CHAPTER 2 —OFFICE AND COMPENSATION OF PRESIDENT
Editorial Notes
Amendments
1998—
1978—
Statutory Notes and Related Subsidiaries
Executive Office Personnel Background Investigations; Leaves of Absence
"(a)
"(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)
[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
Executive Documents
REORGANIZATION PLAN NO. 1 OF 1977
42 F.R. 56101, 91 Stat. 1633 , as amended by Pub. L. 97–195, §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, 1977,1 pursuant to the provisions of
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
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 (
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 (
F. Those functions of the Office of Management and Budget and its Director relating to the Committee Management Secretariat (
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
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 (
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 [
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
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.
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
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,
(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 (
(b) The Director is designated to perform the functions of the President under
(c) The Director may appoint and fix the pay of employees pursuant to the provisions of
(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.
(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 (
(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.
(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).
(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.
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
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 (
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 (
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, §10, Jan. 23, 2003, 68 F.R. 4076; Ex. Ord. No. 13500, Feb. 5, 2009, 74 F.R. 6981; Ex. Ord. No. 13569, §3, Apr. 5, 2011, 76 F.R. 19891, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(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) Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Liaison;
(v) Chair of the Council on Environmental Quality;
(w) Director, Office of National Drug Control Policy;
(x) Assistant to the President and Chief Technology Officer;
(y) Chief Executive Officer, Corporation for National and Community Service[;]
(z) Director of the Office of Science and Technology Policy; and
(aa) Such other officials of Executive departments and agencies as the President may, from time to time, designate.
(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.
(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.
Executive Order No. 13199
Ex. Ord. No. 13199, Jan. 29, 2001, 66 F.R. 8499, as amended by Ex. Ord. No. 13498, §1, Feb. 5, 2009, 74 F.R. 6533, which established the White House Office of Faith-Based and Neighborhood Partnerships, was revoked by Ex. Ord. No. 13831, §4, May 3, 2018, 83 F.R. 20717, set out below.
Executive Order No. 13283
Ex. Ord. No. 13283, Jan. 21, 2003, 68 F.R. 3371, which established the Office of Global Communications in the White House Office, was revoked by Ex. Ord. No. 13385, §9, Sept. 29, 2005, 70 F.R. 57991, formerly set out as a note under
Executive Order No. 13498
Ex. Ord. No. 13498, Feb. 5, 2009, 74 F.R. 6533, which established the President's Advisory Council for Faith-Based and Neighborhood Partnerships, was revoked by Ex. Ord. No. 13831, §4, May 3, 2018, 83 F.R. 20717, formerly set out below.
[For extensions of term of the President's Advisory Council on Faith-Based and Neighborhood Partnerships, see Ex. Ord. Nos. 13569 and 13640, set out below, and Executive Orders listed after Ex. Ord. No. 13640.]
Ex. Ord. No. 13503. Establishment of the White House Office of Urban Affairs
Ex. Ord. No. 13503, Feb. 19, 2009, 74 F.R. 8139, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to take a coordinated and comprehensive approach to developing and implementing an effective strategy concerning urban America, it is hereby ordered as follows:
(a) to provide leadership for and coordinate the development of the policy agenda for urban America across executive departments and agencies;
(b) to coordinate all aspects of urban policy;
(c) to work with executive departments and agencies to ensure that appropriate consideration is given by such departments and agencies to the potential impact of their actions on urban areas;
(d) to work with executive departments and agencies, including the Office of Management and Budget, to ensure that Federal Government dollars targeted to urban areas are effectively spent on the highest-impact programs; and
(e) to engage in outreach and work closely with State and local officials, with nonprofit organizations, and with the private sector, both in seeking input regarding the development of a comprehensive urban policy and in ensuring that the implementation of Federal programs advances the objectives of that policy.
(a) the Department of the Treasury;
(b) the Department of Justice;
(c) the Department of Commerce;
(d) the Department of Labor;
(e) the Department of Health and Human Services;
(f) the Department of Housing and Urban Development;
(g) the Department of Transportation;
(h) the Department of Energy;
(i) the Department of Education; and
(j) the Environmental Protection Agency.
(b) The Office shall have a staff headed by the Deputy Assistant to the President and Director of Urban Affairs (Director). The Director shall report jointly to the Assistant to the President for Intergovernmental Affairs and Public Liaison and to the Assistant to the President for Domestic Policy. The Office 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 Office and provide such information, support, and assistance to the Office as the Director may request, to the extent permitted by law.
(i) authority granted by law to a department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Executive Order No. 13509
Ex. Ord. No. 13509, June 23, 2009, 74 F.R. 30903, which established the White House Council on Automotive Communities and Workers, was revoked by Ex. Ord. No. 13578, §3, July 6, 2011, 76 F.R. 40592, set out as a note under
Ex. Ord. No. 13569. Amendments to Executive Orders 12824, 12835, 12859, and 13532, Reestablishment Pursuant to Executive Order 13498, and Revocation of Executive Order 13507
Ex. Ord. No. 13569, Apr. 5, 2011, 76 F.R. 19891, 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:
Barack Obama.
Extension of Term of President's Advisory Council on Faith-Based and Neighborhood Partnerships
Ex. Ord. No. 13640, Apr. 5, 2013, 78 F.R. 21211, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see
(1) the authority granted by law to an executive department, agency, or the head thereof; or
(2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Additional Extensions of Term of President's Advisory Council on Faith-Based and Neighborhood Partnerships
Term of President's Advisory Council on Faith-Based and Neighborhood Partnerships extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under
Previous extension of term of President's Advisory Council on Faith-Based and Neighborhood Partnerships was contained in the following prior Executive Order:
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Executive Order No. 13831
Ex. Ord. No. 13831, May 3, 2018, 83 F.R. 20715, which established a White House Faith and Opportunity Initiative, was revoked by Ex. Ord. No. 14015, §6, Feb. 14, 2021, 86 F.R. 10008, set out below.
Ex. Ord. No. 14015. Establishment of the White House Office of Faith-Based and Neighborhood Partnerships
Ex. Ord. No. 14015, Feb. 14, 2021, 86 F.R. 10007, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to better serve people in need through partnerships with civil society, while preserving our fundamental constitutional commitments, it is hereby ordered:
(a) to assist in organizing more effective efforts to serve people in need across the country and around the world, in partnership with civil society, including faith-based and secular organizations;
(b) to develop, lead, and coordinate the Administration's policy agenda affecting faith-based and other community programs and initiatives and to optimize the role of such efforts in communities;
(c) to ensure that policy decisions and programs throughout the Federal Government are consistent with the policy set forth in section 1 of this order with respect to faith-based and other community initiatives;
(d) to bring concerns, ideas, and policy options to Administration leadership for assisting, strengthening, and replicating partnerships, whether financial or nonfinancial, with faith-based and other community organizations; and
(e) to promote awareness among diverse civil society leaders of opportunities to partner—both financially and otherwise—with the Federal Government to serve people in need and to build institutional capacity.
