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Reorganization Plan Authority Message to the Congress Transmitting Proposed Legislation.

February 04, 1977

To the Congress of the United States:

I hereby transmit to the Congress proposed legislation which will restore the President's power to submit reorganization plans to the Congress.

It will revive, with certain modifications, the system through which reorganization plans are developed, under the Executive Reorganization Act of 1949, as amended. Until the authority for this system was allowed to lapse in 1973, it provided an efficient way for Congress and the President to work together to streamline our government.

The reorganization authority which I am proposing is essentially the same authority which has been available to every President since Harry Truman.

Under the authority I seek to have renewed, the President would again be able to submit reorganization plans to the Congress. The plans would automatically become effective after Congress had been in continuous session for sixty calendar days, unless either House of Congress adopts a resolution opposing the plan.

It would also renew the basic provisions of the Act that limit the types of reorganization plans the President can submit. The President would again be permitted to propose plans to accomplish any of the following:

1. Transferring all or part of an agency or its functions to another agency;

2. Abolishing all or part of the functions of an agency;

3. Consolidating, or coordinating, all or part of an agency;

4. Authorizing an officer to delegate his functions; or

5. Changing the name of an agency or the title of its head, as well as the head for any agency resulting from reorganization.

The President would again not be permitted to propose plans to accomplish any of the following:

1. Creating a new Executive (Cabinet level) Department;

2. Abolishing or transferring an existing Executive Department;

3. Abolishing or transferring all of the functions of an Executive Department;

4. Consolidating two or more Executive Departments or all of their functions;

5. Continuing an agency beyond its statutory termination date;

6. Authorizing an agency to perform a function not expressly authorized by law; or

7. Increasing the term of an office beyond that provided by law.

The existing Act contains several limitations on reorganization plans that I propose to change:

1. Authority to Amend a Reorganization Plan.

Under the existing Act, the President cannot amend a reorganization plan once he has submitted it to the Congress.

I am proposing that the President be allowed to amend a plan within thirty days after sending it to Congress, unless the Government Operations Committee in either House of Congress has already rejected the plan. This change would give the President greater flexibility to improve the plan and meet objections to it.

2. Authority to Submit Additional Plans.

Under the existing Act, the President may submit only one plan during a thirty-day period.

I am proposing that the President be allowed to submit more than one plan within thirty days. This change would permit the President and the Congress to speed up the reorganization process by dealing with more than one plan at a time.

I am aware that troubles could arise if this provision were abused. The Congress needs time for careful and orderly review of the plans, and both Congress and the Executive Branch would be overburdened if they had to prepare and review a large number of plans at once. Therefore, the President must coordinate very closely with the Congress to keep the volume of the plans within reasonable limits.

3. Authority to Submit Plans Covering Different Subjects.

Under the existing Act, each reorganization plan must be limited to one "logically consistent" subject.

I am proposing that the President be allowed to submit plans covering more than one subject. This change would avoid difficulties in defining "logically consistent subject matter," which could needlessly hinder work or plans which deal with a several functionally-related agencies or departments.

4. Requirement of Management Improvement.

Under the existing Act, the President must specify, in submitting each plan, how much money it will save the government.

I am proposing that the President must provide a different set of information with his plans. Instead of detailed savings estimates-which are very difficult to make accurately--the President would provide information on the improvements in management, efficiency, and delivery of Federal services that his plan would produce.

5. A Four-Year Extension of Authority. I am proposing that the Act be extended for a four-year period. Reorganization will be a four-year effort, which should not be halted because the authorizing Act has run out.

Renewing this Executive reorganization authority will help rebuild the public's confidence in government, redeem commitments made to the electorate, and prove to the people who have given us their trust that we are ready to make a fresh start.

I hope the Congress will act soon on this legislation so our work of reorganization can begin.

JIMMY CARTER

The White House,

February 4, 1977.

Note: The text of the draft bill was included in the White House press release.

Jimmy Carter, Reorganization Plan Authority Message to the Congress Transmitting Proposed Legislation. Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/244355

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