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3 USC CHAPTER 2 - OFFICE AND COMPENSATION OF PRESIDENT 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 2 - OFFICE AND COMPENSATION OF PRESIDENT

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CHAPTER 2 - OFFICE AND COMPENSATION OF PRESIDENT

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Sec.

101. Commencement of term of office.

102. Compensation of the President.

103. Traveling expenses.

104. Salary of the Vice President.

105. Assistance and services for the President.

106. Assistance and services for the Vice President.

107. Domestic Policy Staff and Office of Administration; personnel.

108. Assistance to the President for unanticipated needs.

109. Public property in and belonging to the Executive Residence at

the White House.

110. Furniture for the Executive Residence at the White House.

111. Expense allowance of Vice President.

112. Detail of employees of executive departments.

113. Personnel report.

114. General pay limitation.

115. Veterans' preference.

AMENDMENTS

1998 - Pub. L. 105-339, Sec. 4(b)(2), Oct. 31, 1998, 112 Stat.

3185, added item 115.

1978 - Pub. L. 95-570, Sec. 1(b), 2(b), 3(b), 5(b)(2), (c)(2),

Nov. 2, 1978, 92 Stat. 2447, 2449, 2450, 2451, substituted in item

105 ''Assistance and services for the President'' for

''Compensation of secretaries and executive, administrative, and

staff assistants to President''; in item 106 ''Assistance and

services for the Vice President'' for ''Administrative

assistants''; in item 107 ''Domestic Policy Staff and Office of

Administration; personnel'' for ''Detail of employees of executive

departments to office of President''; in item 108 ''Assistance to

the President for unanticipated needs'' for ''Accommodations for

vehicles''; and in item 109 ''the Executive Residence at the White

House'' for ''Executive Mansion''; inserted in item 110 ''the

Executive Residence at the'' before ''White House''; and added

items 112, 113 and 114.

EXECUTIVE OFFICE PERSONNEL BACKGROUND INVESTIGATIONS; LEAVES OF

ABSENCE

Pub. L. 103-329, title VI, Sec. 632, Sept. 30, 1994, 108 Stat.

2425, provided that:

''(a) In General. - Hereafter, the employment of any individual

within the Executive Office of the President shall be placed on

leave without pay status if the individual -

''(1) has not, within 30 days of commencing such employment or

by October 31, 1994 (whichever occurs later), submitted a

completed questionnaire for sensitive positions (SF-86) or

equivalent form; or

''(2) has not, within 6 months of commencing such employment or

by October 31, 1994 (whichever occurs later), had his or her

background investigation, if completed, forwarded by the counsel

to the President to the United States Secret Service for issuance

of the appropriate access pass.

''(b) Exemption. - Subsection (a) shall not apply to any

individual specifically exempted from such subsection by the

President or his designee.''

(For transfer of the functions, personnel, assets, and

obligations of the United States Secret Service, including the

functions of the Secretary of the Treasury relating thereto, to the

Secretary of Homeland Security, and for treatment of related

references, see sections 381, 551(d), 552(d), and 557 of Title 6,

Domestic Security, and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified, set out as a

note under section 542 of Title 6.)

REORGANIZATION PLAN NO. 1 OF 1977

42 F.R. 56101, 91 STAT. 1633, AS AMENDED BY PUB. L. 97-195, SEC.

1(C)(5), JUNE 16, 1982, 96 STAT. 115

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, July 15, 1977,

(FOOTNOTE 1) pursuant to the provisions of Chapter 9 of Title 5

of the United States Code.

(FOOTNOTE 1) As amended Sept. 15, 1977.

EXECUTIVE OFFICE OF THE PRESIDENT

SECTION 1. REDESIGNATION OF DOMESTIC COUNCIL STAFF

The Domestic Council staff is hereby designated the Domestic

Policy Staff and shall consist of such staff personnel as are

determined by the President to be necessary to assure that the

needs of the President for prompt and comprehensive advice are met

with respect to matters of economic and domestic policy. The staff

shall continue to be headed by an Executive Director who shall be

an Assistant to the President, designated by the President, as

provided in Section 203 of Reorganization Plan No. 2 of 1970 (set

out in Title 5, Appendix). The Executive Director shall perform

such functions as the President may from time to time direct.

SEC. 2. ESTABLISHMENT OF AN OFFICE OF ADMINISTRATION

There is hereby established in the Executive Office of the

President the Office of Administration which shall be headed by the

President. There shall be a Director of the Office of

Administration. The Director shall be appointed by the President

and shall serve as chief administrative officer of the Office of

Administration. The President is authorized to fix the compensation

and duties of the Director.

The Office of Administration shall provide components of the

Executive Office of the President with such administrative services

as the President shall from time to time direct.

SEC. 3. ABOLITION OF COMPONENTS

The following components of the Executive Office of the President

are hereby abolished:

A. The Domestic Council;

B. The Office of Drug Abuse Policy;

C. The Office of Telecommunications Policy; and

D. The Economic Opportunity Council.

SEC. 4. APPOINTMENT OF THE ASSISTANT SECRETARY OF COMMERCE FOR

COMMUNICATIONS AND INFORMATION

There shall be in the Department of Commerce an Assistant

Secretary for Communications and Information who shall be appointed

by the President, by and with the advice and consent of the Senate.

(As amended Pub. L. 97-195, Sec. 1(c)(5), June 16, 1982, 96 Stat.

115.)

SEC. 5. TRANSFERS OF FUNCTIONS

The following functions shall be transferred:

A. All functions vested in the Director of the Office of Science

and Technology Policy and in the Office of Science and Technology

Policy pursuant to sections 205(a)(2), 206 and 209 of the National

Science and Technology Policy, Organization, and Priorities Act of

1976 (Public Law 94-282; 90 Stat. 459) (42 U.S.C. 6614(a)(2), 6615

and 6618), are hereby transferred to the Director of the National

Science Foundation. The Intergovernmental Science, Engineering, and

Technology Advisory Panel, the President's Committee on Science and

Technology, and the Federal Coordinating Council for Science,

Engineering and Technology, established in accordance with the

provisions of Titles II, III, IV of the National Science and

Technology Policy, Organization, and Priorities Act of 1976 (42

U.S.C. 6611 et seq., 6631 et seq., and 6651 et seq.), are hereby

abolished, and their functions transferred to the President.

