5 U.S.C. § 905
Section 905 · Limitation on powers
Amended 6 times on record
Applied in 17 court decisions — leading case Equal Employment Opportunity Commission v. Hernando Bank, Inc. (1984)
Most recently applied in Kennedy v. Braidwood Management, Inc. (June 2025)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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 or renaming an existing 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;
(2) continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made;
(3) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made;
(4) authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to Congress;
(5) creating a new agency which is not a component or part of an existing executive department or independent agency;
(6) increasing the term of an office beyond that provided by law for the office; or
(7) dealing with more than one logically consistent subject matter.
(b) A provision contained in a reorganization plan may take effect only if the plan is transmitted to Congress (in accordance with section 903(b)) on or before December 31, 1984.
Editorial notes U.S. Code · Office of the Law Revision Counsel
July 2, 1964, Pub. L. 88–351, §2, 78 Stat. 240. (b) 5 U.S.C. 133z–3(b). June 20, 1949, ch. 226, §5(b), 63 Stat. 205. Feb. 11, 1953, ch. 3, 67 Stat. 4. Mar. 25, 1955, ch. 16, 69 Stat. 14. Sept. 4, 1957, Pub. L. 85–286, §1, 71 Stat. 611. Apr. 7, 1961, Pub. L. 87–18, 75 Stat. 41. July 2, 1964, Pub. L. 88–351, §1, 78 Stat. 240. June 18, 1965, Pub. L. 89–43, 79 Stat. 135. 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)(1). Pub. L. 98–614, §5(a)(1), inserted “or renaming an existing executive department”.
Subsec. (a)(5) to (7). Pub. L. 98–614, §5(a)(2), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.
Subsec. (b). Pub. L. 98–614, §2(a), substituted “(in accordance with section 903(b)) on or before December 31, 1984” for “within four years of the date of enactment of the Reorganization Act of 1977”.
1980—Subsec. (b). Pub. L. 96–230 substituted “four years” for “three years”.
1977—Subsec. (a)(1). Pub. L. 95–17 substituted “an executive department or independent regulatory agency,” for “an Executive department” and “or more executive departments or two or more independent regulatory agencies,” for “or more Executive departments”.
Subsec. (a)(6), (7). Pub. L. 95–17 redesignated par. (7) as (6). Former par. (6), which related to limitation on reorganization plans that have effect of transferring to or consolidating with another agency the government of the District of Columbia or all the functions thereof which are subject to this chapter, or abolishing that government or all those functions, was struck out.
Subsec. (b). Pub. L. 95–17 substituted “within three years of the date of enactment of the Reorganization Act of 1977” for “before April 1, 1973”.
1971—Subsec. (a)(7). Pub. L. 92–179, §4(a), added par. (7).
Subsec. (b). Pub. L. 92–179, §4(b), substituted “April 1, 1973” for “April 1, 1971”.
1969—Subsec. (b). Pub. L. 91–5 substituted “April 1, 1971” for “December 31, 1968”.