(b) The White House Partnerships Office shall be led by an Executive Director and a Deputy Director. The operations of the White House Partnerships Office shall begin within 30 days of the date of this order [Feb. 14, 2021].
(c) The White House Partnerships Office shall coordinate with the liaison and point of contact designated by each executive department and agency (agency) with respect to this initiative.
(d) All agencies shall cooperate with the White House Partnerships Office and provide such information, support, and assistance to the White House Partnerships Office as it may request, to the extent permitted by law.
(e) In order to ensure that Federal programs and practices involving grants or contracts to faith-based organizations are consistent with applicable law, the Executive Director of the White House Partnerships Office, acting through the Counsel to the President, may seek the opinion of the Attorney General on any constitutional and statutory questions involving existing or prospective programs and practices.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
White House Task Force on Middle-Class Working Families
Memorandum of President of the United States, Jan. 30, 2009, 74 F.R. 5979, provided:
Memorandum for the Heads of Executive Departments and Agencies
For many years, middle-class Americans have been working harder, yet not enjoying their fair share of the fruits of a growing economy. While the productivity of the American workforce grew during the decade ending in 2007, middle-income workers saw their real incomes fall. The current economic situation has exacerbated the challenges facing middle-class Americans, with health care coverage, safe and steady employment opportunities, effective and affordable education, owning a home, and saving for retirement slipping out of reach. It is a high priority of my Administration to achieve a secure future for middle-class working families, one in which they share in prosperous times and are cushioned during hard times. To these ends, I hereby direct the following:
(a)
(1) the Department of Commerce;
(2) the Department of Labor;
(3) the Department of Health and Human Services;
(4) the Department of Education;
(5) the Office of Management and Budget;
(6) the National Economic Council;
(7) the Domestic Policy Council;
(8) the Council of Economic Advisers; and
(9) such other executive branch departments, agencies, or offices as the President may designate.
A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is a part of the member's department, agency, or office, and who is a full-time officer or employee of the Federal Government. At the direction of the Chair, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees under this section, as appropriate.
(b)
(a) expand education and lifelong training opportunities;
(b) improve work and family balance;
(c) restore labor standards, including workplace safety;
(d) protect the incomes of middle-class working families; and
(e) protect retirement security.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
§101. Commencement of term of office
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.
(June 25, 1948, ch. 644,
Statutory Notes and Related Subsidiaries
Short Title of 2000 Amendment
Dwight D. Eisenhower Executive Office Building
"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'."
"(a)
"(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)
"(c)
"(d)
President's Advisory Commission on Presidential Office Space
Act Aug. 3, 1956, ch. 925,
§102. Compensation of the President
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. Any unused amount of such expense allowance shall revert to the Treasury pursuant to
(June 25, 1948, ch. 644,
Editorial Notes
Amendments
2004—
1999—
1978—
1969—
1951—Act Oct. 20, 1951, made President's expense allowance taxable.
1949—Act Jan. 19, 1949, increased salary from $75,000 to $100,000 per year, and gave President a yearly expense account of $50,000 for which he was to make no accounting and which was tax free.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Effective Date of 1978 Amendment
Effective Date of 1969 Amendment
Effective Date of 1951 Amendment
Act Oct. 20, 1951, ch. 521, title VI, §619(e),
Effective Date of 1949 Amendment
Amendment by act Jan. 19, 1949, effective noon, Jan. 19, 1949, see section 3 of that act.
Authorization of Transition Activities by the Incumbent Administration
Disclosure of In-Kind Contributions to 1988–1989 Transition
"(a)
"(1) transportation;
"(2) hotel and other accommodations;
"(3) suitable office space; and
"(4) furniture, furnishings, office machines and equipment, and office supplies.
"(b)
"(1) in the form of a report to the Administrator of General Services within 90 days after January 20, 1989; and
"(2) made available to the public by the Administrator upon receipt by the Administrator."
Presidential Transition Act of 1963
"purpose of this act
"
"services and facilities authorized to be provided to apparent successful candidates
"
"(1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Administrator, after consultation with the apparent successful candidate, or their designee provided for in subsection (e) of this section, at such place or places within the United States as the apparent successful candidate shall designate.
"(2) Payment of the compensation of members of office staffs designated by the apparent successful candidate at rates determined by them not to exceed the rate provided by the Classification Act of 1949, as amended [
"(3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the apparent successful candidate, as authorized for the head of any department by section 15 of the Administrative Expenses Act of 1946, as amended (
"(4)(A) Payment of travel expenses and subsistence allowances, including rental of Government or hired motor vehicles, found necessary by the apparent successful candidate, as authorized for persons employed intermittently or for persons serving without compensation by section 5 of the Administrative Expenses Act of 1946, as amended (
"(B) When requested by the apparent successful candidate or their designee, and approved by the President, Government aircraft may be provided for transition purposes on a reimbursable basis; when requested by the apparent successful candidate or their designee, aircraft may be chartered for transition purposes; and any collections from the Secret Service, press, or others occupying space on chartered aircraft shall be deposited to the credit of the appropriations made under section 7 of this Act.
"(5) Communications services found necessary by the apparent successful candidate.
"(6) Payment of expenses for necessary printing and binding, notwithstanding the Act of January 12, 1895, and the Act of March 1, 1919, as amended (
"(7) Reimbursement to the postal revenues in amounts equivalent to the postage that would otherwise be payable on mail matter referred to in subsection (d) of this section.
"(8)(A)(i) Not withstanding subsection (b), payment of expenses during the transition and during the term of a President for briefings, workshops, or other activities to acquaint key prospective Presidential appointees with the types of problems and challenges that most typically confront new political appointees when they make the transition from campaign and other prior activities to assuming the responsibility for governance.
"(ii) Activities under this paragraph may include interchange between such appointees and individuals who—
"(I) held similar leadership roles in prior administrations;
"(II) are department or agency experts from the Office of Management and Budget or an Office of Inspector General of a department or agency; or
"(III) are relevant staff from the Government Accountability Office.
"(iii) Activities under this paragraph may include training or orientation in records management to comply with
"(iv) Activities under this paragraph may include training or orientation in human resources management and performance-based management.
