133z–7. | June 20, 1949, ch. 226, §9, 63 Stat. 206. |
(d) | 5 U.S.C. 133z–8. | June 20, 1949, ch. 226, §10, 63 Stat. 206. |
In subsections (a) and (c), the words "the provisions of" in the phrase "under this chapter" are omitted as unnecessary.
In subsection (c), the words "the suit, action, or other proceeding" are substituted for "the same".
In subsection (d), the words "shall revert" are substituted for "shall be . . . returned", and the words "impounded and" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
AMENDMENTS1977—Subsecs. (a), (b). Pub. L. 95–17 reenacted subsecs. (a) and (b) without change.
Subsec. (c). Pub. L. 95–17 substituted "twelve months" for "12 months".
Subsec. (d). Pub. L. 95–17 reenacted subsec. (d) without change.
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