B. Those functions of the Office of Telecommunications Policy and

of its Director relating to:

(1) the preparation of Presidential telecommunications policy

options including, but not limited to those related to the

procurement and management of Federal telecommunications systems,

national security, and emergency matters; and

(2) disposition of appeals from assignments of radio

frequencies to stations of the United States Government;

are hereby transferred to the President who may delegate such

functions within the Executive Office of the President as the

President may from time to time deem desirable. All other

functions of the Office of Telecommunications Policy and of its

Director are hereby transferred to the Secretary of Commerce who

shall provide for the performance of such functions.

C. The functions of the Office of Drug Abuse Policy and its

Director are hereby transferred to the President, who may delegate

such functions within the Executive Office of the President as the

President may from time to time deem desirable.

D. The functions of the Domestic Council are hereby transferred

to the President, who may delegate such functions within the

Executive Office of the President as the President may from time to

time deem desirable.

E. Those functions of the Council on Environmental Quality and

the Office of Environmental Quality relating to the evaluation

provided for by Section 11 of the Federal Nonnuclear Energy

Research and Development Act of 1974 (Public Law 93-577, 88 Stat.

1878) (42 U.S.C. 5910), are hereby transferred to the Administrator

of the Environmental Protection Agency.

F. Those functions of the Office of Management and Budget and its

Director relating to the Committee Management Secretariat (Public

Law 92-463, 86 Stat. 770, as amended by Public Law 94-409, 90 Stat.

1247) (see section 7 of the Federal Advisory Committee Act, Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 774, as amended, set out in Title 5,

Appendix) are hereby transferred to the Administrator of General

Services.

G. The functions of the Economic Opportunity Council are hereby

transferred to the President, who may delegate such functions

within the Executive Office of the President as the President may

from time to time deem desirable.

SEC. 6. INCIDENTAL TRANSFERS

So much of the personnel, property, records, and unexpended

balances of appropriations, allocations and other funds employed,

used, held, available, or to be made available in connection with

the functions transferred under this Plan, as the Director of the

Office of Management and Budget shall determine, shall be

transferred to the appropriate department, agency, or component at

such time or times as the Director of the Office of Management and

Budget shall provide, except that no such unexpended balances

transferred shall be used for purposes other than those for which

the appropriation was originally made. The Director of the Office

of Management and Budget shall provide for terminating the affairs

of all agencies abolished herein and for such further measures and

dispositions as such Director deems necessary to effectuate the

purposes of this Reorganization Plan.

SEC. 7. EFFECTIVE DATE

This Reorganization Plan shall become effective at such time or

times on or before April 1, 1978, as the President shall specify,

but not sooner than the earliest time allowable under Section 906

of Title 5 of the United States Code.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I herewith transmit my plan for the Reorganization of the

Executive Office of the President (EOP), Reorganization Plan No. 1

of 1977. This plan is the first of a series I intend to submit

under the reorganization authority vested in me by the

Reorganization Act of 1977 (Public Law 95-17) (5 U.S.C. 901-912).

It adheres to the purposes set forth in Section 901(a) of the Act

(5 U.S.C. 901(a)).

This plan in conjunction with the other steps I am taking will:

Eliminate seven of the seventeen units now within the EOP and

modify the rest. There were 19 units when I took office; the

President's Foreign Intelligence Advisory Board and the Economic

Policy Board have already been abolished. Thus with this plan I

will have eliminated nine of 19 EOP units.

Reduce EOP staffing by about 250 which includes the White House

staff reduction of 134 or 28 percent which I have already

ordered.

Improve efficiency by centralizing administrative functions;

and

Improve the process by which information is provided for

Presidential decisionmaking.

These recommendations arise from a careful, systematic study of

the EOP. They are based on the premise that the EOP exists to serve

the President and should be structured to meet his needs. They

will reduce waste and cost while improving the service the

President, and the nation, receive from the EOP.

The EOP now consists of the immediate White House Office, the

Vice President's Office, the Office of Management and Budget, and

fourteen other agencies. The EOP has a budget authority of about

$80,000,000 and 1,712 full time employees.

The White House Office concentrates on close personal support

including policy and political advice and administrative and

operational services. The Office of the Vice President provides

similar support to him. OMB's primary mission is to develop and

implement the budget; it also carries out a number of management

and reorganization activities.

Three EOP units have responsibility for policy development:

National Security Council.

Domestic Council.

Council on International Economic Policy.

The other 11 are more specialized offices that offer analysis and

advice, help develop policy in certain areas, or carry out special

projects. These are:

Council of Economic Advisers.

Council on Wage and Price Stability.

Office of the Special Representative for Trade Negotiations.

Council on Environmental Quality.

Office of Science and Technology Policy.

Office of Drug Abuse Policy.

Office of Telecommunications Policy.

Intelligence Oversight Board.

Federal Property Council.

Energy Resources Council.

Economic Opportunity Council.

To make the EOP more effective, four steps are necessary:

I. Strengthen management of policy issues.

II. Limit the EOP, wherever possible, to functions directly

related to the President's work.

III. Centralize administrative services.

IV. Reduce size of White House and EOP staffs.

I. STRENGTHEN PROCESS MANAGEMENT OF POLICY ISSUES

Perhaps the most important function of the President's staff is

to make sure he has the wide variety of views and facts he needs to

make decisions. By building a more orderly system for collecting

information and advice, the President can make sure that he will

hear all the views he should - and hear them in time. To better

insure that this happens, I am taking the following actions to:

Institute for domestic and economic issues, a system similar to

the Presidential Review Memorandum process currently used for

National Security issues.

Create a committee of Presidential advisers, chaired by the

Vice President, to set priorities among issues and oversee their

staffing.

Assure that Presidential decision memoranda on policy issues

are coordinated with Cabinet and EOP advisers most involved with

the issue.

Consolidate under the Staff Secretary the two current White

House paper circulation systems.

