PocketLaw | USC 5 | Effective date and publication of reorganization

Effective date and publication of reorganization plans

Checkout our iOS App for a better way to browser and research.

§906. Effective date and publication of reorganization plans

(a) Except as provided under subsection (c) of this section, a reorganization plan shall be effective upon approval by the President of a resolution (as defined in section 909) with respect to such plan, if such resolution is passed by the House of Representatives and the Senate, within the first period of 90 calendar days of continuous session of Congress after the date on which the plan is transmitted to Congress. Failure of either House to act upon such resolution by the end of such period shall be the same as disapproval of the resolution.

(b) For the purpose of this chapter-

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

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

(c) Under provisions contained in a reorganization plan, any provision thereof may be effective at a time later than the date on which the plan otherwise is effective.

(d) A reorganization plan which is effective shall be printed (1) in the Statutes at Large in the same volume as the public laws and (2) in the Federal Register.

( Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 396 ; Pub. L. 95–17, §2, Apr. 6, 1977, 91 Stat. 32 ; Pub. L. 98–614, §3(a), Nov. 8, 1984, 98 Stat. 3192 .)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)–(c)	5 U.S.C. 133z–4.	June 20, 1949, ch. 226, §6, 63 Stat. 205 . Sept. 4, 1957, Pub. L. 85–286, §2, 71 Stat. 611 .
(d)	5 U.S.C. 133z–9.	June 20, 1949, ch. 226, §11, 63 Stat. 206 .

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

1984-Subsec. (a). Pub. L. 98–614, §3(a)(1), struck out "otherwise" before "provided under subsection (c)", substituted "shall be" for "is" before "effective", and substituted "upon approval by the President of a resolution (as defined in section 909) with respect to such plan, if such resolution is passed by the House of Representatives and the Senate, within the first period of 90 calendar days of continuous session of Congress after the date on which the plan is transmitted to Congress. Failure of either House to act upon such resolution by the end of such period shall be the same as disapproval of the resolution" for "at the end of the first period of sixty calendar days of continuous session of Congress after the date on which the plan is transmitted to it unless, between the date of transmittal and the end of the sixty-day period, either House passes a resolution stating in substance that the House does not favor the reorganization plan."

Subsec. (c). Pub. L. 98–614, §3(a)(2), struck out before period at end "or, if both Houses of Congress have defeated a resolution of disapproval, may be effective at a time earlier than the expiration of the sixty-day period required by subsection (a)".

1977-Subsec. (a). Pub. L. 95–17 substituted "sixty" for "60" in two places.

Subsec. (b). Pub. L. 95–17 substituted in provisions preceding par. (1) "this chapter" for "subsection (a) of this section" and in par. (2) "any period of time in which Congress is in continuous session" for "the 60-day period".

Subsec. (c). Pub. L. 95–17 inserted provision that if both Houses of Congress have defeated a resolution of disapproval, the provision of a reorganization plan may be effective at a time earlier than the expiration of the sixty-day period required by subsec. (a).

Subsec. (d). Pub. L. 95–17 reenacted subsec. (d) without change.

Ratification and Affirmation of Prior Reorganization Plans as Law; Actions Taken Pursuant to Such Plans

Pub. L. 98–532, Oct. 19, 1984, 98 Stat. 2705 , provided that:

"Section 1. The Congress hereby ratifies and affirms as law each reorganization plan that has, prior to the date of enactment of this Act [Oct. 19, 1984], been implemented pursuant to the provisions of chapter 9 of title 5, United States Code, or any predecessor Federal reorganization statute.

"Sec. 2. Any actions taken prior to the date of enactment of this Act [Oct. 19, 1984] pursuant to a reorganization plan that is ratified and affirmed by section 1 shall be considered to have been taken pursuant to a reorganization expressly approved by Act of Congress."

Download our app to see the most-to-date content.