The Executive Office of the President: An Historical Overview

Order Code 98-606 GOV The Executive Office of the President: An Historical Overview Updated November 26, 2008 Harold C. Relyea Specialist in American National Government Government and Finance Division The Executive Office of the President: An Historical Overview Summary Established in 1939, the Executive Office of the President (EOP) consists of a group of federal agencies immediately serving the President. Among the oldest of these are the White House Office, where many of the President’s personal assistants are located, and the Office of Management and Budget, which was established as the Bureau of the Budget in 1921 and by transfer became one of the original EOP units in 1939. Entities have been placed within the EOP by both presidential action and congressional determination. Some components have endured; others have been brief experiments. Some have been transferred to other quarters of the executive branch; others have been abolished with no successor. In large measure, the tenure and durability of an Executive Office agency is dependent upon its usefulness to the President — as a managerial or coordinative auxiliary, a national symbol, or a haven of political patronage, among other considerations. This report reviews the particular circumstances of the creation of, and underlying authority for, the Executive Office of the President, and provides profiles of the entities that have been, and still are, located within that enclave. Contents Executive Office Agency Precursors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Toward an Executive Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Creating the Executive Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Composition and Growth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Appendix A: Profiles of the Principal Units of the Executive Office of the President: 1939-2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Administration, Office of (1977- ) . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Arts, National Council on the (1964-1965) . . . . . . . . . . . . . . . . . . . . . 12 Budget, Bureau of the (1939-1970) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Civil and Defense Mobilization, Office of (1958-1961) . . . . . . . . . . . 12 Congested Production Areas, Committee for (1943-1944) . . . . . . . . . 12 Consumer Affairs, Office of (1971-1973) . . . . . . . . . . . . . . . . . . . . . . 13 Defense and Civilian Mobilization, Office of (1958) . . . . . . . . . . . . . 13 Defense Mobilization, Office of (1950-1953; 1953-1958) . . . . . . . . . 13 Domestic Council (1970-1977; 1993- ) . . . . . . . . . . . . . . . . . . . . . . 13 Domestic Policy Staff (1977-1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Drug Abuse Policy, Office of (1976-1977) . . . . . . . . . . . . . . . . . . . . . 14 Drug Abuse Prevention, Special Action Office for (1971-1975) . . . . 14 Economic Advisers, Council of (1946- ) . . . . . . . . . . . . . . . . . . . . . 14 Economic Opportunity, Office of (1964-1975) . . . . . . . . . . . . . . . . . . 14 Economic Policy, Council on (1973-1974) . . . . . . . . . . . . . . . . . . . . . 14 Emergency Management, Office for (1940- ) . . . . . . . . . . . . . . . . . . 15 Emergency Planning, Office of (1961-1968) . . . . . . . . . . . . . . . . . . . . 15 Emergency Preparedness, Office of (1968-1973) . . . . . . . . . . . . . . . . 15 Energy Policy Office (1973-1974) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Energy Resources Council (1974-1977) . . . . . . . . . . . . . . . . . . . . . . . 15 Environmental Quality, Council on (1970- ) . . . . . . . . . . . . . . . . . . 16 Federal Energy Office (1973-1974; 1976) . . . . . . . . . . . . . . . . . . . . . . 16 Federal Property Council (1973-1977) . . . . . . . . . . . . . . . . . . . . . . . . 16 Government Reports, Office of (1939-1942; 1946-1948) . . . . . . . . . . 16 Gulf Coast Recovery and Rebuilding Council (2005 - ) . . . . . . . . . 17 Homeland Security Council (2001- 2002; 2002- ) . . . . . . . . . . . . . . 17 Homeland Security, Office of (2001-2004) . . . . . . . . . . . . . . . . . . . . . 17 Intellectual Property Enforcement Coordinator (2008- ) . . . . . . . . . 18 Intergovernmental Relations, Office of (1969-1972) . . . . . . . . . . . . . . 18 International Economic Policy, Council on (1971-1977) . . . . . . . . . . 18 Management and Budget, Office of (1970- ) . . . . . . . . . . . . . . . . . . 18 Marine Resources and Engineering Development, National Council on (1966-1971) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Mutual Security Agency (1951-1953) . . . . . . . . . . . . . . . . . . . . . . . . . 19 National Aeronautics and Space Council (1958-1973) . . . . . . . . . . . . 19 National Critical Materials Council (1984-1993) . . . . . . . . . . . . . . . . 19 National Drug Control Policy, Office of (1988- ) . . . . . . . . . . . . . . . 19 National Energy Office (1973) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 National Security Council (1949- ) . . . . . . . . . . . . . . . . . . . . . . . . . . 20 National Security Resources Board (1949-1953) . . . . . . . . . . . . . . . . 20 National Space Council (1988-1993) . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Operations Coordinating Board (1953-1957) . . . . . . . . . . . . . . . . . . . 21 Personnel Management, Liaison Office for (1939-1953) . . . . . . . . . . 21 Policy Development, Office of (1981-1992; 1996- ) . . . . . . . . . . . . . 21 Presidential Clemency Board (1974-1975) . . . . . . . . . . . . . . . . . . . . . 21 President’s Economic Policy Board (1974-1977) . . . . . . . . . . . . . . . . 21 Privacy and Civil Liberties Oversight Board (2004-2007) . . . . . . . . . 22 Resources Planning Board, National (1939-1943) . . . . . . . . . . . . . . . 22 Rural Affairs, Council for (1969-1970) . . . . . . . . . . . . . . . . . . . . . . . . 22 Science and Technology, Office of (1962-1973) . . . . . . . . . . . . . . . . . 22 Science and Technology Policy, Office of (1976- ) . . . . . . . . . . . . . 23 Special Representative for Trade Negotiations, Office of the (1963-1979) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Telecommunications Adviser to the President (1951-1953) . . . . . . . . 23 Telecommunications Policy, Office of (1970-1977) . . . . . . . . . . . . . . 23 United States Trade Representative, Office of the (1979- ) . . . . . . . 23 Urban Affairs, Council for (1969-1970) . . . . . . . . . . . . . . . . . . . . . . . 23 Wage and Price Stability, Council on (1974-1981) . . . . . . . . . . . . . . . 24 War Refugee Board (1944-1945) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 White House Office (1939- ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 White House Office of Faith-Based and Community Initiatives (2001- ) . . . . . . . . . . . . . . . . . . . . . . . . . 24 Appendix B: A Chronology of the Principal Units of the Executive Office of the President: 1939-2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 The Executive Office of the President: An Historical Overview Since 1939, federal agencies immediately assisting the President have been located in an enclave known as the Executive Office of the President (EOP). Within these entities are many, if not most, of the President’s closest advisers and assistants on matters of policy, politics, administration, and management. Some of these EOP components have been creations of the President; others have been established by Congress. While some have endured, others have been brief experiments; some have been transferred to other quarters of the executive branch, others have been abolished with no successor. In large measure, the tenure and durability of an Executive Office agency is dependent upon its usefulness to the President — as a managerial or coordinative auxiliary, a national symbol, or a haven of political patronage, among other considerations. Assessing the historical record, former presidential aide and student of the Presidency Theodore Sorensen once quipped that some Presidents use the Executive Office “as a farm league, some use it as a source of experts and implementers, and some use it as Elba.”1 The Executive Office of the President represents an institutional response to needs felt by every occupant of the Oval Office, beginning with George Washington, who, of course, served before there even was a White House. Primarily, these were, and remain, needs for advice and assistance. Undoubtedly, there have always been many who are ready and more than willing to offer the President their advice. However, what has probably always been desired by Presidents in this regard were a few loyal and intelligent individuals who would offer counsel when asked and would keep such consultations confidential. Loyalty, competence, and ability to keep confidences were also qualities to be sought in individuals providing immediate assistance — with correspondence and records maintenance, appointments and scheduling, bookkeeping, and, in time, many more sophisticated tasks. Executive Office Agency Precursors The first experiments with special institutions to assist the President occurred during the administration of President Woodrow Wilson and the initial term of President Franklin D. Roosevelt.2 The Council of National Defense was established 1 Theodore C. Sorensen, Watchmen in the Night (Cambridge, MA: M.I.T. Press, 1975), p. 100. 2 This statement does not overlook the existence of the Cabinet, rooted in the President’s Article II, Section 2, constitutional authority to “require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices,” but otherwise without legally specified composition, duties, or recognition. CRS-2 by Congress, with Wilson’s concurrence, in 1916.3 In announcing the formation of the council, the President indicated its chief functions would be: ! coordination of all forms of transportation and the development of means of transportation to meet the military, industrial, and commercial needs of the Nation; [and] ! extension of the industrial mobilization work of the Committee on Industrial Preparedness of the Naval Consulting Board. Complete information as to our present manufacturing and producing facilities adaptable to many-sided uses of modern warfare will be procured, analyzed, and made use of.4 The council’s members included the Secretaries of Agriculture, Commerce, the Interior, Labor, the Navy, and War — the Cabinet minus the Attorney General, Secretary of State, Postmaster General, and Vice President. Its statutory mandate also provided that the council was to be assisted by a presidentially appointed advisory commission “consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified ... for the performance of the duties ... provided.”5 During U.S. involvement in World War I, the council and its advisory commission organized a large number of shifting subunits, largely composed of prominent persons who placed their services at the disposal of the federal government without compensation.6 The result was a network for the exchange of information and advice between executive branch leaders of the American war effort and counterpart leaders in industry, business, science, and engineering. Certainly the President and his subordinates benefitted from this advisory structure, as well as from the additional staff made available by the existence of the council. With the close of hostilities in Europe, the council began to curtail its operations. Council appropriations for FY1922 were denied, and the panel officially discontinued its activities on June 30, 1921.7 3 39 Stat. 619 at 649. 