US (United States) Code. Title 31. Subtitle I: General. Chapter 5: Office of Management and Budget

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance

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31 USC CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

-HEAD-

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

-MISC1-

SUBCHAPTER I - ORGANIZATION

Sec.

501. Office of Management and Budget.

502. Officers.

503. Functions of Deputy Director for Management.

504. Office of Federal Financial Management.

505. Office of Information and Regulatory Affairs.

506. Office of Federal Procurement Policy.

507. Office of Electronic Government.

SUBCHAPTER II - ADMINISTRATIVE

521. Employees.

522. Necessary expenditures.

AMENDMENTS

2002 - Pub. L. 107-347, title I, Sec. 102(c)(2), Dec. 17, 2002,

116 Stat. 2910, added item 507.

1990 - Pub. L. 101-576, title II, Sec. 203(c), Nov. 15, 1990, 104

Stat. 2841, added items 503 and 504 and redesignated former items

503 and 504 as 505 and 506, respectively.

1983 - Pub. L. 97-452, Sec. 1(1)(B), Jan. 12, 1983, 96 Stat.

2467, added item 504.

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31 USC SUBCHAPTER I - ORGANIZATION 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER I - ORGANIZATION

-HEAD-

SUBCHAPTER I - ORGANIZATION

-End-

-CITE-

31 USC Sec. 501 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 501. Office of Management and Budget

-STATUTE-

The Office of Management and Budget is an office in the Executive

Office of the President.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code Source (Statutes at Large)

Section

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501 31:16(1st sentence). June 10, 1921, ch. 18, Sec.

207(1st sentence), 42 Stat.

22; Reorg. Plan No. 1 of 1939,

eff. July 1, 1939, Sec. 1, 53

Stat. 1423; Reorg. Plan No. 2

of 1970, eff. July 1, 1970,

Sec. 102(a), 84 Stat. 2085;

restated Mar. 2, 1974, Pub. L.

93-250, Sec. 1, 88 Stat. 11.

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SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-576, title I, Sec. 101, Nov. 15, 1990, 104 Stat.

2838, provided that: "This Act [enacting sections 503, 504, 901 to

903, and 3515 of this title, amending sections 502, 1105, 3512,

3521, 9105, and 9106 of this title, sections 5313 to 5315 of Title

5, Government Organization and Employees, and section 3533 of Title

42, The Public Health and Welfare, renumbering sections 503 and 504

of this title as 505 and 506 of this title, respectively, enacting

provisions set out as notes under this section and sections 901,

3511, 3515, and 3521 of this title, and amending provisions set out

as a note under section 301 of Title 38, Veterans' Benefits] may be

cited as the 'Chief Financial Officers Act of 1990'."

-TRANS-

TRANSFER OF FUNCTIONS

Pub. L. 104-53, title II, Sec. 211, Nov. 19, 1995, 109 Stat. 535,

as amended by Pub. L. 104-316, title II, Sec. 203, Oct. 19, 1996,

110 Stat. 3845, provided that: "Personnel transferred pursuant to

this section, as in effect immediately before the effective date of

section 303 [203] of the General Accounting Office Act of 1996

[Pub. L. 104-316, Oct. 19, 1996], shall not be separated or reduced

in classification or compensation for one year after any such

transfer, except for cause."

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to

Director of the Office of Management and Budget, see Parts 1, 2,

and 28 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out

as a note under section 5195 of Title 42, The Public Health and

Welfare.

-MISC2-

STUDY OF POLICIES AND PROCEDURES FOR TRANSFER OF COMMERCIAL

ACTIVITIES

Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 832], Oct.

30, 2000, 114 Stat. 1654, 1654A-221, provided that:

"(a) GAO-Convened Panel. - The Comptroller General shall convene

a panel of experts to study the policies and procedures governing

the transfer of commercial activities for the Federal Government

from Government personnel to a Federal contractor, including -

"(1) procedures for determining whether functions should

continue to be performed by Government personnel;

"(2) procedures for comparing the costs of performance of

functions by Government personnel and the costs of performance of

such functions by Federal contractors;

"(3) implementation by the Department of Defense of the Federal

Activities Inventory Reform Act of 1998 (Public Law 105-270; 31

U.S.C. 501 note); and

"(4) procedures of the Department of Defense for public-private

competitions pursuant to the Office of Management and Budget

Circular A-76.

"(b) Composition of Panel. - (1) The Comptroller General shall

appoint highly qualified and knowledgeable persons to serve on the

panel and shall ensure that the following entities receive fair

representation on the panel:

"(A) The Department of Defense.

"(B) Persons in private industry.

"(C) Federal labor organizations.

"(D) The Office of Management and Budget.

"(2) For the purposes of the requirement for fair representation

under paragraph (1), persons serving on the panel under

subparagraph (C) of that paragraph shall not be counted as persons

serving on the panel under subparagraph (A), (B), or (D) of that

paragraph.

"(c) Chairman. - The Comptroller General, or an individual within

the General Accounting Office designated by the Comptroller

General, shall be the chairman of the panel.

"(d) Participation by Other Interested Parties. - The chairman

shall ensure that all interested parties, including individuals who

are not represented on the panel who are officers or employees of

the United States, persons in private industry, or representatives

of Federal labor organizations, have the opportunity to submit

information and views on the matters being studied by the panel.

"(e) Information From Agencies. - The panel may request directly

from any department or agency of the United States any information

that the panel considers necessary to carry out a meaningful study

of the policies and procedures described in subsection (a),

including the Office of Management and Budget Circular A-76

process. To the extent consistent with applicable laws and

regulations, the head of such department or agency shall furnish

the requested information to the panel.

"(f) Report. - Not later than May 1, 2002, the Comptroller

General shall submit the report of the panel on the results of the

study to Congress, including recommended changes with respect to

implementation of policies and enactment of legislation.

"(g) Definition. - In this section, the term 'Federal labor

organization' has the meaning given the term 'labor organization'

in section 7103(a)(4) of title 5, United States Code."

USE OF PRIVATE ENTERPRISES

Pub. L. 106-53, title II, Sec. 227, Aug. 17, 1999, 113 Stat. 298,

provided that:

"(a) In General. - The Secretary [of the Army] shall comply with

the requirements of the Federal Activities Inventory Reform Act of

1998 (31 U.S.C. 501 note; Public Law 105-270).

"(b) Compliance With Other Law. -

"(1) Inventory and review. - In carrying out this section, the

Secretary shall inventory and review all activities that are not

inherently governmental in nature in accordance with the Federal

Activities Inventory Reform Act of 1998.

"(2) Architectural and engineering services. - Any review and

conversion by the Secretary to performance by private enterprise

of an architectural or engineering service (including a surveying

or mapping service) shall be carried out in accordance with title

IX of the Federal Property and Administrative Services Act of

1949 (40 U.S.C. 541 et seq.) [now sections 1101-1104 of title

40]."

FEDERAL ACTIVITIES INVENTORY REFORM

Pub. L. 105-270, Oct. 19, 1998, 112 Stat. 2382, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Federal Activities Inventory

Reform Act of 1998'.

"SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY

GOVERNMENTAL IN NATURE.

"(a) Lists Required. - Not later than the end of the third

quarter of each fiscal year, the head of each executive agency

shall submit to the Director of the Office of Management and Budget

a list of activities performed by Federal Government sources for

the executive agency that, in the judgment of the head of the

executive agency, are not inherently governmental functions. The

entry for an activity on the list shall include the following:

"(1) The fiscal year for which the activity first appeared on a

list prepared under this section.

"(2) The number of full-time employees (or its equivalent) that

are necessary for the performance of the activity by a Federal

Government source.

"(3) The name of a Federal Government employee responsible for

the activity from whom additional information about the activity

may be obtained.

"(b) OMB Review and Consultation. - The Director of the Office of

Management and Budget shall review the executive agency's list for

a fiscal year and consult with the head of the executive agency

regarding the content of the final list for that fiscal year.

"(c) Public Availability of Lists. -

"(1) Publication. - Upon the completion of the review and

consultation regarding a list of an executive agency -

"(A) the head of the executive agency shall promptly transmit

a copy of the list to Congress and make the list available to

the public; and

"(B) the Director of the Office of Management and Budget

shall promptly publish in the Federal Register a notice that

the list is available to the public.

"(2) Changes. - If the list changes after the publication of

the notice as a result of the resolution of a challenge under

section 3, the head of the executive agency shall promptly -

"(A) make each such change available to the public and

transmit a copy of the change to Congress; and

"(B) publish in the Federal Register a notice that the change

is available to the public.

"(d) Competition Required. - Within a reasonable time after the

date on which a notice of the public availability of a list is

published under subsection (c), the head of the executive agency

concerned shall review the activities on the list. Each time that

the head of the executive agency considers contracting with a

private sector source for the performance of such an activity, the

head of the executive agency shall use a competitive process to

select the source (except as may otherwise be provided in a law

other than this Act, an Executive order, regulations, or any

executive branch circular setting forth requirements or guidance

that is issued by competent executive authority). The Director of

the Office of Management and Budget shall issue guidance for the

administration of this subsection.

"(e) Realistic and Fair Cost Comparisons. - For the purpose of

determining whether to contract with a source in the private sector

for the performance of an executive agency activity on the list on

the basis of a comparison of the costs of procuring services from

such a source with the costs of performing that activity by the

executive agency, the head of the executive agency shall ensure

that all costs (including the costs of quality assurance, technical

monitoring of the performance of such function, liability

insurance, employee retirement and disability benefits, and all

other overhead costs) are considered and that the costs considered

are realistic and fair.

"SEC. 3. CHALLENGES TO THE LIST.

"(a) Challenge Authorized. - An interested party may submit to an

executive agency a challenge of an omission of a particular

activity from, or an inclusion of a particular activity on, a list

for which a notice of public availability has been published under

section 2.

"(b) Interested Party Defined. - For the purposes of this

section, the term 'interested party', with respect to an activity

referred to in subsection (a), means the following:

"(1) A private sector source that -

"(A) is an actual or prospective offeror for any contract, or

other form of agreement, to perform the activity; and

"(B) has a direct economic interest in performing the

activity that would be adversely affected by a determination

not to procure the performance of the activity from a private

sector source.

"(2) A representative of any business or professional

association that includes within its membership private sector

sources referred to in paragraph (1).

"(3) An officer or employee of an organization within an

executive agency that is an actual or prospective offeror to

perform the activity.

"(4) The head of any labor organization referred to in section

7103(a)(4) of title 5, United States Code, that includes within

its membership officers or employees of an organization referred

to in paragraph (3).

"(c) Time for Submission. - A challenge to a list shall be

submitted to the executive agency concerned within 30 days after

the publication of the notice of the public availability of the

list under section 2.

"(d) Initial Decision. - Within 28 days after an executive agency

receives a challenge, an official designated by the head of the

executive agency shall -

"(1) decide the challenge; and

"(2) transmit to the party submitting the challenge a written

notification of the decision together with a discussion of the

rationale for the decision and an explanation of the party's

right to appeal under subsection (e).

"(e) Appeal. -

"(1) Authorization of appeal. - An interested party may appeal

an adverse decision of the official to the head of the executive

agency within 10 days after receiving a notification of the

decision under subsection (d).

"(2) Decision on appeal. - Within 10 days after the head of an

executive agency receives an appeal of a decision under paragraph

(1), the head of the executive agency shall decide the appeal and

transmit to the party submitting the appeal a written

notification of the decision together with a discussion of the

rationale for the decision.

"SEC. 4. APPLICABILITY.

"(a) Executive Agencies Covered. - Except as provided in

subsection (b), this Act applies to the following executive

agencies:

"(1) Executive department. - An executive department named in

section 101 of title 5, United States Code.

"(2) Military department. - A military department named in

section 102 of title 5, United States Code.

"(3) Independent establishment. - An independent establishment,

as defined in section 104 of title 5, United States Code.

"(b) Exceptions. - This Act does not apply to or with respect to

the following:

"(1) General accounting office. - The General Accounting

Office.

"(2) Government corporation. - A Government corporation or a

Government controlled corporation, as those terms are defined in

section 103 of title 5, United States Code.

"(3) Nonappropriated funds instrumentality. - A part of a

department or agency if all of the employees of that part of the

department or agency are employees referred to in section 2105(c)

of title 5, United States Code.

"(4) Certain depot-level maintenance and repair. - Depot-level

maintenance and repair of the Department of Defense (as defined

in section 2460 of title 10, United States Code).

"SEC. 5. DEFINITIONS.

"In this Act:

"(1) Federal government source. - The term 'Federal Government

source', with respect to performance of an activity, means any

organization within an executive agency that uses Federal

Government employees to perform the activity.

"(2) Inherently governmental function. -

"(A) Definition. - The term 'inherently governmental

function' means a function that is so intimately related to the

public interest as to require performance by Federal Government

employees.

"(B) Functions included. - The term includes activities that

require either the exercise of discretion in applying Federal

Government authority or the making of value judgments in making

decisions for the Federal Government, including judgments

relating to monetary transactions and entitlements. An

inherently governmental function involves, among other things,

the interpretation and execution of the laws of the United

States so as -

"(i) to bind the United States to take or not to take some

action by contract, policy, regulation, authorization, order,

or otherwise;

"(ii) to determine, protect, and advance United States

economic, political, territorial, property, or other

interests by military or diplomatic action, civil or criminal

judicial proceedings, contract management, or otherwise;

"(iii) to significantly affect the life, liberty, or

property of private persons;

"(iv) to commission, appoint, direct, or control officers

or employees of the United States; or

"(v) to exert ultimate control over the acquisition, use,

or disposition of the property, real or personal, tangible or

intangible, of the United States, including the collection,

control, or disbursement of appropriated and other Federal

funds.

