IS 534: 

The President and the Executive Branch


logo




1. Resources

2. Constitution

"Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, ..."

3. Presidential Papers

Over the years, there has been some question about who owns presidential papers. Until fairly recently, they remained the property of the president. Even today when presidential papers belong to the people, there is some question about the distinction between public and private papers. There are at least four categories:

Presidential publications are in the PR class with a sequential number given to each president. Clinton was number 42 and Bush is number 43. PR = Office of the President publications. PREX = the Executive Office of the President. PREX 2.8 = OMB budget material. For example, PREX 2.20 = the Catalog of Federal Domestic Assistance.

4. White House Office

Many current Presidential documents and messages, including speeches, press releases, proclamations, and executive orders may be found through www. whitehouse.gov. which is the official website for the President. There is a separate
. Quantity, quality, and objectivity of the information presented will vary with the President. This is a popular site, often visited by school children. The President Bush version does not contain as much informational content and is somewhat more political than that of President Clinton.

A White House virtual tour [requires Quicktime] is interested and also provides historical background.

White House Briefings are held each workday morning and includes a variety of news about the President and his staff. By the Washington Post.

5. Executive Office of the President [PREX]

The Office of Administration provides support services for all Executive Office units. This includes personnel, financial management, and information management as well as supplies and equipment. This  website lists the several units that are part of the Executive Office.

The Federal Staff Directory [hard copy and fee-based on web] is well indexed and contains much good information on more than 45,000 leaders and their staff, including good coverage of the executive branch.  The Plum Book includes comprehensive information on Federal civil service leadership positions in the executive branch, the legislative one too, subject to noncompetitive appointment.

The President appoints executives to manage the several executive branch agencies. The Progressive Government Institute does a good job of providing biographical information on these appointees, including recent ones and those pending confirmation. An important site.

6. Office of Management and Budget

The Office of Management and Budget is responsible, besides budget and management, for information policy in the Executive branch. OMBWatch is a nonpartisan, often critical, authoritative news source for OMB activities, including many that escape the attention of the media. Essential for the serious student of government information policy.

6.1 Major Publications

It is also responsible for the Catalog of Federal Domestic Assistance (PREX 2.20)(HC 106.5 .A5 73) which includes 1000+ programs and is available on on the OMB website. This is a popular and heavily used work.

The United States Government Manual is the official handbook of the federal government. It describes agency activity and cites legislative authority. The Manual also lists major officials, provides organization charts, history, and sources of information for federal agencies. Bookmark it or have a copy on your desk

A reasonably complete list of addresses and phone numbers is found in the commercial publication the Federal Yellow Book.  Detailed background information on major federal executives will be found in their nomination hearings. The U.S. Government Policy & Supporting Positions (Plum Book) provides information on 9,000 Federal Civil Service leadership and support positions subject to noncompetitive appointment. It is arranged by branch and office. Charts provide information about the occupant, including salary and grade.

6.2 Budget

The CRS has prepared an excellent introduction to the federal government budget process. The CQweb service Budget Tracker is an excellent current awareness tool.   The CQ Weekly  and the National Journal are good for current coverage of budget issues. AskSam provides a searchable version of the 2006 budget.

OMB Watch provides an excellent selection of appropriate terms and definitions. Here are some other budget definitions:

Appropriation
Legislation allowing money to be spent
Authorization
Legislation creating new programs but authorization does not allow money to be spent so appropriation legislation is needed
Budget authority
Allowed to spend money (provided when money is appropriated)
Fiscal year
The annual accounting period {fiscal year or FY} beginning on 1 October and ending on September 30
Government sponsored enterprise
A public corporation, such as TVA, created by Congress to perform specific tasks. Finances are NOT included in the Federal budget
Impoundment
Presidential decision to withhold appropriated money (Congress may initiate legislation to the contrary)
Off-budget expenditure
Money spent by a government sponsored agency not counted in the budget (some would like to make the Social Security program off-budget)
Outlay
actually spending money in contrast to budget authority which allows money to be spent

The Budget of the United States Government (PREX 2.8/1:year) (Doc HJ 2051 .A595) contains proposed spending for a given FY from 1 October through 30 September. This may be most important executive branch publication. The Constitution requires a budget document for receipts and expenditures. The Budget includes

The federal budget may be searched by agency to reveal expenditures and budget priorities.

The budget is an executive wish list--desired spending policies and priorities--and includes the concepts and assumptions upon which the budget is based. The document includes

This is a highly partisan document and is the beginning of a difficult and complex process to secure funding for the President's initiatives.