4 Grosvenor B. Clarkson, Industrial America in the World War (Boston, MA: Houghton Mifflin, 1923), p. 22. 5 39 Stat. 649. 6 See Lloyd M. Short, The Development of National Administrative Organization in the United States (Baltimore, MD: The Johns Hopkins University Press, 1923), pp. 441-450; U.S. Council of National Defense, Division of Statistics, Directory of Auxiliary War Organizations (Washington: Council of National Defense, 1917). 7 The council was briefly revived by President Roosevelt in 1940 as a vehicle for coordinating veiled U.S. mobilization efforts. A few months later, the Office for Emergency Management became the principal mobilization coordinator. Ultimately, the council’s functions were unofficially usurped by the National Security Council in 1947. Authority (continued...) CRS-3 In combating the Great Depression, President Roosevelt seemingly preferred to assign newly created emergency programs to agencies freshly established, rather than to existing departments. To effect executive branch coordination, he chartered a temporary Executive Council with E.O. 6202A of July 11, 1933. The panel’s 24 members — inclusive of the entire Cabinet, the Director of the Bureau of the Budget, and the heads of the various economic recovery agencies — met at the White House on Tuesday afternoons. Roosevelt himself presided over the sessions. He was assisted by the council’s executive secretary, Frank C. Walker, who performed “such duties as may be prescribed him by the President” and was the only professional staff assistant serving the panel. Walker’s role was purely administrative and was limited to the activities of the council: when FDR was absent from council meetings, the senior Cabinet officer present presided. After a few months, the panel, in one estimation, “proved too cumbersome for effective discussion.”8 The weakness of the council was its limited staffing and lack of power to coordinate department and agency efforts at combating the depression. However, it was a useful forum for the exchange of ideas by the President, department heads, and the leaders of the new emergency agencies. Indeed, the council meetings provided valuable information and advice, and Walker ably assisted FDR as a behind-the-scenes trouble shooter.9 Recognizing the deficiencies of the Executive Council, Roosevelt established another coordinating organization with a more limited membership. On November 17, 1933, he issued E.O. 6433A setting up the National Emergency Council. Composed of the Secretaries of the Interior (or Administrator of Public Works), Agriculture, Commerce, and Labor, the Administrators of Agricultural Adjustment and Federal Emergency Relief, the chairman of the Home Owners Loan Corporation, the governor of the Farm Credit Administration, and a representative from the Consumer’s Council, the National Emergency Council had field directors in each of the states to coordinate federal relief efforts. Furthermore, responsibility for the dissemination of information and guidance to the public about federal recovery and relief activities was vested in the council.10 Like the Executive Council, the National Emergency Council met every Tuesday, but at two-week intervals. The agenda was set by the executive director in consultation with the President. The member agencies submitted progress reports to inform other participants and reduce misunderstandings and conflicts in administration. With the President presiding, disputes might be settled at his decision. Frank Walker initially acted as the council’s executive director. 7 (...continued) for the Council of National Defense, however, still exists, though it is considered inactive. 8 Lester G. Seligman and Elmer E. Cornwell, eds., New Deal Mosaic: Roosevelt Confers with His National Emergency Council, 1933-1936 (Eugene, OR: University of Oregon Books, 1965), p. xv. 9 A. J. Wann, The President as Chief Administrator (Washington: Public Affairs Press, 1968), p. 51. 10 Ibid., p. 56. CRS-4 Recognizing the limitations of the National Emergency Council for coordinating the activities and administration of New Deal programs in the area of relief and unemployment, the President, with E.O. 6889A of October 31, 1934, consolidated the Executive Council, the National Emergency Council, and a National Recovery Administration oversight panel called the Industrial Emergency Committee. The executive director of the reorganized National Emergency Council was given sweeping new authority, but it could only be effectively exercised with the full support of the President. Slipping into decline after December of 1935, the council held its last meeting on April 28, 1936.11 Subsequently, on September 16, 1937, Roosevelt issued E.O. 7709A abolishing the panel at the end of the year. He then changed his mind, however, thinking the council might be useful for dealing with the recession that had become widespread by November, and he extended the life of the panel. FDR thought the Emergency Council experience “a wonderful essay in democracy.” He called it a New England town meeting that gave everybody a chance to “blow off.” By his own admission, he learned things that some of his subordinates “wouldn’t have liked me to know anything about.” Eventually, Roosevelt admitted, the council became “too big to do much actual work.” At the end, he was, he said, making “stump speeches” when he would have preferred to be receiving advice.12 Nonetheless, it has been observed that FDR’s experience with such super-Cabinet entities may well have convinced him that the coordination he desired could be better achieved through strengthened presidential staff rather than collegial bodies of department and agency leaders.13 Toward an Executive Office FDR turned to a group of planners after his super-Cabinet experiments failed to result in the kind of coordination he wanted. Shortly after the Federal Emergency Administration of Public Works was established in June of 1933,14 Harold Ickes, as the head of the new program, had created the National Planning Board to establish evaluation criteria and advise him on project selection. Its members included political scientist Charles E. Merriam, economist Wesley C. Mitchell (succeeded by George Yantes), and city planner Frederick A. Delano, who was the President’s uncle. As Roosevelt became familiar with the board’s work and as the board’s members became increasingly aware of the lack of adequate information available for use in planning the development and application of the nation’s resources, it was agreed that a permanent, broadly based planning body was needed. The result was the conversion of the National Planning Board into the National Resources Board and Advisory Committee, an independent Cabinet committee, with E.O. 6777 of June 30, 1934. When this new entity lost its statutory charter due to Supreme Court 11 See Ibid., pp. 54-66; Seligman and Cornwell, New Deal Mosaic: Roosevelt Confers with His National Emergency Council, 1933-1936, pp. xiv-xxix. 12 See Louis Brownlow, A Passion for Anonymity: The Autobiography of Louis Brownlow, Second Half (Chicago, IL: University of Chicago Press, 1958), p. 321. 13 Seligman and Cornwell, New Deal Mosaic: Roosevelt Confers with His National Emergency Council, 1933-1936, p. xxvi. 14 48 Stat. 195 at 200. CRS-5 invalidation of the National Industrial Recovery Act,15 the planning body was reconstituted as the National Resources Committee (NRC) with E.O. 7065 of June 7, 1935. Later, in 1939, when creating the Executive Office of the President, FDR abolished the NRC and transferred its functions to a newly established National Resources Planning Board (NRPB).16 In June, Congress appropriated funds for the NRPB to carry out the functions of the NRC.17 Eventually, however, continued congressional unhappiness with the NRPB resulted in its abolition, with no successor, in June of 1943.18 The original members of the National Planning Board were suggested to Ickes by one of his consultants, Louis Brownlow, who was the director of the Public Administration Clearing House in Chicago. Brownlow became a frequent, informal participant in the board’s deliberations and meetings with Ickes. During the spring and summer of 1935, the planning group had progressed to having White House meetings with Roosevelt, who took a keen interest in Merriam’s concept of planning and its relation to the presidency. At FDR’s request, Merriam, with Brownlow’s assistance, prepared a memorandum on the subject.19 Subsequently reproduced in Brownlow’s autobiography, this October 1935 memorandum stressed the importance of management and administration for national planning of natural and human resources. Turning to the presidency, Merriam called for greater development of the President’s capabilities for management and administrative supervision of the government. He acknowledged that some steps — in personnel, budgeting, and planning — had been taken in this regard, but thought some analysis of the situation should be made, and called for “a study directed toward the institutional arrangements, general understandings and practices which would most effectively aid the Executive in the double task of management plus political leadership and direction.” Merriam indicated that such a study of administrative management might be undertaken by the Public Administration Committee of the Social Science Research Council. Chaired by Brownlow, this committee, Merriam pointed out, was already engaged in an assessment of the administration of the Works Progress Administration, “and it might be persuaded to broaden the scope of its inquiry.”20 15 Schechter Poultry Corporation v. United States, 295 U.S. 495 (1935). 16 53 Stat. 1423. 17 53 Stat. 927 at 931. 18 57 Stat. 169. See, generally, Marion Clawson, New Deal Planning: The NRPB (Baltimore, MD: The Johns Hopkins University Press, 1981); Otis L. Graham, Jr., Toward A Planned Society: From Roosevelt to Nixon (New York: Oxford University Press, 1976, pp. 52-58); Charles E. Merriam, “The National Resources Planning Board: A Chapter in American Planning Experience,” American Political Science Review, vol. 38, December 1944, pp. 1075-1088; Philip W. Warken, A History of the National Resources Planning Board, 1933-1943 (New York: Garland Publishing Company, 1979). 