"(v) Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of specific operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force. This summary shall be provided to the apparent successful candidate for the office of President as soon as possible after the date of the general elections held to determine the electors of President and Vice President under
"(B) Activities under this paragraph shall be conducted primarily for individuals the apparent successful candidate for the office of President or eligible candidate (as defined in subsection (h)(4)) for President intends to nominate as department heads or appoint to key positions in the Executive Office of the President or Executive agencies (as defined in
"(9)(A) Notwithstanding subsection (b), development of a transition directory by the Administrator of General Services Administration, in consultation with the Archivist of the United States (head of the National Archives and Records Administration) for activities conducted under paragraph (8).
"(B) The transition directory shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency.
"(10) Notwithstanding subsection (b), consultation by the Administrator with any apparent successful candidate or eligible candidate (as defined in subsection (h)(4)) to develop a systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to Federal systems if the candidate is elected including, to the greatest extent practicable, human resource management system software compatible with the software used by the incumbent President and likely to be used by the apparent successful candidates.
"(b) The Administrator shall expend funds for the provision of services and facilities under this section—
"(1) in connection with any obligation incurred by the apparent successful candidates, or after the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President incurred by the President or Vice President, during the period—
"(A) beginning on the day after the date of the general elections held to determine the electors of the President and Vice President under
"(B) ending on the date that is 60 days after the date of such inauguration; and
"(2) without regard to whether the apparent successful candidate, President, or Vice President submits to the Administrator a request for payment regarding services or facilities before the end of such period.
"(c)(1)
"(A)
"(i) If all but one eligible candidate for the office of President and one eligible candidate for the office of Vice President, respectively, concede the election, then the candidate for each such office who has not conceded shall be the apparent successful candidate for each such office.
"(ii) If, on the date that is 5 days after the date of the election, more than one eligible candidate for the office of President has not conceded the election, then each of the remaining eligible candidates for such office and the office of Vice President who have not conceded shall be treated as the apparent successful candidates until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iii) or clause (iv).
"(iii) If a single candidate for the office of President or Vice President is determined by the Administrator to meet the qualifications under subparagraph (B), the Administrator may determine that such candidate shall solely be treated as the apparent successful candidate for that office until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iv).
"(iv) If a single candidate for the office of President or Vice President is the apparent successful candidate for such office under subparagraph (C), that candidate shall solely be treated as the apparent successful candidate for that office.
"(B)
"(i) The results of the election for such office in States in which significant legal challenges that could alter the outcome of the election in the State have been substantially resolved, such that the outcome is substantially certain.
"(ii) The certified results of the election for such office in States in which the certification is complete.
"(iii) The results of the election for such office in States in which there is substantial certainty of an apparent successful candidate based on the totality of the circumstances.
"(C)
"(i)
"(I) the candidate receives a majority of pledged votes of electors of such office based on certifications by States of their final canvass, and the conclusion of any recounts, legal actions, or administrative actions pertaining to the results of the election for such office;
"(II) in the case where subclause (I) is not met, the candidate receives a majority of votes of electors of such office at the meeting and vote of electors under
"(III) in the case where neither subclause (I) or (II) is met, the candidate is declared as the person elected to such office at the joint session of Congress under
"(ii)
"(2)
"(A) the Administrator is authorized to provide, upon request, to each remaining eligible candidate for such office and the office of Vice President described in paragraph (1)(A)(ii) access to services and facilities pursuant to this Act;
"(B) the Administrator, in conjunction with the Federal Transition Coordinator designated under section 4(c) and the senior career employee of each agency and senior career employee of each major component and subcomponent of each agency designated under subsection (f)(1) to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition, shall make efforts to ensure that each such candidate is provided equal access to agency information and spaces as requested pursuant to this Act;
"(C) the Administrator shall provide weekly reports to Congress containing a brief summary of the status of funds being distributed to such candidates under this Act, the level of access to agency information and spaces provided to such candidates, and the status of such candidates with respect to meeting the qualifications to be the apparent successful candidate for the office of President or Vice President under subparagraph (B) or (C) of paragraph (1); and
"(D) if a single candidate for the office of President or Vice President is treated as the apparent successful candidate for such office pursuant to subparagraph (A)(iii) or (A)(iv) of paragraph (1), not later than 24 hours after such treatment is effective, the Administrator shall make available to the public a written statement that such candidate is treated as the sole apparent successful candidate for such office for purposes of this Act, including a description of the legal basis and reasons for such treatment based on the qualifications under subparagraph (B) or (C) of paragraph (1), as applicable.
"(3)
"(d) Each apparent successful candidate for the office of President shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him in connection with his preparations for the assumption of official duties as President, and such mail matter shall be transmitted as penalty mail as provided in
"(e) Each apparent successful candidate, or eligible candidate (as defined in subsection (h)(4)) for President or Vice-President, may designate to the Administrator an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Act. Not more than 10 per centum of the total expenditures under this Act for any apparent successful candidate may be made upon the basis of a certificate by the candidate or their designee pursuant to this section that such expenditures are classified and are essential to the national security, and that they accord with the provisions of subsections (a), (b), and (d) of this section.
"(f)(1) Any apparent successful candidate for the office of President should submit to the Federal Bureau of Investigation or other appropriate agency and then, upon taking effect and designation, to the agency designated by the President under section 115(b) of the National Intelligence Reform Act of 2004 [probably should be section 3001(c) of
"(2) The responsible agency or agencies shall undertake and complete as expeditiously as possible the background investigations necessary to provide appropriate security clearances to the individuals who are candidates described under paragraph (1) before the date of the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President.
"(g) In the case where an apparent successful candidate for the office of President is the incumbent President or in the case where an apparent successful candidate for the office of Vice President is the incumbent Vice President, except for activities under subsection (a)(8)(A), there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this Act, and any funds appropriated for such purposes shall be returned to the general funds of the Treasury.
"(h)(1)(A) In the case of an eligible candidate, the Administrator—
"(i) shall notify the candidate of the candidate's right to receive the services and facilities described in paragraph (2) and shall provide with such notice a description of the nature and scope of each such service and facility; and
"(ii) upon notification by the candidate of which such services and facilities such candidate will accept, shall, notwithstanding subsection (b), provide such services and facilities to the candidate during the period beginning on the date of the notification and ending on the date of the general elections described in subsection (b)(1).