"(C) Functions excluded. - The term does not normally include

-

"(i) gathering information for or providing advice,

opinions, recommendations, or ideas to Federal Government

officials; or

"(ii) any function that is primarily ministerial and

internal in nature (such as building security, mail

operations, operation of cafeterias, housekeeping, facilities

operations and maintenance, warehouse operations, motor

vehicle fleet management operations, or other routine

electrical or mechanical services).

"SEC. 6. EFFECTIVE DATE.

"This Act shall take effect on October 1, 1998."

PURPOSE OF AMENDMENTS BY PUB. L. 104-316

Pub. L. 104-316, title II, Sec. 201, Oct. 19, 1996, 110 Stat.

3842, provided that: "The purpose of this title [see Tables for

classification] is to amend provisions of law to reflect, update,

and enact transfers and subsequent delegations of functions made

under section 211 of the Legislative Branch Appropriations Act,

1996 (Public Law 104-53, 109 Stat. 535) [see Transfer of Functions

note above], as in effect immediately before this title takes

effect [Oct. 19, 1996]."

DEPARTMENT OF COMMERCE FRANCHISE FUND PILOT

Pub. L. 107-77, title II, Sec. 207, Nov. 28, 2001, 115 Stat. 778,

provided in part: "That an amount not to exceed 4 percent of the

total annual income to such fund [Commerce franchise fund] may be

retained in the fund for fiscal year 2002 and each fiscal year

thereafter, to remain available until expended, to be used for the

acquisition of capital equipment, and for the improvement and

implementation of department financial management, ADP, and other

support systems: Provided further, That such amounts retained in

the fund for fiscal year 2002 and each fiscal year thereafter shall

be available for obligation and expenditure only in accordance with

section 605 of this Act [115 Stat. 798]: Provided further, That no

later than 30 days after the end of each fiscal year, amounts in

excess of this reserve limitation shall be deposited as

miscellaneous receipts in the Treasury: Provided further, That such

franchise fund pilot program shall terminate pursuant to section

403(f) of Public Law 103-356 [set out below]."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-553, Sec. 1(a)(2) [title II, Sec. 208], Dec. 21,

2000, 114 Stat. 2762, 2762A-79.

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title II, Sec. 209],

Nov. 29, 1999, 113 Stat. 1535, 1501A-33.

Pub. L. 105-277, div. A, Sec. 101(b) [title II, Sec. 209], Oct.

21, 1998, 112 Stat. 2681-50, 2681-87.

DEPARTMENT OF THE INTERIOR FRANCHISE FUND PILOT

Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec.

113], Sept. 30, 1996, 110 Stat. 3009-181, 3009-200, provided that:

"There is hereby established in the Treasury a franchise fund

pilot, as authorized by section 403 of Public Law 103-356 [set out

below], to be available as provided in such section for costs of

capitalizing and operating administrative services as the Secretary

determines may be performed more advantageously as central

services: Provided, That any inventories, equipment, and other

assets pertaining to the services to be provided by such fund,

either on hand or on order, less the related liabilities or unpaid

obligations, and any appropriations made prior to the current year

for the purpose of providing capital shall be used to capitalize

such fund: Provided further, That such fund shall be paid in

advance from funds available to the Department and other Federal

agencies for which such centralized services are performed, at

rates which will return in full all expenses of operation,

including accrued leave, depreciation of fund plant and equipment,

amortization of automatic data processing (ADP) software and

systems (either acquired or donated) and an amount necessary to

maintain a reasonable operating reserve, as determined by the

Secretary: Provided further, That such fund shall provide services

on a competitive basis: Provided further, That an amount not to

exceed four percent of the total annual income to such fund may be

retained in the fund for fiscal year 1997 and each fiscal year

thereafter, to remain available until expended, to be used for the

acquisition of capital equipment, and for the improvement and

implementation of Department financial management, ADP, and other

support systems: Provided further, That no later than thirty days

after the end of each fiscal year amounts in excess of this reserve

limitation shall be transferred to the Treasury: Provided further,

That such franchise fund pilot shall terminate pursuant to section

403(f) of Public Law 103-356."

DEPARTMENT OF THE TREASURY FRANCHISE FUND

Pub. L. 104-208, div. A, title I, Sec. 101(f) [title I], Sept.

30, 1996, 110 Stat. 3009-314, 3009-316, as amended by Pub. L.

106-554, Sec. 1(a)(3) [title I, Sec. 120], Dec. 21, 2000, 114 Stat.

2763, 2763A-135, provided in part that: "There is hereby

established in the Treasury a franchise fund until October 1, 2002

to be available without fiscal year limitation, for expenses and

equipment necessary for the maintenance and operation of such

financial and administrative support services as the Secretary

determines may be performed more advantageously as central

services: Provided, That any inventories, equipment, and other

assets pertaining to the services to be provided by such fund,

either on hand or on order, less the related liabilities or unpaid

obligations, and any appropriations made for the purpose of

providing capital, shall be used to capitalize such fund: Provided

further, That such fund shall be reimbursed or credited with the

payments, including advanced payments, from applicable

appropriations and funds available to the Department and other

Federal agencies for which such administrative and financial

services are performed, at rates which will recover all expenses of

operation, including accrued leave, depreciation of fund plant and

equipment, amortization of Automatic Data Processing (ADP) software

and systems, and an amount necessary to maintain a reasonable

operating reserve, as determined by the Secretary: Provided

further, That such fund shall provide services on a competitive

basis: Provided further, That an amount not to exceed 4 percent of

the total annual income to such fund may be retained in the fund

for fiscal year 1997 and each fiscal year thereafter, to remain

available until expended, to be used for the acquisition of capital

equipment and for the improvement and implementation of Treasury

financial management, ADP, and other support systems: Provided

further, That no later than 30 days after the end of each fiscal

year, amounts in excess of this reserve limitation shall be

deposited as miscellaneous receipts in the Treasury."

DEPARTMENT OF VETERANS AFFAIRS FRANCHISE FUND PILOT

Pub. L. 107-73, title I, Sec. 108, Nov. 26, 2001, 115 Stat. 658,

provided that: "Notwithstanding any other provision of law, the

Department of Veterans Affairs shall continue the Franchise Fund

pilot program authorized to be established by section 403 of Public

Law 103-356 [set out below] until October 1, 2002: Provided, That

the Franchise Fund, established by title I of Public Law 104-204

[set out below] to finance the operations of the Franchise Fund

pilot program, shall continue until October 1, 2002."

Pub. L. 104-204, title I, Sept. 26, 1996, 110 Stat. 2880,

provided in part that: "There is hereby established in the Treasury

a franchise fund pilot, as authorized by section 403 of Public Law

103-356 [set out below], to be available as provided in such

section for expenses and equipment necessary for the maintenance

and operation of such administrative services as the Secretary

determines may be performed more advantageously as central

services: Provided, That any inventories, equipment and other

assets pertaining to the services to be provided by the franchise

fund, either on hand or on order, less the related liabilities or

unpaid obligations, and any appropriations made hereafter for the

purpose of providing capital, shall be used to capitalize the

franchise fund: Provided further, That the franchise fund may be

paid in advance from funds available to the Department and other

Federal agencies for which such centralized services are performed,

at rates which will return in full all expenses of operation,

including accrued leave, depreciation of fund plant and equipment,

amortization of automated data processing (ADP) software and

systems (either acquired or donated), and an amount necessary to

maintain a reasonable operating reserve, as determined by the

Secretary: Provided further, That the franchise fund shall provide

services on a competitive basis: Provided further, That an amount

not to exceed four percent of the total annual income to such fund

may be retained in the fund for fiscal year 1997 and each fiscal

year thereafter, to remain available until expended, to be used for

the acquisition of capital equipment and for the improvement and

implementation of Departmental financial management, ADP, and other

support systems: Provided further, That no later than thirty days

after the end of each fiscal year amounts in excess of this reserve

limitation shall be transferred to the Treasury: Provided further,

That such franchise fund pilot shall terminate pursuant to section

403(f) of Public Law 103-356."

ENVIRONMENTAL PROTECTION AGENCY FRANCHISE FUND PILOT

Pub. L. 104-204, title III, Sept. 26, 1996, 110 Stat. 2912, as

amended, formerly set out as a note under this section, was

transferred and is classified to section 4370e of Title 42, The

Public Health and Welfare.

FEDERAL EMERGENCY MANAGEMENT AGENCY FRANCHISE FUND PILOT

Pub. L. 104-204, title III, Sept. 26, 1996, 110 Stat. 2915,

provided in part: "For the establishment of a working capital fund

for the Federal Emergency Management Agency, to be available

without fiscal year limitation, for expenses and equipment

necessary for maintenance and operations of such administrative

services as the Director determines may be performed more

advantageously as central services: Provided, That any inventories,

equipment, and other assets pertaining to the services to be

provided by such fund, either on hand or on order, less the related

liabilities or unpaid obligations, and any appropriations made

hereafter for the purpose of providing capital, shall be used to

capitalize such fund: Provided further, That such fund shall be

reimbursed or credited with advance payments from applicable

appropriations and funds of the Federal Emergency Management

Agency, other Federal agencies, and other sources authorized by law

for which such centralized services are performed, including

supplies, materials, and services, at rates that will return in

full all expenses of operation, including accrued leave,

depreciation of fund plant and equipment, amortization of automated

data processing (ADP) software and systems (either acquired or

donated), and an amount necessary to maintain a reasonable

operating reserve as determined by the Director: Provided further,

That income of such fund may be retained, to remain available until

expended, for purposes of the fund: Provided further, That fees for

services shall be established by the Director at a level to cover

the total estimated costs of providing such services, such fees to

be deposited in the fund shall remain available until expended for

purposes of the fund: Provided further, That such fund shall

terminate in a manner consistent with section 403(f) of Public Law

103-356 [set out below]."

[For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.]

FRANCHISE FUND PILOT PROGRAMS

Pub. L. 103-356, title IV, Sec. 403, Oct. 13, 1994, 108 Stat.

3413, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(f)

[title VI, Sec. 627], Sept. 30, 1996, 110 Stat. 3009-314, 3009-360;

Pub. L. 107-67, title VI, Sec. 634, Nov. 12, 2001, 115 Stat. 553,

provided that:

"(a) Establishment. - There is authorized to be established on a

pilot program basis in each of six executive agencies a franchise

fund. The Director of the Office of Management and Budget, after

consultation with the chairman and ranking members of the

Committees on Appropriations and Governmental Affairs of the

Senate, and the Committees on Appropriations and Government

Operations [now Committee on Government Reform] of the House of

Representatives, shall designate the agencies.

"(b) Uses. - Each such fund may provide, consistent with

guidelines established by the Director of the Office of Management

and Budget, such common administrative support services to the

agency and to other agencies as the head of such agency, with the

concurrence of the Director, determines can be provided more

efficiently through such a fund than by other means. To provide

such services, each such fund is authorized to acquire the capital

equipment, automated data processing systems, and financial

management and management information systems needed. Services

shall be provided by such funds on a competitive basis.

"(c) Funding. - (1) There are authorized to be appropriated to

the franchise fund of each agency designated under subsection (a)

such funds as are necessary to carry out the purposes of the fund,

to remain available until expended. To the extent that unexpended

balances remain available in other accounts for the purposes to be

carried out by the fund, the head of the agency may transfer such

balances to the fund.

"(2) Fees for services shall be established by the head of the

agency at a level to cover the total estimated costs of providing

such services. Such fees shall be deposited in the agency's fund to

remain available until expended, and may be used to carry out the

purposes of the fund.

"(3) Existing inventories, including inventories on order,

equipment, and other assets or liabilities pertaining to the

purposes of the fund may be transferred to the fund.

"(d) Report on Pilot Programs. - Within 6 months after the end of

fiscal year 1997, the Director of the Office of Management and

Budget shall forward a report on the results of the pilot programs

to the Committees on Appropriations of the Senate and of the House

of Representatives, and to the Committee on Governmental Affairs of

the Senate and the Committee on Government Operations [now

Committee on Government Reform] of the House of Representatives.

The report shall contain the financial and program performance

results of the pilot programs, including recommendations for -

"(1) the structure of the fund;

"(2) the composition of the funding mechanism;

"(3) the capacity of the fund to promote competition; and

"(4) the desirability of extending the application and

implementation of franchise funds to other Federal agencies.

"(e) Procurement. - Nothing in this section shall be construed as

relieving any agency of any duty under applicable procurement laws.

"(f) Termination. - The provisions of this section shall expire

on October 1, 2002."

SIMPLIFICATION OF MANAGEMENT REPORTING PROCESS

Pub. L. 103-356, title IV, Sec. 404, Oct. 13, 1994, 108 Stat.

3414, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(f)

[title VI, Sec. 646], Sept. 30, 1996, 110 Stat. 3009-314, 3009-366;

Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 241], Nov.

29, 1999, 113 Stat. 1536, 1501A-303, provided that:

"(a) In General. - To improve the efficiency of executive branch

performance in implementing statutory requirements for financial

management reporting to the Congress and its committees, the

Director of the Office of Management and Budget may adjust the

frequency and due dates of or consolidate any statutorily required

reports of agencies to the Office of Management and Budget or the

President and of agencies or the Office of Management and Budget to

the Congress under any laws for which the Office of Management and

Budget has financial management responsibility, including -

"(1) chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of title 31,

United States Code;

"(2) the Federal Civil Penalties Inflation Adjustment Act of

1990 (28 U.S.C. 2461 note; Public Law 101-410; 104 Stat. 890).