Appoint a group of advisers to review the decisionmaking

process periodically.

Give the Assistant to the President for Domestic Affairs and

Policy clear responsibility for managing the way in which

domestic and most economic policy issues are prepared for

Presidential decision.

Assign follow-up responsibility for Presidential decisions as

follows: immediate follow-up will be handled by the NSC or

Domestic Policy Staff most directly involved in the issue; long

term follow-up on selected issues will be handled by the

Assistant to the President for Intergovernmental Relations.

These actions recognize that the White House and Executive Office

staff must use their proximity to the President to insure that the

full resources of the government and the public are brought to bear

on Presidential decisions in a timely fashion. It is my purpose in

instituting these changes to strengthen Cabinet participation in

Presidential decisions.

II. RATIONALIZE EOP STRUCTURE BY LIMITING EOP, WHEREVER POSSIBLE,

TO FUNCTIONS WHICH BEAR A CLOSE RELATIONSHIP TO THE WORK OF THE

PRESIDENT

As the President's principal staff institution, there are several

major things the EOP must do:

Provide day-to-day operational support (e.g., scheduling,

appointments) and help the President communicate with the public,

the Congress, and the press.

Manage the budget and coordinate Administration positions on

matters before the Congress.

Manage the Presidential decisionmaking processes efficiently

and fairly, and bring the President the widest possible range of

opinions.

Help the President: plan and set priorities; monitor and

evaluate progress toward achieving the President's objectives;

understand and resolve major conflicts among line subordinates;

manage crises, especially in national security matters.

In order to restructure the EOP around these basic functions, the

functions of seven units should be discontinued or transferred, and

ten units, including the White House Office, should be retained but

modified.

Seven units should be discontinued or their functions

transferred. These are:

1. Office of Drug Abuse Policy.

2. Office of Telecommunications Policy.

3. Council on International Economic Policy.

4. Federal Property Council.

5. Energy Resources Council.

6. Economic Opportunity Council.

7. Domestic Council.

The functions of the Office of Drug Abuse Policy (ODAP) can be

performed by a smaller staff reporting to a Presidential adviser in

the EOP. The Office itself will be discontinued.

Much of the work done by the Office of Telecommunications Policy

(OTP) can be more effectively performed outside the EOP. It is

important that the EOP have the capacity to resolve differences and

that the President have immediate advice on telecommunications and

information policy, especially on national security, emergency

preparedness and privacy issues. This only requires a small staff

within EOP. The Office of Management and Budget would take

responsibility for Federal telecommunications procurement and

management policy and arbitration of interagency disputes about

frequency allocation. All other functions except developing

Presidential policy options would be transferred to a new office

within the Department of Commerce, headed by a new Assistant

Secretary for Communications and Information, who will perform many

of the functions previously performed by the head of the OTP.

I propose that the Economic Opportunity Council be discontinued;

it is dormant and its only active function (preparation of the

Catalogue of Federal Domestic Assistance) is being performed by

OMB. Three other units are also inactive and should be

discontinued: Council on International Economic Policy, the Federal

Property Council, and the Energy Resources Council.

The Domestic Council should be abolished. It has rarely

functioned as a Council, because it is too large and its membership

too diverse to make decisions efficiently. Its functions have been

performed entirely by its staff. This Domestic Policy Staff should

report to the Assistant to the President for Domestic Affairs and

Policy. Under the policy process system described earlier, they

should manage the process which coordinates the making of domestic

and most economic policy. They should work closely with the

Cabinet departments and agencies to insure that the views of the

Cabinet and agency heads are brought to the President before

decisions are made.

The ten EOP units which will continue with some modification are:

1. White House Office.

2. Office of the Vice President.

3. Office of Management and Budget.

4. Council on Environmental Quality.

5. Council of Economic Advisers.

6. Office of Science and Technology Policy.

7. Office of the Special Representative for Trade Negotiations.

8. National Security Council.

9. Intelligence Oversight Board.

10. Council on Wage and Price Stability.

The operations of the Office of the Vice President reflect the

combination of constitutional, statutory, and Presidentially

assigned duties that make it unique among EOP units. Because his

interests and assignments cover the same range as the President's,

the Vice President requires a staff with expertise in diverse

areas. Its basic functions should not be changed. However, I

propose that certain support functions - involving accounting,

personnel services, and supply - be transferred to a centralized

EOP Administrative Unit.

The Office of Management and Budget would remain as a separate

entity in the EOP, but some functional changes should be made.

Four functions should be transferred from OMB to other parts of the

government:

Administration to the new EOP Central Administrative Unit;

Executive Department/Labor Relations (except for Pay Agent,

Executive Level Pools, and Legislative Analysis) to the Civil

Service Commission;

Advisory Committee Management Secretariat to the General

Services Administration;

Statistical Policy (except Forms Clearance) to the Department

of Commerce.

I have asked the OMB to reorganize its management arm to

emphasize major Presidential initiatives, such as reorganization,

program evaluation, paperwork reduction, and regulatory reform.

The Council on Environmental Quality (CEQ) should remain in the

EOP as an environmental adviser to the President. The CEQ's major

purpose is to provide an independent assessment of our policies for

improving the environment. Toward this end, it will analyze long

term trends and conditions in the environment. It will advise OMB

on the reorganization of natural resources functions within the

Federal government. The Council will retain the functions it now

has under NEPA and Executive Order No. 11514 with the exception of

routine review of the adequacy of impact statements and the

administrative aspects of their receipt and handling. The EPA will

take over CEQ's evaluation responsibility under the Federal

Nonnuclear Energy Research Development Act of 1974 (section 5901 et

seq. of Title 42, The Public Health and Welfare). The CEQ will

continue to review and publish the Annual Report on Environmental

Quality.

The strength of the Council of Economic Advisers (CEQ) lies in

its economic analysis of current policy choices. It also presents

objective economic data, makes macroeconomic forecasts, and

analyzes economic trends and their impact on the national economy.

It will continue with a small reduction in staff.

