Homeland Security: Scope of the Secretary's Reorganization Authority

Summary

In July of 2005, the Secretary of Homeland Security announced a major reorganization of the

Department. While many of the proposed changes may be effectuated administratively, some might

require legislative action due to limits on reorganization authority under the Homeland Security Act

of 2002 ( P.L. 107-296 ). Section 872 of the Homeland Security Act gives the Secretary of Homeland

Security the authority to reorganize functions and organizational units within the

Department either:

(1) independently, 60 days after the Secretary provides notice of such an action to the appropriate

congressional committees, or (2) through the President’s submission of a reorganization

plan. The

Secretary, however, may not abolish agencies, entities, organizational units, or functions established

or required to be maintained by statute. This report examines the scope of the reorganization

authority provided in Section 872 with a focus on (1) the Secretary’s independent authority

to

reorganize the Department and (2) what is meant by the term organizational units , the basic

administrative structures that the Secretary is empowered to “establish, consolidate, alter,

or

discontinue.” This report will be updated as warranted.