§ 907. — Effect on other laws, pending legal proceedings, and unexpended appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC907]
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
(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rescinded, modified, superseded, or made inapplicable by or under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, Sec. 2,
Apr. 6, 1977, 91 Stat. 32.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
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(a)-(c)............ 5 U.S.C. 133z-7. June 20, 1949, ch.
226, Sec. 9, 63
Stat. 206.
(d)................ 5 U.S.C. 133z-8. June 20, 1949, ch.
226, Sec. 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.
Amendments
1977--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.