The Office of Science and Technology Policy (OSTP) should retain

those science, engineering, and technology functions which can be

so useful in helping the President and his advisers make decisions

about policy and budget issues. Instead of the Intergovernmental

Science, Engineering, and Technology Advisory Panels, the President

should rely on an intergovernmental relations working group,

chaired by the Science Adviser. The Federal Coordinating Council on

Science and Technology should operate as a sub-Cabinet working

group chaired by the Science Adviser. The reorganization work of

the President's Committee on Science and Technology would be part

of the overall reorganization effort. The responsibility for

preparing certain reports should be transferred to the National

Science Foundation.

The proposal places manageable limits on OSTP's broad mandate

while emphasizing functions that support the President.

The Office of the Special Representative for Trade Negotiations

(STR) is now operating effectively and will be retained essentially

as is. With the difficult negotiations now underway in Geneva, the

benefits of transferring the STR to another agency are outweighed

by the potential reduction in its effectiveness as an international

negotiator.

The National Security Council (NSC) will be retained in its

present form and its staff slightly reduced.

Intelligence Oversight Board (IOB) should be retained to insure

that abuses of the past are not repeated and to emphasize

Presidential concerns regarding intelligence issues.

The Council of Wage and Price Stability (COWPS) is a necessary

weapon in the continuing fight against inflation and will be

retained. To be sure that its work is closely coordinated with the

economic analyses performed by the Council of Economic Advisers

(CEA), COWPS should be directed by the Chairman of CEA.

III. CENTRALIZE ADMINISTRATIVE FUNCTIONS

About 380 (22 percent) of the full-time, permanent EOP personnel

perform administrative support services in EOP units. Most EOP

units besides the White House and OMB are too small to provide a

full complement of administrative services. They depend on the

White House, OMB, GSA, other federal departments, or several of

these sources for many of these services. This approach is

inefficient; the quality is uneven and the coordination poor. Some

services are duplicated, others inconsistently distributed (excess

capacity in some units and deficiencies in others), and most too

costly.

I propose to combine administrative support operations into a

Central Administrative Unit in EOP to provide support in

administrative services common to all EOP entities. It should be a

separate EOP entity because of the need to assure equal access by

all other units.

This consolidation will result in:

Saving of roughly 40 positions and about $1.1 million, improved

and more innovative services.

A focus for monitoring the efficiency and responsibility of

administrative services.

A base for an effective EOP budget/planning system through

which the President can manage an integrated EOP rather than a

collection of disparate units.

The EOP has never before been organized as a single, unified

entity serving the President. It is only by viewing it as a whole

that we can improve efficiency through steps like the Central

Administrative Unit.

IV. REDUCE THE SIZE OF WHITE HOUSE AND EOP STAFFS

I am reducing the White House staff by 28 percent, from the 485 I

inherited from my predecessor to 351. This involves cuts in my

policy and administrative staffs as well as transfers to the

Central Administrative Unit.

I estimate that this plan and the other steps I am taking will

reduce staff levels in the EOP by about 250, from 1,712 full-time

permanent positions to about 1,460 and will save the taxpayers at

least $6 million.

As in the rest of the government, I will be reluctant to add

staff unless necessary to help me do my job better.

I ask that you support me in improving the operations of the

Executive Office of the President by approving the attached

reorganization plan.

In summary this plan would:

Abolish the Domestic Council and establish a Domestic Policy

Staff.

Establish within the EOP a Central Administrative Unit.

Transfer certain functions of the Council on Environmental

Quality to the President for redelegation.

Abolish the Office of Drug Abuse Policy and vest functions in

the President for redelegation.

Abolish the Office of Telecommunications Policy and transfer

functions to the Department of Commerce and to the President for

redelegation.

Create an Assistant Secretary of Commerce for Communications

and Information.

Vest some Office of Science and Technology Policy functions in

the President for redelegation.

Abolish the Economic Opportunity Council and vest those

functions in the President for redelegation.

Transfer the Committee Management Secretariat function of the

Office of Management and Budget to the President for

redelegation.

Make other incidental transfers attendant to those mentioned

above.

Each of the changes set forth in the plan accompanying this

message is necessary to accomplish one or more of the purposes set

forth in Section 901(a) of Title 5 of the United States Code. I

have taken care to determine that all functions abolished by the

plan are done so only under statutory authority provided by Section

903(b) of Title 5 of the United States Code. The provisions in the

plan for the appointment and pay of any head or officer of any

agency have been found by me to be necessary.

As we continue our studies of other parts of the Executive

Branch, we will find more ways to improve services in the EOP and

elsewhere. This plan is only a beginning, but I am confident that

it represents a major step toward a more efficient government that

will serve the needs of the people and the President well.

Jimmy Carter.

The White House, July 15, 1977.

ABOLITION OF OFFICE OF TELECOMMUNICATIONS POLICY

For effective date of the abolition of the Office of

Telecommunications Policy and its transfer of functions,

implementing Reorg. Plan No. 1 of 1977, set out above, see Ex. Ord.

No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out as a note under

section 305 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs.

-EXEC-

EX. ORD. NO. 12028. OFFICE OF ADMINISTRATION IN EXECUTIVE OFFICE OF

PRESIDENT

Ex. Ord. No. 12028, Dec. 12, 1977, 42 F.R. 62895, as amended by

Ex. Ord. No. 12122, Feb. 26, 1979, 44 F.R. 11197, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States of America, including the National

Security Act of 1947, as amended (act July 26, 1947, ch. 343, 61

Stat. 495), Reorganization Plan No. 2 of 1970 (5 U.S.C. App.),

Section 202 of the Budget and Accounting Procedures Act of 1950 (31

U.S.C. 581c) (31 U.S.C. 1531), and Reorganization Plan No. 1 of

1977 (42 FR 56101 (October 21, 1977)) (set out above), and as

President of the United States of America, in order to effectuate

the establishment of the Office of Administration in the Executive

Office of the President, it is hereby ordered as follows:

Section 1. The establishment, provided by Section 2 of

Reorganization Plan No. 1 of 1977 (42 F.R. 56101), of the Office of

Administration in the Executive Office of the President shall be

effective, as authorized by Section 7 of that Plan, on December 4,

1977.