Standing committees and appropriations committees deal with the budget. Both the House and Senate Budget Committees play an important role. The LexisNexis CIS Index or LexisNexisCongressional  is best for tracking budget matters in Congress and the ASI is helpful for retrospective searches. The CQ Guide to Congress is dated but  provides good background information on the taxation and spending process. The CQ Weekly and the National Journal provide good information on current budgetary issues.

Information on the actual income and expenses of the Federal government may be found in the Department of the Treasury, Financial Management Service, United States Government Annual Report, Appendix A. (T 1.1/3:Year/app). More information about the Financial Management Service is found on their website. The FMS is the financial manager, central disburser, collections agent and the accountant and reporter of U.S. government financial information.

Detailed information on the Federal budget process may be found in the Government Accounting Office's Terms used in the budgetary process (GA 1.2:B85/2/yr) and in the Congressional Budget Process (Y4.B85/3:C76/6/yr). The U.S. Code, title 2 contains current budget procedures. Information on the Public Debt is found on this website.

7.  Executive Office Agencies

7.1 Council of Economic Advisers.

There are three advisers who analyze and interpret economic developments, appraise programs and activities of the government, and create and recommend national economic policy to promote employment, production, and purchasing power under free competitive enterprise. Specific tasks include:

The best known publication is Economic Indicators (Y4.Ec7).

In 1993, the National Economic Council was created to coordinate economic advice to the President and to monitor implementation of the President's economic policy. The NEC works with the Council of Economic Advisers.

7.2 Council on Environmental Quality

CEQ was established in 1969 by Congress to insure that Federal agency decisions affecting the environment reflected appropriate economic, environmental, and social considerations. Specifically, the Council advises the President on:

7.3 National Security Council

Established in 1947 and moved to the Executive Office of the President in 1949. The purpose of the is to advise and assist the President on national security and foreign polices. Major members include the Vice President, Secretaries of State and Defense, the Director of Central Intelligence, the Chairman of the Joint Chiefs of Staff. The NSC staff are the initial contact for departments and agencies who wish to bring a national security issue to the President. Briefing papers and working papers are prepared by staff. Staff groups are organized geographically--Asian Affairs-- and by issue--nonproliferation and export controls.

There is also a National Intelligence Council reporting to the director of the CIA. Designed to work with academic, non-profit, and private sectors interested in intelligence issues.

7.4 Office of National Drug Control Policy

The purpose of the Office is to establish policies, priorities, and objectives for the Nation's drug control program, the goals of which are to reduce illicit drug use, manufacturing, and trafficking; drug-related crime and violence; and drug-related health consequences. The Director of ONDCP creates the National Drug Control Strategy and evaluates, coordinates, and oversees both the international and domestic anti-drug efforts of executive branch agencies to sustain and complement state and local anti-drug initiatives. Visit the ONDCP WWW site.

7.5 Office of Science & Technology Policy, including the National Science and Technology Council (NSTC)

OSTP was created in 1976 to insure that the president had thoughtful, timely advice on the coordination of the government's science and technology investment.

The National Science and Technology Council was created by President Clinton in 1993 to coordinate science, space, and technology efforts, especially coordinated research and development, in the U.S. government by establishing clear national goals and appropriate supporting strategies. The President chaired the Council. Members include the Vice President, White House officials, and appropriate Cabinet Secretaries. It is no longer active.

7.6 Office of the First Lady of the United States

News about the First Lady's activities and life in the White House, including text of recent remarks. Biographies of former First Ladies. Issues important to the First Lady receive attention.

7.7 Office of the United States Trade Representative

The USTR website provides a good introduction to mission, history, and current activity. The USTR is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and leading or directing negotiations with other countries on these matters. The Representative is a cabinet level position. Major emphasis is on trade policy leadership and negotiating experience with both multilateral agencies--WTO--and individual countries--Japan. Included in the Office is the Trade Policy Review Group and the Trade Policy Staff Committee. The latter has more than 60 committees at work on various issues. The Office is organized into four major units:

There are offices in Geneva and Washington, D.C.

7.8 Office of the Vice President of the United States

Biographical information as well as content from recent public presentations.

Order of succession is a topic that surfaces now and then. The Speaker of the House, then the President Pro Tempore of the Senate, and the Secretary of State follow the vice president. A complete list is found here.

7.9 President's Foreign Intelligence Advisory Board

The board provides objective, nonpartisan advice to the President about the quality and adequacy and legality of intelligence collection, of analysis and estimates, of counter intelligence and of other intelligence activities. The Board has 11 members from distinguished citizens outside the government. Established in 1956.

8. Presidential Advisory Committees and Commissions

Sometimes called the fifth branch of government with the independent regulatory agencies being the fourth branch. A large number have been appointed and continue to be appointed. Sometime they have been created to deal with difficult, controversial topics such as social security reform. Often they have been hand maidens of special interest groups.

