§ 23. Executive Reorga- Nization Plans
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POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 23 which may constitutionally crease efficiency; group, coordi- be exercised by Congress, nate, and consolidate agencies; re- but also rulemaking and en- duce the number of agencies by forcement powers which consolidation; and eliminate over- have been delegated to other lapping and duplication of ef- branches of government. The fort.(6) These purposes could be Speaker and President pro achieved by transferring all or tempore may appoint mem- part of an agency or the function bers to commissions whose thereof to another agency; abol- authority is restricted to in- ishing all or part of the functions vestigation and information- of an agency; consolidating or co- gathering. Buckley v Valeo, ordinating the whole or part of an 424 U.S. 1 (1976). agency with another agency or the same agency; authorizing an offi- cer to delegate any of his func- § 23. Executive Reorga- tions; or abolishing the whole or nization Plans part of an agency which did not have or would not, as a con- The President was, prior to sequence of the reorganization, 1973, authorized to reorganize an have any functions.(7) Under this agency or agencies of the execu- statute a reorganization plan tive department if he submitted a could not create, abolish, or trans- plan to each House of Congress. A fer an executive department or provision contained in a reorga- consolidate two or more executive nization plan could take effect departments. only if the plan was transmitted A reorganization plan accom- before Apr. 1, 1973,(5) since the panied by a declaration that the authority of the President to reorganization was necessary to transmit reorganization plans had accomplish a recognized purpose not been extended beyond that must be delivered to both Houses date. A reorganization could be or- on the same day and to each dered to promote better execution House while in session.(8) A plan of laws; reduce expenditures; in- 6. 5 USC § 901. 5. 5 USC § 903, 5 USC § 905(b). Reorga- 7. 5 USC § 903. See also 5 USC § 904, nization authority was again ex- for other provisions of, and 5 USC tended, with certain procedural § 905, for limitations on, reorganiza- changes, in the 95th Congress. Pub. tion plans. L. No. 95–17. 8. 5 USC § 903(a), (b), 5 USC § 905(b). 1903 Ch. 13 § 23 DESCHLER’S PRECEDENTS submitted before Apr. 1, 1973, of the committee and procedure would become effective at the end for debate is clearly stated: of the first period of 60 calendar (a) When the committee has re- days of continuous congressional ported, or has been discharged from session after the transmittal date further consideration of, a resolution unless, during that period, either with respect to a reorganization plan, House passed a resolution stating it is at any time thereafter in order (even though a previous motion to the in substance that it did not favor same effect has been disagreed to) to ( ) the plan. 9 move to proceed to the consideration of As an exercise of the rule- the resolution. The motion is highly making power of the Senate and privileged and is not debatable. An House of Representatives and amendment to the motion is not in order, and it is not in order to move to with full recognition of the con- reconsider the vote by which the mo- stitutional right of either House to tion is agreed to or disagreed to. change its rules,(10) Congress pro- (b) Debate on the resolution shall be vided for the form of resolutions limited to not more than 10 hours, disapproving reorganization which shall be divided equally between plans,(11) reference of such resolu- those favoring and those opposing the resolution. A motion further to limit (12) tions to committees, discharge debate is not debatable. An amend- of committees considering such ment to, or motion to recommit, the resolution after 20 days,(13) as resolution is not in order, and it is not well as procedure after report or in order to move to reconsider the vote discharge of committee and debate by which the resolution is agreed to or disagreed to. on such resolutions.(14) The proce- dure after reporting or discharge Congress a]so provided that mo- tions to postpone relating to such 9. 5 USC § 906. The form of the resolu- resolutions, or to proceed to other tion is outlined in 5 USC § 909. business, should be decided with- Congress could accelerate the ef- out debate.