Sec. 2. The Director of the Office of Administration, hereinafter

referred to as the Director, shall report to the President. As the

chief administrative officer of the Office of Administration, the

Director shall be responsible for ensuring that the Office of

Administration provides units within the Executive Office of the

President common administrative support and services.

Sec. 3. (a) The Office of Administration shall provide common

administrative support and services to all units within the

Executive Office of the President, except for such services

provided primarily in direct support of the President. The Office

of Administration shall, upon request, assist the White House

Office in performing its role of providing those administrative

services which are primarily in direct support of the President.

(b) The common administrative support and services provided by

the Office of Administration shall encompass all types of

administrative support and services that may be used by, or useful

to, units within the Executive Office of the President. Such

services and support shall include, but not be limited to,

providing support services in the following administrative areas:

(1) personnel management services, including equal employment

opportunity programs;

(2) financial management services;

(3) data processing, including support and services;

(4) library, records, and information services;

(5) office services and operations, including: mail, messenger,

printing and duplication, graphics, word processing, procurement,

and supply services; and

(6) any other administrative support or service which will

achieve financial savings and increase efficiency through

centralization of the supporting service.

(c) Administrative support and services shall be provided to all

units within the Executive Office of the President in a manner

consistent with available funds and other resources, or in accord

with Section 7 of the Act of May 21, 1920 (41 Stat. 613), as

amended (31 U.S.C. 686, referred to as the Economy Act) (31 U.S.C.

1535, 1536).

Sec. 4. (a) Subject to such direction or approval as the

President may provide or require, the Director shall organize the

Office of Administration, contract for supplies and services, and

do all other things that the President, as head of the Office of

Administration, might do.

(b) The Director is designated to perform the functions of the

President under Section 107(b) of Title 3 of the United States

Code.

(c) The Director may appoint and fix the pay of employees

pursuant to the provisions of Section 107(b)(1)(A) of Title 3 of

the United States Code without regard to any other provision of law

regulating the employment or compensation of persons in the

Government service. Under that section the Director may also fix

the pay of an employee serving in a competitive position or in the

career service in order to avoid the pay limitation imposed by

Section 114 of Title 3 of the United States Code. The provisions of

other laws regulating the employment or compensation of persons in

the Government service shall continue to apply to such employee.

(d) The Director shall not be accountable for the program and

management responsibilities of units within the Executive Office of

the President; the head of each unit shall remain responsible for

those functions.

Sec. 5. The primary responsibility for performing all

administrative support and service functions of units within the

Executive Office of the President shall be transferred and

reassigned to the Office of Administration; except to the extent

those functions are vested by law in the head of such a unit, other

than the President; and except to the extent those functions are

performed by the White House Office primarily in direct support of

the President.

Sec. 6. The records, property, personnel, and unexpended balances

of appropriations, available or to be made available, which relate

to the functions transferred or reassigned by this Order from units

within the Executive Office of the President to the Office of

Administration, shall be transferred to the Office of

Administration.

Sec. 7. (a) The Director of the Office of Management and Budget

shall make such determinations, issue such orders, and take all

actions necessary or appropriate to effectuate the transfers or

reassignments provided by this Order, including the transfer of

funds, records, property, and personnel.

(b) Such transfers shall become effective on April 1, 1978, or at

such earlier time or times as the Director of the Office of

Management and Budget determines, after consultation with the

Director of the Office of Administration and other appropriate

units within the Executive Office of the President.

Jimmy Carter.

EX. ORD. NO. 12045. IMPLEMENTATION OF REORGANIZATION PLAN RELATING

TO DOMESTIC COUNCIL, DOMESTIC POLICY STAFF, OFFICE OF DRUG ABUSE

POLICY, AND ECONOMIC OPPORTUNITY COUNCIL

Ex. Ord. No. 12045, Mar. 27, 1978, 43 F.R. 13347, provided:

By virtue of the authority vested in me by the Constitution and

laws of the United States of America, including Section 7 of

Reorganization Plan No. 1 of 1977 (42 F.R. 56101 (October 21,

1977)) (set out above), Section 202 of the Budget and Accounting

Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and

Section 301 of Title 3 of the United States Code, and as President

of the United States of America, in order to provide for transfers

of the functions of the Office of Drug Abuse Policy, the Domestic

Council, and the Economic Opportunity Council, and the abolition of

the Office of Drug Abuse Policy, and Domestic Council, and the

Economic Opportunity Council, and for other purposes, it is hereby

ordered as follows:

Section 1. (a) The transfer of all functions of the Domestic

Council, as provided by Section 5D of Reorganization Plan No. 1 of

1977 (42 F.R. 56101), is hereby effective.

(b) The redesignation of the Domestic Council Staff as the

Domestic Policy Staff and the other provisions of Section 1 of

Reorganization Plan No. 1 of 1977 (42 F.R. 56101), are hereby

effective.

(c) The abolition of the Domestic Council, as provided by Section

3A of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby

effective.

(d) The Domestic Policy Staff shall perform such functions as the

President may from time to time direct.

Sec. 2. (a) The transfer of all functions of the Office of Drug

Abuse Policy and its Director, as provided by Section 5C of

Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby

effective.

(b) The abolition of the Office of Drug Abuse Policy, as provided

by Section 3B of Reorganization Plan No. 1 of 1977 (42 F.R. 56101),

is hereby effective.

(c) The Domestic Policy Staff shall assist the President in the

performance of the functions transferred by Section 5C of

Reorganization Plan No. 1 of 1977 (42 F.R. 56101).

Sec. 3. (a) The transfer of all functions of the Economic

Opportunity Council, as provided by Section 5G of Reorganization

Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective.

(b) The abolition of the Economic Opportunity Council, as

provided by Section 3D Reorganization Plan No. 1 of 1977 (42 F.R.

56101), is hereby effective.

Sec. 4. All provisions of Reorganization Plan No. 1 of 1977 (42

F.R. 56101) not made effective on or prior to the effective date of

this Order are hereby effective.

Sec. 5. The records, property, personnel, and unexpended balances

of appropriations, available or to be made available, which relate

to the functions transferred, assigned, or delegated as provided in

this Order are hereby transferred as appropriate.