"(b) Application. - The authority provided in subsection (a)

shall apply only to reports of agencies to the Office of Management

and Budget or the President and of agencies or the Office of

Management and Budget to the Congress required by statute to be

submitted between January 1, 1995, and April 30, 2000.

"(c) Adjustments in Reporting. - The Director may consolidate or

adjust the frequency and due dates of any statutorily required

reports under subsections (a) and (b) only after -

"(1) consultation with the Chairman of the Senate Committee on

Governmental Affairs and the Chairman of the House of

Representatives Committee on Government Operations [now Committee

on Government Reform]; and

"(2) written notification to the Congress, no later than

February 8 of each fiscal year covered under subsection (b) for

those reports required to be submitted during that fiscal year."

FINDINGS AND PURPOSES OF CHIEF FINANCIAL OFFICERS ACT OF 1990

Pub. L. 101-576, title I, Sec. 102, Nov. 15, 1990, 104 Stat.

2838, provided that:

"(a) Findings. - The Congress finds the following:

"(1) General management functions of the Office of Management

and Budget need to be significantly enhanced to improve the

efficiency and effectiveness of the Federal Government.

"(2) Financial management functions of the Office of Management

and Budget need to be significantly enhanced to provide overall

direction and leadership in the development of a modern Federal

financial management structure and associated systems.

"(3) Billions of dollars are lost each year through fraud,

waste, abuse, and mismanagement among the hundreds of programs in

the Federal Government.

"(4) These losses could be significantly decreased by improved

management, including improved central coordination of internal

controls and financial accounting.

"(5) The Federal Government is in great need of fundamental

reform in financial management requirements and practices as

financial management systems are obsolete and inefficient, and do

not provide complete, consistent, reliable, and timely

information.

"(6) Current financial reporting practices of the Federal

Government do not accurately disclose the current and probable

future cost of operating and investment decisions, including the

future need for cash or other resources, do not permit adequate

comparison of actual costs among executive agencies, and do not

provide the timely information required for efficient management

of programs.

"(b) Purposes. - The purposes of this Act [see Short Title of

1990 Amendment note above] are the following:

"(1) Bring more effective general and financial management

practices to the Federal Government through statutory provisions

which would establish in the Office of Management and Budget a

Deputy Director for Management, establish an Office of Federal

Financial Management headed by a Controller, and designate a

Chief Financial Officer in each executive department and in each

major executive agency in the Federal Government.

"(2) Provide for improvement, in each agency of the Federal

Government, of systems of accounting, financial management, and

internal controls to assure the issuance of reliable financial

information and to deter fraud, waste, and abuse of Government

resources.

"(3) Provide for the production of complete, reliable, timely,

and consistent financial information for use by the executive

branch of the Government and the Congress in the financing,

management, and evaluation of Federal programs."

DUTIES AND FUNCTIONS OF DEPARTMENT OF THE TREASURY

Pub. L. 101-576, title II, Sec. 204, Nov. 15, 1990, 104 Stat.

2842, provided that: "Nothing in this Act [see Short Title of 1990

Amendment note above] shall be construed to interfere with the

exercise of the functions, duties, and responsibilities of the

Department of the Treasury, as in effect immediately before the

enactment of this Act [Nov. 15, 1990]."

REORGANIZATION PLAN NO. 2 OF 1970

EFF. JULY 1, 1970, 35 F.R. 7959, 84 STAT. 2085, AS AMENDED PUB. L.

97-258, SEC. 5(B), SEPT. 13, 1982, 96 STAT. 1068, 1085

Prepared by the President and Transmitted to the Senate and the

House of Representatives in Congress Assembled March 12, 1970,

Pursuant to the Provisions of Chapter 9 of Title 5 of the United

States Code.

OFFICE OF MANAGEMENT AND BUDGET; DOMESTIC COUNCIL

PART I. OFFICE OF MANAGEMENT AND BUDGET

SECTION 101. TRANSFER OF FUNCTIONS TO THE PRESIDENT

There are hereby transferred to the President of the United

States all functions vested by law (including reorganization plan)

in the Bureau of the Budget or the Director of the Bureau of the

Budget.

SEC. 102. OFFICE OF MANAGEMENT AND BUDGET

[Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section designated the Bureau of the Budget as the

Office of Management and Budget, provided for the officers and

their duties, and provided for performance of the duties of the

Director in the event of absence or disability or a vacancy in the

office of Director.]

SEC. 103. RECORDS, PROPERTY, PERSONNEL, AND FUNDS

[Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section provided that the records, property, personnel,

and unexpended balances etc., of the Bureau of the Budget shall

become those of the Office of Management and Budget.]

PART II. DOMESTIC COUNCIL

SEC. 201. ESTABLISHMENT OF THE COUNCIL

(a) There is hereby established in the Executive Office of the

President a Domestic Council, hereinafter referred to as the

Council.

(b) The Council shall be composed of the following:

The President of the United States

The Vice President of the United States

The Attorney General

Secretary of Agriculture

Secretary of Commerce

Secretary of Health, Education, and Welfare

Secretary of Housing and Urban Development

Secretary of the Interior

Secretary of Labor

Secretary of Transportation

Secretary of the Treasury

and such other officers of the Executive Branch as the President

may from time to time direct.

(c) The President of the United States shall preside over

meetings of the Council: Provided, That, in the event of his

absence, he may designate a member of the Council to preside.

SEC. 202. FUNCTIONS OF THE COUNCIL

The Council shall perform such functions as the President may

from time to time delegate or assign thereto.

SEC. 203. EXECUTIVE DIRECTOR

The staff of the Council shall be headed by an Executive Director

who shall be an assistant to the President designated by the

President. The Executive Director shall perform such functions as

the President may from time to time direct.

PART III. TAKING EFFECT

SEC. 301. EFFECTIVE DATE

The provisions of this reorganization plan shall take effect as

provided by section 906(a) of title 5 of the United States Code, or

on July 1, 1970, whichever is later.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

We in government often are quick to call for reform in other

institutions, but slow to reform ourselves. Yet nowhere today is

modern management more needed than in government itself.

In 1939, President Franklin D. Roosevelt proposed and the

Congress accepted a reorganization plan that laid the groundwork

for providing managerial assistance for a modern Presidency.

The plan placed the Bureau of the Budget within the Executive

Office of the President. It made available to the President direct

access to important new management instruments. The purpose of the

plan was to improve the administration of the Government - to

ensure that the Government could perform "promptly, effectively,

without waste or lost motion."

Fulfilling that purpose today is far more difficult - and more

important - than it was 30 years ago.

Last April, I created a President's Advisory Council on Executive

Organization and named to it a distinguished group of outstanding

experts headed by Roy L. Ash. I gave the Council a broad charter to

examine ways in which the Executive Branch could be better

organized. I asked it to recommend specific organizational changes

that would make the Executive Branch a more vigorous and more

effective instrument for creating and carrying out the programs

that are needed today. The Council quickly concluded that the place

to begin was in the Executive Office of the President itself. I

agree.

The past 30 years have seen enormous changes in the size,

structure and functions of the Federal Government. The budget has

grown from less than $10 billion to $200 billion. The number of

civilian employees has risen from one million to more than two and

a half million. Four new Cabinet departments have been created,

along with more than a score of independent agencies. Domestic

policy issues have become increasingly complex. The

interrelationships among Government programs have become more

intricate. Yet the organization of the President's policy and

management arms has not kept pace.

Over three decades, the Executive Office of the President has

mushroomed but not by conscious design. In many areas it does not

provide the kind of staff assistance and support the President

needs in order to deal with the problems of government in the

1970s. We confront the 1970s with a staff organization geared in

large measure to the tasks of the 1940s and 1950s.

One result, over the years, has been a tendency to enlarge the

immediate White House staff - that is, the President's personal

staff, as distinct from the institutional structure - to assist

with management functions for which the President is responsible.

This has blurred the distinction between personal staff and

management institutions; it has left key management functions to be

performed only intermittently and some not at all. It has

perpetuated outdated structures.

Another result has been, paradoxically, to inhibit the delegation

of authority to Departments and agencies.

A President whose programs are carefully coordinated, whose

information system keeps him adequately informed, and whose

organizational assignments are plainly set out, can delegate

authority with security and confidence. A President whose office is

deficient in these respects will be inclined, instead, to retain

close control of operating responsibilities which he cannot and

should not handle.

Improving the management processes of the President's own office,

therefore, is a key element in improving the management of the

entire Executive Branch, and in strengthening the authority of its

Departments and agencies. By providing the tools that are needed to

reduce duplication, to monitor performance and to promote greater

efficiency throughout the Executive Branch, this also will enable

us to give the country not only more effective but also more

economical government - which it deserves.

To provide the management tools and policy mechanisms needed for

the 1970s, I am today transmitting to the Congress Reorganization

Plan No. 2 of 1970, prepared in accordance with Chapter 9 of Title

5 of the United States Code.

This plan draws not only on the work of the Ash Council itself,

but also on the work of others that preceded - including the

pioneering Brownlow Committee of 1936, the two Hoover Commissions,

the Rockefeller Committee, and other Presidential task forces.

Essentially, the plan recognizes that two closely connected but

basically separate functions both center in the President's office:

policy determination and executive management. This involves (1)

what government should do, and (2) how it goes about doing it.

My proposed reorganization creates a new entity to deal with each

of these functions:

- It establishes a Domestic Council, to coordinate policy

formulation in the domestic area. This Cabinet group would be

provided with an institutional staff, and to a considerable

degree would be a domestic counterpart to the National

Security Council.

- It establishes an Office of Management and Budget, which would

be the President's principal arm for the exercise of his

managerial functions.

The Domestic Council will be primarily concerned with what we do;

the Office of Management and Budget will be primarily concerned

with how we do it, and how well we do it.

DOMESTIC COUNCIL

The past year's experience with the Council for Urban Affairs has

shown how immensely valuable a Cabinet-level council can be as a

forum for both discussion and action on policy matters that cut

across departmental jurisdictions.

The Domestic Council will be chaired by the President. Under the

plan, its membership will include the Vice President, and the

Secretaries of the Treasury, Interior, Agriculture, Commerce,

Labor, Health, Education and Welfare, Housing and Urban

Development, and Transportation, and the Attorney General. I also

intend to designate as members the Director of the Office of

Economic Opportunity and, while he remains a member of the Cabinet,

the Postmaster General. (Although I continue to hope that the

Congress will adopt my proposal to create, in place of the Post

Office Department, a self-sufficient postal authority.) The

President could add other Executive Branch officials at his

discretion.

The Council will be supported by a staff under an Executive

Director who will also be one of the President's assistants. Like

the National Security Council staff, this staff will work in close

coordination with the President's personal staff but will have its

own institutional identity. By being established on a permanent,

institutional basis, it will be designed to develop and employ the

"institutional memory" so essential if continuity is to be

maintained, and if experience is to play its proper role in the

policy-making process.

There does not now exist an organized, institutionally-staffed

group charged with advising the President on the total range of

domestic policy. The Domestic Council will fill that need. Under

the President's direction, it will also be charged with integrating

the various aspects of domestic policy into a consistent whole.

Among the specific policy functions in which I intend the

Domestic Council to take the lead are these:

- Assessing national needs, collecting information and

developing forecasts, for the purpose of defining national

goals and objectives.

- Identifying alternative ways of achieving these objectives,

and recommending consistent, integrated sets of policy

choices.

- Providing rapid response to Presidential needs for policy

advice on pressing domestic issues.

- Coordinating the establishment of national priorities for the

allocation of available resources.

- Maintaining a continuous review of the conduct of ongoing

programs from a policy standpoint, and proposing reforms as

needed.

Much of the Council's work will be accomplished by temporary, ad

hoc project committees. These might take a variety of forms, such

as task forces, planning groups or advisory bodies. They can be

established with varying degrees of formality, and can be set up to

deal either with broad program areas or with specific problems. The

committees will draw for staff support on Department and agency

experts, supplemented by the Council's own staff and that of the

Office of Management and Budget.

Establishment of the Domestic Council draws on the experience

gained during the past year with the Council for Urban Affairs, the

Cabinet Committee on the Environment and the Council for Rural

Affairs. The principal key to the operation of these Councils has

been the effective functioning of their various subcommittees. The

Councils themselves will be consolidated into the Domestic Council;

Urban, Rural and Environment subcommittees of the Domestic Council

will be strengthened, using access to the Domestic Council staff.

Overall, the Domestic Council will provide the President with a

streamlined, consolidated domestic policy arm, adequately staffed,

and highly flexible in its operation. It also will provide a

structure through which departmental initiatives can be more fully

considered, and expert advice from the Departments and agencies

more fully utilized.

OFFICE OF MANAGEMENT AND BUDGET

Under the reorganization plan, the technical and formal means by

which the Office of Management and Budget is created is by

re-designating the Bureau of the Budget as the Office of Management

and Budget. The functions currently vested by law in the Bureau, or

in its director, are transferred to the President, with the

provision that he can then re-delegate them.

As soon as the reorganization plan takes effect, I intend to

delegate those statutory functions to the Director of the new

Office of Management and Budget, including those under section 212

of the Budget and Accounting Act, 1921 [31 U.S.C. 1113].

However, creation of the Office of Management and Budget

represents far more than a mere change of name for the Bureau of

the Budget. It represents a basic change in concept and emphasis,

reflecting the broader management needs of the Office of the

President.

The new Office will still perform the key function of assisting

the President in the preparation of the annual Federal budget and

overseeing its execution. It will draw upon the skills and

experience of the extraordinarily able and dedicated career staff

developed by the Bureau of the Budget. But preparation of the

budget as such will no longer be its dominant, overriding concern.