The Administrator shall also notify the candidate that sections 7601(c) and 8403(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 [
"(B) The Administrator shall provide the notice under subparagraph (A)(i) to each eligible candidate—
"(i) in the case of a candidate of a major party (as defined in section 9002(6) of the Internal Revenue Code of 1986 [
"(ii) in the case of any other candidate, as soon as practicable after an individual becomes an eligible candidate (or, if later, at the same time as notice is provided under clause (i)).
"(C)(i) The Administrator shall, not later than 12 months before the date of each general election for President and Vice-President (beginning with the election to be held in 2012), prepare a report summarizing modern presidential transition activities, including a bibliography of relevant resources.
"(ii) The Administrator shall promptly make the report under clause (i) generally available to the public (including through electronic means) and shall include such report with the notice provided to each eligible candidate under subparagraph (A)(i).
"(2)(A) Except as provided in subparagraph (B), the services and facilities described in this paragraph are the services and facilities described in subsection (a) (other than paragraphs (2), (3), (4), (7), and 8(A)(v) thereof), but only to the extent that the use of the services and facilities is for use in connection with the eligible candidate's preparations for the assumption of official duties as President or Vice-President.
"(B) The Administrator—
"(i) shall determine the location of any office space provided to an eligible candidate under this subsection;
"(ii) shall, as appropriate, ensure that any information technology or communications services provided to an eligible candidate under this subsection are secure;
"(iii) shall offer information and other assistance to eligible candidates on an equal basis and without regard to political affiliation; and
"(iv) may modify the scope of any services to be provided under this subsection to reflect that the services are provided to eligible candidates rather than an apparent successful candidate, except that any such modification must apply to all eligible candidates.
"(C) An eligible candidate, or any person on behalf of the candidate, shall not use any services or facilities provided under this subsection other than for the purposes described in subparagraph (A), and the candidate or the candidate's campaign shall reimburse the Administrator for any unauthorized use of such services or facilities.
"(D) An eligible candidate shall have a right to the services and facilities described in this paragraph until the date on which the Administrator is able to determine the apparent successful candidates for the office of President and Vice President.
"(3)(A) Notwithstanding any other provision of law, an eligible candidate may establish a separate fund for the payment of expenditures in connection with the eligible candidate's preparations for the assumption of official duties as President or Vice-President, including expenditures in connection with any services or facilities provided under this subsection (whether before such services or facilities are available under this section or to supplement such services or facilities when so provided). Such fund shall be established and maintained in such manner as to qualify such fund for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 [
"(B)(i) The eligible candidate may—
"(I) transfer to any separate fund established under subparagraph (A) contributions (within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 (
"(II) solicit and accept amounts for receipt by such separate fund.
"(ii) Any expenditures from the separate fund that are made from such contributions or payments described in clause (i)(I) shall be treated as expenditures (within the meaning of section 301(9) of such Act (
"(iii) An eligible candidate establishing a separate fund under subparagraph (A) shall (as a condition for receiving services and facilities described in paragraph (2)) comply with all requirements and limitations of section 6 in soliciting or expending amounts in the same manner as an apparent successful candidate, including reporting on the transfer and expenditure of amounts described in subparagraph (B)(i) in the disclosures required by section 6.
"(4)(A) In this subsection, the term 'eligible candidate' means, with respect to any presidential election (as defined in section 9002(10) of the Internal Revenue Code of 1986 [
"(i) a candidate of a major party (as defined in section 9002(6) of such Code [
"(ii) any other candidate who has been determined by the Administrator to be among the principal contenders for the general election to such offices.
"(B) In making a determination under subparagraph (A)(ii), the Administrator shall—
"(i) ensure that any candidate determined to be an eligible candidate under such subparagraph—
"(I) meets the requirements described in Article II, Section 1, of the United States Constitution for eligibility to the office of President;
"(II) has qualified to have his or her name appear on the ballots of a sufficient number of States such that the total number of electors appointed in those States is greater than 50 percent of the total number of electors appointed in all of the States; and
"(III) has demonstrated a significant level of public support in national public opinion polls, so as to be realistically considered among the principal contenders for President or Vice-President of the United States; and
"(ii) consider whether other national organizations have recognized the candidate as being among the principal contenders for the general election to such offices, including whether the Commission on Presidential Debates has determined that the candidate is eligible to participate in the candidate debates for the general election to such offices.
"(i)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(i) not later than September 30 of the year during which the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President occurs; or
"(ii) before the date described in clause (i), upon request of the apparent successful candidate or, after such inauguration, upon request of the President or the Vice President.
"(4)
"(5)
"(6)
"SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.
"(a)
"(1) the term 'Administrator' means the Administrator of General Services;
"(2) the term 'agency' means an Executive agency, as defined in
"(3) the term 'eligible candidate' has the meaning given that term in section 3(h)(4);
"(4) the term 'nonpublic information'—
"(A) means information from the Federal Government that a member of a transition team obtains as part of the employment of the member that such member knows or reasonably should know has not been made available to the general public; and
"(B) includes information that a member of the transition team knows or reasonably should know—
"(i) is exempt from disclosure under
"(ii) is not authorized by the appropriate government agency or officials to be released to the public; and
"(5) the term 'Presidential election' means a general election held to determine the electors of President and Vice President under
"(b)
"(1) establishing and operating a White House transition coordinating council in accordance with subsection (d); and
"(2) establishing and operating an agency transition directors council in accordance with subsection (e).
"(c)
"(1) carry out the duties and authorities of the General Services Administration relating to Presidential transitions under this Act or any other provision of law;
"(2) serve as the Federal Transition Coordinator with responsibility for coordinating transition planning across agencies, including through the agency transition directors council established under subsection (e);
"(3) ensure agencies comply with all statutory requirements relating to transition planning and reporting; and
"(4) act as a liaison to eligible candidates.
"(d)
"(1)
"(2)
"(A) provide guidance to agencies and the Federal Transition Coordinator regarding preparations for the Presidential transition, including succession planning and preparation of briefing materials;
"(B) facilitate communication and information sharing between the transition representatives of eligible candidates and senior employees in agencies and the Executive Office of the President; and
"(C) prepare and host interagency emergency preparedness and response exercises.
"(3)
"(A) senior employees of the Executive branch selected by the President, which may include the Chief of Staff to the President, any Cabinet officer, the Director of the Office of Management and Budget, the Administrator, the Director of the Office of Personnel Management, the Director of the Office of Government Ethics, and the Archivist of the United States;
"(B) the Federal Transition Coordinator;
"(C) the transition representative for each eligible candidate, who shall serve in an advisory capacity; and
"(D) any other individual the President determines appropriate.