19 Barry Dean Karl, Executive Reorganization and Reform in the New Deal (Cambridge, MA: Harvard University Press, 1963), p. 203. 20 Brownlow, A Passion for Anonymity: The Autobiography of Louis Brownlow, Second Half, pp. 327-328. CRS-6 Roosevelt shied away from passing the study project on to the Social Science Research Council and, instead, sought his own study committee, instructed by the President. The result was the President’s Committee on Administrative Management, announced on March 22, 1936, and consisting of Merriam, Brownlow, and Luther Gulick.21 Its task, as revealed in the President’s letter to Congress, would be to make “a careful study of the organization of the Executive branch of the Government ... with the primary purpose of considering the problem of administrative management.” FDR went on to stress that “many new agencies have been created during the emergency, some of which will, with the recovery, be dropped or greatly curtailed, while others, in order to meet the newly realized needs of the Nation, will have to be fitted into the permanent organization of the Executive branch.”22 Little concern with efficiency and economy through government reorganization was evident in the President’s letter. Instead, the emphasis was upon structuring the Chief Executive’s authority for effectively executing his constitutional responsibilities. The Brownlow committee reported approximately ten months later. Among its recommendations was a proposed addition of six assistants to the President’s staff and vesting responsibility in the President for the continuous reorganization of the executive branch.23 Released to Congress on January 12, 1937, the report soon became lost in high politics. Three weeks after submitting the Brownlow committee’s report to Congress, FDR announced he wanted to enlarge the membership of the Supreme Court. His “court packing” plan not only fed congressional fears of a presidential power grab, but also so preoccupied Congress that the Brownlow committee’s reorganization recommendations were ignored. The Brownlow committee’s report made no recommendation for an Executive Office of the President. What was sought was a modest enlargement of the number of congressionally authorized presidential assistants. The President had initially been granted funds in 1857 to employ a private secretary;24 in 1929, Congress was persuaded to add two more secretaries and an administrative assistant to the presidential payroll.25 The current situation, in the view of the Brownlow committee, called for more. The President needs help. His immediate staff assistance is entirely inadequate. He should be given a small number of executive assistants who would be his direct aides in dealing with the managerial agencies and administrative departments of the government. These assistants, probably not exceeding six in number, would be in addition to the present secretaries, who deal with the public, with the Congress, and with the press and radio. These aides would have no 21 See Karl, Executive Reorganization and Reform in the New Deal, pp. 37-165. 22 Samuel I. Rosenman, ed., The Public Papers and Addresses of Franklin D. Roosevelt: 1936 Volume, The People Approve (New York: Random House, 1938), pp. 144-146. 23 U.S. President’s Committee on Administrative Management, Report of the President’s Committee (Washington: GPO, 1937), pp. 5-6, 29-42. 24 25 11 Stat. 228. 45 Stat. 1230. CRS-7 power to make decisions or issue instructions in their own right. They would not be interposed between the President and the heads of his departments. They would not be assistant presidents in any sense. Their function would be, when any matter was presented to the President for action affecting any part of the administrative work of the Government, to assist him in obtaining quickly and without delay all pertinent information possessed by any of the executive departments so as to guide him in making his responsible decisions; and then when decisions have been made, to assist him in seeing to it that every administrative department and agency affected is promptly informed. Their effectiveness in assisting the President will, we think, be directly proportional to their ability to discharge their functions with restraint. They would remain in the background, issue no orders, make no decisions, emit no public statements. Men for these positions should be carefully chosen by the President from within and without the Government. They should be men in whom the President has personal confidence and whose character and attitude is [sic] such that they would not attempt to exercise power on their own account. They should be possessed of high competence, great physical vigor, and a passion for anonymity. They should be installed in the White House itself, directly accessible to the President. In the selection of these aides, the President should be free to call on departments from time to time for the assignment of persons who, after a tour of duty as his aides, might be restored to their old positions.26 While this particular recommendation did not attract fervent opposition in Congress, the forces of resistance carried sway, and Roosevelt’s hopes for executive branch reforms died in the 75th Congress. Creating the Executive Office Although efforts at gaining legislative approval of the Brownlow committee’s recommendations lay in ruin in the spring of 1938, the buoyant Chief Executive had not deserted the cause. By July, FDR was meeting with Brownlow, Merriam, and Gulick. Their committee would not be officially reassembled, but he wanted each man’s help with a reorganization authority proposal. Roosevelt sought out the Democratic congressional leadership to discuss the new reorganization measure. Legislative strategy was set in early December 1938 by Roosevelt, Merriam, Gulick — Brownlow was convalescing from a heart attack — and Senator James Byrnes, the chairman of the Senate Select Committee on Government Organization and manager of the reorganization legislation. Byrnes asked that the bill be initiated in the House, where debate could be limited and the Senate would be free to pursue pending business of the moment. The resulting measure — H.R. 4425 — empowered the President to propose reorganization plans, subject to a veto by a majority vote of disapproval in both houses of Congress, and to also appoint six administrative assistants. After three days of discussion and debate, the House adopted the bill on March 8, 1939. Twelve days later, the Senate began considering the proposal. Following two days of sparring over amendments, the Senate adopted the bill. A quick 26 U.S. President’s Committee on Administrative Management, Report of the President’s Committee, p. 5. CRS-8 conference cleared the measure for Roosevelt’s signature on April 3.27 Earlier, FDR had asked Brownlow, Merriam, and Gulick to return to Washington and assist with the preparation of his initial reorganization plans.28 Following consultations with Budget Director Harold D. Smith, the Brownlow group presented two reorganization proposals to Roosevelt on April 23. Plan 1, submitted to Congress on April 25, indicated that certain agencies were transferred to the Executive Office of the President, but offered no explanation of that entity.29 In Plan 2, the National Emergency Council was abolished and most of its functions were transferred to the Executive Office.30 While both plans were acceptable to legislators, their effective dates were troublesome in terms of accommodating fiscal calendar necessities. By joint resolution, Congress provided that both plans would be effective on July 1, 1939.31 Following this action, the President, on September 8, issued E.O. 8248 formally organizing the Executive Office and, thereby, defining it in terms of its components.32 Brownlow, who drafted the initial reorganization plan, viewed the Executive Office as the institutional realization of administrative management and “the effective coordination of the tremendously wide-spread federal machinery.” He called the initial version “a little thing” compared to its later size. It grew under Roosevelt and “it continued to expand and was further regularized by statute, by appropriation acts, and by more reorganization plans” during the succeeding years.33 Composition and Growth The Executive Office organized by E.O. 8248 was to consist of the White House Office, the Bureau of the Budget, the National Resources Planning Board, the Office of Government Reports, which assumed the information responsibilities of the defunct National Emergency Council, the Liaison Office for Personnel Management, and, “in the event of a national emergency, such office for emergency management as the President shall determine.” The Office for Emergency Management was created by an administrative order on May 25, 1940, and its functions were further specified in an administrative order of January 7, 1941.34 It subsequently served as a parent unit for a number of subordinate emergency management bodies. Its functions were largely assumed by the Office of War Mobilization and Reconversion 27 53 Stat. 561. 28 Richard Polenberg, Reorganizing Roosevelt’s Government (Cambridge, MA: Harvard University Press, 1966), pp. 184-187. 29 53 Stat. 1423. 30 53 Stat. 1431 at 1435. 31 53 Stat. 813. 32 3 C.F.R., 1938-1943 Comp., pp. 576-579. 33 Brownlow, A Passion for Anonymity: The Autobiography of Louis Brownlow, Second Half, p. 416. 