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Printed for the use of the Committee on Government Operations

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1957

91884

PURCHASED THROUGH

DOC. EX. PROJECT

COMMITTEE ON GOVERNMENT OPERATIONS

WILLIAM L. DAWSON, Mlinois, Chairman CHET HOLIFIELD, California

CLARE E. HOFFMAN, Michigan JOHN W. McCORMACK, Massachusetts R. WALTER RIEHLMAN, New York EARL CHUDOFF, Pennsylvania

CECIL M. HARDEN, Indians JACK BROOKS, Texas

CHARLES B. BROWNSON, Indiana L. H. FOUNTAIN, North Carolina

GEORGE MEADER, Michigan PORTER HARDY, JR., Virginia

CLARENCE J. BROWN, Ohio JOHN A. BLATNIK, Minnesota

GLENARD P. LIPSCOMB, California ROBERT E. JONES, Alabama

VICTOR A. KNOX, Michigan EDWARD A. GARMATZ, Maryland

WILLIAM E. MINSHALL, Ohio JOHN E. MOSS, California

EDWIN H. MAY, Connecticut JOE M. KILGORE, Texas

ROBERT H. MICHEL, Illinois DANTE B. FASCELL, Florida

H. ALLEN SMITH, California
MARTHA W. GRIFFITHS, Michigan

FLORENCE P. DWYER, New Jersey
HENRY S. REUSS, Wisconsin
OVERTON BROOKS, Louisiana
ELIZABETH KEE, West Virginia

CHRISTINE RAF DAVIS, Staff Director

ORVILLE S. POLAND, General Counsel
JAMES A, LANIGAN, A88ociate General Counsel
HELEN M. BOYER, Minority Professional Staff

EXECUTIVE AND LEGISLATIVE REORGANIZATION SUBCOMMITTEE

WILLIAM L. DAWSON, Illinois, Chairman JOHN W. McCORMACK, Massachusetts

CECIL M. HARDEN, Indiana ROBERT E. JONES, Alabama

CLARENCEJ. BROWN, Ohio JOE M. KILGORE, Texas

ROBERT H. MICHEL, Mlinois
DANTE B. FASCELL, Florida

CLARE E. HOFFMAN, Michigan, ex officio
ELMER W. HENDERSON, Counsel
ORVILLE J. MONTGOMERY, Associate Counsel

DAVID GLICK, Legal Analyst
WILLIAM Pincus, Special Consultant

[COMMITTEE PRINT]

REORGANIZATION BY PLAN AND BY STATUTE, 1946-1956

A tabulation of reorganizations in the executive branch differentiating

those under Presidential Reorganization Plans from those effected by statute

There has been a tendency to assume that, while the authority of the President to submit reorganization plans is not exclusive, the existence of this authority has held in abeyance the exercise of reorganization authority by the Congress. Such is apparently not the case. In the past 12 years Congress has enacted 88 statutes each of which, in a greater or less degree, has resulted in a measure of executive reorganization, while the Presidents during the same period have submitted 62 reorganization plans of which 45 became law.

Thus congressional reorganizations, in the sense in which the term is here used, have outnumbered Presidential reorganizations about 2 to 1. This disparity is more marked since 1953 during which time Congress has enacted 11 reorganization statutes, and the President has submitted but 4 plans—2 of which were permitted to become law,

The following tables show two types of reorganizations of Federal agencies and functions during the years 1945-56 inclusive. Table I shows reorganizations made by the Congress by statute or pursuant to specified statutory reorganization authority enacted by the Congress. Table II shows the reorganization plans transmitted to the Congress by the President under the Reorganization Acts of 1945 and 1949.

The following pertinent facts may be considered in examining these tables.

(1) The Congress does on its own motion initiate and enact a large number of reorganizations by statute. Many of these are major in character.

(2) The President and various department and agency heads have received by statute a substantial number of specific reorganization authorities. The Congress has authorized many agency heads to reorganize by delegating functions. The President has been authorized from time to time to transfer specific functions and to reorganize by delegation. Thus there is a considerable overlap or duplication of reorganization authority: The President and agency heads have specific reorganization authorities, applicable to specified agencies and functions. At the same time the President has had general reorganization authority under the Reorganization Acts of 1945 and 1949.

(3) Occasionally the Congress by statute has found it advisable or necessary to change or modify reorganizations made by the President by reorganization plan.

1 Some actions have been omitted. These are mainly additional authorities in statutes to reorganize by delezation from one officer to another or certain types of reorganizations already illustrated by examples included in the tables.

Certain additional reorganizations by statute in 1956 may have been omitted since the bound volumes of the Statutes at Large for 1956 were not available at the time this compilation was made.

(4) The greatest reorganization activity by the President since 1945 took place following the enactment of the Reorganization Act of 1949 and the receipt of the recommendations of the First Commission on Organization of the Executive Branch of the Government in that same year. There has been no comparable submission of Presidential reorganization plans based on the recommendations of the Second Commission on Organization of the Executive Branch of the Government in 1955. À substantial number of plans were transmitted to the Congress by the President in 1953 but reorganization activity by the President has been minor since then.

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