"(4)
"(e)
"(1)
"(A) ensure the Federal Government has an integrated strategy for addressing interagency challenges and responsibilities around Presidential transitions and turnover of noncareer appointees;
"(B) coordinate transition activities between the Executive Office of the President, agencies, and the transition team of eligible candidates and the apparent successful candidates (as determined by section 3(c)); and
"(C) draw on guidance provided by the White House transition coordinating council and lessons learned from previous Presidential transitions in carrying out its duties.
"(2)
"(A) assist the Federal Transition Coordinator in identifying and carrying out the responsibilities of the Federal Transition Coordinator relating to a Presidential transition;
"(B) provide guidance to agencies in gathering briefing materials and information relating to the Presidential transition that may be requested by eligible candidates;
"(C) ensure materials and information described in subparagraph (B) are prepared not later than November 1 of a year during which a Presidential election is held;
"(D) ensure agencies adequately prepare career employees who are designated to fill non-career positions under subsection (f) during a Presidential transition; and
"(E) consult with the President's Management Council, or any successor thereto, in carrying out the duties of the agency transition directors council.
"(3)
"(A) the Federal Transition Coordinator and the Deputy Director for Management of the Office of Management and Budget, who shall serve as Co-Chairpersons of the agency transition directors council;
"(B) other senior employees serving in the Executive Office of the President, as determined by the President;
"(C) a senior representative serving in a career position from each agency described in
"(D) a senior representative serving in a career position from any other agency determined by the Co-Chairpersons to be an agency that has significant responsibilities relating to the Presidential transition process; and
"(E) during a year during which a Presidential election will be held, a transition representative for each eligible candidate, who shall serve in an advisory capacity.
"(4)
"(A) subject to subparagraph (B), not less than once per year; and
"(B) during the period beginning on the date that is 6 months before a Presidential election and ending on the date on which the apparent successful candidate for the office of President is inaugurated, on a regular basis as necessary to carry out the duties and authorities of the agency transition directors council.
"(f)
"(1)
"(2)
"(g)
"(1)
"(2)
"(3)
"(A)
"(B)
"(i) a description of the ethics requirements that will apply to all members of the transition team, including any specific requirement for transition team members who will have access to nonpublic or classified information;
"(ii) a description of how the transition team will—
"(I) address the role on the transition team of—
"(aa) lobbyists registered under the Lobbying Disclosure Act of 1995 (
"(bb) persons registered under the Foreign Agents Registration Act of 1938 (
"(II) prohibit a transition team member with conflicts of interest similar to those applicable to Federal employees under section 2635.402(a) and section 2635.502(a) of title 5, Code of Federal Regulations, related to current or former employment, affiliations, clients, or investments, from working on particular matters involving specific parties that affect the interests of such member; and
"(III) address how the covered eligible candidate will address his or her own conflicts of interest during a Presidential term if the covered eligible candidate becomes the apparent successful candidate for the office of President;
"(iii) a Code of Ethical Conduct, which each member of the transition team will sign and be subject to, that reflects the content of the ethics plans under this paragraph and at a minimum requires transition team members to—
"(I) seek authorization from transition team leaders or their designees before seeking, on behalf of the transition, access to any nonpublic information;
"(II) keep confidential any nonpublic information provided in the course of the duties of the member with the transition and exclusively use such information for the purposes of the transition; and
"(III) not use any nonpublic information provided in the course of transition duties, in any manner, for personal or private gain for the member or any other party at any time during or after the transition; and
"(iv) a description of how the transition team will enforce the Code of Ethical Conduct, including the names of the members of the transition team responsible for enforcement, oversight, and compliance.
"(C)
"(i) the day on which the memorandum of understanding is completed; or
"(ii) October 1.
"(h)
"(i)
"(1)
"(2)
"services and facilities authorized to be provided to former presidents and former vice presidents
"
"disclosures of financing and personnel; limitation on acceptance of donations
"
"(2) Each apparent successful candidate (as a condition for receiving such services and funds) shall make available to the Administrator and the Comptroller General all information concerning such contributions as the Administrator or Comptroller General may require for purposes of auditing both the public and private funding used in the activities authorized by this Act.
"(3) Disclosures made under paragraph (1) shall be—
"(A) in the form of a report to the Administrator within 30 days after the inauguration of the apparent successful candidate for the office of President as President and the apparent successful candidate for the office of Vice-President as Vice President; and
"(B) made available to the public by the Administrator upon receipt by the Administrator.
"(b)(1) Each apparent successful candidate (as a condition for receiving services provided under section 3 and funds provided under section 7(a)(1)) shall make available to the public—
"(A) the names and most recent employment of all transition personnel (full-time or part-time, public or private, or volunteer) who are members of the apparent successful candidate's Federal department or agency transition teams; and
"(B) information regarding the sources of funding which support the transition activities of each transition team member.
"(2) Disclosures under paragraph (1) shall be made public before the initial transition team contact with a Federal department or agency and shall be updated as necessary.
"(c) Each apparent successful candidate (as a condition for receiving services under section 3 and for funds provided under section 7(a)(1)) shall not accept more than $5,000 from any person, organization, or other entity for purposes of carrying out activities authorized by this Act.
"authorization of appropriations
"
"(1) not more than $3,500,000 may be appropriated for the purposes of providing services and facilities to the apparent successful candidates under section 3, and
"(2) not more than $1,500,000 may be appropriated for the purposes of providing services and facilities to the former President and former Vice President under section 5, except that any amount appropriated pursuant to this paragraph in excess of $1,250,000 shall be returned to the general fund of the Treasury in the case where the former Vice President is the incumbent President.
The President shall include in the budget transmitted to Congress, for each fiscal year in which his regular term of office will expire, a proposed appropriation for carrying out the purposes of this Act.
"(b) The amounts authorized to be appropriated under subsection (a) shall be increased by an inflation adjusted amount, based on increases in the cost of transition services and expenses which have occurred in the years following the most recent Presidential transition, and shall be included in the proposed appropriation transmitted by the President under the last sentence of subsection (a)."