34 3 C.F.R., 1938-1943 Comp., pp. 1320-1321. CRS-9 in the closing years of World War II, but it was never abolished and remains an inactive Executive Office unit.35 At the time of Roosevelt’s death, the United States Government Manual indicated six principal EOP units, plus the Council of National Defense. However, the Office for Emergency Management, which, it was explained, “is primarily a framework within the confines of the Executive Office of the President, within which framework various civilian war agencies have been established,” counted 16 major agencies. At the end of his first term as President, Harry S. Truman had an Executive Office of eight principal units, as well as the Council of National Defense, and the Office for Emergency Management had two subsidiary agencies. New Executive Office units created by Congress included the Council of Economic Advisers, the Central Intelligence Agency, the National Security Council, and the National Security Resources Board.36 At the end of his second term, Truman had 11 Executive Office units, but the Office for Emergency Management was dormant. Manuals for the Presidency of Dwight D. Eisenhower indicate eight Executive Office components at the end of his first administration and nine at the conclusion of his second term. At the time of his assassination, John F. Kennedy also had nine Executive Office entities, and Lyndon B. Johnson counted 11 such units at the conclusion of his Oval Office tenure. When Richard Nixon resigned the Presidency, he left behind 15 Executive Office agencies. His successor, Gerald Ford, also had 15 EOP components when he departed from the White House, but the next President, Jimmy Carter, had a reduced total of 11 entities at the end of his term. Ronald Reagan finished both of his administrations with nine Executive Office units, George H. W. Bush had 11 such agencies when he completed his term, and William Clinton had ten EOP entities during his presidency.37 Profiles of the major entities within the Executive Office during the 1939-2000 period are presented in Appendix I of this report, and their chronological location in the EOP is portrayed in Appendix II. Among the more enduring constructs of the Executive Office are the White House Office and the Office of Management and Budget (formerly the Bureau of the Budget), which were among the initial EOP structures. The Council of Economic Advisers, established in 1946,38 and the National Security Council, created in 1947,39 also appear to hold permanent status. Both the Office of the Special Representative 35 See Herman M. Somers, Presidential Agency (Cambridge, MA: Harvard University Press, 1950). 36 While the Central Intelligence Agency could be considered a subunit of the National Security Council, it is treated here as a principal unit of the Executive Office of the President until 1981 when the United States Government Manual for that year listed it as an independent establishment. 37 The staff office of the Vice President, though sometimes, for some purposes, is considered to be an Executive Office component, it was not so regarded in these counts. 38 60 Stat. 24. 39 61 Stat. 496. CRS-10 for Trade Negotiations and the Council on Environmental Quality have endured for over two decades. It also seems unlikely that the President’s administrative support staff unit, known as the Office of Administration, will soon be eliminated. If such did happen, its functions would most likely have to be assumed by the White House Office, which would increase both its personnel and budget. Indeed, the Office of Administration was created, in part, in response to criticism that the White House staff was too large and too costly. The number of units within the Executive Office of the President has not been a serious issue over the years. Congress, respecting the Constitution’s separation of powers, has allowed the President to exercise a free hand with regard to the Executive Office. He may create a temporary EOP body and use appropriated discretionary funds to finance such a unit. However, it is expected that the creation and functioning of this entity, at a minimum, will not contravene prevailing statutes, and that its continued existence will be subject to congressional approval through the legislative or appropriations process. Congress routinely appropriates funds, directly or indirectly, for all Executive Office agencies. When controversy has risen, it has usually involved resources for, and the powers of, Executive Office entities. As noted earlier, Congress was suspicious of Roosevelt’s national planners; the National Resources Planning Board came to be seen as meddlesome, a threat to traditional political relationships, and a waste of money, so it was abolished.40 Concerned that the director of the Office of War Mobilization, a unit of the Office for Emergency Management created by E.O. 9347 of May 27,1943,41 was becoming too powerful, Congress created a replacement agency, the Office of War Mobilization and Reconversion, and made its director subject to Senate confirmation, gave him a two-year term, and specified his authority.42 More recently, during the 1970s, congressional concern about the growth of the staff of the Executive Office ultimately resulted in an authorization statute setting personnel ceilings for the White House Office, the Vice President’s Office, the President’s domestic policy staff, and the Office of Administration.43 In the summer of 1981, the House Committee on Appropriations denied the budget request of the Office of Policy Development in its entirety because witnesses from the agency refused to appear at a subcommittee hearing to discuss their funding. “After the subcommittee mark-up occurred,” said the committee report, “the head of that Office met informally and off the record with the subcommittee to discuss the matter.” Additional information on “the legal basis for refusing to appear” was to be provided, but, because it was not subsequently received, the committee took its action.44 The Office of Policy Development and other segments of the federal government were funded shortly thereafter through an emergency resolution continuing appropriations 40 57 Stat. 169. 41 3 C.F.R., 1938-1943 Comp., pp. 1281-1282. 42 58 Stat. 785. 43 92 Stat. 2445. 44 U.S. Congress, House Committee on Appropriations, Treasury, Postal Service and General Government Appropriation Bill, 1982, H.Rept. 97-171, 97th Cong., 1st sess. (Washington: GPO, 1981), pp. 30-31. CRS-11 for FY1982.45 Office of Policy Development officials did not again refuse to appear before an appropriations subcommittee. In his 1958 autobiography, Louis Brownlow commented that he was quite certain that FDR, when creating the Executive Office, “had not in his wildest dreams” envisioned the expansion that later occurred.46 Indeed, Brownlow himself was surprised. He might also be surprised that administrative management, stressed by the Brownlow Committee, has not been a major concern of many of the men succeeding Franklin D. Roosevelt as President. The past two decades have seen little awareness of or demonstrated interest in administrative management on the part of the men occupying the Oval Office. This situation is reflected in their public remarks, the relatively unchanging composition of the Executive Office, and the general absence of executive branch reorganization activities or plans. However, significant changes in the composition and staffing of the Executive Office, other than an isolated addition of a new unit or a few personnel, could occur depending upon the approach future Presidents have toward administrative management considerations for the execution of the duties of the Presidency.47 45 95 Stat. 958. 46 Brownlow, A Passion for Anonymity: The Autobiography of Louis Brownlow, Second Half, p. 417. 47 It might be noted in this regard that, while the initial 1993 report of the National Performance Review (NPR) offered a dozen major recommendations concerning the organization and operations of the Executive Office, none of these were of an administrative management character. Furthermore, neither the 1993 NPR report nor President Clinton indicated a governance theory of administrative management. See Office of the Vice President, From Red Tape to Results: Creating a Government that Works Better & Costs Less; Report of the National Performance Review (Washington: GPO, 1993), pp. 139-140. CRS-12 Appendix A: Profiles of the Principal Units of the Executive Office of the President: 1939-2008 Administration, Office of (1977- ). Established in the Executive Office of the President by Reorganization Plan 1 of 1977 to provide components of the Executive Office with such administrative services as the President shall direct. A staff authorization was initially established in 1978 (92 Stat. 2448). The Office of Administration is headed by a presidentially-appointed director. Arts, National Council on the (1964-1965). Established in the Executive Office of the President by the National Arts and Cultural Development Act of 1964 (78 Stat. 905) to assist the President with regard to the growth and development of the arts and cultural resources of the United States, including the encouragement of private initiatives and the coordination of local, state, and federal activities. The council was headed by a presidentially appointed chairman, who was subject to Senate approval, and included the Secretary of the Smithsonian Institution and 24 other members appointed by the President from private life. The council was subsequently transferred to the National Foundation on the Arts and the Humanities by the National Foundation on the Arts and the Humanities Act of 1965 (79 Stat. 849). Budget, Bureau of the (1939-1970). Established within the Department of the Treasury by the Budget and Accounting Act of 1921 (42 Stat. 20) to prepare the consolidated federal budget, but functioned under the immediate supervision of the President. The bureau was transferred to the Executive Office of the President by Reorganization Plan 1 of 1939. Headed by a presidentially-appointed director, it was subsequently reorganized as the Office of Management and Budget by Reorganization Plan 2 of 1970. Civil and Defense Mobilization, Office of (1958-1961). Established in the Executive Office of the President as the Office of Defense and Civilian Mobilization by Reorganization Plan 1 of 1958 to direct and coordinate civilian mobilization activities and nonmilitary defense functions of the federal government. The Office of Defense and Civilian Mobilization was renamed the Office of Civil and Defense Mobilization by an act of August 25, 1958 (72 Stat. 861). Subsequently, the civil defense functions of the Office of Civil and Defense Mobilization were transferred to the Secretary of Defense by E.O. 10952 of July 20, 1961. With its remaining functions, the Office of Civil and Defense Mobilization was redesignated the Office of Emergency Planning by an act of September 22, 1961 (75 Stat. 630). Congested Production Areas, Committee for (1943-1944). Established in the Executive Office of the President by E.O. 9327 of April 7, 1943, to provide for more efficient handling of government problems in areas that lacked adequate community services or facilities because of large increases in population. Chaired by the director of the Bureau of the Budget, the committee included among its members representatives from the Department of War, Department of the Navy, the War Production Board, the War Manpower Commission, the Federal Works Agency, CRS-13 and the National Housing Agency. It was subsequently terminated by the National War Agency Appropriation Act of 1945 (58 Stat. 535). Consumer Affairs, Office of (1971-1973). Established in the Executive Office of the President by E.O. 11583 of February 24, 1971, to advise the President on all matters relating to consumer interests. Headed by a presidentially-appointed director, the office and its functions were subsequently transferred to the Department of Health, Education, and Welfare by E.O. 11702 of January 25, 1973. Defense and Civilian Mobilization, Office of (1958). Established in the Executive Office of the President