While the budget function remains a vital tool of management, it

will be strengthened by the greater emphasis the new office will

place on fiscal analysis. The budget function is only one of

several important management tools that the President must now

have. He must also have a substantially enhanced institutional

staff capability in other areas of executive management -

particularly in program evaluation and coordination, improvement of

Executive Branch organization, information and management systems,

and development of executive talent. Under this plan, strengthened

capability in these areas will be provided partly through internal

reorganization, and it will also require additional staff

resources.

The new Office of Management and Budget will place much greater

emphasis on the evaluation of program performance: on assessing the

extent to which programs are actually achieving their intended

results, and delivering the intended services to the intended

recipients. This is needed on a continuing basis, not as a one-time

effort. Program evaluation will remain a function of the individual

agencies as it is today. However, a single agency cannot fairly be

expected to judge overall effectiveness in programs that cross

agency lines - and the difference between agency and Presidential

perspectives requires a capacity in the Executive Office to

evaluate program performance whenever appropriate.

The new Office will expand efforts to improve interagency

cooperation in the field. Washington-based coordinators will help

work out interagency problems at the operating level, and assist in

developing efficient coordinating mechanisms throughout the

country. The success of these efforts depends on the experience,

persuasion, and understanding of an Office which will be an

expediter and catalyst. The Office will also respond to requests

from State and local governments for assistance on

intergovernmental programs. It will work closely with the Vice

President and the Office of Intergovernmental Relations.

Improvement of Government organization, information and

management systems will be a major function of the Office of

Management and Budget. It will maintain a continuous review of the

organizational structures and management processes of the Executive

Branch, and recommend needed changes. It will take the lead in

developing new information systems to provide the President with

the performance and other data that he needs but does not now get.

When new programs are launched, it will seek to ensure that they

are not simply forced into or grafted onto existing organizational

structures that may not be appropriate. Resistance to

organizational change is one of the chief obstacles to effective

government; the new Office will seek to ensure that organization

keeps abreast of program needs.

The new Office will also take the lead in devising programs for

the development of career executive talent throughout the

Government. Not the least of the President's needs as Chief

Executive is direct capability in the Executive Office for insuring

that talented executives are used to the full extent of their

abilities. Effective, coordinated efforts for executive manpower

development have been hampered by the lack of a system for

forecasting the needs for executive talent and appraising

leadership potential. Both are crucial to the success of an

enterprise - whether private or public.

The Office of Management and Budget will be charged with advising

the President on the development of new programs to recruit, train,

motivate, deploy, and evaluate the men and women who make up the

top ranks of the civil service, in the broadest sense of that term.

It will not deal with individuals, but will rely on the talented

professionals of the Civil Service Commission and the Departments

and agencies themselves to administer these programs. Under the

leadership of the Office of Management and Budget there will be

joint efforts to see to it that all executive talent is well

utilized wherever it may be needed throughout the Executive Branch,

and to assure that executive training and motivation meet not only

today's needs but those of the years ahead.

Finally, the new Office will continue the Legislative Reference

functions now performed by the Bureau of the Budget, drawing

together agency reactions on all proposed legislation, and helping

develop legislation to carry out the President's program. It also

will continue the Bureau's work of improving and coordinating

Federal statistical services.

SIGNIFICANCE OF THE CHANGES

The people deserve a more responsive and more effective

Government. The times require it. These changes will help provide

it.

Each reorganization included in the plan which accompanies this

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

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

particular, the plan is responsive to Section 901(a)(1), "to

promote the better execution of the laws, the more effective

management of the Executive Branch and of its agencies and

functions, and the expeditious administration of the public

business;" and Section 901(a)(3), "to increase the efficiency of

the operations of the Government to the fullest extent

practicable."

The reorganizations provided for in this plan make necessary the

appointment and compensation of new officers, as specified in

Section 102(c) of the plan. The rates of compensation fixed for

these officers are comparable to those fixed for other officers in

the Executive Branch who have similar responsibilities.

While this plan will result in a modest increase in direct

expenditures, its strengthening of the Executive Office of the

President will bring significant indirect savings, and at the same

time will help ensure that people actually receive the return they

deserve for every dollar the Government spends. The savings will

result from the improved efficiency these changes will provide

throughout the Executive Branch - and also from curtailing the

waste that results when programs simply fail to achieve their

objectives. It is not practical, however, to itemize or aggregate

these indirect expenditure reductions which will result from the

reorganization.

I expect to follow with other reorganization plans, quite

possibly including ones that will affect other activities of the

Executive Office of the President. Our studies are continuing. But

this by itself is a reorganization of major significance, and a key

to the more effective functioning of the entire Executive Branch.

These changes would provide an improved system of policy making

and coordination, a strengthened capacity to perform those

functions that are now the central concerns of the Bureau of the

Budget, and a more effective set of management tools for the

performance of other functions that have been rapidly increasing in

importance.

The reorganization will not only improve the staff resources

available to the President, but will also strengthen the advisory

roles of those members of the Cabinet principally concerned with

domestic affairs. By providing a means of formulating integrated

and systematic recommendations on major domestic policy issues, the

plan serves not only the needs of the President but also the

interests of the Congress.

This reorganization plan is of major importance to the

functioning of modern government. The national interest requires

it. I urge that the Congress allow it to become effective.

Richard Nixon.

The White House, March 12, 1970.

-TRANS-

ABOLITION OF DOMESTIC COUNCIL

Domestic Council, established by Reorg. Plan No. 2 of 1970, Sec.

201, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2086, set out above,

abolished by Reorg. Plan No. 1 of 1977, Sec. 3, 42 F.R. 56101, 91

Stat. 1633, set out in the Appendix to Title 5, Government

Organization and Employees, effective on or before Apr. 1, 1978, at

such time as specified by President. Section 5D of Reorg. Plan No.

1 of 1977 transferred all functions vested in Domestic Council to

President with power to delegate performance of such transferred

functions within Executive Office of President.

-EXEC-

EX. ORD. NO. 11541. PRESCRIBING DUTIES OF OFFICE OF MANAGEMENT AND

BUDGET AND DOMESTIC COUNCIL

Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, as amended by

Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No.

12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec. 28,

1978, 44 F.R. 1055; Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R.

42833, provided:

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

statutes of the United States, including section 301 of Title 3 of

the United States Code, and pursuant to Reorganization Plan No. 2

of 1970 (hereinafter referred to as "the Plan") [set out as a note

under this section], it is ordered as follows:

Section 1. (a) All functions transferred to the President of the

United States by Part I of the Plan (including the function vested

by section 102(f) of designating the officials of the Office of

Management and Budget who shall act as Director during the absence

or disability of the Deputy Director or in the event of a vacancy

in the office of Deputy Director) are hereby delegated to the

Director of the Office of Management and Budget in the Executive

Office of the President. Such functions shall be carried out by the

Director under the direction of the President and pursuant to such

further instructions as the President from time to time may issue.

(b) All outstanding delegations, rules, regulations, orders,

circulars, bulletins, or other forms of Executive or administrative

action issued or taken by or relating to the Bureau of the Budget

or the Director of the Bureau of the Budget prior to the effective

date of this order shall, until amended or revoked, remain in full

force and effect as if issued or taken by or relating to the Office

of Management and Budget or the Director of the Office of

Management and Budget.

(c) The delegation to the Director of the Office of Management

and Budget, pursuant to subsection (a) of this Section, of the

functions vested in the Director of the Bureau of the Budget by

Section 103 of the Budget and Accounting Procedures Act of 1950 (31

U.S.C. 18b) [31 U.S.C. 1104(d)] and subsequently transferred to the

President by Part I of Reorganization Plan No. 2 of 1970 (5 U.S.C.

App.), shall be implemented in accord with Section 3(a) of the

Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503

note), to the extent that provision is applicable.

(d) The delegation to the Director of the Office of Management

and Budget of the following executive development and personnel

functions (which have been transferred to the Office of Personnel

Management) is terminated on December 4, 1977:

(1) Providing overall Executive Branch leadership, regulation,

and guidance in executive personnel selection, development and

management.

(2) Studying and reporting on issues relating to position

classification and the compensation of Federal civilian employees,

including linkages among pay systems, and providing reports on

average grade levels, work-years and personnel costs of Federal

civilian employees.

(3) Providing primary Executive Branch leadership in (i)

developing and reviewing a program of policy guidance to

departments and agencies for the organization of management

responsibility under the Federal Labor Relations program; and (ii)

monitoring issues and trends in labor management relations for

referral to appropriate Executive Branch officials including the

Federal Labor Relations Council.

Sec. 2. (a) Under the direction of the President and subject to

such further instructions as the President from time to time may

issue, the Domestic Council in the Executive Office of the

President shall (1) receive and develop information necessary for

assessing national domestic needs and defining national domestic

goals, and develop for the President alternative proposals for

reaching those goals; (2) collaborate with the Office of Management

and Budget and others in the determination of national domestic

priorities for the allocation of available resources; (3)

collaborate with the Office of Management and Budget and others to

assure a continuing review of ongoing programs from the standpoint

of their relative contributions to national goals as compared with

their use of available resources; and (4) provide policy advice to

the President on domestic issues.

(b) The organizations listed herein are terminated and the

functions heretofore assigned to them shall be performed by the

Domestic Council:

Council for Urban Affairs (Executive Order No. 11452 of January

23, 1969)

Cabinet Committee on the Environment (Executive Order No. 11472

of May 29, 1969, as amended by Executive Order No. 11514 of March

5, 1970)

Council for Rural Affairs (Executive Order No. 11493 of November

13, 1969)

Sec. 3. This order shall be effective July 1, 1970.

SUPERSEDURE OF EX. ORD. NO. 11541

Supersedure of Ex. Ord. No. 11541 to the extent that it is

inconsistent with Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747,

see section 11(6) of Ex. Ord. No. 11609, set out as a note under

section 301 of Title 3, The President; with Ex. Ord. No. 11713,

Apr. 21, 1973, 38 F.R. 10069, see section 3 of Ex. Ord. No. 11713,

set out as a note under section 301 of Title 3; with Ex. Ord. No.

11717, May 9, 1973, 38 F.R. 12315, see section 5 of Ex. Ord. No.

11717, set out below.

EXECUTIVE ORDER NO. 11647

Ex. Ord. No. 11647, Feb. 10, 1972, 37 F.R. 3167, as amended by

Ex. Ord. No. 11731, July 23, 1973, 38 F.R. 19903; Ex. Ord. No.

11892, Dec. 31, 1975, 41 F.R. 751; Ex. Ord. No. 12038, Feb. 3,

1978, 43 F.R. 4957, which established Federal Regional Councils,

was revoked by section 1-307 of Ex. Ord. No. 12149, July 20, 1979,

44 F.R. 43248.

EX. ORD. NO. 11717. TRANSFER OF CERTAIN FUNCTIONS FROM OFFICE OF

MANAGEMENT AND BUDGET TO GENERAL SERVICES ADMINISTRATION AND

DEPARTMENT OF COMMERCE

Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, provided:

By virtue of the authority vested in me as President by the

Constitution and Statutes of the United States, particularly by

section 301 of title 3 of the United States Code, the Federal

Property and Administrative Services Act of 1949, as amended, the

Budget and Accounting Act, 1921, as amended, the Budget and

Accounting Procedures Act of 1950, as amended, and Reorganization

Plan No. 2 of 1970 [set out as a note above], it is hereby ordered

as follows:

Section 1. There are hereby transferred to the Administrator of

General Services all functions that were being performed in the

Office of Management and Budget on April 13, 1973 by:

(1) The Financial Management Branch, the Procurement and Property

Management Branch, and the Management Systems Branch of the

Organization and Management Systems Division; and

(2) the Management Information and Computer Systems Division with

respect to policy control over automatic data processing (except

those functions relating to the establishment of Government-wide

automatic data-processing standards).

Sec. 2. There are hereby transferred to the Secretary of Commerce

all functions being performed on the date of this order in the

Office of Management and Budget relating to the establishment of

Government-wide automatic data processing standards, including the

function of approving standards on behalf of the President pursuant

to section 111(f)(2) of the Federal Property and Administrative

Services Act of 1949, as amended [former 40 U.S.C. 759(f)(2)].

Sec. 3. (a) The functions transferred to the Administrator of the

General Services Administration and to the Secretary of Commerce by

this order do not include those performed in connection with the

general oversight responsibilities of the Director of the Office of

Management and Budget, as the head of that agency and as Assistant

to the President for executive management, and the functions

transferred by this order shall be performed subject to such

general oversight to the same extent that other functions of the

General Services Administration and the Department of Commerce,

respectively, are so performed.

(b) The functions vested in the President by the first sentence

of section 111(g) of the Federal Property and Administrative

Services Act of 1949, as amended [former 40 U.S.C. 759(g)], with

respect to fiscal control of automatic data processing activities

shall continue to be performed by the Director of the Office of

Management and Budget. No function vested by statute in the

Director shall be deemed to be affected by the provisions of this

order.

Sec. 4. So much of the personnel, property, records and

unexpended balances of appropriations, allocations, and other funds

employed, used, held, available, or to be made available, in

connection with the functions transferred by this order as the

Director of the Office of Management and Budget shall determine,

shall be transferred to the Department of Commerce and the General

Services Administration, respectively, at such times as the

Director shall specify.

Sec. 5. Executive Order No. 11541 of July 1, 1970, is hereby

superseded to the extent that it is inconsistent with this order.

Sec. 6. This order shall be effective as of April 15, 1973.

Richard Nixon.

SUPERSEDURE OF EX. ORD. NO. 11717

Ex. Ord. No. 11717 superseded to the extent that it is

inconsistent with Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040,

see section 4 of Ex. Ord. No. 11893, set out as a note under

section 4252 of Title 42, The Public Health and Welfare.

