The President's Reorganization Authority: Review and Analysis

Summary

Among the initiatives being promoted with the beginning of the Administration of President

George

W. Bush is that of renewing the President's lapsed authority to submit reorganization plans to

Congress. The general rationale offered for renewing this authority is that it would provide

additional flexibility and discretion to the President in organizing the executive branch to promote

"economy and efficiency" as well as his political priorities. The regular legislative route for

considering presidential proposals involving organizational changes is deemed by reorganization

authority supporters as being unduly slow and cumbersome. Thus, the proposal to permit the

President to submit reorganization plans subject to mandatory congressional consideration with "fast

track" procedures is viewed by the reorganization proposal's proponents as a necessary reform for

good government. Critics of the reorganization plan authority reject the arguments and assumptions

behind the proposal and defend the efficacy and legitimacy of the regular legislative process for

executive reorganization proposals.

This report addresses three specific issues: (1) the historical basis and use of the President's

reorganization authority; (2) the factors contributing to the lapse of the President's reorganization

authority in 1984, (1) and (3) thoughts on the future of reorganization in the

executive branch.

1. It is worth noting that the Reorganization Act of 1977, as

amended, remains "on the books," but is not

presently operative for execution as it expired on December 31, 1984. See Appendix for

Reorganization Act

Amendments of 1984, 98 Stat. 3192; and Appendix 2 for Executive Reorganization, chapter 9 of

Title 5 of

the U.S. Code.