by Reorganization Plan 1 of 1958 to direct and coordinate civilian mobilization activities and nonmilitary defense functions of the federal government. The Office of Defense and Civilian Mobilization was headed by a presidentially-appointed director, who was subject to Senate approval. The agency was renamed the Office of Civil and Defense Mobilization by an act of August 25, 1958 (72 Stat. 861). Defense Mobilization, Office of (1950-1953; 1953-1958). Established in the Executive Office of the President by E.O. 10193 of December 16, 1950, to direct, control, and coordinate all mobilization activities of the government, including manpower, stabilization, and transport operations. The Office of Defense Mobilization was headed by a presidentially-appointed director, who was subject to Senate approval. Reorganization Plan 3 of 1953 established a new Office of Defense Mobilization, which assumed the functions of its predecessor and some other entities. This unit was subsequently consolidated with the Federal Civil Defense Administration into the Office of Defense and Civilian Mobilization by Reorganization Plan 1 of 1958. Domestic Council (1970-1977; 1993- ). Established in the Executive Office of the President by Reorganization Plan 2 of 1970 to formulate and coordinate domestic policy recommendations for the President. Chaired by the President, the council included among its members the Vice President; the Attorney General; the Secretary of Agriculture; the Secretary of Commerce; the Secretary of Health, Education, and Welfare; the Secretary of Housing and Urban Development; the Secretary of the Interior; the Secretary of Labor; the Secretary of Transportation; the Secretary of the Treasury; and such other officers of the executive branch as the President might direct. The council was abolished by Reorganization Plan 1 of 1977 and its functions were transferred to the Domestic Policy Staff. The council was recreated with E.O. 12859 of August 16, 1993, and was included within the Office of Policy Development when it was reinstituted in 1996. Domestic Policy Staff (1977-1992). Established in the Executive Office of the President by Reorganization Plan 1 of 1977 to assure that the needs of the President for prompt and comprehensive advice were met with respect to matters of economic and domestic policy. A staff authorization was initially established in 1978 (92 Stat. 2448). Headed by an executive director, who was an assistant to the President, the Domestic Policy Staff was incorporated into the Office of Policy Development in 1981. It was abolished in a February 1992 presidential statement. CRS-14 Drug Abuse Policy, Office of (1976-1977). Established in the Executive Office of the President by an amendment to the Drug Abuse Office and Treatment Act of 1972 (90 Stat. 242) to make recommendations to the President with respect to the objectives, policies, and priorities for federal drug abuse functions and to coordinate the performance of those functions by federal departments and agencies. Headed by a presidentially-appointed director, who was subject to Senate approval, the Office of Drug Abuse Policy was abolished by Reorganization Plan 1 of 1977, which transferred certain of its functions to the White House Office. Drug Abuse Prevention, Special Action Office for (1971-1975). Established in the Executive Office of the President by E.O. 11599 of June 17, 1971, and the Drug Abuse Office and Treatment Act of 1972 (86 Stat. 65) to assist the President with planning, policy formation, and establishing objectives and priorities for all drug abuse prevention functions. Headed by a presidentially-appointed director, who was subject to Senate approval, the Special Action Office was terminated on June 30, 1975, when its authorization expired (86 Stat. 70) Economic Advisers, Council of (1946- ). Established in the Executive Office of the President by the Employment Act of 1946 (60 Stat. 24), the council analyzes the national economy and its segments, advises the President on economic developments, appraises the economic programs and policies of the federal government, recommends to the President policies for economic growth and stability, assists in the preparation of the economic reports of the President to Congress, and produces its own annual report. The council is composed of three presidentiallyappointed members, one of whom is designated chairman and all of whom are subject to Senate approval. Economic Opportunity, Office of (1964-1975). Established in the Executive Office of the President by the Economic Opportunity Act of 1964 (78 Stat. 508) to administer programs providing opportunities for education and training, work, and overcoming conditions of poverty. The Office of Economic Opportunity was headed by a presidentially-appointed director, who was subject to Senate approval. Programs of the agency were subsequently transferred to the Departments of Labor; Health, Education and Welfare; and Housing and Urban Development during 1973 and dismantling of the agency was completed in 1975 when the final transfers were made to the Community Services Administration by the Headstart, Economic Opportunity, and Community Partnership Act of 1974 (88 Stat. 2310). Economic Policy, Council on (1973-1974). Established in the Executive Office of the President by a presidential memorandum of February 2, 1973, to help ensure better coordination in the formation and execution of economic policy and to perform such functions relating to economic policy as the President or its chairman may direct. Headed by a chairman who was an assistant to the President, the council included among its members the Secretary of State, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Transportation, the director of the Office of Management and Budget, the chairman of the Council of Economic Advisers, the director of the Cost of Living Council, and the executive director of the Council on International Economic Policy. Its functions were subsequently absorbed by the President’s Economic Policy Board on September 30, 1974. CRS-15 Emergency Management, Office for (1940). Established in the Executive Office of the President by a presidential administrative order of May 25, 1940, in accordance with E.O. 8248 of September 8, 1939, organizing the Executive Office. The Office for Emergency Management assisted the President with coordination and supervision of agencies engaged in emergency activities concerning U.S. preparation for and prosecution of World War II. A multiplicity of civilian emergency entities was created as organizational subunits of the Office for Emergency Management, which was headed by a presidentially-appointed Liaison Officer for Emergency Management. When the incumbent liaison officer resigned on November 3, 1943, no successor was appointed. By this time, many of the functions of the Office for Emergency Management had been assumed by one of its subunits — the Office of War Mobilization. With the end of World War II, the Office for Emergency Management became dormant, but has never been formally terminated or abolished. Emergency Planning, Office of (1961-1968). A scaled-down version of the Office of Civil and Defense Mobilization , the Office of Emergency Planning was so designated by an act of September 22, 1961 (75 Stat. 630), and assisted and advised the President in coordinating and determining policy for all emergency preparedness activities of the federal government. Headed by a presidentiallyappointed director, who was subject to Senate approval, the office was renamed the Office of Emergency Preparedness by an appropriation act of October 21, 1968 (82 Stat. 1194). Emergency Preparedness, Office of (1968-1973). A renamed Office of Emergency Planning, the Office of Emergency Preparedness was so designated by an appropriation act of October 21, 1968 (82 Stat. 1194). Headed by a presidentiallyappointed director, who was subject to Senate approval, it advised and assisted the President on policy determination and coordination of emergency preparedness activities. The Office of Emergency Preparedness was abolished by Reorganization Plan 1 of 1973 and its functions were transferred to the Department of the Treasury, the Department of Housing and Urban Development, and the General Services Administration. Energy Policy Office (1973-1974). Established in the Executive Office of the President by E.O. 11726 of June 29, 1973, to formulate and coordinate energy policies at the presidential level. Headed by a presidentially-appointed director, the Energy Policy Office was abolished by E.O. 11775 of March 26, 1974, and superseded by the Federal Energy Office. Energy Resources Council (1974-1977). Established in the Executive Office of the President by the Energy Reorganization Act of 1974 (88 Stat. 1241) to insure communication and coordination among federal agencies having responsibilities for the development and implementation of energy policy or for the management of energy resources. It also was to make recommendations to the President for improving the implementation of federal energy policies or the management of energy resources, particularly where two or more departments or agencies are involved. The council was composed of the Secretary of the Interior, the administrator of the Federal Energy Administration, the administrator of the Energy Research and Development Administration, the Secretary of State, the CRS-16 director of the Office of Management and Budget, and such other executive branch officials as the President might designate. The President designated a chairman from among these members. The council was terminated when its establishing authority was subsequently repealed by the Department of Energy Organization Act of 1977 (91 Stat. 608). Environmental Quality, Council on (1970). Established in the Executive Office of the President by the National Environmental Quality Act of 1969 (83 Stat. 854) to develop and recommend to the President national policies to promote the improvement of the quality of the environment, perform continuing analysis of changes or trends in the national environment, and assist the President in the preparation of the annual environmental quality report to Congress. The council is composed of three presidentially-appointed members, one of whom is designated as chairman by the President and all of whom are subject to Senate approval. Federal Energy Office (1973-1974; 1976). Established in the Executive Office of the President by E.O. 11748 of December 4, 1973, to advise the President with respect to the establishment and integration of domestic and foreign policies relating to the production, conservation, use, control, distribution, and allocation of energy and with respect to all other energy matters. Headed by an administrator, who was the Deputy Secretary of the Treasury, the Federal Energy Office was abolished by E.O. 11790 of June 