Homeland Security: Scope of the Secretary's Reorganization Authority
LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE
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In July of 2005, the Secretary of Homeland Security announced a major reorganization of the Department. While many of the proposed changes may be effectuated administratively, some might require legislative action due to limits on reorganization authority under the Homeland Security Act of 2002 P.L. 107-296. Section 872 of the Homeland Security Act gives the Secretary of Homeland Security the authority to reorganize functions and organizational units within the Department either independently, 60 days after the Secretary provides notice of such an action to the appropriate congressional committees, or through the Presidents submission of a reorganization plan. The Secretary, however, may not abolish agencies, entities, organizational units, or functions established or required to be maintained by statute. This report examines the scope of the reorganization authority provided in section 872 with a focus on the following 1 the Secretarys independent authority to reorganize the Department, and 2 what is meant by the term organizational units, the basic administrative structures that the Secretary is empowered to establish, consolidate, alter, or discontinue. This report will be updated as warranted.
- Administration and Management
- Government and Political Science
- Sociology and Law
- Civil Defense