EXECUTIVE ORDER NO. 12013

Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931, which related to

transfer of certain statistical functions and the establishment of

the Statistical Policy Coordination Committee, was revoked by

section 4(a) of Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833,

set out below.

EX. ORD. NO. 12027. TRANSFER OF CERTAIN EXECUTIVE DEVELOPMENT AND

OTHER PERSONNEL FUNCTIONS

Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

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

statutes of the United States of America, including Reorganization

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

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

1531], and Section 301 of Title 3 of the United States Code, and as

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

certain functions from the Director of the Office of Management and

Budget to the Office of Personnel Management, it is hereby ordered

as follows:

Section 1. The following functions which heretofore have been

performed by the Director of the Office of Management and Budget,

either alone or in conjunction with the Office of Personnel

Management, are hereby reassigned and delegated to the Office of

Personnel Management:

(a) Providing overall Executive Branch leadership, regulation,

and guidance in executive personnel selection, development, and

management including:

(1) Devising and establishing programs and encouraging agencies

to devise and establish programs to forecast the need for career

executive talent and to select, train, develop, motivate, deploy

and evaluate the men and women who make up the top ranks of Federal

civil service;

(2) Initiating and leading efforts to ensure that potential

executive talent is identified, developed and well utilized

throughout the Executive Branch and;

(3) Ensuring that executive training and motivation meet current

and future needs.

(b) Studying and reporting on issues relating to position

classification and the compensation of Federal civilian employees,

including linkages among pay systems, and providing reports on

average grade levels, work-years and personnel costs of Federal

civilian employees.

(c) Providing primary Executive Branch leadership in (1)

developing and reviewing a program of policy guidance to

departments and agencies for the organization of management's

responsibility under the Federal Labor Relations program; and (2)

monitoring issues and trends in labor management relations for

referral to appropriate Executive Branch officials including the

Federal Labor Relations Council.

Sec. 2. Section 1 of Executive Order No. 11541, as amended [set

out above], is further amended by adding thereto the following new

subsection:

"(d) The delegation to the Director of the Office of Management

and Budget of the following executive development and personnel

functions (which have been transferred to the Office of Personnel

Management) is terminated on December 4, 1977:

"(1) Providing overall Executive Branch leadership, regulation,

and guidance in executive personnel selection, development and

management.

"(2) Studying and reporting on issues relating to position

classification and the compensation of Federal civilian employees,

including linkages among pay systems, and providing reports on

average grade levels, work-years and personnel costs of Federal

civilian employees.

"(3) Providing primary Executive Branch leadership in (i)

developing and reviewing a program of policy guidance to

departments and agencies for the organization of management

responsibility under the Federal Labor Relations program; and (ii)

monitoring issues and trends in labor management relations for

referral to appropriate Executive Branch officials including the

Federal Labor Relations Council.".

Sec. 3. Executive Order No. 11491, as amended [5 U.S.C. 7101

note], is further amended by amending Section 25(a) to read as

follows:

"The Office of Personnel Management, in conjunction with the

Director of the Office of Management and Budget, shall establish

and maintain a program for the policy guidance of agencies on

labor-management relations in the Federal service and shall

periodically review the implementation of these policies. The

Office of Personnel Management shall be responsible for the

day-to-day policy guidance under that program. The Office of

Personnel Management also shall continuously review the operation

of the Federal labor-management relations program to assist in

assuring adherence to its provisions and merit system requirements;

implement technical advice and information programs for the

agencies; assist in the development of programs for training agency

personnel and management officials in labor-management relations;

and, from time to time, report to the Council on the state of the

program with any recommendations for its improvement.".

Sec. 4. Section 5(a) of Executive Order No. 11636 of December 17,

1971 [formerly set out as a note under 22 U.S.C. 801], establishing

an Employee-Management Relations Commission as a committee of the

Board of the Foreign Service, is amended by deleting: "The

representative of the Office of Management and Budget shall be the

Chairman of the Commission" and substituting therefor "The

representative of the Office of Personnel Management shall be the

Chairman of the Commission".

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

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

to the functions transferred or reassigned by this Order from the

Office of Management and Budget to the Office of Personnel

Management, are hereby transferred to the Office of Personnel

Management.

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

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

necessary or appropriate to effectuate the transfers or

reassignments provided by this Order, including the transfer of

funds, records, property, and personnel.

Sec. 7. This Order shall be effective December 4, 1977.

Jimmy Carter.

EXECUTIVE ORDER NO. 12074

Ex. Ord. No. 12074, Aug. 16, 1978, 43 F.R. 36875, which related

to urban and community impact analyses, was revoked by Ex. Ord. No.

12350, Mar. 9, 1982, 47 F.R. 10503.

EXECUTIVE ORDER NO. 12149

Ex. Ord. No. 12149, July 20, 1979, 44 F.R. 43247, which

established Federal Regional Councils, was revoked by section 4(b)

of Ex. Ord. No. 12314, July 22, 1981, 46 F.R. 38330.

EXECUTIVE ORDER NO. 12301

Executive Order No. 12301, Mar. 26, 1981, 46 F.R. 19211, as

amended by Ex. Ord. No. 13118, Sec. 10(5), Mar. 31, 1999, 64 F.R.

16598, which established the President's Council on Integrity and

Efficiency in Federal programs, was revoked by Ex. Ord. No. 12625,

Jan. 27, 1988, 53 F.R. 2812, formerly set out below.

EXECUTIVE ORDER NO. 12314

Ex. Ord. No. 12314, July 22, 1981, 46 F.R. 38329, which

established Federal Regional Councils, was revoked by Ex. Ord. No.

12407, Feb. 22, 1983, 48 F.R. 7717.

EX. ORD. NO. 12318. TRANSFER OF CERTAIN STATISTICAL POLICY

FUNCTIONS

Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided:

By virtue of the authority vested in me as President by the

Constitution and statutes of the United States, including

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

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

[31 U.S.C. 1531], Section 3(a) of the Paperwork Reduction Act of

1980 (Public Law 96-511, 94 Stat. 2825, 44 U.S.C. 3503 note), and

Section 301 of Title 3 of the United States Code, and in order to

transfer, redelegate, and reassign certain statistical policy

functions from the Secretary of Commerce to the Director of the

Office of Management and Budget, and to require redelegation of

certain functions to the Administrator for the Office of

Information and Regulatory Affairs, it is hereby ordered as

follows:

Section 1. Sec. 1(c) of Executive Order No. 11541 of July 1,

1970, as amended [set out as a note above], is amended by deleting

the last phrase "is terminated on October 9, 1977" and substituting

therefor "shall be implemented in accord with Section 3(a) of the

Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503

note), to the extent that provision is applicable".

Sec. 2. Executive Order No. 10253 of July 11, 1951, as amended

[31 U.S.C. 1104 note], is further amended as follows:

(a) "Secretary of Commerce" is deleted in Section 1 and "Director

of the Office of Management and Budget" is substituted therefor.

(b) "Secretary" is deleted wherever it appears in Sections 1, 2,

4, 5, and 6 and "Director" is substituted therefor.

(c) "Department of Commerce" is deleted in Section 6 and "Office

of Management and Budget" is substituted therefor.

(d) Section 7 is deleted and a new Section 7 is substituted

therefor as follows:

"Sec. 7. As required by Section 3(a) of the Paperwork Reduction

Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), the Director

shall redelegate to the Administrator for the Office of Information

and Regulatory Affairs, Office of Management and Budget, all

functions, authority, and responsibility under Section 103 of the

Budget and Accounting Procedures Act of 1950 (31 U.S.C. 18b) [31

U.S.C. 1104(d)] which have been vested in the Director by this

Order."

(e) Section 8 is revoked.

Sec. 3. Executive Order No. 10033, as amended [22 U.S.C. 286f

note], is further amended as follows:

(a) "Secretary of Commerce, hereinafter referred to as the

Secretary,", is deleted in Section 1 and "Director of the Office of

Management and Budget, hereinafter referred to as the Director,",

is substituted therefor.

(b) "Secretary" is deleted wherever it appears in Sections 2(a),

2(b), 2(c), 3, 4, and 5 and "Director" is substituted therefor.

(c) Section 7 is revoked.

Sec. 4. (a) Executive Order No. 12013 is revoked.

(b) Section 4 of Executive Order No. 11961, as amended [22 U.S.C.

3101 note], is further amended by deleting "the Secretary of

Commerce shall perform the functions set forth in Sections 4(a)(3)

and 5(c) of the Act" [22 U.S.C. 3103(a)(3), 3104(c)], and

substituting therefor "the Secretary of Commerce shall perform the

function of making periodic reports to the Committees of the

Congress as set forth in Section 4(a)(3) of the Act" [22 U.S.C.

3103(a)(3)].

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

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

to the functions transferred or reassigned from the Secretary of

Commerce to the Director of the Office of Management and Budget by

the delegations made in this Order, are hereby transferred to the

Director of the Office of Management and Budget.

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

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

necessary or appropriate to ensure or effectuate the transfers or

reassignments provided by this Order, including the transfer of

funds, records, property, and personnel.

Sec. 7. Any rules, regulations, orders, directives, circulars, or

other actions taken pursuant to the functions transferred or

reassigned from the Secretary of Commerce to the Director of the

Office of Management and Budget by the delegations made in this

Order, shall remain in effect until amended, modified, or revoked

pursuant to the delegations made in this Order.

Sec. 8. This Order shall be effective August 23, 1981.

Ronald Reagan.

EXECUTIVE ORDER NO. 12479

Ex. Ord. No. 12479, May 24, 1984, 49 F.R. 22243, which

established President's Council on Management Improvement, assigned

functions of Council and responsibilities of Chairman, and provided

for administrative support, was revoked by Ex. Ord. No. 12816, Oct.

14, 1992, 57 F.R. 47562, formerly set below.

EXECUTIVE ORDER NO. 12552

Ex. Ord. No. 12552, Feb. 25, 1986, 51 F.R. 7041, which provided

for establishment of a comprehensive program for improvement of

productivity throughout all Executive departments and agencies, was

superseded by Ex. Ord. No. 12637, Apr. 27, 1988, 53 F.R. 15349,

formerly set out below, and was revoked by Ex. Ord. No. 13048, Sec.

5, June 10, 1997, 62 F.R. 32469, set out below.

EX. ORD. NO. 12615. PERFORMANCE OF COMMERCIAL ACTIVITIES

Ex. Ord. No. 12615, Nov. 19, 1987, 52 F.R. 44853, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, and in order to

facilitate ongoing efforts to ensure that the Federal Government

acquires needed goods and services in the most economical and

efficient manner, it is hereby ordered as follows:

Section 1. The head of each Executive department and agency

shall, to the extent permitted by law:

(a) Ensure that new Federal Government requirements for

commercial activities are provided by private industry, except

where statute or national security requires government performance

or where private industry costs are unreasonable;

(b) Identify by April 29, 1988, in cooperation with the Director

of the Office of Management and Budget all commercial activities

currently performed by government. The department and agency heads

are encouraged to consult with the President's Commission on

Privatization in making such identification;

(c) Schedule, by June 30, 1988, all commercial activities

identified pursuant to subsection (b) for study in accordance with

the procedures of OMB Circular No. A-76, as revised, and the

Supplement thereto, to determine whether they could be performed

more economically by private industry;

(d) Meet the study goals for Fiscal Year 1988 set forth in

"Management of the United States Government, Fiscal Year 1988"; and

thereafter, beginning with Fiscal Year 1989, conduct annual studies

of not less than 3 percent of the department or agency's total

civilian population, until all identified potential commercial

activities have been studied;

(e) Include in each annual budget proposal to the Office of

Management and Budget estimates of expected yearly budget savings

from the privatization of commercial activities projected to be

accomplished following the completion of scheduled studies, unless

an exception is authorized by the Director of the Office of

Management and Budget. These estimates shall be based on analysis

of savings under previous studies and estimated savings to be

achieved from future conversions to contract. A department or

agency proposal may reflect retention of expected first-year

savings as negotiated with the Office of Management and Budget for

use as incentive compensation to reward employees covered by the

studies for their productivity efforts, or for use in other

productivity enhancement projects;

(f) Develop and maintain an effective job placement program for

government employees affected by privatization initiatives and

cooperate fully in interagency placement efforts;

(g) Designate a senior-level official to coordinate the OMB

Circular No. A-76 studies and other privatization efforts; and

(h) Report to the President on progress each quarter, through the

Director of the Office of Management and Budget.

Sec. 2. The Director of the Office of Management and Budget

shall, to the extent permitted by law:

(a) Issue guidance to departments and agencies to implement this

Order. Such guidance shall be designed to ensure an equitable cost

comparison of government-operated commercial activities with

private industry performance of the same activities, and to improve

the efficiency in the conduct of studies;

(b) Publish for public review (i) not later than 30 days after

its completion, the inventory of commercial activities identified

pursuant to section 1(b) and the activities scheduled for study by

departments and agencies in Fiscal Year 1988 pursuant to section

1(c); and (ii) not later than 30 days before the start of each

successive fiscal year, the list of activities to be reviewed

during that year pursuant to section 1(d); and

(c) Establish a tracking system to monitor, on a quarterly basis,

progress by departments and agencies in carrying out this Order.

Sec. 3. The Director of the Office of Personnel Management, in

consultation with the heads of other Executive departments and

agencies, shall review and revise, as necessary and to the extent

permitted by law, personnel policies and regulations in order (a)

to ensure that government managers have the flexibility to organize

in the most effective and efficient manner to achieve levels of

productivity comparable with those of private industry, and (b) to

reduce any adverse effects of productivity improvements on

employees.

