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Executive branch reorganization authority
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Executive branch reorganization authority, in the context of administrative law, refers to the executive's authority to reorganize the structure and responsibilities of executive agencies. Executive branch reorganization authority varies at the state and local level. At the federal level, the president has historically had the independent authority to reorganize federal agencies within existing statutory limits. Previous court rulings have required congressional approval granting executive branch reorganization authority and congressional approval of proposed reorganization plans. Congress granted the first presidential reorganization authority to President Herbert Hoover (R) in 1932 and the most recent authority to President Ronald Reagan in 1984, although a reorganization plan was never approved according to the authority granted Reagan.[1]
| The Trump administration released a report in June 2018 pursuant to Executive Order 13781 that proposed the exercise of presidential reorganization authority through 34 organizational changes to executive agencies. The executive branch had the authority to unilaterally implement 10 to 12 of the proposals, according to the Office of Management and Budget (OMB). The remaining proposals would have required congressional approval to delegate reorganization authority. Legislation to initiate congressional action on the reorganization plan failed to pass the 115th Congress and was not introduced in the 116th Congress. Click here for more information. |
Background
Executive branch reorganization authority varies at the state and local level. The following sections detail the origination and evolution of executive branch reorganization authority at the federal level.
Origination of federal executive branch reorganization authority
The president's authority to reorganize the executive branch originated in the early 1930s under President Herbert Hoover (R), who developed the legislative veto as a mechanism to facilitate his reorganization plan. Legislative vetoes allowed Congress to invalidate an action by the executive branch through a resolution. Under Hoover's plan, Congress delegated reorganization authority to the executive branch while maintaining the authority to disapprove of certain reorganization provisions through a legislative veto. Thus, Hoover could implement his reorganization plan through executive action without the threat of potential roadblocks in the form of congressional amendments or committee stagnation.[2]
The Economy Act of 1932 included the first congressional authorization for the president to reorganize the executive branch. The bill's legislative veto provision allowed Hoover to reorganize the executive branch subject to a one-house congressional veto. Hoover issued his reorganization plan through 11 executive orders in December 1932, one month after losing his presidential re-election campaign to Franklin D. Roosevelt (D). In January 1933, the U.S. House of Representatives exercised the first legislative veto on all of Hoover's reorganization proposals.[2]
Evolution of federal executive branch reorganization authority
Though Hoover's reorganization plan was rejected, Congress periodically authorized presidents to exercise reorganization authority through legislative veto provisions until 1981. After the United States Supreme Court declared the legislative veto unconstitutional in the 1983 case Immigration and Naturalization Service (INS) v. Chadha, the process of authorizing presidential reorganization authority changed from a resolution of disapproval to a resolution of approval. Thus, the burden of action shifted from the executive branch to the legislative branch by requiring Congress to actively approve any reorganization proposals. The most recent presidential reorganization authority expired under President Ronald Reagan (R) in 1984.[1][3]
Since 1984, presidents have unsuccessfully recommended or requested renewal of reorganization authority. President Bill Clinton (D) recommended that Congress reauthorize presidential reorganization authority in reports from his National Performance Review, but he never directly requested authorization. President George W. Bush (R) requested reorganization authority in 2002, but Congress declined to enact the required legislation. Ten years later, President Barack Obama (D) requested reorganization authority, which Congress also declined. Legislation to grant reorganization authority to President Donald Trump (R), the Reforming Government Act of 2018, failed to pass the 115th Congress.[1][4][5]
Federal executive branch reorganization process
The president has the authority to reorganize federal agencies within existing statutory limits. However, Congress must delegate reorganization authority in order for the president to institute statutory changes to federal agencies. Once the president presents a reorganization plan to Congress, members must issue a resolution of approval in order for the plan to take effect.[1][6]
Congress may grant reorganization authority to the president by passing new legislation or amending existing reorganization legislation. The legislative framework for delegating reorganization authority has varied across administrations, but it has generally included the following provisions:[1]
- The range of actions that can be taken under the authority.
- Limitations on the scope of reorganization actions.
- A time frame for Congress to consider reorganization proposals.
- A mechanism for Congress to consider and act on the plan.[1]
Historical federal executive branch reorganization timeline
The following table details historical applications of presidential reorganization authority, according to the Congressional Research Service:[1]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Congressional Research Service, "Presidential Reorganization Authority: History, Recent Initiatives, and Options for Congress," December 11, 2012
- ↑ 2.0 2.1 Law and Contemporary Problems, "The Legislative Veto: Invalidated, it Survives," 1993
- ↑ Congressional Research Service, "The President’s Reorganization Authority: Review and Analysis," March 8, 2001
- ↑ Federal News Radio, "Bill authorizing government reorganization now has a House companion," September 20, 2018
- ↑ Bill Track 50, "US S3137—Reforming Government Act of 2018," accessed February 14, 2018
- ↑ Politico, "Why Trump's government overhaul won't work," March 13, 2017