Presidential Information

1. Information Types

1.1 Executive orders

Executive orders direct and govern executive branch agencies and managers. Sometimes executive orders are called presidential legislation since they have the force of law. Recent ones may be found at White House website and older ones are in Title 3, CFR (with the proclamations).

Presidential Executive Orders, numbers 1 - 8030 (1862 - 1938) [GS 4.108/2:862-938/Y.1,Y.2] were compiled by the WPA Historical Records Survey. Volume 1 is a chronological list of the executive orders with an abstract. Volume 2 is an index arranged by topic with personal names and subjects indexed. The National Archives and Records Administration has Executive Order Disposition tables (but no EO text) here .

1.2 Proclamations

Proclamations are used for action with no legal effect. Proclamations which address the general public may be ceremonial or non-ceremonial. They are included in the U.S. Statutes at Large  the  Federal Register (daily), U.S. Code Congressional and Administrative News (West)
and USCS Advance pamphlets, and the Weekly Compilation of Presidential Documents.  

1.3 Nominations

These are usually a formality; few receive attention or opposition unless Congress is in a highly partisan mood, especially in an election year. Nominations are normally found on the White House website. The Executive Clerk of the Senate receives nominations. Then, they are:

1.4 Reorganization plans

Reorganization plans are submitted to both chambers of Congress. They are usually accompanied by executive orders. These plans merge, abolish or transfer functions of agencies below department rank.

1.5 Others

Other types of presidential documents might include:

2. Access to Presidential Information

2.1 Weekly Compilation of Presidential Documents (WCPD)

This is an offshoot of the FR and is sometimes called a special edition of it. The Weekly Compilation began in 1965. It contains proclamations, executive orders, news conferences, addresses and remarks, bill signings, bill vetoes, communications to Congress, communications to Federal agencies, nominations, reorganization plans, resignations, retirements, statements, swearing-in ceremonies, and some supplementary material. This is the most accessible compilation. The WCPD is issued each Monday. It cumulates quarterly, six months, and annually. The cumulations include subject, name, and document category indexes. This is a good source for biographical information on nominations.

The content found here later becomes the Public Papers of the President series.

2.2 The Federal Register

This source includes proclamations and executive orders. The Code of Federal Regulations (title 3) contains the full text of proclamations and executive orders signed by the President during the calendar year with some tables and finding aids. This began in 1944 for the 1943 year.



Past Presidents

1. Introduction

The Presidents of the United States is part of the White House website and provides brief facts and trivia on each President and each First Lady.

2. Source Access

2.1 Public Papers of the Presidents [AE 2.114 for 1985- and GS 4.113: for earlier years] (Stx J 80 .A283)/

This series begins in 1957 but contains retrospective volumes for Eisenhower, Truman and Hoover. Before 1977 the Public Papers were an edited version of WCPD. Since 1977 through the end of the Reagan administration, the Public Papers contained virtually all of WCPD. Proclamations and executive orders were not included from that date to present since these may be found in the Federal Register or title 3 of the CFR. Many executive orders are found in notes in the U.S. Code. NARA has codification of Presidential proclamations and executive orders from 1945 - 1989 on their website.

The University of Michigan has a digital collection of the Public Papers of the Presidents of the United States from 1929 - 2000.2.2 The American Presidency Project at UC Santa Barbara provides the text of the Public Papers of the Presidents from 1929 to 1992/93 plus complementary material.

 2.3 A Compilation of the Messages and Papers of the Presidents by James D. Richardson [Y4.P 93/1:3/v.] is a 20 volume collection that includes the administrations of Washington through Wilson. The last two volumes contain substantial indices.
2.4 Presidential Vetoes, 1789 - 1976 [Y 1.3:Y 64/2/789-976] provides a comprehensive list of vetoes from the first through the 94th Congresses. A CRS Report provides a summary table of the number of vetoes by President but does not include the particulars.

2.5 Codification of Presidential Proclamations and Executive Orders [AE 2.113:945-89] began in 1979. 2.6 LexisNexis CIS Index to Presidential Executive Orders & Proclamations includes both the numbered and the unnumbered orders and proclamations from 1789 to 1983. The 22 volume index covers more than 75,000 Presidential documents. The Index is in two parts with part one covering Washington through Wilson and part two covering Harding through 1983. Access points include subjects, organizations, and personal names as well as site and document number. There is also a chronological list and an index of interrelated orders and proclamations. There is a companion fiche collection. Useful, but expensive.

2.7 The Presidential Recordings Program at the University of Virginia transcribes, edits, annotates, and publishes the secret White House records of Presidents Roosevelt, Truman, Eisenhower, Kennedy, Johnson, and Nixon.

2. Non-governmental Sources

The Smithsonian presents The American Presidency: A Glorious Burden. Includes images from the Smithsonian's collections and classroom aids. Annotated links to other sites.