[
[
[
[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
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Expense Allowance: Use; Reversion of Unexpended Portion; Nontaxable
Provisions prohibiting expenditure of funds made available for official expenses for any other purpose and requiring reversion of any unused amount to the Treasury pursuant to
Former Presidents; Allowance; Selection, Compensation, and Status of Office Staff; Office Space; Widow's Allowance, Termination; "Former President" Defined
"(a) Each former President shall be entitled for the remainder of his life to receive from the United States a monetary allowance at a rate per annum, payable monthly by the Secretary of the Treasury, which is equal to the annual rate of basic pay, as in effect from time to time, of the head of an executive department, as defined in
"(b) The Administrator of General Services shall, without regard to the civil-service and classification laws, provide for each former President an office staff. Persons employed under this subsection shall be selected by the former President and shall be responsible only to him for the performance of their duties. Each former President shall fix basic rates of compensation for persons employed for him under this paragraph which in the aggregate shall not exceed $96,000 per annum except that for the first 30-month period during which a former President is entitled to staff assistance under this subsection, such rates of compensation in the aggregate shall not exceed $150,000 per annum. The annual rate of compensation payable to any such person shall not exceed the highest annual rate of basic pay now or hereafter provided by law for positions at level II of the Executive Schedule under
"(c) The Administrator of General Services shall furnish for each former President suitable office space appropriately furnished and equipped, as determined by the Administrator, at such place within the United States as the former President shall specify.
"(d) [Repealed.
"(e) The widow of each former President shall be entitled to receive from the United States a monetary allowance at a rate of $20,000 per annum, payable monthly by the Secretary of the Treasury, if such widow shall waive the right to each other annuity or pension to which she is entitled under any other Act of Congress. The monetary allowance of such widow—
"(1) commences on the day after the former President dies;
"(2) terminates on the last day of the month before such widow—
"(A) dies; or
"(B) remarries before becoming 60 years of age; and
"(3) is not payable for any period during which such widow holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate.
"(f) As used in this section, the term 'former President' means a person—
"(1) who shall have held the office of President of the United States of America;
"(2) whose service in such office shall have terminated other than by removal pursuant to section 4 of article II of the Constitution of the United States of America; and
"(3) who does not then currently hold such office.
"(g) There are authorized to be appropriated to the Administrator of General Services up to $1,000,000 for each former President and up to $500,000 for the spouse of each former President each fiscal year for security and travel related expenses: Provided, That under the provisions set forth in section 3056, paragraph (a), subparagraph (3) of
[
[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
§103. Traveling expenses
There may be expended for or on account of the traveling expenses of the President of the United States such sum as Congress may from time to time appropriate, not exceeding $100,000 per annum, such sum when appropriated to be expended in the discretion of the President and accounted for on his certificate solely.
(June 25, 1948, ch. 644,
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§104. Salary of the Vice President
(a) The per annum rate of salary of the Vice President of the United States shall be the rate determined for such position under
(b) In no event shall the percentage adjustment taking effect under the second and third sentences of subsection (a) in any calendar year (before rounding) exceed the percentage adjustment taking effect in such calendar year under
(June 25, 1948, ch. 644,
Editorial Notes
References in Text
The General Schedule, referred to in text, is set out under
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a), is section 704(a)(1) of
Amendments
1994—
1990—
1989—
1982—
1975—
1969—
1964—
1955—Act Mar. 2, 1955, increased salary from $30,000 to $35,000.
1949—Act Jan. 19, 1949, increased salary from $20,000 to $30,000.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1969 Amendment
Effective Date of 1964 Amendment
Amendment by
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of that act, set out as a note under
Effective Date of 1949 Amendment
Amendment by act Jan. 19, 1949, effective noon, Jan. 20, 1949, see section 3 of that act.
Salary Increases
For adjustment of pay rates under this section, see provisions dealing with pay adjustments set out as notes under
For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under
For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under
Executive Documents
Adjustment of Pay Rates
For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under
§105. Assistance and services for the President
(a)(1) Subject to the provisons 1 of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the White House Office without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe.
(2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than—
(A) 25 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of
(B) 25 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of
(C) 50 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of
(D) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of
(b)(1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the Executive Residence at the White House without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe.
(2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than—
(A) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of
(B) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of
(c) The President is authorized to procure for the White House Office and the Executive Residence at the White House, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of
(1) in the case of the White House Office, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of
(2) in the case of the Executive Residence, at respective daily rates of pay for individuals which are not more than the daily equivalent of the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of
Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured for a period in excess of one year if the President determines such procurement is necessary.
(d) There are authorized to be appropriated each fiscal year to the President such sums as may be necessary for—
(1) the care, maintenance, repair, alteration, refurnishing, improvement, air-conditioning, heating, and lighting (including electric power and fixtures) of the Executive Residence at the White House;
(2) the official expenses of the White House Office;
(3) the official entertainment expenses of the President;
(4) the official entertainment expenses for allocation within the Executive Office of the President; and
(5) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the President.
Sums appropriated under this subsection for expenses described in paragraphs (1), (3), and (5) may be expended as the President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (1), (3), or (5). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose.
(e) Assistance and services authorized pursuant to this section to the President are authorized to be provided to the spouse of the President in connection with assistance provided by such spouse to the President in the discharge of the President's duties and responsibilities. If the President does not have a spouse, such assistance and services may be provided for such purposes to a member of the President's family whom the President designates.
(June 25, 1948, ch. 644,
Editorial Notes
Amendments
1978—
1967—
1964—
1961—
1956—Act July 31, 1956, authorized President to fix compensation of an additional three secretaries or other immediate staff assistants, substituted "$22,500" for "$20,000", "$21,000" for "$18,000", and "$20,000" for "$15,000", and provided for payment of three at rates not exceeding $17,500 per annum.
1949—Act Oct. 15, 1949, increased compensation of secretaries, and executive, administrative, and staff assistants.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Effective Date of 1964 Amendment
Amendment by
Effective Date of 1961 Amendment
Amendment by
Effective Date of 1956 Amendment
Amendment by act July 31, 1956, effective at beginning of first pay period commencing after June 30, 1956, see section 120 of act July 31, 1956.
Effective Date of 1949 Amendment
Amendment by act Oct. 15, 1949, effective on first day of first pay period after Oct. 15, 1949, see section 9 of that act, set out as a note under
Repeals
Act July 31, 1956, ch. 804, title I, §109,
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Executive Documents
Abolition of National Aeronautics and Space Council
National Aeronautics and Space Council, including office of Executive Secretary of Council, together with functions of Council, abolished by section 3(a)(4) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.
1 So in original. Probably should be "provisions".
§106. Assistance and services for the Vice President
(a) In order to enable the Vice President to provide assistance to the President in connection with the performance of functions specially assigned to the Vice President by the President in the discharge of executive duties and responsibilities, the Vice President is authorized—
(1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than—
(A) 5 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of
(B) 3 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of
(C) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of
(D) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of
(2) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of
Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured under paragraph (2) of this subsection for a period in excess of one year if the Vice President determines such procurement is necessary.
