THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

1. THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

2. WHO – Chief of Staff • I. CHIEF OF STAFF: Managerial, Advisory, and Surrogate/Alter Ego Roles • A.) Manageria1 Role • 1.) Selecting personnel (but not always for latecomers) • 2.) Deciding on Structure of WHO (tight or loose) • 3.) Supervising Flow of Paper/People/Options/Decisions in and out of the WH • --must engage in “dual adaptation” • --be sensitive to presidential preferences on information acquisition • --compensate for weaknesses, guard against excessive tendencies • TWO DANGERS OF INFORMATION NOT GETTING TO THE PRESIDENT

3. WHO—Chief of Staff • B.) Advisory Role • 1.) CoS is one of the few advisors who must integrate “policy” and “political” consequences • 2.) Protect president from mistakes and rushed decisions (Haldeman – Nixon) • 3.) Prevent president from making inflexible commitments---provide opportunities to back out (Panetta – Clinton)

4. WHO—Chief of Staff • C.) “Alter Ego”/Surrogate Role 1.) President’s SOB or “bad cop” 2.) Useful surrogate in behind-the-scenes negotiations 3.) How much of a public figure in his/her own right? Sununu

5. WHO – Office of Communications • Emerged after, and in response to needs unaddressed by, White House Press Office • 1.) More strategic and proactive than WHPO • 2.) Outreach to local and specialized press instead of Washington press corps 3.) Coordinate with other executive branch agencies to emphasize “theme of the day” ---Starting with Deaver, an emphasis on VISUALS

6. WHO -- White House Office of Communications • The Presidential Communications Year • January: budget and State of the Union speech • Spring: promoting budget and legislation • May-June: commencement addresses • Summer: G-8 Summit • September: Opening of UN Session • October: Fiscal year deadlines

7. WHO-Office of Communications • Speechwriting • Judson Welliver • FDR thru JFK: high-level policy advisers with high/early presidential involvement • LBJ: developed two-tier hierarchy of speeches and writers • Nixon: first to establish special speechwriting office; PR rather than policy emphasis • Ford, Carter, Reagan, Bush 41: conflict between policy and SW staff, little access to president, late presidential involvement • Clinton and Bush 43: the return of high presidential involvement and access and high (policy) status

8. WHO – White House Counsel • Not the president’s personal lawyer, nor the nation’s lawyer, but the Presidency’s lawyer • FUNCTIONS • 1.) Provide legal advice before the fact, and legal defense after the fact: • ---executive privilege claims • ---war powers • ---presidential disability and succession---executive orders • 2.) Assisting appoint of Federal Judges • 3.) Ethics training for WH employees • 4.) Legislative matters --- signing statements • 5.) Acting as intermediary between White House and DoJ

9. WHO – Office of Legislative Affairs(sometimes known as Office of Congressional Relations or Office of Legislative Liaison) • History • Functions1.) Direct lobbying and intelligence gathering2.) Assuring WH speaks w/single voice3.) Participating in formulation of legislation4.) Patronage requests (e.g. senatorial courtesy)5.) Orchestrating indirect lobbying/grassroots efforts6.) Doling out presidential “goodies”7.) Scorekeeping

10. WHO – White House Press Office(Office of the Press Secretary) • Main clientele: full-time White House Correspondents • Change in function of press over time • ---less intermediary function • ---change to 24-hr. news cycle • FUNCTIONS • --daily press briefings and gaggles--press releases and background info--prepare Pres for press conferences • --crisis management • --handle logistics for White House Correspondents

11. WHO – White House Press Office • HOW “in-the-loop” should Press Secretary be? • How much role in the policymaking process should he or she play? QUESTION: Is it better for the Press Secretary to be well-informed, and occasionally have to lie, or to be less well-informed and honest? Examples: Mike McCurry, Larry Speakes

12. WHO – Other Offices • WHITE HOUSE STAFF SECRETARY • Manager of the president’s in-box and out-box (works with Chief of Staff) • Supervisor of the vetting process: “idea killer” • Manager of the mail • OFFICE OF INTERGOVERNMENTAL AFFAIRS • --Why created: Executive Order 12612 • ---Nature of issues dealt with • ---Work with IGOs

13. WHO – Other Offices • OFFICE OF POLITICAL AFFAIRS • Under Karl Rove, replaced by “Office of Strategic Initiatives” • OFFICE OF PUBLIC LIAISON • --Created by Ford administration • --Outreach to new and hostile groups, care and feeding of supportive groups • --Orchestrate lobbying efforts on behalf of prez • --Stepping stone to bigger and better things

14. WHO – Other Offices • Office of Presidential Personnel (will discuss later) • First Lady’s Office • Vice-President’s Office • Advance and Scheduling • Coming up next: THE EXECUTIVE OFFICE OF THE PRESIDENT!

15. Exec. Office of the President (EOP): Office of Management & Budget (OMB) • 1.) Original function: (1921) Budgetary clearance2.) Additional function (1930s): Legislative clearance • --executive branch proposals: in accord, no objection, not in accord--pending legislation in Congress: SAPs • 3.) Additional function (1930s): Enrolled Bill Procedure • 3.) Additional function (1980s): Regulatory clearance • Office of Information and Regulatory Affairs (OIRA) • Executive Order 12291: mandated CBA • Executive Order 12498: mandated annual regulatory programs • Apex of influence: David Stockman 1981-82, Richard Darman 1989-1992

16. Exec. Office of President (EOP)National Security Council (NSC) • Three different possible roles of National Security Adviser/National Security Council • 1.) integrator/coordinator/”honest broker” • 2.) one among equals: multiple advocacy • 3.) foreign/defense policy chief (Kissinger) • Which role did Dr. Rice play? What about Hadley?