25, 1974, and its functions were transferred to the Federal Energy Administration. Temporarily recreated by E.O. 11930 of July 30, 1976, to carry out functions of the Federal Energy Administration, the reconstituted Federal Energy Office was headed by a presidentially-appointed administrator. It was finally abolished by E.O. 11933 of August 25, 1976, and its functions again were transferred to the Federal Energy Administration. Federal Property Council (1973-1977). Established in the Executive Office of the President by E.O. 11724 of June 25, 1973, to review all federal real property policies with respect to their consistency with the overall objectives of the government, to make recommendations to the President regarding same, and to foster the development of more effective policies regarding the use of federal property. The council’s members included the director of the Office of Management and Budget, the chairman of the Council of Economic Advisers, the chairman of the Council on Environmental Quality, and such other members from the Executive Office as the President might specify. The President designated the council’s chairman from among its members. The panel was abolished by E.O. 12030 of December 15, 1977. Government Reports, Office of (1939-1942; 1946-1948). Established July 1, 1939, to perform functions of the National Emergency Council, which was abolished by Reorganization Plan 2 of 1939. Pursuant to E.O. 8248 of September 8, 1939, organizing the Executive Office of the President, the Office of Government Reports became a unit of the Executive Office. Headed by a presidentially-appointed director, it was mandated to provide a central clearinghouse through which citizens as well as state and local governments could make inquires and receive responsive information about federal activities and programs, to collect and distribute information concerning the purposes and operations of the departments and agencies, and to keep the President currently informed about the opinions, desires, and complaints of citizens and subnational government officials regarding the work of CRS-17 federal agencies. It was then consolidated with the Office of War Information, a subunit of the Office for Emergency Management, by E.O. 9182 of June 13, 1942. Temporarily reestablished in the Executive Office with new responsibilities by E.O. 9809 of December 12, 1946, the Office of Government Reports subsequently was statutorily restricted the following year to advertising and motion picture liaison and library operation (61 Stat. 588). In accordance with the liquidation arrangements set forth in E.O. 9809, the Office of Government Reports was terminated on June 30, 1948. Gulf Coast Recovery and Rebuilding Council (2005 - ). Established in the Executive Office of the President by E.O. 13389 of November 1, 2005, to promptly review and provide advice and recommendations regarding the effective, integrated, and fiscally responsible provision of federal support to state, local, and tribal governments, the private sector, and faith-based and other community humanitarian relief organizations in the recovery and rebuilding of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita. Initially chaired by the Assistant to the President for Economic Policy, the 21-member panel includes representatives from the Cabinet departments, the heads of certain independent agencies, and other Executive Office and White House Office officials. E.O. 13463 of April 18, 2008, designated the Assistant to the President for Homeland Security and Counterterrorism as the new chair of the council, and set February 28, 2009, as the date for the termination of the panel. Homeland Security Council (2001- 2002; 2002- ). Established in the Executive Office of the President by E.O. 13228 of October 8, 2001, to advise and assist the President with respect to all aspects of homeland security and serve as the mechanism for ensuring coordination of homeland security-related activities of executive departments and agencies and effective development and implementation of homeland security policies. Statutorily reconstituted to advise the President on homeland security matters; assess the objectives, commitments, and risks of the United States in the interest of homeland security and make resulting recommendations to the President; and oversee and review homeland security policies of the federal government and make resulting recommendations to the President (116 Stat. 2135). Homeland Security, Office of (2001-2004). Established in the Executive Office of the President by E.O. 13228 of October 8, 2001, to develop and coordinate the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks. The office is under the direction of the assistant to the President for homeland security. In late July 2003, doubt was cast on the future of OHS when House appropriators, in their report on the Departments of Transportation and Treasury and Independent Agencies Appropriations Bill, 2004, revealed that the Bush Administration had changed the “Office of Homeland Security” account to one for the “Homeland Security Council.” The account change apparently also implied the shift of 66 staff from OHS to the council, which the report questioned “given the existence and support of the Department of Homeland CRS-18 Security.”48 Subsequently, the Consolidated Appropriations Act, 2004, which included funding for the agencies of the Executive Office of the President, did not make any allocation for OHS, but did provide $7.2 million for the Homeland Security Council.49 The President’s FY2005 budget made no mention of OHS, which, while not formally abolished, has become dormant. Intellectual Property Enforcement Coordinator (2008- ). Established in the Executive Office of the President by the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (122 Stat. 4256). The coordinator chairs the interagency intellectual property enforcement advisory committee; coordinates the development of the Joint Strategic Plan against counterfeiting and infringement by the advisory committee; assists, as requested, in the implementation of the Joint Strategic Plan; facilitates the issuance of relevant policy guidance; and reports to the President and Congress on his duties and responsibilities. Intergovernmental Relations, Office of (1969-1972). Established in the Executive Office of the President by E.O. 11455 of February 14, 1969, to strengthen federal, state, and local relations. The Office of Intergovernmental Relations was under the immediate supervision of the Vice President, who designated its director. It was subsequently abolished by E.O. 11690 of December 14, 1972, which transferred its functions to the Domestic Council. International Economic Policy, Council on (1971-1977). Established in the Executive Office of the President by a presidential memorandum of January, 19, 1971, to assist the President with the coordination and consistency of policy and activities concerning foreign economic affairs. Statutorily authorized by the International Economic Policy Act of 1972 (86 Stat. 646), the council was chaired by the President and its members included the Secretary of State, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the director of the Office of Management and Budget, the chairman of the Council of Economic Advisers, the assistant to the President for national security affairs, the executive director of the Domestic Council, and the Special Representative for Trade Negotiations. The council ceased operations on September 30, 1977 when its statutory authorization (87 Stat. 447) expired. Management and Budget, Office of (1970). Established in the Executive Office of the President by Reorganization Plan 2 of 1970 to assist the President with various aspects of federal budget preparation and administration, operations and funds management, management evaluation, efficient and economical conduct of government service, and policy coordination and clearance. The office is headed by a director, who, since 1974 (88 Stat. 11), has been subject to Senate approval. 48 U.S. Congress, House Committee on Appropriations, Departments of Transportation and Treasury and Independent Agencies Appropriations Bill, 2004, a report to accompany H.R. 2989, 108th Cong., 1st sess., H.Rept. 108-243 (Washington: GPO, 2003), p. 163. 49 118 Stat. 3. CRS-19 Marine Resources and Engineering Development, National Council on (1966-1971). Established in the Executive Office of the President by the Marine Resources and Development Act of 1966 (80 Stat. 204) to provide advice and assistance to the President to assure that marine science and technology are effectively used in the interest of national security and the general welfare. Chaired by the Vice President, the council was composed of the Secretary of State, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Commerce, the chairman of the Atomic Energy Commission, the director of the National Science Foundation, the Secretary of Health, Education, and Welfare, the Secretary of the Treasury, and such other officers and officials as the President deemed advisable to designate as members. The council was subsequently terminated when its mandate was extended only to June 30, 1971, by an act of September 25, 1970 (84 Stat. 865). Mutual Security Agency (1951-1953). Established and continued by the Mutual Security Acts of 1951 (65 Stat. 373) and 1952 (66 Stat. 141) as a unit of the Executive Office of the President to maintain security and promote foreign policy and provide for the general welfare of the United States by furnishing military, economic, and technical assistance to friendly nations in the interest of international peace and security. The Mutual Security Agency and the Office of the Director for Mutual Security were abolished by Reorganization Plan 7 of 1953 with the functions of both entities transferred to the Foreign Operations Administration, which was established by the same plan authority. National Aeronautics and Space Council (1958-1973). Established in the Executive Office of the President by the National Aeronautics and Space Act of 1958 (72 Stat. 427) to advise and assist the President regarding aeronautical and space programs and activities. Chaired by the President, the council was composed of the Secretary of State, the Secretary of Defense, the administrator of the National Aeronautics and Space Administration, the chairman of the Atomic Energy Commission, a presidentially-appointed member from the federal agencies, and three presidentially-appointed members from private life. The council was abolished by Reorganization Plan 1 of 1973. National Critical Materials Council (1984-1993). Established in the Executive Office of the President by the National Critical Materials Act of 1984 (98 Stat. 1250) to advise the President on policies related to strategic and critical materials and to review federal