Out of desire to better organize the government, the next Presidential administration might try to revive the reorganization plan authority that for many years gave Presidents authority to alter agencies and their missions but that has lain dormant for a quarter century, according to a report done for Congress.
The Congressional Research Service said that reorganization plan authority started in the 1930s and was available in one form or another until it expired automatically in 1984. Under such authority, the action takes effect unless Congress acts to block it. "At different junctures, qualifications were placed upon its exercise. For example, reorganization plans could not abolish or create an entire department, or deal with more than one logically consistent subject matter. Also, the President was prohibited from submitting more than one plan within a 30-day period and was required to include a clear statement on the projected economic savings expected to result from a reorganization," said the report.
The most recent attempt to revive such authority came in July 2002, when President Bush recommended the restoration of reorganization plan authority to allow reconfiguring portions of the executive branch to better combat terrorism and maintain homeland security. However, after a brief bit of interest, that idea faded, CRS said.
"As a result of the absence of reorganization plan authority, more recent reform efforts to improve the efficiency and economy of government operations have emphasized management improvements of both a government-wide and specific program variety, including applications of information technology that some have characterized as electronic government," it said.
Without reorganization plan authority, CRS noted, the President may propose executive branch reorganizations to be realized through the constitutionally prescribed legislative process, citing the departments of Energy, Education, Veterans Affairs, and Homeland Security that were established that way. "This approach, however, does not incorporate action-forcing deadlines or a required final congressional vote on proposed reorganization plans that are thought to expedite the consideration of reorganizations. The President might attempt a minor reorganization, such as establishing a small, temporary entity within the Executive Office of the President, by issuing a directive, such as an executive order. Attempting more ambitious reorganizations through a presidential directive, if not ultimately found to be illegal, may incur congressional displeasure and subsequent legislative and fiscal reaction," it said.