17. Exec. Office of the President (EOP)Domestic Council (a.k.a. OPD) • What preceded it: Cabinets, kitchen cabinets, “brain trusts,” task forces/commissions • Why Nixon created it • Ford, Carter (apex of influence) • Reagan: Cabinet Councils • Bush 41, Clinton

18. EOP cont’d: Council of Economic Advisers (CEA) • Symbolized “arrival” of Keynesian Economics and economics as a science • Objective analysis or advocacy? • JFK: Walter Heller (apex of influence), tax cut • The “Troika” and the “Quadriad” • Stagflation, decline of the Keynesians, and the rise of the supply siders (the Laffer curve) and monetarists

19. EOP Cont’d: Office of the Special Trade Representative (STR) • Why formed: “Kennedy round” of GATT, formation of Common Market (later EU), BoP problem • JFK got Cabinet-level status and staff and broad negotiating authority • Bush 41 and “FAST TRACK”: enabled NAFTA, “Uruguay Round” of GATT • Fast track is back! CAFTA

20. EOP Cont’d: Office of Science and Technology Policy (OSTP) • Why created: Sputnik and Ike, atomic power • Similar dilemma to CEA: academic or political? • Expanding jurisdiction: from nukes and space to environment, health care, cloning and stem cells • Nixon abolished, Ford brought back • Often eclipsed by higher status science-oriented advisers (Sununu, Gore)

21. EOP Cont’d: National Economic and Homeland Security Councils • NEC created by Clinton, kept by Bush • Don’t have anything else to say: go to White House website for info! • Hierarchy of WHO/EOP TITLES • --Assistant to the President (highest) • --Deputy Assistant to the President--Special Assistant to the President

22. THE FEDERAL BUREAUCRACY – what’s in it • 1.) Cabinet agencies: • ex. Depts of Transportation, Labor, Justice, State, etc. • ---older, more prestigious • ---single-headed (Secretary) • ---implementation-oriented, some regulatory authority • ---president has full removal power • 2.) Independent (non-Cabinet) agencies) • ex. NASA, EPA, CIA, SBA, Peace Corps • ---newer, more specialized • ---single-headed (Director)---implementation-oriented, more regulatory authority • ---president has full removal power

23. THE FEDERAL BUREAUCRACY----what’s in it • 3.) Independent regulatory commissions (IRCs) • Ex. FCC, FEC, FTC, NRC, SEC, Federal Reserve • ---multiple-headed (board or commission)---broad regulatory (policy-making) and adjudication authority as well as executive authority---”mini-govts.” • ---commission/board members have long, staggered terms and can’t be removed by president for political reasons • 4.) Government corporations • Ex. Amtrak, US Postal Service, TVA, FDIC • ----Self-financed, with govt. subsidy • ----Even more politically independent than IRCs • ----Offer goods and services similar to, even in competition with, private corporations

24. THE PRESIDENT AND THE FEDERAL BUREAUCRACY • REASONS WHY PRESIDENTIAL CONTROL OF THE EXEC BRANCH IS NOT ASSURED • 1.) Merit (civil service) system of hiring2.) Agencies’ advantage in technical expertise • ---example of “principal-agent” problem3.) Bureaucracy was created incrementally, with no rational plan in mind---plenty of anomalies • 4.) Agencies’ SOPs make change and adjustment difficult5.) Bureaucrats develop strong sense of agency “mission” and agency “culture”

25. PRES. & BUREAUCRACY • 6.) Constitutional ambiguity about whether President or Congress is the “real” master of bureaucracy7.) Strong interest group influence on agencies • (“Capture Theory” and “the revolving door”) • The regulated becomes the regulator! (ex. CAB) • “Iron triangles”

26. Presidential Influence on the Bureaucracy • TECHNIQUES FOR INFLUENCING BUREAUCRACY • 1.) Making maximum use of limited appointment power----pro’s and con’s of strict ideological screening • ---Civil Service Act of 1978: abolished bipartisan CSC, set up OPM and MSPB, created SES • 2.) Properly socializing and training appointees • 3.) Removal power • ---Legal issues Myers vs. US (1926), Humphreys Executor vs. US (1935) • ---Political difficulty of firing cabinet members

27. Presidential Influence on the Bureaucracy • 3.) Removal Power Continued: How to get rid of uncooperative career civil servants?The Malek Manual • 4.) Budgeting power • ---how OMB review process works • ---”current services” budget • ---budgeting techniques: incrementalism, PPBS, ZBB • ---effects of, and responses to, budget cuts: 1981-82 EPA, “the Bureaucracy Strikes Back”

28. Presidential Influence on the Bureaucracy • 5.) Reorganization Authority • 6.) Executive Orders • ---examples of famous ones • ---legal justifications (Youngstown Sheet and Tube v. Sawyer) • ---types of EOs • a.) temporary measures until legislature acts • b.) alternatives to failed legislation • c.) attempts to pre-empt/forestall legislation • d.) Federal govt. as role modele.) changing the regulatory process, in hopes of changing regulatory outcomes

29. Presidential Influence on the Bureaucracy • 7.) Privatization/Contracting Out