Sec. 6. The Director of the Office of Management and Budget shall

make such determinations, issue such orders, and take all actions

necessary or appropriate to effectuate the transfers or

reassignments provided in this Order, including the transfer of

funds, records, property, and personnel.

Sec. 7. This Order shall be effective March 26, 1978.

Jimmy Carter.

EXECUTIVE ORDER NO. 12133

Ex. Ord. No. 12133, May 9, 1979, 44 F.R. 27635, which related to

the drug policy functions of the Domestic Policy Staff, was revoked

by Ex. Ord. No. 12368, June 24, 1982, 47 F.R. 27843, set out as a

note under section 1112 of Title 21, Food and Drugs.

EX. ORD. NO. 12134. TRANSFER OF PRINTING AND DUPLICATING SERVICE

ACTIVITY OF OFFICE OF ADMINISTRATION TO DEPARTMENT OF NAVY

Ex. Ord. No. 12134, May 9, 1979, 44 F.R. 27637, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Reorganization

Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and

Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C.

1531), and Reorganization Plan No. 1 of 1977 (42 F.R. 56101; 5

U.S.C. App.) (also set out above), and in order to provide for the

transfer of the printing and duplicating service activity from the

Office of Administration in the Executive Office of the President

to the Department of the Navy, it is hereby ordered as follows:

1-101. (a) The primary responsibility for performing the common

and usual administrative support and services that are related to

printing and duplication and that are assigned to the Office of

Administration in the Executive Office of the President by Section

3(b)(5) of Executive Order No. 12028, as amended (set out above),

is transferred and reassigned to the Department of the Navy.

(b) The Department of the Navy shall be primarily responsible for

providing to the Office of Administration, both onsite and offsite,

that common and usual administrative support and service related to

printing and duplication. It shall be provided in a manner

consistent with available funds and other resources, or in accord

with Section 7 of the Act of May 21, 1920 (41 Stat. 613), as

amended (31 U.S.C. 686, referred to as the Economy Act) (31 U.S.C.

1535, 1536).

1-102. The records, property, personnel, and unexpended balances

of appropriations, available or to be made available, which relate

to the functions transferred or reassigned by this Order, shall be

transferred to the Department of the Navy.

1-103. The Director of the Office of Management and Budget shall

make such determinations, issue such orders, and take all actions

necessary or appropriate to effectuate the transfers or

reassignments provided by this Order, including the transfer of

funds, records, property, and personnel.

1-104. Such transfers shall be effective on May 6, 1979.

Jimmy Carter.

EX. ORD. NO. 12859. ESTABLISHMENT OF DOMESTIC POLICY COUNCIL

Ex. Ord. No. 12859, Aug. 16, 1993, 58 F.R. 44101, as amended by

Ex. Ord. No. 13284, Sec. 10, Jan. 23, 2003, 68 F.R. 4076, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

105, 107, and 301 of title 3, United States Code, it is hereby

ordered as follows:

Section 1. Establishment. There is established the Domestic

Policy Council (''the Council'').

Sec. 2. Membership. The Council shall comprise the:

(a) President, who shall serve as a Chairman of the Council;

(b) Vice President;

(c) Secretary of Health and Human Services;

(d) Attorney General;

(e) Secretary of Labor;

(f) Secretary of Veterans Affairs;

(g) Secretary of the Interior;

(h) Secretary of Education;

(i) Secretary of Housing and Urban Development;

(j) Secretary of Agriculture;

(k) Secretary of Transportation;

(l) Secretary of Commerce;

(m) Secretary of Energy;

(n) Secretary of the Treasury;

(o) Secretary of Homeland Security;

(p) Administrator of the Environmental Protection Agency;

(q) Chair of the Council of Economic Advisers;

(r) Director of the Office of Management and Budget;

(s) Assistant to the President for Economic Policy;

(t) Assistant to the President for Domestic Policy;

(u) Assistant to the President and Director of the Office of

National Service;

(v) Senior Advisor to the President for Policy Development;

(w) Director, Office of National Drug Control Policy;

(x) AIDS Policy Coordinator; and

(y) Such other officials of Executive departments and agencies as

the President may, from time to time, designate.

Sec. 3. Meeting of the Council. The President, or upon his

direction, the Assistant to the President for Domestic Policy

(''the Assistant''), may convene meetings of the Council. The

President shall preside over the meetings of the Council, provided

that in his absence the Vice President, and in his absence the

Assistant, will preside.

Sec. 4. Functions. (a) The principal functions of the Council

are: (1) to coordinate the domestic policy-making process; (2) to

coordinate domestic policy advice to the President; (3) to ensure

that domestic policy decisions and programs are consistent with the

President's stated goals, and to ensure that those goals are being

effectively pursued; and (4) to monitor implementation of the

President's domestic policy agenda. The Assistant may take such

actions, including drafting a Charter, as may be necessary or

appropriate to implement such functions.

(b) All executive departments and agencies, whether or not

represented on the Council, shall coordinate domestic policy

through the Council.

(c) In performing the foregoing functions, the Assistant will,

when appropriate, work with the Assistant to the President for

National Security Affairs and the Assistant to the President for

Economic Policy.

Sec. 5. Administration. (a) The Council may function through

established or ad hoc committees, task forces or interagency

groups.

(b) The Council shall have a staff to be headed by the Assistant

to the President for Domestic Policy. The Council shall have such

staff and other assistance as may be necessary to carry out the

provisions of this order.

(c) All executive departments and agencies shall cooperate with

the Council and provide such assistance, information, and advice to

the Council as the Council may request, to the extent permitted by

law.

EX. ORD. NO. 13199. ESTABLISHMENT OF WHITE HOUSE OFFICE OF

FAITH-BASED AND COMMUNITY INITIATIVES

Ex. Ord. No. 13199, Jan. 29, 2001, 66 F.R. 8499, provided:

By the authority vested in me as President of the United States

by the Constitution and the laws of the United States of America,

and in order to help the Federal Government coordinate a national

effort to expand opportunities for faith-based and other community

organizations and to strengthen their capacity to better meet

social needs in America's communities, it is hereby ordered as

follows:

Section 1. Policy. Faith-based and other community organizations

are indispensable in meeting the needs of poor Americans and

distressed neighborhoods. Government cannot be replaced by such

organizations, but it can and should welcome them as partners. The

paramount goal is compassionate results, and private and charitable

community groups, including religious ones, should have the fullest

opportunity permitted by law to compete on a level playing field,

so long as they achieve valid public purposes, such as curbing

crime, conquering addiction, strengthening families and

neighborhoods, and overcoming poverty. This delivery of social

services must be results oriented and should value the bedrock

principles of pluralism, nondiscrimination, evenhandedness, and

neutrality.

