Government Reorganization Authority

Agencies are created and structured by law, so major changes to the shape of the government normally require an act of Congress. Beginning with the Reorganization Act of April 3, 1939, Congress gave presidents authority to submit reorganization plans that would take effect unless Congress disapproved them within a set period. Franklin Roosevelt used that authority to create the Executive Office of the President in 1939, and later plans created the Department of Health, Education, and Welfare in 1953 and the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and the Office of Management and Budget in 1970.

The plans relied on a form of legislative veto, which the Supreme Court struck down in INS v. Chadha in 1983. Congress then required a joint resolution approving each plan, signed by the President, and let the authority lapse at the end of 1984. It has not been renewed, though presidents of both parties have asked for it, and new departments such as Homeland Security in 2002 were created by ordinary legislation. Presidents can still make significant changes within existing law by moving offices, delegating functions, and adjusting staffing.

In 2025 the administration pursued major restructuring without new reorganization authority, folding most of the U.S. Agency for International Development into the State Department by July 1, directing on March 20 that the Department of Education be wound down to the extent permitted by law, and cutting staff at many agencies, steps the Supreme Court allowed to proceed in emergency orders while lawsuits continued. Supporters said the President has broad power to manage the executive branch and eliminate waste, while critics said dismantling agencies that Congress created and funds requires an act of Congress.