(15) Appeals from deci- fective date; see §§ 23.33, 23.34, sions of the Chair applying House infra, for a discussion of House and Senate approval of a joint resolution or Senate rules to the consider- to accelerate a reorganization plan ation of resolutions disapproving establishing the Department of reorganization plans were also to Health, Education, and Welfare. be decided without debate.(16) 10. 5 USC § 908. Most of the precedents in this 11. 5 USC § 909. section discuss substantive as- 12. 5 USC § 910. 13. 5 USC § 911. 15. 5 USC § 913. 14. 5 USC § 912. 16. Id. 1904 POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 23 pects of Presidential reorganiza- 1965,(9) 1969,(10) and 1971.(11) In tion plans.(17) Congress may also addition to the above legislation, reorganize executive agencies by title I of the War Powers Act of ( ) statute. 18 1941,(12) granted the President Statutes authorizing the Presi- emergency reorganization powers dent to promulgate reorganization to make such redistribution of (1) plans were approved in 1939, functions among executive agen- 1945,(2) 1949,(3) and 1966.(4) Amendments to the major reorga- cies as he deemed necessary dur- nization acts were approved in ing World War II. ( ) ( ) ( ) ( ) 1953, 5 1957, 6 1961, 7 1964, 8 17. The exceptions are §§ 23.33–23.36, ACTION infra. See also Ch. 24, infra, for a discussion of certain procedural mat- ters relating to resolutions of dis- § 23.1 The House by yea and approval generally and House Rules nay vote rejected a resolu- and Manual § 1013 (1975) for a com- tion disapproving a Presi- pilation of statutory ‘‘legislative veto’’ provisions. § 23.1, infra, discusses dential reorganization plan the procedure for consideration of to consolidate a number of the Presidential reorganization plan volunteer programs into one which consolidated a number of pro- agency, ACTION. grams into one agency, ACTION. 18. See House Committee on Govern- On May 25, 1971,(13) the House ment Operations, Reorganization by under the procedures prescribed Plan and by Statute, 1946–1956 (May 1957) for examples of both by the Reorganization Act of 1966, kinds of reorganization. rejected by a vote of yeas 131, 1. 53 Stat. 561, 76th Cong. 1st Sess. nays 224, not voting 77, House (Pub. L. No. 76–19). Resolution 411, disapproving Re- 2. 59 Stat. 613, 79th Cong. 1st Sess. (Pub. L. No. 79–263). organization Plan No. 1 (consoli- 3. 63 Stat. 203, 81st Cong. 1st Sess. dating a number of volunteer pro- (Pub. L. No. 81–109). 4. 80 Stat. 378, 89th Cong. 2d Sess. 9. 79 Stat. 135, 89th Cong. 1st Sess. (Pub. L. No. 89–554). Note: Title 5 of (Pub. L. No. 89–43). the United States Code includes re- 10. 83 Stat. 6, 91st Cong. 1st Sess. (Pub. organization plans. L. No. 91–5). See also Pub. L. No. 5. 67 Stat. 4, 83d Cong. 1st Sess. (Pub. 95–17. L. No. 83–3). 11. 85 Stat. 574, 92d Cong. 1st Sess. 6. 71 Stat. 611, 85th Cong. 1st Sess. (Pub. L. No. 92–179). (Pub. L. No. 85–286). 7. 75 Stat. 41, 87th Cong. 1st Sess. 12. 55 Stat. 838, 77th Cong. 1st Sess. (Pub. L. No. 87–18). (Pub. L. No. 77–354). 8. 78 Stat. 240, 88th Cong. 2d Sess. 13. 117 CONG. REC. 16803, 16804, 16832 (Pub. L. No. 88–351). 16833, 92d Cong. 1st Sess. 1905 Ch. 13 § 23 DESCHLER’S PRECEDENTS grams into one agency, ACTION, The Clerk read the title of the reso- and transmitted by the President lution. on Mar. 24, 1971). By unanimous consent, the first reading of the resolution was dis- The Chairman of the Committee pensed with. on Government Operations, Chet THE CHAIRMAN: Under the unani- Holifield, of California, moved mous consent agreement, the gen- that the House resolve itself into tleman from California (Mr. Holifield) the Committee of the Whole for will be recognized for 11⁄2 hours, and consideration of the resolution dis- the gentleman from New York (Mr. approving the plan and pro- Horton) will be recognized for 11⁄2 ceedings ensued as indicated hours. below: The Chair recognizes the gentleman from California. MR. HOLIFIELD: Mr. Speaker, I move that the House resolve itself into the Mr. Holifield described the plan Committee of the Whole House on the in the Committee of the Whole: State of the Union for the consider- Mr. Chairman, I yield myself such ation of the resolution (H. Res. 411) time as I may consume. disapproving Reorganization Plan No. Mr. Chairman, House Resolution 411 1, transmitted to the Congress by the is a resolution to disapprove Reorga- President on March 24, 1971; and pending that motion, Mr. Speaker, I nization Plan No. 1 of 1971 submitted ask unanimous consent that debate on to the Congress by President Nixon on the resolution may continue not to ex- March 24. Both the plan and the reso- ceed 3 hours, the time to be equally di- lution were referred to the Committee vided and controlled by the gentleman on Government Operations under the from New York ( Mr.