Sec. 4. For purposes of this Order, the terms "commercial

activity," "conversion to contract," and "cost comparison" shall

have the meanings set forth in OMB Circular No. A-76, as revised.

Sec. 5. Nothing in this Order shall be construed to confer a

private right of action on any person, or to add in any way to

applicable procurement procedures required by existing law.

Ronald Reagan.

EXECUTIVE ORDER NO. 12625

Ex. Ord. No. 12625, Jan. 27, 1988, 53 F.R. 2812, which

established President's Council on Integrity and Efficiency as an

interagency committee, was revoked by Ex. Ord. No. 12805, May 11,

1992, 57 F.R. 20627, set out below.

EXECUTIVE ORDER NO. 12637

Ex. Ord. No. 12637, Apr. 27, 1988, 53 F.R. 15349, which

established a productivity improvement program for the Federal

Government, was revoked by Ex. Ord. No. 13048, Sec. 5, June 10,

1997, 62 F.R. 32469, set out below.

EX. ORD. NO. 12803. INFRASTRUCTURE PRIVATIZATION

Ex. Ord. No. 12803, Apr. 30, 1992, 57 F.R. 19063, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

ensure that the United States achieves the most beneficial economic

use of its resources, it is hereby ordered as follows:

Section 1. Definitions. For purposes of this order:

(a) "Privatization" means the disposition or transfer of an

infrastructure asset, such as by sale or by long-term lease, from a

State or local government to a private party.

(b) "Infrastructure asset" means any asset financed in whole or

in part by the Federal Government and needed for the functioning of

the economy. Examples of such assets include, but are not limited

to: roads, tunnels, bridges, electricity supply facilities, mass

transit, rail transportation, airports, ports, waterways, water

supply facilities, recycling and wastewater treatment facilities,

solid waste disposal facilities, housing, schools, prisons, and

hospitals.

(c) "Originally authorized purposes" means the general objectives

of the original grant program; however, the term is not intended to

include every condition required for a grantee to have obtained the

original grant.

(d) "Transfer price" means: (i) the amount paid or to be paid by

a private party for an infrastructure asset, if the asset is

transferred as a result of competitive bidding; or (ii) the

appraised value of an infrastructure asset, as determined by the

head of the executive department or agency and the Director of the

Office of Management and Budget, if the asset is not transferred as

a result of competitive bidding.

(e) "State and local governments" means the government of any

State of the United States, the District of Columbia, any

commonwealth, territory, or possession of the United States, and

any county, municipality, city, town, township, local public

authority, school district, special district, intrastate district,

regional or interstate governmental entity, council of governments,

and any agency or instrumentality of a local government, and any

federally recognized Indian Tribe.

Sec. 2. Fundamental Principles. Executive departments and

agencies shall be guided by the following objectives and

principles: (a) Adequate and well-maintained infrastructure is

critical to economic growth. Consistent with the principles of

federalism enumerated in Executive Order No. 12612 [formerly set

out under section 601 of Title 5, Government Organization and

Employees], and in order to allow the private sector to provide for

infrastructure modernization and expansion, State and local

governments should have greater freedom to privatize infrastructure

assets.

(b) Private enterprise and competitively driven improvements are

the foundation of our Nation's economy and economic growth. Federal

financing of infrastructure assets should not act as a barrier to

the achievement of economic efficiencies through additional private

market financing or competitive practices, or both.

(c) State and local governments are in the best position to

assess and respond to local needs. State and local governments

should, subject to assuring continued compliance with Federal

requirements that public use be on reasonable and nondiscriminatory

terms, have maximum possible freedom to make decisions concerning

the maintenance and disposition of their federally financed

infrastructure assets.

(d) User fees are generally more efficient than general taxes as

a means to support infrastructure assets. Privatization

transactions should be structured so as not to result in

unreasonable increases in charges to users.

Sec. 3. Privatization Initiative. To the extent permitted by law,

the head of each executive department and agency shall undertake

the following actions:

(a) Review those procedures affecting the management and

disposition of federally financed infrastructure assets owned by

State and local governments and modify those procedures to

encourage appropriate privatization of such assets consistent with

this order;

(b) Assist State and local governments in their efforts to

advance the objectives of this order; and

(c) Approve State and local governments' requests to privatize

infrastructure assets, consistent with the criteria in section 4 of

this order and, where necessary, grant exceptions to the

disposition requirements of the "Uniform Administrative

Requirements for Grants and Cooperative Agreements to State and

Local Governments" common rule, or other relevant rules or

regulations, for infrastructure assets; provided that the transfer

price shall be distributed, as paid, in the following manner: (i)

State and local governments shall first recoup in full the

unadjusted dollar amount of their portion of total project costs

(including any transaction and fix-up costs they incur) associated

with the infrastructure asset involved; (ii) if proceeds remain,

then the Federal Government shall recoup in full the amount of

Federal grant awards associated with the infrastructure asset, less

the applicable share of accumulated depreciation on such asset

(calculated using the Internal Revenue Service accelerated

depreciation schedule for the categories of assets in question);

and (iii) finally, the State and local governments shall keep any

remaining proceeds.

Sec. 4. Criteria. To the extent permitted by law, the head of an

executive department or agency shall approve a request in

accordance with section 3(c) of this order only if the grantee: (a)

Agrees to use the proceeds described in section 3(c)(iii) of this

order only for investment in additional infrastructure assets

(after public notice of the proposed investment), or for debt or

tax reduction; and

(b) Demonstrates that a market mechanism, legally enforceable

agreement, or regulatory mechanism will ensure that: (i) the

infrastructure asset or assets will continue to be used for their

originally authorized purposes, as long as needed for those

purposes, even if the purchaser becomes insolvent or is otherwise

hindered from fulfilling the originally authorized purposes; and

(ii) user charges will be consistent with any current Federal

conditions that protect users and the public by limiting the

charges.

Sec. 5. Government-wide Coordination and Review. In implementing

Executive Order Nos. 12291 and 12498 [formerly set out under

section 601 of Title 5, Government Organization and Employees] and

OMB Circular No. A-19, the Office of Management and Budget, to the

extent permitted by law and consistent with the provisions of those

authorities, shall take action to ensure that the policies of the

executive department and agencies are consistent with the

principles, criteria, and requirements of this order. The Office of

Management and Budget shall review the results of implementing this

order and report thereon to the President 1 year after the date of

this order.

Sec. 6. Preservation of Existing Authority. Nothing in this order

is in any way intended to limit any existing authority of the heads

of executive departments and agencies to approve privatization

proposals that are otherwise consistent with law.

Sec. 7. Judicial Review. This order is intended only to improve

the internal management of the executive branch, and is not

intended to create any right or benefit, substantive or procedural,

enforceable by a party against the United States, its agencies or

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

George Bush.

EX. ORD. NO. 12805. INTEGRITY AND EFFICIENCY IN FEDERAL PROGRAMS

Ex. Ord. No. 12805, May 11, 1992, 57 F.R. 20627, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

coordinate and enhance governmental efforts to promote integrity

and efficiency and to detect and prevent fraud, waste, and abuse in

Federal programs, the establishment of two Councils of Federal

Inspectors General and appropriate Federal officials is hereby

ordered as follows:

Section 1. Establishment of the President's Council on Integrity

and Efficiency.

(a) There is established as an interagency committee the

President's Council on Integrity and Efficiency (PCIE).

(b) The PCIE shall be composed of the following members:

(1) The Deputy Director for Management of the Office of

Management and Budget, who shall be Chairperson of the Council;

(2) All civilian Presidentially appointed Inspectors General

whose offices were established in the Inspector General Act of

1978 [5 App. U.S.C.] and subsequent amendments;

(3) The Vice Chairperson of the Executive Council on Integrity

and Efficiency;

(4) The Controller of the Office of Federal Financial

Management;

(5) The Associate Deputy Director for Investigations of the

Federal Bureau of Investigation;

(6) The Director of the Office of Government Ethics;

(7) The Special Counsel of the Office of Special Counsel; and

(8) The Deputy Director of the Office of Personnel Management.

(c) The Chairperson may, from time to time, invite other

officials to participate in meetings of the PCIE.

(d) The Chairperson shall, to the extent possible, convene

meetings of the PCIE monthly.

Sec. 2. Establishment of the Executive Council on Integrity and

Efficiency.

(a) There is established as an inter-entity committee the

Executive Council on Integrity and Efficiency (ECIE).

(b) The ECIE shall be composed of the following members:

(1) The Deputy Director for Management of the Office of

Management and Budget, who shall be Chairperson of the Council;

(2) All civilian statutory Inspectors General not represented

on the PCIE;

(3) The Vice Chairperson of the PCIE;

(4) The Controller of the Office of Federal Financial

Management;

(5) The Associate Deputy Director for Investigations of the

Federal Bureau of Investigation, or his or her designee;

(6) The Director of the Office of Government Ethics, or his or

her designee;

(7) The Special Counsel of the Office of Special Counsel, or

his or her designee; and

(8) The Deputy Director of the Office of Personnel Management,

or his or her designee.

(c) If any individual simultaneously serves as a Presidentially

appointed Inspector General and as Inspector General of an entity

represented on the ECIE, that individual may send a designee to

ECIE meetings.

(d) The Chairperson may, from time to time, invite other

officials to participate in meetings of the ECIE.

(e) The Chairperson or, in his or her absence, the Controller of

the Office of Federal Financial Management shall, to the extent

possible, convene meetings of the ECIE monthly.

Sec. 3. Functions of the PCIE and the ECIE.

(a) The Councils shall continually identify, review, and discuss

areas of weakness and vulnerability in Federal programs and

operations to fraud, waste, and abuse, and shall develop plans for

coordinated, Governmentwide activities that address these problems

and promote economy and efficiency in Federal programs and

operations. These activities will include interagency and

inter-entity audit and investigation programs and projects to deal

efficiently and effectively with those problems concerning fraud

and waste that exceed the capability or jurisdiction of an

individual agency or entity. The Councils shall recognize the

preeminent role of the Department of Justice in law enforcement and

litigation.

(b) The Councils shall develop policies that will aid in the

establishment of a corps of well-trained and highly skilled Office

of Inspector General staff members.

(c) The individual members of the Councils should, to the extent

permitted under law, adhere to professional standards developed by

the Councils and participate in the plans, programs, and projects

of the Councils.

(d) The creation and operation of the Councils shall neither

interfere with existing authority and responsibilities in the

relevant agencies and entities nor augment or diminish the

statutory authority or responsibilities of individual members of

either Council.

Sec. 4. Responsibilities of the Chairperson of the PCIE and the

ECIE.

(a) The Chairperson may appoint a Vice Chairperson from the PCIE

and the ECIE to assist in carrying out the functions of each

Council.

(b) The Chairperson shall, in consultation with the members of

each Council, establish the agenda for PCIE and ECIE activities.

(c) The Chairperson shall, on behalf of the Councils, report to

the President on the activities of the Councils. The Chairperson

shall, as appropriate, advise the Councils with respect to the

President's consideration of the Councils' activities.

(d) The Chairperson shall provide agency and entity heads with

summary reports of the activities of the Councils.

(e) The Chairperson shall establish, in consultation with members

of the Councils, such committees of the PCIE and the ECIE as deemed

necessary and appropriate for the efficient conduct of PCIE and

ECIE functions. The Chairperson may invite members of the ECIE to

serve on each PCIE Committee. Similarly, the Chairperson may invite

members of the PCIE to serve on each ECIE Committee.

(f) The Chairperson shall convene joint meetings of the PCIE and

the ECIE at least annually.

Sec. 5. Administrative Provisions.

(a) The Director of the Office of Management and Budget shall

provide the PCIE and the ECIE with such administrative support as

may be necessary for the performance of the functions of the

Councils.

(b) The heads of agencies and entities represented on the PCIE

and the ECIE shall provide their representatives with such

administrative support as may be necessary, in accordance with law,

to enable the representatives to carry out their responsibilities.

Sec. 6. Revocation. Executive Order No. 12625 of January 27,

1988, entitled "Integrity and Efficiency in Federal Programs," is

revoked.

George Bush.

EXECUTIVE ORDER NO. 12816

Ex. Ord. No. 12816, Oct. 14, 1992, 57 F.R. 47562, which

established the President's Council on Management Improvement and

provided for its membership, functions, etc., was revoked by Ex.

Ord. No. 13048, Sec. 5, June 10, 1997, 62 F.R. 32469, set out

below.

EX. ORD. NO. 12837. DEFICIT CONTROL AND PRODUCTIVITY IMPROVEMENT IN

THE ADMINISTRATION OF THE FEDERAL GOVERNMENT

Ex. Ord. No. 12837, Feb. 10, 1993, 58 F.R. 8205, provided:

By the authority vested in me as President by the Constitution

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

and Accounting Act of 1921, as amended (31 U.S.C. 1101 et seq.),

and section 301 of title 3, United States Code, and in order to

assist in the control of the Federal deficit and improve the

administrative productivity of the Federal Government, it is hereby

ordered as follows:

Section 1. All executive departments and agencies shall include a

separate category for "administrative expenses" when submitting

their appropriation requests to the Office of Management and Budget

(OMB) for fiscal years 1994 through 1997. The Director of OMB

(Director), in consultation with the agencies, shall establish and

revise as necessary a definition of administrative expenses for the

agencies. All questions regarding the definition of administrative

expenses shall be resolved by the Director.

