republic-os/legal/us/code/title-05/chapter-9/section-907.md

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LegalText	5 U.S.C. § 907	Effect on other laws, pending legal proceedings, and unexpended appropriations	us	united_states_code	code_section	5	GOVERNMENT ORGANIZATION AND EMPLOYEES	9	EXECUTIVE REORGANIZATION	907	5 U.S.C. § 907	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip	/us/usc/t5/s907	data/legal/raw/us/code/title-05/usc05.xml	690afe4fbfbc3836e03e17cc3c681dd7b4461b5788ca5bf93d6d26e5ca0b055e	719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540	750a15f7bd030fb7cb5741a74dabd90a02a685a191c83223b16287cf04eaaaa0	2026-07-04	official	legal us-code

5 U.S.C. § 907 - Effect on other laws, pending legal proceedings, and unexpended appropriations

Text

(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by a reorganization under this chapter, before the effective date of the reorganization, has, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, the same effect as if the reorganization had not been made.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.)

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes 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.

Editorial Notes

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.