Sec. 2. Establishment. There is established a White House Office

of Faith-Based and Community Initiatives (White House OFBCI) within

the Executive Office of the President that will have lead

responsibility in the executive branch to establish policies,

priorities, and objectives for the Federal Government's

comprehensive effort to enlist, equip, enable, empower, and expand

the work of faith-based and other community organizations to the

extent permitted by law.

Sec. 3. Functions. The principal functions of the White House

OFBCI are, to the extent permitted by law: (a) to develop, lead,

and coordinate the Administration's policy agenda affecting

faith-based and other community programs and initiatives, expand

the role of such efforts in communities, and increase their

capacity through executive action, legislation, Federal and private

funding, and regulatory relief;

(b) to ensure that Administration and Federal Government policy

decisions and programs are consistent with the President's stated

goals with respect to faith-based and other community initiatives;

(c) to help integrate the President's policy agenda affecting

faith-based and other community organizations across the Federal

Government;

(d) to coordinate public education activities designed to

mobilize public support for faith-based and community nonprofit

initiatives through volunteerism, special projects, demonstration

pilots, and public-private partnerships;

(e) to encourage private charitable giving to support faith-based

and community initiatives;

(f) to bring concerns, ideas, and policy options to the President

for assisting, strengthening, and replicating successful

faith-based and other community programs;

(g) to provide policy and legal education to State, local, and

community policymakers and public officials seeking ways to empower

faith-based and other community organizations and to improve the

opportunities, capacity, and expertise of such groups;

(h) to develop and implement strategic initiatives under the

President's agenda to strengthen the institutions of civil society

and America's families and communities;

(i) to showcase and herald innovative grassroots nonprofit

organizations and civic initiatives;

(j) to eliminate unnecessary legislative, regulatory, and other

bureaucratic barriers that impede effective faith-based and other

community efforts to solve social problems;

(k) to monitor implementation of the President's agenda affecting

faith-based and other community organizations; and

(l) to ensure that the efforts of faith-based and other community

organizations meet high standards of excellence and accountability.

Sec. 4. Administration. (a) The White House OFBCI may function

through established or ad hoc committees, task forces, or

interagency groups.

(b) The White House OFBCI shall have a staff to be headed by the

Assistant to the President for Faith-Based and Community

Initiatives. The White House OFBCI shall have such staff and other

assistance, to the extent permitted by law, as may be necessary to

carry out the provisions of this order. The White House OFBCI

operations shall begin no later than 30 days from the date of this

order.

(c) The White House OFBCI shall coordinate with the liaison and

point of contact designated by each executive department and agency

with respect to this initiative.

(d) All executive departments and agencies (agencies) shall

cooperate with the White House OFBCI and provide such information,

support, and assistance to the White House OFBCI as it may request,

to the extent permitted by law.

(e) The agencies' actions directed by this Executive Order shall

be carried out subject to the availability of appropriations and to

the extent permitted by law.

Sec. 5. Judicial Review. This order does not create any right or

benefit, substantive or procedural, enforceable at law or equity by

a party against the United States, its agencies or

instrumentalities, its officers or employees, or any other person.

George W. Bush.

EX. ORD. NO. 13283. ESTABLISHING THE OFFICE OF GLOBAL

COMMUNICATIONS

Ex. Ord. No. 13283, Jan. 21, 2003, 68 F.R. 3371, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered

as follows:

Section 1. Establishment of the Office of Global Communications.

There is hereby established within the White House Office an Office

of Global Communications (the ''Office'') to be headed by a Deputy

Assistant to the President for Global Communications.

Sec. 2. Mission. The mission of the Office shall be to advise the

President, the heads of appropriate offices within the Executive

Office of the President, and the heads of executive departments and

agencies (agencies) on utilization of the most effective means for

the United States Government to ensure consistency in messages that

will promote the interests of the United States abroad, prevent

misunderstanding, build support for and among coalition partners of

the United States, and inform international audiences. The Office

shall provide such advice on activities in which the role of the

United States Government is apparent or publicly acknowledged.

Sec. 3. Functions. In carrying out its mission:

(a) The Office shall assess the methods and strategies used by

the United States Government (other than special activities as

defined in Executive Order 12333 of December 4, 1981 (50 U.S.C. 401

note)) to deliver information to audiences abroad. The Office

shall coordinate the formulation among appropriate agencies of

messages that reflect the strategic communications framework and

priorities of the United States, and shall facilitate the

development of a strategy among the appropriate agencies to

effectively communicate such messages.

(b) The Office shall work with the policy and communications

offices of agencies in developing a strategy for disseminating

truthful, accurate, and effective messages about the United States,

its Government and policies, and the American people and culture.

The Office may, after consulting with the Department of State and

obtaining the approval of the Assistant to the President for

National Security Affairs on the President's behalf, work with

cooperating foreign governments in the development of the

strategy. In performing its work, the Office shall coordinate

closely and regularly with the Assistant to the President for

National Security Affairs, or the Assistant's designee.

(c) The Office shall work with appropriate agencies to coordinate

the creation of temporary teams of communicators for short-term

placement in areas of high global interest and media attention as

determined by the Office. Team members shall include personnel from

agencies to the extent permitted by law and subject to the

availability of personnel. In performing its functions, each

information team shall work to disseminate accurate and timely

information about topics of interest to the on-site news media, and

assist media personnel in obtaining access to information,

individuals, and events that reinforce the strategic communications

objectives of the United States and its allies. The Office shall

coordinate when and where information teams should be deployed;

provided, however, no information team shall be deployed abroad

without prior consultation with the Department of State and the

Department of Defense, and prior notification to the Office of the

Assistant to the President for National Security Affairs.