(b) In order to carry out the executive duties and responsibilities referred to in subsection (a), there are authorized to be appropriated each fiscal year to the Vice President such sums as may be necessary for—
(1) the official expenses of the Office of the Vice President;
(2) the official entertainment expenses of the Vice President; and
(3) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the Vice President.
Sums appropriated under this subsection for expenses described in paragraphs (2) and (3) may be expended as the Vice President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the Vice President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (2) or (3). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose.
(c) Assistance and services authorized pursuant to this section to the Vice President are authorized to be provided to the spouse of the Vice President in connection with assistance provided by such spouse to the Vice President in the discharge of the Vice President's executive duties and responsibilities. If the Vice President does not have a spouse, such assistance and services may be provided for such purposes to a member of the Vice President's family whom the Vice President designates.
(June 25, 1948, ch. 644,
Editorial Notes
Amendments
1978—
1949—Act Oct. 15, 1949, struck out salary provisions. See
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1949 Amendment
Amendment by act Oct. 15, 1949, effective on first day of first pay period after Oct. 15, 1949, see section 9 of that act, set out as a note under
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Former President's Office Staff
See note under
Executive Documents
Ex. Ord. No. 11456. Special Assistant to the President for Liaison With Former Presidents
Ex. Ord. No. 11456, Feb. 14, 1969, 34 F.R. 2301, provided:
By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:
(b) The Special Assistant shall also—
(1) Keep each former President currently informed of the major aspects of such principal international and domestic problems as the President directs;
(2) Arrange to secure from such former Presidents, or any of them, and convey to the President, their views on such issues as the President may designate; and
(3) Arrange to secure and convey to the President such views as any of the former Presidents may wish to communicate to the President on any issue of current interest or concern.
(b) Upon request of the Special Assistant, the head of any department or agency of the Federal Government shall designate a member of his staff as a point of contact to supply information and assistance for the Special Assistant in the performance of his duties in the same manner as provided in subsection (a) for staff members designated pursuant to that subsection.
(b) The Special Assistant shall be provided with such office space as may be necessary to carry out his duties under this Order, and shall also be provided with such office space, and maintenance thereof, as may be necessary for the use of former Presidents at the seat of Government when they are engaged in any effort of interest or concern to the President.
(b) The General Services Administration shall provide, on a reimbursable basis, such administrative services and facilities for the Special Assistant as the White House Office may request.
Richard Nixon.
§107. Domestic Policy Staff and Office of Administration; personnel
(a) In order to enable the Domestic Policy Staff to perform its functions, the President (or his designee) is authorized—
(1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than—
(A) 6 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of
(B) 18 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of
(C) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of
(2) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of
(b)(1) In order to enable the Office of Administration to perform its functions, the President (or his designee) is authorized—
(A) without regard to such other provisions of law as the President may specify which regulate the employment and compensation of persons in the Government service, to appoint and fix the pay of not more than—
(i) 5 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of
(ii) 5 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of
(B) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of
(2) In addition to any authority granted under paragraph (1) of this subsection, the President (or his designee) is authorized to employ individuals in the Office of Administration in accordance with
(c) There are authorized to be appropriated each fiscal year such sums as may be necessary for the official expenses of the Domestic Policy Staff and the Office of Administration.
(Added
Editorial Notes
Prior Provisions
A prior section 107, act June 25, 1948, ch. 644,
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Applicability of Subsec. (b) to Current Employees of Office of Administration
"(1) who is an employee of the Office of Administration as of the date of the enactment of this Act [Nov. 2, 1978], and
"(2) whose position would be terminated or whose rate of basic pay would be reduced (but for this subsection) by reason of
such employee may be allowed to continue to hold such position and receive basic pay at the rate in effect on the effective date of this Act [see Effective Date of 1978 Amendment note set out under
§108. Assistance to the President for unanticipated needs
(a) There is authorized to be appropriated to the President an amount not to exceed $1,000,000 each fiscal year to enable the President, in his discretion, to meet unanticipated needs for the furtherance of the national interest, security, or defense, including personnel needs and needs for services described in
(b) The President shall transmit a report to each House of the Congress for each fiscal year beginning on or after the effective date of this subsection which sets forth the purposes for which expenditures were made under this section for such fiscal year and the amount expended for each such purpose. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report.
(c) An individual may not be paid under the authority of this section at a rate of pay in excess of the rate of basic pay then currently paid for level II of the Executive Schedule of
(Added
Editorial Notes
References in Text
For the effective date of this subsection, referred to in subsec. (b), see section 6(a) of
Prior Provisions
A prior section 108, act June 25, 1948, ch. 644,
Insofar as prior section 108, by virtue of a former proviso in section 401 of act June 28, 1950, continued to remain in effect to the extent that it was applicable to the Department of the Air Force, and the United States Air Force, it was additionally repealed by act Sept. 19, 1951, ch. 407, title IV, §401(a)(1),
Act Oct. 31, 1951, ch. 654, §1(2),
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of
§109. Public property in and belonging to the Executive Residence at the White House
The steward, housekeeper, or such other employee of the Executive Residence at the White House as the President may designate, shall under the direction of the President, have the charge and custody of and be responsible for the plate, furniture, and public property therein. A complete inventory, in proper books, shall be made annually in the month of June, under the direction of the Director of the National Park Service, of all the public property in and belonging to the Executive Residence at the White House, showing when purchased, its cost, condition, and final disposition. This inventory shall be submitted to the President for his approval, and shall then be kept for reference in the office of the Director of the National Park Service, which shall furnish a copy thereof to the steward, housekeeper, or other employee responsible for the property.
(June 25, 1948, ch. 644,
Editorial Notes
Amendments
1978—
1972—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Executive Documents
Transfer of Functions
Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§110. Furniture for the Executive Residence at the White House
All furniture purchased for the use of the Executive Residence at the White House shall be, as far as practicable, of domestic manufacture. With a view to conserving in the Executive Residence at the White House the best specimens of the early American furniture and furnishings, and for the purpose of maintaining the interior of the Executive Residence at the White House in keeping with its original design, the Director of the National Park Service is authorized and directed, with the approval of the President, to accept donations of furniture and furnishings for use in the Executive Residence at the White House, all such articles thus donated to become the property of the United States and to be accounted for as such. The said Director of the National Park Service is further authorized and directed, with the approval of the President, to appoint a temporary committee composed of one representative of the American Federation of Arts, one representative of the National Commission of Fine Arts, one representative of the National Academy of Design, one member of the American Institute of Architects, and five members representing the public at large; the said committee to have full power to select and pass on the articles in question and to recommend the same for acceptance.