programs, activities, and budget priorities with respect to these policies. The council was composed of three presidentiallyappointed members, one of whom is designated chairman by the President and all of whom, if not already Senate-confirmed officers, were subject to Senate approval. Individuals named to the council were, as a result of training, experience, and achievement, to be qualified to carry out its duties and functions. The council was dissolved in 1993, its funding was discontinued, and its functions were assumed by the Office of Science and Technology Policy. National Drug Control Policy, Office of (1988- ). Established in the Executive Office of the President by the National Narcotics Leadership Act of 1988 (102 Stat. 4181) to advise the President regarding necessary changes in the organization, management, budgeting, and personnel allocation of federal agencies involved in drug enforcement activities and coordination of policy for consistency CRS-20 with the national drug control strategy. The Office of National Drug Control Policy is headed by a director, who is subject to Senate approval. National Energy Office (1973). Established in the Executive Office of the President by E.O., 11712 of April 18, 1973, to advise the President with respect to all federal energy programs, activities, and related matters. Headed by a presidentially-appointed director, the National Energy Office was abolished by E.O. 11726 of June 29, 1973, which transferred its functions to the Energy Policy Office. National Security Council (1949- ). Established by the National Security Act of 1947 (61 Stat. 496), the council was transferred to the Executive Office of the President by Reorganization Plan 4 of 1949. Its statutory function is to advise the President with respect to the integration of domestic, foreign, and military policies relating to national security. Chaired by the President, the council includes among its statutory members the Vice President, the Secretary of State, and the Secretary of Defense. Each President may also designate other officials to attend and participate in council meetings on a regular basis. The Director of National Intelligence and the chairman of the Joint Chiefs of Staff serve as statutory advisers to the council. Although the council has been statutorily authorized to have a presidentiallyappointed executive secretary since its creation, leadership of its staff has been exercised for many years by each President’s national security assistant, who is actually a member of the White House Office staff. The work of the council is also conducted through various working groups and special policy instruments. National Security Resources Board (1949-1953). Established by the National Security Act of 1947 (61 Stat. 499), the board was transferred to the Executive Office of the President by Reorganization Plan 4 of 1949. Functions of the board were transferred to its chairman, and the board was made advisory to him by Reorganization Plan 25 of 1950. The board primarily was to advise the President concerning the coordination of military, industrial, and civilian mobilization. Its chairman was appointed from civilian life by the President with Senate approval; its members included the heads or representatives from the various departments and agencies so designated by the President. Those functions of the board delegated by executive order were transferred to the Office of Defense Mobilization by E.O. 10438 of March 13, 1953. The board was subsequently abolished by Reorganization Plan 3 of 1953, which transferred its remaining function to the Office of Defense Mobilization. National Space Council (1988-1993). Established in the Executive Office of the President by the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (102 Stat. 4102) and organized by E.O. 12675 of April 20, 1989, to advise and assist the President on national space policy and strategy. Chaired by the Vice President, the council included among its members the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Secretary of Commerce, the Secretary of Transportation, the director of the Office of Management and Budget, the chief of staff to the President, the assistant to the President for national security affairs, the assistant to the President for science and technology, the Director of Central Intelligence, and the administrator of the National Aeronautics and Space Administration. The council was dissolved in 1993, its funding was CRS-21 discontinued, and its functions were assumed by the Office of Science and Technology Policy. Operations Coordinating Board (1953-1957). Established by E.O. 10483 of September 2, 1953, to provide primarily for the integrated implementation of national security policies by several agencies. Chaired by the Under Secretary of State, the board included among its members the Deputy Secretary of Defense, the director of the Foreign Operations Administration, the Director of Central Intelligence, and a presidential representative designated by the President. With E.O. 10700 of February 25, 1957, the board was subsumed as a subunit of the National Security Council and its membership was slightly expanded, with both the chairman and a vice chairman designated from among its members by the President. The board was terminated by E.O. 10920 of February 18, 1961, which revoked E.O. 10700. Personnel Management, Liaison Office for (1939-1953). Established in the Executive Office of the President by E.O. 8248 of September 8, 1939, organizing the Executive Office. Headed by a presidentially-appointed liaison officer, the office advised and assisted the President regarding personnel matters. It was abolished by E.O. 10452 of May 1, 1953, and its functions were delegated to the chairman of the Civil Service Commission. Policy Development, Office of (1981-1992; 1996- ). A renamed Domestic Policy Staff, the Office of Policy Development continued to advise and assist the President in the formulation, coordination, and implementation of economic and domestic policy. Headed by the assistant to the President for economic and domestic policy, it was abolished in February 1992 by the President’s reorganization statement, effective May 1992. Reinstituted in 1996 to consist of the Domestic Policy Council, established in 1993 by E.O. 12859, and the National Economic Council, created in 1993 by E.O. 12835. Presidential Clemency Board (1974-1975). Established in the Executive Office of the President by E.O. 11803 of September 16, 1974, to examine the cases of individuals applying for executive clemency and to report findings and make recommendations to the President regarding the granting of clemency. The board consisted of eight presidentially-appointed members from private life, one of whom was designated chairman by the President. Having submitted its final recommendations to the President on September 15, 1975, the board, pursuant to E.O. 11878 of September 10, 1975, terminated its operations and its remaining administrative duties were transferred to the Attorney General. President’s Economic Policy Board (1974-1977). Established in the Executive Office of the President by E.O. 11808 of September 30, 1974, to provide advice to the President concerning all aspects of national and international economic policy, oversee the formulation, coordination, and implementation of all economic policy, and serve as the focal point for economic policy decisionmaking. Chaired by the Secretary of the Treasury, the board included among its members the assistant to the President for economic affairs, the Secretary of State, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, the Secretary of Transportation, the director of the Office of CRS-22 Management and Budget, the chairman of the Council of Economic Advisers, and the executive director of the Council on International Economic Policy. It was subsequently terminated by E.O. 11975 of March 7, 1977. Privacy and Civil Liberties Oversight Board (2004-2007). Established in the Executive Office of the President by the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3638) to advise the President or the head of any department or agency of the executive branch to ensure that privacy and civil liberties are appropriately considered in the development and implementation of laws, regulations, and executive branch policies to protect the nation from terrorism; to review proposed regulations and policies related to efforts to protect the nation from terrorism; to review the implementation of laws, regulations, and executive branch policies related to efforts to protect the nation from terrorism; and to provide advice on proposals to retain or enhance a particular governmental power relative to the need to protect privacy and civil liberties. The board was composed of five members, all appointed by the President, and two of which, the chair and vice chair, were subject to Senate confirmation. The board became an independent agency within the executive branch pursuant to the Implementing Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 266). Resources Planning Board, National (1939-1943). Established in the Executive Office of the President by Reorganization Plan 1 of 1939 to collect, prepare, and make available to the President, with recommendations, such plans, data, and information as may be helpful to a planned development and use of natural resources. The board was composed of five members appointed by the President, with one designated as chairman and another designated as vice chairman. The board was abolished by an appropriation act of June 26, 1943 (57 Stat. 170). Rural Affairs, Council for (1969-1970). Established in the Executive Office of the President by E.O. 11493 of November 13, 1969, to advise and assist the President with respect to the further development of the nonmetropolitan areas of the country. Chaired by the President, the council included among its members the Vice President, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, the Secretary of Labor, the chairman of the Council of Economic Advisers, the director of the Bureau of the Budget, the director of the Office of Economic Opportunity, and such other heads of departments and agencies as the President might direct. The council was subsequently terminated by E.O. 11541 of July 1, 1970, which transferred its functions to the Domestic Council. Science and Technology, Office of (1962-1973). Established in the Executive Office of the President by Reorganization Plan 2 of 1962 to advise and assist the President with respect to developing policies and evaluating and coordinating programs to assure that science and technology are used most effectively in the interests of national security and the general welfare. Headed by a presidentially-appointed director, who was subject to Senate approval, the Office of Science and Technology was abolished and its