Sec. 2. The purpose of this order is to achieve real reductions

in the administrative costs of Federal agencies. In order to

accomplish that goal, agencies shall submit budgets that reflect

the following reductions from the fiscal year 1993 baseline:

(a) For fiscal year 1994, all agencies shall submit budget

requests that reflect no less than a 3 percent reduction in

administrative expenses from the amount made available for fiscal

year 1993 adjusted for inflation;

(b) For fiscal year 1995, all agencies shall submit budget

requests that reflect no less than a 6 percent reduction in

administrative expenses from the amounts made available for fiscal

year 1993 adjusted for inflation;

(c) For fiscal year 1996, all agencies shall submit budget

requests that reflect no less than a 9 percent reduction in

administrative expenses from the amounts made available for fiscal

year 1993 adjusted for inflation;

(d) For fiscal year 1997, all agencies shall submit budget

requests that reflect no less than a 14 percent reduction in

administrative expenses from the amounts made available for fiscal

year 1993 adjusted for inflation.

Sec. 3. The Director shall review agency requests for

administrative expenses. The Director shall ensure that all agency

requests for such expenses are reduced in accordance with section

2. To the extent that any agency fails to comply with the mandates

of section 2, the Director is authorized to reduce the request for

administrative expenses in that agency's budget to achieve the

appropriate reduction.

Sec. 4. All independent regulatory commissions and agencies are

requested to comply with the provisions of this order.

William J. Clinton.

EX. ORD. NO. 12862. SETTING CUSTOMER SERVICE STANDARDS

Ex. Ord. No. 12862, Sept. 11, 1993, 58 F.R. 48257, provided:

Putting people first means ensuring that the Federal Government

provides the highest quality service possible to the American

people. Public officials must embark upon a revolution within the

Federal Government to change the way it does business. This will

require continual reform of the executive branch's management

practices and operations to provide service to the public that

matches or exceeds the best service available in the private

sector.

NOW, THEREFORE, to establish and implement customer service

standards to guide the operations of the executive branch, and by

the authority vested in me as President by the Constitution and the

laws of the United States, it is hereby ordered:

Section 1. Customer Service Standards. In order to carry out the

principles of the National Performance Review, the Federal

Government must be customer-driven. The standard of quality for

services provided to the public shall be: Customer service equal to

the best in business. For the purposes of this order, "customer"

shall mean an individual or entity who is directly served by a

department or agency. "Best in business" shall mean the highest

quality of service delivered to customers by private organizations

providing a comparable or analogous service.

All executive departments and agencies (hereinafter referred to

collectively as "agency" or "agencies") that provide significant

services directly to the public shall provide those services in a

manner that seeks to meet the customer service standard established

herein and shall take the following actions:

(a) identify the customers who are, or should be, served by the

agency;

(b) survey customers to determine the kind and quality of

services they want and their level of satisfaction with existing

services;

(c) post service standards and measure results against them;

(d) benchmark customer service performance against the best in

business;

(e) survey front-line employees on barriers to, and ideas for,

matching the best in business;

(f) provide customers with choices in both the sources of service

and the means of delivery;

(g) make information, services, and complaint systems easily

accessible; and

(h) provide means to address customer complaints.

Sec. 2. Report on Customer Service Surveys. By March 8, 1994,

each agency subject to this order shall report on its customer

surveys to the President. As information about customer

satisfaction becomes available, each agency shall use that

information in judging the performance of agency management and in

making resource allocations.

Sec. 3. Customer Service Plans. By September 8, 1994, each agency

subject to this order shall publish a customer service plan that

can be readily understood by its customers. The plan shall include

customer service standards and describe future plans for customer

surveys. It also shall identify the private and public sector

standards that the agency used to benchmark its performance against

the best in business. In connection with the plan, each agency is

encouraged to provide training resources for programs needed by

employees who directly serve customers and by managers making use

of customer survey information to promote the principles and

objectives contained herein.

Sec. 4. Independent Agencies. Independent agencies are requested

to adhere to this order.

Sec. 5. Judicial Review. This order is for the internal

management of the executive branch and does not create any right or

benefit, substantive or procedural, enforceable by a party against

the United States, its agencies or instrumentalities, its officers

or employees, or any other person.

William J. Clinton.

EX. ORD. NO. 12893. PRINCIPLES FOR FEDERAL INFRASTRUCTURE

INVESTMENTS

Ex. Ord. No. 12893, Jan. 26, 1994, 59 F.R. 4233, provided:

A well-functioning infrastructure is vital to sustained economic

growth, to the quality of life in our communities, and to the

protection of our environment and natural resources. To develop and

maintain its infrastructure facilities, our Nation relies heavily

on investments by the Federal Government.

Our Nation will achieve the greatest benefits from its

infrastructure facilities if it invests wisely and continually

improves the quality and performance of its infrastructure

programs. Therefore, by the authority vested in me as President by

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

is hereby ordered as follows:

Section 1. Scope. The principles and plans referred to in this

order shall apply to Federal spending for infrastructure programs.

For the purposes of this order, Federal spending for infrastructure

programs shall include direct spending and grants for

transportation, water resources, energy, and environmental

protection.

Sec. 2. Principles of Federal Infrastructure Investment.

Each executive department and agency with infrastructure

responsibilities (hereinafter referred to collectively as

"agencies") shall develop and implement plans for infrastructure

investment and management consistent with the following principles:

(a) Systematic Analysis of Expected Benefits and Costs.

Infrastructure investments shall be based on systematic analysis of

expected benefits and costs, including both quantitative and

qualitative measures, in accordance with the following:

(1) Benefits and costs should be quantified and monetized to

the maximum extent practicable. All types of benefits and costs,

both market and nonmarket, should be considered. To the extent

that environmental and other nonmarket benefits and costs can be

quantified, they shall be given the same weight as quantifiable

market benefits and costs.

(2) Benefits and costs should be measured and appropriately

discounted over the full life cycle of each project. Such

analysis will enable informed tradeoffs among capital outlays,

operating and maintenance costs, and nonmonetary costs borne by

the public.

(3) When the amount and timing of important benefits and costs

are uncertain, analyses shall recognize the uncertainty and

address it through appropriate quantitative and qualitative

assessments.

(4) Analyses shall compare a comprehensive set of options that

include, among other things, managing demand, repairing

facilities, and expanding facilities.

(5) Analyses should consider not only quantifiable measures of

benefits and costs, but also qualitative measures reflecting

values that are not readily quantified.

(b) Efficient Management. Infrastructure shall be managed

efficiently in accordance with the following:

(1) The efficient use of infrastructure depends not only on

physical design features, but also on operational practices. To

improve these practices, agencies should conduct periodic reviews

of the operation and maintenance of existing facilities.

(2) Agencies should use these reviews to consider a variety of

management practices that can improve the return from

infrastructure investments. Examples include contracting

practices that reward quality and innovation, and design

standards that incorporate new technologies and construction

techniques.

(3) Agencies also should use these reviews to identify the

demand for different levels of infrastructure services. Since

efficient levels of service can often best be achieved by

properly pricing infrastructure, the Federal Government - through

its direct investments, grants, and regulations - should promote

consideration of market-based mechanisms for managing

infrastructure.

(c) Private Sector Participation. Agencies shall seek private

sector participation in infrastructure investment and management.

Innovative public-private initiatives can bring about greater

private sector participation in the ownership, financing,

construction, and operation of the infrastructure programs referred

to in section 1 of this order. Consistent with the public interest,

agencies should work with State and local entities to minimize

legal and regulatory barriers to private sector participation in

the provision of infrastructure facilities and services.

(d) Encouragement of More Effective State and Local Programs. To

promote the efficient use of Federal infrastructure funds, agencies

should encourage the State and local recipients of Federal grants

to implement planning and information management systems that

support the principles set forth in section 2(a) through (c) of

this order. In turn, the Federal Government should use the

information from the State and local recipients' management systems

to conduct the system-level reviews of the Federal Government's

infrastructure programs that are required by this order.

Sec. 3. Submission of Plans. Agencies shall submit initial plans

to implement these principles to the Director of the Office of

Management and Budget ("OMB") by March 15, 1994. Agency plans shall

list the actions that will be taken to provide the data and

analysis necessary for supporting infrastructure-related proposals

in future budget submissions. Agency implementation plans should be

consistent with OMB Circular A-94 that outlines the analytical

methods required under the principles set forth in section 2 of

this order.

Sec. 4. Application to Budget Submissions. Beginning with the

fiscal year 1996 budget submission to OMB, each agency should use

these principles to justify major infrastructure investment and

grant programs. Major programs are defined as those programs with

annual budgetary resources in excess of $50 million.

Sec. 5. Application to Legislative Proposals. Beginning March 15,

1994, agencies shall employ the principles set forth in section 2

of this order and, at the request of OMB, shall provide supporting

analyses when requesting OMB clearance for legislative proposals

that would authorize or reauthorize infrastructure programs.

Sec. 6. Guidance. The Office of Management and Budget shall

provide guidance to the agencies on the implementation of this

order.

Sec. 7. Judicial Review. This order is intended only to improve

the internal management of the executive branch and does not create

any right or benefit, substantive or procedural, enforceable by a

party against the United States, its agencies or instrumentalities,

its officers or employees, or any other person.

William J. Clinton.

EX. ORD. NO. 13048. IMPROVING ADMINISTRATIVE MANAGEMENT IN THE

EXECUTIVE BRANCH

Ex. Ord. No. 13048, June 10, 1997, 62 F.R. 32467, as amended by

Ex. Ord. No. 13284, Sec. 7, Jan. 23, 2003, 68 F.R. 4075, provided:

Improvement of Government operations is a continuing process that

benefits from interagency activities. One group dedicated to such

activities is the President's Council on Management Improvement

(PCMI), established by Executive Order 12479 in 1984, reestablished

by Executive Order 12816 in 1992. In the intervening years, some

activities of the PCMI have been assumed by the President's

Management Council, the Chief Financial Officers Council, and the

Chief Information Officers Council. These organizations are also

focussed on improving agencies' use of quality management

principles. Other functions have been assigned to individual

agencies. Nonetheless, remaining administrative management matters

deserve attention across agency lines.

By the authority vested in me as President by the Constitution

and the laws of the United States of America and in order to

improve agency administrative and management practices throughout

the executive branch, I hereby direct the following:

Section 1. Interagency Council on Administrative Management.

(a) Purpose and Membership. An Interagency Council on

Administrative Management ("Council") is established as an

interagency coordination mechanism. The Council shall be composed

of the Deputy Director for Management of the Office of Management

and Budget, who shall serve as Chair, and one senior administrative

management official from each of the following agencies:

1. Department of State;

2. Department of the Treasury;

3. Department of Defense;

4. Department of Justice;

5. Department of the Interior;

6. Department of Agriculture;

7. Department of Commerce;

8. Department of Labor;

9. Department of Health and Human Services;

10. Department of Housing and Urban Development;

11. Department of Transportation;

12. Department of Energy;

13. Department of Education;

14. Department of Veterans Affairs;

15. Department of Homeland Security;

16. Environmental Protection Agency;

17. Federal Emergency Management Agency;

18. Central Intelligence Agency;

19. Small Business Administration;

20. Department of the Army;

21. Department of the Navy;

22. Department of the Air Force;

23. National Aeronautics and Space Administration;

24. Agency for International Development;

25. General Services Administration;

26. National Science Foundation; and

27. Office of Personnel Management.

Department and agency heads shall advise the Chair of their

selections for membership on the Council. Council membership shall

also include representatives of the Chief Financial Officers

Council, the Chief Information Officers Council, the Federal

Procurement Council, the Interagency Advisory Group of Federal

Personnel Directors, and the Small Agency Council, as well as

at-large members appointed by the Chair, as he deems appropriate.

The Chair shall invite representatives of the Social Security

Administration to participate in the Council's work, as

appropriate. The Council shall select a Vice Chair from among the

Council's membership.

(b) The Council shall plan, promote, and recommend improvements

in Government administration and operations and provide advice to

the Chair on matters pertaining to the administrative management of

the Federal Government. The Council shall:

(1) explore opportunities for more effective use of Government

resources;

(2) support activities and initiatives of the President's

Management Council, the Chief Financial Officers Council, the

Chief Information Officers Council, the Federal Procurement

Council, and the Interagency Advisory Group of Federal Personnel

Directors designed to develop, review, revise, and implement

Governmentwide administrative management policies; and

(3) identify successful administrative management practices,

including quality management practices, and assist in their

Governmentwide dissemination and implementation.

Sec. 2. Responsibilities of the Chair. The Chair or, if the Chair

chooses, the Vice Chair shall:

(1) convene meetings of the Council;

(2) preside at formal council meetings;

(3) establish committees or working groups of the Council, as

necessary for efficient conduct of Council functions; and

(4) appoint, to the extent permitted by law and consistent with

personnel practices, other full-time officers or employees of the

Federal Government to the Council as at-large members for

specific terms, not exceeding 2 years, to provide expertise to

the Council.

Sec. 3. Responsibilities of Agency Heads. To the extent permitted

by law, heads of departments or agencies represented on the Council

shall provide their representatives with administrative support

needed to support Council activities.

Sec. 4. Judicial Review. This order is for the internal

management of the executive branch and does not create any right or

benefit, substantive or procedural, enforceable by a party against

the United States, its agencies or instrumentalities, its officers

or employees, or any other person.

Sec. 5. Revocation. Executive Order 12816 (creating the

President's Council on Management Improvement), Executive Order

12552 (establishing the executive branch productivity improvement

program) and Executive Order 12637 (revising the executive branch

productivity improvement program) are revoked.