(June 25, 1948, ch. 644,
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Commission on Renovation of the Executive Mansion
Act Apr. 14, 1949, ch. 51,
White House; Administration; Preservation of Museum Character; Articles of Historic or Artistic Interest
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[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
Executive Documents
Transfer of Functions
Functions of officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, see Transfer of Functions note set out under
Ex. Ord. No. 11145. Curator of White House; Committee for Preservation of White House
Ex. Ord. No. 11145, Mar. 7, 1964, 29 F.R. 3189, as amended by Ex. Ord. No. 11565, Oct. 13, 1970, 35 F.R. 16155, provided:
WHEREAS the White House, as the home of the highest elective officer of the United States
—symbolizes the American ideal of responsible self-government
—is emblematic of our democracy and our national purpose
—has been intimately associated with the personal and social life of the Presidents of the United States and many of their official acts
—occupies a particular place in the heart of every American citizen, and
WHEREAS certain historic rooms and entranceways in the White House
—possess great human interest and historic significance
—traditionally have been open to visitors
—have provided pleasure and patriotic inspiration to millions of our citizens
—have come to be regarded as a public museum and the proud possession of all Americans, and
WHEREAS the Congress by law (Act of September 22, 1961), (
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows:
(b) The Curator shall report to the President and shall make recommendations with respect to the articles, fixtures, and objects to be declared by the President, under section 2 of the Act of September 22, 1961, to be of historic or artistic interest.
(b) The Committee shall cooperate with the White House Historical Association, a nonprofit organization heretofore formed under the laws of the District of Columbia.
(c) The Committee is authorized to invite individuals who are distinguished or interested in the fine arts to attend its meetings or otherwise to assist in carrying out its functions.
Extension of Term of Committee for the Preservation of the White House
Term of Committee for the Preservation of the White House extended until Sept. 30, 2023, by Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, set out as a note under
Previous extensions of term of Committee for the Preservation of the White House were contained in the following prior Executive Orders:
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, extended term until Sept. 30, 2013.
Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011.
Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009.
Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007.
Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005.
Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, extended term until Sept. 30, 2003.
Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001.
Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999.
Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, extended term until Sept. 30, 1997.
Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, extended term until Sept. 30, 1995.
Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, extended term until Sept. 30, 1993.
Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, extended term until Sept. 30, 1991.
Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, extended term until Sept. 30, 1989.
Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, extended term until Sept. 30, 1987.
Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, extended term until Sept. 30, 1985.
Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984.
Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, extended term until Dec. 31, 1982.
Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, extended term until Dec. 31, 1980.
Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, extended term until Dec. 31, 1978.
§111. Expense allowance of Vice President
There shall be paid to the Vice President in equal monthly installments an expense allowance of $20,000 per annum to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which no accounting, other than for income tax purposes, shall be made by him.
(Added Jan. 19, 1949, ch. 2, §1(c),
Editorial Notes
Amendments
2003—
1951—Act Oct. 20, 1951, made Vice President's expense allowance taxable.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1951 Amendment
Amendment by act Oct. 20, 1951, effective at noon on Jan. 20, 1953, see section 619(e) of that act, set out as a note under
Effective Date
Section effective noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949.
Official Temporary Residence of the Vice President
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Official Residence for the Vice President; Design and Construction; Authorization of Appropriation
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§112. Detail of employees of executive departments
The head of any department, agency, or independent establishment of the executive branch of the Government may detail, from time to time, employees of such department, agency, or establishment to the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration. Any such office to which an employee has been detailed for service to such office shall reimburse the detailing department, agency, or establishment for the pay of each employee thereof—
(1) who is so detailed, and
(2) who is performing services which have been or would otherwise be performed by an employee of such office,
for any period occurring during any fiscal year after 180 calendar days after the employee is detailed in such year.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of
Authority With Respect to Detailed Employees
§113. Personnel report
(a) The President shall transmit to each House of the Congress, and make available to the public, reports containing information described in subsection (b) for each fiscal year beginning on or after the effective date of this section. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report and shall contain a statement of such information for such year.
(b) Each report required under subsection (a) shall contain—
(1) the number of employees who are paid at a rate of basic pay equal to or greater than the rate of basic pay then currently paid for level V of the Executive Schedule of
(2) the number of employees employed in such offices who are paid at a rate of basic pay which is equal to or greater than the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of
(3) the number of employees employed in such offices who are paid at a rate of basic pay which is less than the minimum rate then currently paid for GS–16 of the General Schedule of section 5332 of title V 1, and the aggregate amount paid to such employees;
(4) the number of individuals detailed under
(5) the number of individuals whose services as experts or consultants are procured under this chapter for service in any such office, the total number of days employed, and the aggregate amount paid to procure such services.
The information required under this subsection to be in any report shall be shown both in the aggregate and by office involved.
(Added
Editorial Notes
References in Text
For the effective date of this section, referred to in subsec. (a), see section 6(a) of
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 21), see section 3003 of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Report on White House Office Personnel
"(a)
"(b)
"(1) a list of each individual—
"(A) employed by the White House Office; or
"(B) detailed to the White House Office; and
"(2) with regard to each individual described in paragraph (1), the individual's—
"(A) name;
"(B) position and title; and
"(C) annual rate of pay.
"(c)
"(1) a report under subsection (a) shall—
"(A) exclude such information with respect to that individual; and
"(B) include a statement of the number of individuals with respect to whom such information has been excluded; and
"(2) at the request of the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate or the Committee on Government Operations of the House of Representatives, the information that was excluded from the report shall be made available for inspection by such committee."
[Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
[Section 6 of
1 So in original. Probably should be title "5".
§114. General pay limitation
Notwithstanding any provision of law, other than the provisions of this chapter, no employee of the White House Office, the Executive Residence at the White House, the Domestic Policy Staff, or the Office of Administration, nor any employee under the Vice President appointed under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§115. Veterans' preference
(a) Subject to subsection (b), appointments under sections 105, 106, and 107 shall be made in accordance with section 2108, and
(b) Subsection (a) shall not apply to any appointment to a position the rate of basic pay for which is at least equal to the minimum rate established for positions in the Senior Executive Service under
(1) that such position is—
(A) a confidential or policy-making position; or
(B) a position for which political affiliation or political philosophy is otherwise an important qualification; and
(2) that any individual selected for such position is expected to vacate the position at or before the end of the President's term (or terms) of office.
Each individual appointed to a position described in the preceding sentence as to which the expectation described in paragraph (2) applies shall be notified as to such expectation, in writing, at the time of appointment to such position.
(Added