functions were transferred to the National Science Foundation by Reorganization Plan 1 of 1973. CRS-23 Science and Technology Policy, Office of (1976- ). Established in the Executive Office of the President by the Presidential Science and Technology Advisory Organization Act of 1976 (90 Stat. 463) to provide advice to the President on scientific, engineering, and technological aspects of issues that require attention at the highest levels of government. The Office of Science and Technology Policy is headed by a presidentially-appointed director, who is subject to Senate approval. Special Representative for Trade Negotiations, Office of the (19631979). Established in the Executive Office of the President by E.O. 11075 of January 15, 1963, to assist the President with supervising and coordinating the trade agreements program and directing U.S. participation in trade negotiations with other countries. Headed by the Special Trade Representative, who was subject to Senate approval, the agency was redesignated the Office of the United States Trade Representative by Reorganization Plan 3 of 1979. Telecommunications Adviser to the President (1951-1953). Established in the Executive Office of the President by E.O. 10297 of October 9, 1951, the Telecommunications Adviser, who was presidentially-appointed, was to assist and advise the President concerning telecommunications policies and programs. The adviser’s mandate was revoked and his functions were transferred to the director of the Office of Defense Mobilization by E.O. 10460 of June 16, 1953. Telecommunications Policy, Office of (1970-1977). Established in the Executive Office of the President by Reorganization Plan 1 of 1970 to establish and implement executive branch communications policies, coordinate the planning and evaluate the operation of executive branch communications activities, and develop mobilization plans for the nation’s communications resources and implement those plans during an emergency. Headed by a presidentially-appointed director, who was subject to Senate approval, the Office of Telecommunications Policy was subsequently abolished by Reorganization Plan 1 of 1977 and its functions were transferred to the Department of Commerce. United States Trade Representative, Office of the (1979). A renamed Office of the Special Representative for Trade Negotiations, the Office of the United States Trade Representative was so designated by Reorganization Plan 3 of 1979. Headed by the presidentially-appointed U.S. Trade Representative, who is subject to Senate approval, it advises and assists the President with setting and administering overall trade policy. Urban Affairs, Council for (1969-1970). Established in the Executive Office of the President by E.O. 11452 of January 23, 1969, to assist the President with the formulation and implementation of a national urban policy. Chaired by the President, the council included among its members the Vice President, the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, the Secretary of Transportation, and such other heads of departments and agencies as the President might direct. The council was subsequently terminated by E.O. 11541 of July 1, 1970, which assigned its functions to the Domestic Council. CRS-24 Wage and Price Stability, Council on (1974-1981). Established in the Executive Office of the President by the Council on Wage and Price Stability Act of 1974 (88 Stat. 750) to identify and monitor economic factors contributing to inflation, including the effects on inflation of industrial, wage, and productivity performance and federal policies, programs, and activities. The council consisted of eight presidentially-appointed members from within the executive branch, with one designated as chairman by the President. Among those so appointed were certain Cabinet secretaries, heads of other Executive Office agencies, and senior White House Office staff members. The council was subsequently abolished by E.O. 12288 of January 29, 1981. Its funding was immediately ended by an appropriation act of June 5, 1981 (95 Stat. 74), and its authorization was repealed by the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 432). War Refugee Board (1944-1945). Established in the Executive Office of the President by E.O. 9417 of January 22, 1944, to effectuate with all possible speed the rescue and release of victims of enemy oppression in immediate danger of death, and otherwise to afford such victims all possible relief and assistance. Composed of the Secretaries of State, War, and the Treasury, the board was to report to the President at frequent intervals concerning the steps taken for the rescue and relief of war refugees and to make recommendations to overcome any difficulties encountered regarding such efforts. The board was terminated by E.O. 9614 of September 14, 1945. White House Office (1939- ). Established in the Executive Office of the President by Reorganization Plan 1 of 1939 to provide assistance to the President in the performance of his many detailed activities incident to his immediate office. The White House Office is organized in accordance with the wishes of each incumbent President and is directed by staff chosen by the President. A staff authorization was initially established in 1978 (92 Stat. 2445). Some presidential boards, committees, and commissions function organizationally as subunits of the White House Office. White House Office of Faith-Based and Community Initiatives (2001- ). Established in the Executive Office of the President by E.O. 13199 of January 29, 2001. The Office, among other responsibilities, develops, leads, and coordinates the Administration’s policy agenda affecting faith-based and other community programs and initiatives, expands the role of such efforts in communities, and increases their capacity through executive action, legislation, federal and private funding, and regulatory relief. CRS-25 Appendix B: A Chronology of the Principal Units of the Executive Office of the President: 1939-2008 Unit Added Removed Status White House Office 1939 — — Bureau of the Budget 1939 1970 Reorganized as the Office Management and Budget National Resources Planning Board 1939 1943 Abolished Liaison Office for Personnel Management 1939 1953 Functions delegated to the Civil Service Commission Office of Government Reports 1939 1942 Transferred to the Office of War Information Office for Emergency Management 1940 — Dormant Committee for Congested Production Areas 1943 1944 Abolished War Refugee Board 1944 1945 Abolished Council of Economic Advisers 1946 — — Office of Government Reports 1946 1948 Abolished National Security Council 1949 — — National Security Resources Board 1949 1953 Transferred to the Office of Defense Mobilization Office of Defense Mobilization 1950 1958 Transferred to the Office of Defense and Civilian Mobilization Telecommunications Adviser to the President 1951 1953 Transferred to the Office of Defense Mobilization Mutual Security Agency 1951 1953 Transferred to the Foreign Operations Administration Operations Coordinating Board 1953 1957 Subsumed by the National Security Council CRS-26 Unit Added Removed Status Office of Defense and Civilian Mobilization 1958 1958 Renamed the Office of Civil and Defense Mobilization Office of Civil and Defense Mobilization 1958 1961 Some functions transferred to the Department of Defense and the agency was renamed the Office of Emergency Planning National Aeronautics and Space Council 1958 1973 Abolished Office of Emergency Planning 1961 1968 Renamed the Office of Emergency Preparedness Office of Science and Technology 1962 1973 Transferred to the National Science Foundation Office of the Special Representative for Trade Negotiations 1963 1979 Redesignated the Office of the United States Trade Representative Office of Economic Opportunity 1964 1975 Transferred to the Departments of Labor, Health, Education, and Welfare; and Housing and Urban Development; and the Community Services Administration National Council on the Arts 1964 1965 Transferred to the National Foundation on the Arts and the Humanities National Council on Marine Resources and Engineering Development 1966 1971 Abolished Economic Opportunity Council 1967 1977 Abolished Office of Emergency Preparedness 1968 1973 Transferred to the Departments of the Treasury and Housing and Urban Development and the General Services Administration Council for Urban Affairs 1969 1970 Transferred to the Domestic Council Office of Intergovernmental Relations 1969 1972 Transferred to the Domestic Council Council for Rural Affairs 1969 1970 Transferred to the Domestic Council CRS-27 Unit Added Removed Status Council on Environmental Quality 1970 — — Office of Telecommunications Policy 1970 1977 Transferred to the Department of Commerce Office of Management and Budget 1970 — — Domestic Council 1970 1977 Reorganized as the Domestic Policy Staff Council on International Economic Policy 1971 1977 Abolished Office of Consumer Affairs 1971 1973 Transferred to the Department of Health, Education, and Welfare Special Action Office for Drug Abuse Prevention 1971 1975 Abolished Council on Economic Policy 1973 1974 Superseded by the President’s Economic Policy Board National Energy Office 1973 1973 Superseded by the Energy Policy Office Federal Property Council 1973 1977 Abolished Energy Policy Office 1973 1974 Superseded by the Federal Energy Office Federal Energy Office 1973 1974 Transferred to the Federal Energy Administration Council on Wage and Price Stability 1974 1981 Abolished Presidential Clemency Board 1974 1975 Transferred to the Department of Justice President’s Economic Policy Board 1974 1977 Abolished Energy Resources Council 1974 1977 Abolished Office of Drug Abuse Policy 1976 1977 Transferred to the White House Office Federal Energy Office 1976 1976 Transferred to the Federal Energy Administration Office of Science and Technology Policy 1976 — — CRS-28 Unit Added Removed Status Office of Administration 1977 — — Domestic Policy Staff 1977 1992 Incorporated into the Office of Policy Development in 1981 Office of the United States Trade Representative 1979 — — Office of Policy Development 1981 1992 Abolished National Critical Materials Council 1984 1993 Dissolved and functions assumed by Office of Science and Technology Policy National Space Council 1988 1993 Dissolved and functions assumed by Office of Science and Technology Policy Office of National Drug Control Policy 1988 — — Office of Policy Development 1996 — — White House Office of Faith-Based and Community Initiatives 2001 — — Office of Homeland Security 2001 2004 Dormant Homeland Security Council 2001 — — Privacy and Civil Liberties Oversight Board 2004 2007 Became an independent agency in the executive branch Gulf Coast Recovery and Rebuilding Council 2005 — E.O. 13463, scheduled termination for Feb. 28, 2009 Intellectual Property Enforcement Coordinator 2008 — —