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Reorganization Act of 1939

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Reorganization Act of 1939
ShorttitleReorganization Act of 1939
LongtitleAn Act to provide for reorganizing agencies of the Government, and for other purposes.
Enacted by76th
Effective dateApril 3, 1939
Cite public lawPub. L. 76–19
Cite statutes at large53 Stat. 561
IntroducedinHouse
IntroducedbillH.R. 4425
IntroducedbyJohn J. Cochran (D–MO)
CommitteesHouse Expenditures
Passedbody1House
Passeddate1March 8, 1939
Passedvote1246–153
Passedbody2Senate
Passeddate2March 21, 1939
Passedvote263–23
Passedbody6House
Passeddate6March 22, 1939
Passedvote6Agreed
Passedbody7Senate
Passeddate7March 22, 1939
Passedvote7Agreed
SignedpresidentFranklin D. Roosevelt
SigneddateApril 3, 1939

Reorganization Act of 1939 was a landmark United States federal law that granted the President of the United States significant authority to restructure the executive branch. Enacted on April 3, 1939, and signed by President Franklin D. Roosevelt, it was a direct response to the findings of the Brownlow Committee, which had argued for a more efficient and manageable executive office. The act led to the creation of the Executive Office of the President, fundamentally reshaping the administrative capabilities of the White House and centralizing presidential management of the sprawling New Deal agencies.

Background and legislative history

The push for executive reorganization stemmed from the rapid expansion of the federal government during the Great Depression and the First New Deal. In 1936, President Franklin D. Roosevelt established the President's Committee on Administrative Management, known as the Brownlow Committee after its chairman, Louis Brownlow. The committee's 1937 report famously concluded that "the president needs help" and recommended consolidating agencies and strengthening the president's administrative control. Roosevelt submitted a reorganization bill to Congress in 1937, but it faced fierce opposition from a coalition of Republicans, conservative Democrats, and members of Congress wary of expanding executive power, leading to its defeat. Following the 1938 midterm elections, a renewed and modified proposal, championed in the House by John J. Cochran, was introduced. After contentious debate, it passed both chambers and was signed into law in April 1939.

Provisions of the act

The act authorized the president to submit plans to Congress for reorganizing executive agencies, which would take effect unless both the House and Senate passed a concurrent resolution of disapproval within 60 days. It contained several key limitations: it could not be used to abolish or create entire cabinet-level departments, and it exempted specific agencies like the Department of the Treasury, the Department of Justice, and the Post Office Department from reorganization. The act also provided for the appointment of six administrative assistants to the president and laid the statutory groundwork for a new central presidential staff agency.

Implementation and the Executive Office of the President

President Franklin D. Roosevelt moved swiftly, issuing Reorganization Plan No. 1 of 1939 under the authority of the act. This plan, which took effect on July 1, 1939, established the Executive Office of the President (EOP). Key components transferred into the EOP included the White House Office, the Bureau of the Budget (moved from the Treasury Department), and the National Resources Planning Board. Subsequent plans, like Reorganization Plan No. 2 of 1939, created the Federal Security Agency and the Federal Works Agency, grouping numerous New Deal programs under these new umbrella organizations. The creation of the EOP, particularly the enhanced Bureau of the Budget, gave the White House unprecedented tools for fiscal oversight and policy coordination.

Impact and significance

The act and the resulting reorganization marked a pivotal moment in the development of the modern American presidency. It institutionalized a permanent presidential staff, ending the era where presidents relied on ad-hoc advice from cabinet secretaries and personal confidants. By centralizing administrative management and budgetary control in the Executive Office of the President, it significantly enhanced the president's ability to implement policy and manage the sprawling federal bureaucracy. This restructuring is widely seen as essential for presidential leadership through World War II and the subsequent Cold War, setting a template for future reorganizations and expansions of the EOP, such as the creation of the National Security Council and the Council of Economic Advisers.

The authority granted by the Reorganization Act of 1939 was temporary. It was subsequently renewed and modified by later statutes, including the Reorganization Act of 1945 and the Reorganization Act of 1949, which established the modern framework requiring congressional approval of reorganization plans via a legislative veto. The concept of presidential reorganization authority evolved further with the Department of Homeland Security Act of 2002, which created the Department of Homeland Security. The foundational structure created by the 1939 act, however, remains intact, with the Executive Office of the President continuing to serve as the central nerve center for the President of the United States.

Category:1939 in American law Category:United States federal executive administration legislation Category:Franklin D. Roosevelt