American President is especially through and well organized. Perhaps the best of the  non-governmental sites.

AskSam provides a searchable collection of presidential "State of the Union" addresses.

Infoplease has a useful Presidential Factfile with solid information on:

The Reacheverychild site has a goodly amount of Presidential trivia.

CQ Press's Presidential Elections 1789 - 2004 answers many questions.

3. Presidential libraries

Franklin Roosevelt is sometimes seen as the "father" of the presidential library since he was particularly concerned about the preservation of his Presidential papers. Before him, the Rutherford B. Hayes Memorial Museum and Library was the only agency with a complete collection of a president's archival materials. Traditionally, presidential papers belonged to the president and were rarely properly captured and preserved. The Library of Congress did have partial collections of twenty-three presidents in its Manuscript Division. Roosevelt build a library/museum on his family estate at Hyde Park, N.Y.

When Truman and Eisenhower established presidential libraries, Congress passed the Presidential Libraries Act of 1955 which allowed NARA to accept and care for presidential materials and facilities associated with a presidential library. In 1978, the Presidential Records Act made presidential papers, from Reagan on, the property of the U.S. The Presidential Libraries Act of 1986 set limits on facilities and requires that they be privately endowed {20% of the cost of the land and building}. Each presidential library consists of an archive, a research library, and a museum. Congress has increasingly been concerned with the costs associated with presidential libraries so these may be more limited in the future.

For the public, the museum aspect is the most visible and important part of the presidential library. Attractive, interesting exhibits tell the story of the person who became president and their term in office.

For scholars and others interested in historical aspects, the libraries provide access to collections via WWW sites and reading rooms. Not all material is presently available. Some may still be in processing and other items may be classified for a time.

NARA has a link to Presidential Libraries. The Rutherford B. Hayes Presidential Center and the Richard Nixon Library are not administered by NARA. There is also the Presidential Libraries System at UNC Chapel Hill.

Some Presidents are represented by libraries outside the NARA administered libraries. The Abraham Lincoln Presidential Library and Museum is a good example. The Herbert Hoover Presidential Library and Museum is another.

Two major questions arise:

The Executive Branch

1. Introduction

Executive departments must be created by statute. However, "agencies within a department may be created by statute, Presidential directive, or departmental reorganization. "All agencies, however, must ultimately be given a statutory authority if they are to receive appropriations or their decisions are to have legal force.

Oversight of these agencies is shared by all three branches. Congressional oversight is through committees and subcommittees charged with various aspects of governmental activity. The budget process is also a regular opportunity for evaluation. The federal courts exercise oversight as they evaluate the legality of actions taken by departments and agencies. The President is ultimately responsible for oversight, although that is typically done by the Office of Management and Budget.

The President's Cabinet provides the advice. The Constitution does not mention the Cabinet. Typically, it meets weekly with the President. The Cabinet includes the Vice-President and the heads of the major executive departments. Cabinet-level rank has also been given to the heads of the Environmental Protection Agency, Office of Management and Budget, National Drug Control Policy, and the U.S. Trade Representative. The major executive branch departments are:

  1. State [1789]
  2. Treasury [1789]
  3. Defense [1947]
  4. Justice [1870]
  5. Interior [1849]
  6. Agriculture [1862]
  7. Commerce [1903]
  8. Labor [1913]
  9. Health and Human Services [1953]
  10. Housing and Urban Development [1965]
  11. Transportation [1966]
  12. Energy [1977]
  13. Education [1979]
  14. Veterans Affairs [1988]
  15. Homeland Security [2003].

2. Resources

The Library of Congress provides the Official U.S. Executive Branch Web site list. First.Gov provides another good list. The University of Michigan has a good Executive Agency Research section.


3. A Typical Department

We will use the Interior Department as our example. Below is an organization chart for the Department.

organization chart

While each department has its own organizational pattern, this is fairly typical with management functions clustered around the Secretary and Deputy Secretary while assistant secretaries are responsible for the major units within the department.  Typically, we begin with a quick browse of the departmental web site and then look for a statistics unit. Here, the Department of Interior Library is a good place to begin with links to department-wide data and links to data collections in the agencies.. Although not intuitive, the Library is under the Assistant Secretary for Policy, Management and Budget.

Here is an organization chart for the National Wildlife Health Center within the U.S. Geological Survey.

organization chart

In this case, there is an information services unit under the Support Services Branch. Most agencies or departments will have an information service or a statistical data service within the unit. These are the units that will be most useful in responding to questions.

4. A Typical Website

Peggy Garvin has prepared a list of the content likely to be found on a typical executive branch website.




Last major revision: February 2006.

Return to the 534 Page

train picture