(d) The Office shall encourage the use of state-of-the-art media

and technology and shall advise the United States Government of

events, technologies, and other communications tools that may be

available for use in conveying information.

Sec. 4. Administration. The Office of Administration within the

Executive Office of the President shall provide the Office with

administrative and related support, to the extent permitted by law

and subject to the availability of appropriations, as directed by

the Chief of Staff to the President to carry out the provisions of

this order.

Sec. 5. Relationship to Other Interagency Coordinating

Mechanisms. Presidential direction regarding National Security

Council-related mechanisms for coordination of national security

policy shall apply with respect to the Office in the same manner as

it applies with respect to other elements of the White House

Office. Nothing in this order shall be construed to impair or

otherwise affect any function assigned by law or by the President

to the National Security Council or to the Assistant to the

President for National Security Affairs.

Sec. 6. Continuing Authorities. This order does not alter the

existing authorities of any agency. Agencies shall assist the

Deputy Assistant to the President for Global Communications, to the

extent consistent with applicable law and direction of the

President, and to the extent such assistance is consistent with

national security objectives and with the mission of such agencies,

in carrying out the Office's mission.

Sec. 7. General Provisions.

(a) This order is not intended to, and does not, create any right

or benefit, substantive or procedural, enforceable at law or equity

by any party against the United States, its agencies,

instrumentalities or entities, its officers or employees, or any

other person.

(b) Nothing in this order shall be construed to grant to the

Office any authority to issue direction to agencies, officers, or

employees. George W. Bush.

-CITE-

3 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 2 - OFFICE AND COMPENSATION OF PRESIDENT

-HEAD-

Sec. 101. Commencement of term of office

-STATUTE-

The term of four years for which a President and Vice President

shall be elected, shall, in all cases, commence on the 20th day of

January next succeeding the day on which the votes of the electors

have been given.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 678.)

-MISC1-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-293, Sec. 1, Oct. 12, 2000, 114 Stat. 1035, provided

that: ''This Act (amending provisions set out as a note under

section 102 of this title) may be cited as the 'Presidential

Transition Act of 2000'.''

DWIGHT D. EISENHOWER EXECUTIVE OFFICE BUILDING

Pub. L. 106-92, Nov. 9, 1999, 113 Stat. 1309, provided that:

''SECTION 1. DESIGNATION OF DWIGHT D. EISENHOWER EXECUTIVE OFFICE

BUILDING.

''The Old Executive Office Building located at 17th Street and

Pennsylvania Avenue, NW, in Washington, District of Columbia, shall

be known and designated as the 'Dwight D. Eisenhower Executive

Office Building'.

''SEC. 2. REFERENCES.

''Any reference in a law, map, regulation, document, paper, or

other record of the United States to the building referred to in

section 1 shall be deemed to be a reference to the 'Dwight D.

Eisenhower Executive Office Building'.''

Pub. L. 100-461, title V, Sec. 590, Oct. 1, 1988, 102 Stat.

2268-52, as amended by Pub. L. 106-92, Sec. 2, Nov. 9, 1999, 113

Stat. 1309, provided that:

''(a) Acceptance of Gifts of Money and Property. - The Director

of the Office of Administration is authorized to -

''(1) accept, hold, administer, utilize and sell gifts and

bequests of property, both real and personal, and loans of

personal property other than money; and

''(2) accept and utilize voluntary and uncompensated services;

for the purpose of aiding, benefiting, or facilitating the work of

preservation, restoration, renovation, rehabilitation, or historic

furnishing of the Dwight D. Eisenhower Executive Office Building

and the grounds thereof.

''(b) Establishment of Fund. - There is established in the

Treasury a fund for use in accordance with the provisions of this

section. Amounts of money and proceeds from the sale of property

accepted under subsection (a) shall be deposited in the fund, which

shall be available to the Director of the Office of Administration.

Such funds shall be held in trust by the Secretary of the Treasury.

''(c) Use of Fund. - Property accepted pursuant to this section

or the proceeds from the sale thereof, shall be used as nearly as

possible in accordance with the terms of the gift or bequest. Any

use or sale of property accepted pursuant to this section, and any

use of proceeds from such sale, shall be subject to the disapproval

of the Administrator of General Services within 30 days after the

Administrator receives notice of such use or sale. The Director of

the Office of Administration shall not accept any gift under this

section that is expressly conditioned on any expenditure not to be

met from the gift itself unless such expenditure has been approved

by an Act of Congress.

''(d) Taxes. - For the purpose of the Federal income, estate, and

gift tax laws, property accepted under this section shall be

considered as a gift, bequest, or devise to the United States.''

PRESIDENT'S ADVISORY COMMISSION ON PRESIDENTIAL OFFICE SPACE

Act Aug. 3, 1956, ch. 925, 70 Stat. 979, as amended by Pub. L.

85-3, Jan. 25, 1957, 71 Stat. 4, created a President's Advisory

Commission on Presidential Office Space to study the problem of

providing more adequate office space for the White House Office and

the other agencies of the Executive Office of the President.

Pursuant to section 1(b) of act Aug. 3, 1956, the Commission was

required to report to the President its findings and

recommendations within 10 months after Aug. 3, 1956, and section

2(g) of act Aug. 3, 1956, provided that the Commission should cease

to exist 30 days after the submission of its final report.

-CITE-

3 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 2 - OFFICE AND COMPENSATION OF PRESIDENT

-HEAD-

Sec. 102. Compensation of the President

-STATUTE-

The President shall receive in full for his services during the

term for which he shall have been elected compensation in the

aggregate amount of $400,000 a year, to be paid monthly, and in

addition an expense allowance of $50,000 to assist in defraying

expenses relating to or resulting from the discharge of his

official duties, for which expense allowance no accounting, other

than for income tax purposes, shall be made by him. He shall be

entitled also to the use of the furniture and other effects

belonging to the United States and kept in the Executive Residence

at the White House.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 678; Jan. 19, 1949, ch. 2, Sec.

1(a), 63 Stat. 4; Oct