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appropriate committees of Congress.”[1] The requirements of this provision subsequently went through a series of transformations, the vestiges of which were recently codified in the Intelligence Authorization Act, Fiscal Year 1991, but this act still requires a written presidential finding satisfying certain conditions set forth in the statute for covert actions to occur.[2] Such presidential findings, which are security classified, are to be “reported to the intelligence committees as soon as possible” after being approved “and before the initiation of the covert action authorized by the finding.” Thus, these findings are not published in the Federal Register or reproduced in CFR Title 3 compilations.
Presidential Reorganization Plans
Congress first authorized the President to propose plans for the reorganization of the executive departments and agencies in a 1939 statute.[3] The objective of such reconfigurations was to achieve efficiency and economy in administration. A presidential reorganization plan, submitted to Congress, became effective after 60 days unless both houses of Congress adopted a concurrent resolution of disapproval. Such reorganization authority, renewed periodically a dozen times between 1945 and 1984, with slight variations remained available to the President for nearly half a century. At different junctures, qualifications were placed upon its exercise. For example, reorganization plans could not abolish or create an entire department, or deal with more than one logically consistent subject matter. Also, the President was prohibited from submitting more than one plan within a 30-day period and was required to include a clear statement on the projected economic savings expected to result from a reorganization.
Reorganization plans not disapproved by Congress were published in the Federal Register prior to being implemented, and also in the Statutes at Large and the CFR (Title 3) for the year in which they became effective.
Modification of the President's reorganization plan authority was made necessary in 1983, when the Supreme Court effectively invalidated continued congressional reliance upon a concurrent resolution to disapprove a proposed plan.[4] Under the Reorganization Act Amendments of 1984, several significant changes were made in the reorganization plan law. Any time during the period of 60 calendar days of continuous session of Congress following the submission of a reorganization plan, the President might make amendments or modifications to it. Within 90 calendar days of continuous session of Congress following the submission of a reorganization plan, both houses must adopt a joint resolution (which, unlike a concurrent resolution, becomes law with the President's signature) for a plan to be approved. This amendment, however, continued the President's reorganization plan- ↑ 88 Stat. 1795, at 1804.
- ↑ See 105 Stat. 429, at 442.
- ↑ 53 Stat. 561.
- ↑ See INS v. Chadha, 462 U.S. 919 (1983).