IMPLEMENTING MANAGEMENT REFORM IN EXECUTIVE BRANCH

Memorandum of President of the United States, Oct. 1, 1993, 58

F.R. 52393, which directed the head of executive departments and

agencies, and requested independent agencies, to establish a chief

operating officer and implement additional agency management

reforms and established the President's Management Council to

advise and assist the President and Vice President in ensuring that

such reforms were implemented, was revoked by Memorandum of

President of the United States, July 11, 2001, 66 F.R. 37105, set

out below.

IMPLEMENTING GOVERNMENT REFORM

Memorandum of President of the United States, July 11, 2001, 66

F.R. 37105, provided:

Memorandum for the Heads of Executive Departments and Agencies

Throughout the campaign and in my Budget, I have called for

"active, but limited" Government: one that empowers States, cities,

and citizens to make decisions; ensures results through

accountability; and promotes innovation through competition. Thus,

if reform is to help the Federal Government adapt to a rapidly

changing world, its primary objectives must be a Government that

is:

-- Citizen-centered - not bureaucracy centered;

-- Results-oriented - not process-oriented; and

-- Market-based - actively promoting, not stifling, innovation

and competition.

In order to establish and implement Government reform throughout

the executive branch, I hereby direct the following:

1. Establish Chief Operating Officers.

Each agency head shall designate a Chief Operating Officer, who

shall be the senior official with agency-wide authority on behalf

of the Secretary or agency head. The Chief Operating Officer, the

equivalent of the Deputy Secretary, shall report directly to the

agency head and shall be responsible for:

(a) implementing the President's and agency head's goals and

the agency's mission;

(b) providing overall organization management to improve agency

performance;

(c) assisting the agency head in promoting Government reform,

developing strategic plans, and measuring results; and

(d) overseeing agency-specific efforts to integrate performance

and budgeting, expand competitive sourcing, strengthen their

workforce, improve financial management, advance e-government,

apply information policy and technology policies, and other

Government-wide management reforms.

2. Implement Additional Agency Reforms.

Each agency head shall identify and implement additional changes

within the agency that will promote the principles of government

reform.

3. Establishment of President's Management Council.

In order to advise and assist the President in ensuring that

Government reform is implemented throughout the executive branch, I

hereby establish the President's Management Council ("Council").

The Council shall comprise:

(a) The Deputy Director, Office of Management and Budget;

(b) The Chief Operating Officers from the following agencies:

(1) Department of State;

(2) Department of the Treasury;

(3) Department of Defense;

(4) Department of Justice;

(5) Department of the Interior;

(6) Department of Agriculture;

(7) Department of Commerce;

(8) Department of Labor;

(9) Department of Health and Human Services;

(10) Department of Housing and Urban Development;

(11) Department of Transportation;

(12) Department of Energy;

(13) Department of Education; and

(14) Department of Veterans Affairs.

(c) The following central management agency representatives:

(1) Director of the Office of Personnel Management;

(2) Administrator of General Services;

(d) Chief Operating Officers of the following agencies:

(1) Environmental Protection Agency;

(2) National Aeronautics and Space Administration;

(3) National Science Foundation;

(4) Social Security Administration; and

(5) Federal Emergency Management Agency.

(e) Chief Operating Officers of three other executive branch

agencies designated by the Chairperson, in his or her discretion;

(f) Assistant to the President and Cabinet Secretary;

(g) Deputy Assistant to the President for Management and

Administration; and

(h) Deputy Chief of Staff to the Vice President; and

(i) Such other officials of the executive departments and

agencies as the Director of the Office of Management and Budget

or I may, from time to time, designate.

The Deputy Director of the Office of Management and Budget shall

serve as Chairperson of the Council. The Chairperson of the Council

may appoint a Vice-Chairperson from the Council's membership to

assist the Chairperson in conducting affairs of the Council.

The functions of the Council shall include, among others:

(a) improving overall executive branch management, including

implementation of the President's Management Agenda;

(b) coordinating management-related efforts to improve

Government throughout the executive branch and, as necessary,

resolving specific interagency management issues;

(c) ensuring the adoption of new management practices in

agencies throughout the executive branch; and

(d) identifying examples of, and providing mechanisms for,

interagency exchange of information about best management

practices.

The Council shall seek advice and information as appropriate from

nonmember Federal agencies, particularly smaller agencies. The

Council shall also consider the management reform experience of

corporations, nonprofit organizations, State and local governments,

Government employees, public sector unions, and customers of

Government services.

Agencies shall cooperate with the Council and provide such

assistance, information, and advice to the Council as the Council

may request, to the extent permitted by law.

4. Independent Agencies.

Independent agencies are requested to comply with this

memorandum.

5. Revocation and Judicial Review.

(a) the memorandum of October 1, 1993, entitled "Implementing

Management Reform in the Executive Branch" is revoked.

(b) this memorandum is for the internal management of the

executive branch and does not create any right or benefit,

substantive or procedural, enforceable by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person.

6. Publication.

The Director of the Office of Management and Budget is authorized

and directed to publish this memorandum in the Federal Register.

George W. Bush.

-End-

-CITE-

31 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 502. Officers

-STATUTE-

(a) The head of the Office of Management and Budget is the

Director of the Office of Management and Budget. The Director is

appointed by the President, by and with the advice and consent of

the Senate. Under the direction of the President, the Director

shall administer the Office.

(b) The Office has a Deputy Director of the Office of Management

and Budget, appointed by the President, by and with the advice and

consent of the Senate. The Deputy Director -

(1) shall carry out the duties and powers prescribed by the

Director; and

(2) acts as the Director when the Director is absent or unable

to serve or when the office of Director is vacant.

(c) The Office has a Deputy Director for Management appointed by

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

The Deputy Director for Management shall be the chief official

responsible for financial management in the United States

Government.

(d) The Office has 3 Assistant Directors who shall carry out the

duties and powers prescribed by the Director.

(e) The Office may have not more than 6 additional officers, each

of whom is appointed in the competitive service by the Director,

with the approval of the President. Each additional officer shall

carry out the duties and powers prescribed by the Director. The

Director shall specify the title of each additional officer.

(f) When the Director and Deputy Director are absent or unable to

serve or when the offices of Director and Deputy Director are

vacant, the President may designate an officer of the Office to act

as Director.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886; Pub. L. 101-576,

title II, Sec. 201, Nov. 15, 1990, 104 Stat. 2839.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

502(a) 31:16(2d sentence June 10, 1921, ch. 18, Sec.

related to 207(2d, 3d sentences), 42

Director). Stat. 22; Reorg. Plan No. 1 of

1939, eff. July 1, 1939, Sec.

1, 53 Stat. 1423; July 31,

1953, ch. 302, Sec. 101(1st

proviso in par. under heading

"Bureau of the Budget"), 67

Stat. 299; Reorg. Plan No. 2

of 1970, eff. July 1, 1970,

Sec. 102(a), (b), (d), (e),

(f)(less words between

parentheses), 84 Stat. 2085;

Mar. 2, 1974, Pub. L. 93-250,

Sec. 1, 88 Stat. 11.

502(b) 31:16(2d sentence

related to Deputy

Director, 3d

sentence).

502(c) 31:16a. Reorg. Plan No. 1 of 1939,

eff. July 1, 1939, Sec. 1, 53

Stat. 1423; July 31, 1953, ch.

302, Sec. 101(last proviso in

par. under heading "Bureau of

the Budget"), 67 Stat. 299;

Sept. 6, 1966, Pub. L. 89-554,

Sec. 8(a), 80 Stat. 657;

Reorg. Plan No. 2 of 1970,

eff. July 1, 1970, Sec.

102(b), (e), 84 Stat. 2085.

31:16c. Reorg. Plan No. 1 of 1939,

eff. July 1, 1939, Sec. 1, 53

Stat. 1423; Aug. 1, 1956, ch.

838, 70 Stat. 887; Reorg. Plan

No. 2 of 1970, eff. July 1,

1970, Sec. 102(b), (e), 84

Stat. 2085.

502(d), 31:16(note). Reorg. Plan No. 1 of 1939,

(e) eff. July 1, 1939, Sec. 1, 53

Stat. 1423; Reorg. Plan No. 2

of 1970, eff. July 1, 1970,

Sec. 102(c)(words before last

comma), (e), (f)(words between

parentheses), 84 Stat. 2085.

--------------------------------------------------------------------

In subsections (a) and (b), the words related to salaries in

section 207 of the Budget and Accounting Act, 1921 (ch. 18, 42

Stat. 22), are omitted as covered by 5:5313(11) and 5314(34).

In subsection (a), the text of section 102(d)(1st sentence) of

Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.

2085) is omitted as covered by 3:301 and for consistency in the

revised title and with other titles of the United States Code. The

word "administer" is substituted for "supervise and direct the

administration of" in section 102(d) of the Reorganization Plan to

eliminate unnecessary words.

In subsections (b) and (c), the words "designated by this

reorganization plan" in section 102(e) of Reorganization Plan No. 2

of 1970 are omitted as executed. The words "carry out the duties

and powers prescribed by" are substituted for "perform such

functions as" for consistency in the revised title and with other

titles of the Code. The words "may from time to time direct" are

omitted as unnecessary.

In subsection (c), the words "the duties and powers prescribed

by" in section 102(e)(related to Assistant Directors) of

Reorganization Plan No. 2 of 1970 are substituted for "such

functions as" for consistency. The words "may from time to time

direct" are omitted as unnecessary. The words related to

compensation in 31:16c are omitted as covered by 5:5315(37).

In subsection (d), the words "as determined from time to time by

the Director of the Office of Management and Budget (hereinafter

referred to as the Director)" in section 102(c)(1st sentence) of

Reorganization Plan No. 2 of 1970 are omitted as unnecessary. The

words "in the competitive" are substituted for "under the

classified civil" in section 102(c)(2d sentence) of the

Reorganization Plan to conform to 5:2102. The words "The Director

shall specify the title of each additional officer" are substituted

for "shall have such title as the Director shall from time to time

determine" to eliminate unnecessary words. The words "provided for

in subsection (c) of this section" in section 102(e)(related to

officers) of the Reorganization Plan are omitted because of the

restatement. The words "carry out the duties and powers prescribed

by" are substituted for "perform such functions as" for consistency

in the revised title and with other titles of the Code. The words

"may from time to time direct" are omitted as unnecessary.

In subsection (e), the words "When the Director and Deputy

Director are absent or unable to serve or when the offices of

Director and Deputy Director are vacant" are substituted for "or

during the absence or disability of the Deputy Director or in the

event of a vacancy in the office of Deputy Director" and "during

the absence or disability of the Director or in the event of a

vacancy in the office of Director" in section 102(f)(words between

parentheses) of Reorganization Plan No. 2 of 1970 for clarity and

consistency with other titles of the Code. The words "an officer"

are substituted for "such other officials" for clarity and

consistency in the chapter. The words "in such order as" are

omitted as unnecessary. The words "from time to time" are

eliminated as unnecessary.

AMENDMENTS

1990 - Subsecs. (c) to (f). Pub. L. 101-576 added subsec. (c) and

redesignated former subsecs. (c) to (e) as (d) to (f),

respectively.

-End-

-CITE-

31 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 503. Functions of Deputy Director for Management

-STATUTE-

(a) Subject to the direction and approval of the Director, the

Deputy Director for Management shall establish governmentwide

financial management policies for executive agencies and shall

perform the following financial management functions:

(1) Perform all functions of the Director, including all

functions delegated by the President to the Director, relating to

financial management.

(2) Provide overall direction and leadership to the executive

branch on financial management matters by establishing financial

management policies and requirements, and by monitoring the

establishment and operation of Federal Government financial

management systems.

(3) Review agency budget requests for financial management

systems and operations, and advise the Director on the resources

required to develop and effectively operate and maintain Federal

Government financial management systems and to correct major

deficiencies in such systems.

(4) Review and, where appropriate, recommend to the Director

changes to the budget and legislative proposals of agencies to

ensure that they are in accordance with financial management

plans of the Office of Management and Budget.

(5) Monitor the financial execution of the budget in relation

to actual expenditures, including timely performance reports.

(6) Oversee, periodically review, and make recommendations to

heads of agencies on the administrative structure of agencies

with respect to their financial management activities.

(7) Develop and maintain qualification standards for agency

Chief Financial Officers and for agency Deputy Chief Financial

Officers appointed under sections 901 and 903, respectively

(excluding any officer designated or appointed under section

901(c)).

(8) Provide advice to agency heads with respect to the

selection of agency Chief Financial Officers and Deputy Chief

Financial Officers (excluding any officer designated or appointed

under section 901(c)).

(9) Provide advice to agencies regarding the qualifications,

recruitment, performance, and retention of other financial

management personnel.

(10) Assess the overall adequacy of the professional

qualifications and capabilities of financial management staffs

throughout the Government and make recommendations on ways to

correct problems which impair the capacity of those staffs.

(11) Settle differences that arise among agencies regarding the

implementation of financial management policies.

(12) Chair the Chief Financial Officers Council established by

section 302 of the Chief Financial Officers Act of 1990.

(13) Communicate with the financial officers of State and local

governments, and foster the exchange with those officers of

information concerning financial management standards,

techniques, and processes.

(14) Issue such other policies and directives as may be

necessary to carry out this section, and perform any other

function prescribed by the Director.

(b) Subject to the direction and approval of the Director, the

Deputy Director for Management shall establish general management

policies for executive agencies and perform the following general

management functions:

(1) Coordinate and supervise the general management functions

of the Office of Management and Budget.

(2) Perform all functions of the Director, including all

functions delegated by the President to the Director, relating to

-

(A) managerial systems, including the systematic measurement

of performance;

(B) procurement policy;

(C) grant, cooperative agreement, and assistance management;

(D) information and statistical policy;

(E) property management;

(F) human resources management;

(G) regulatory affairs; and

(H) other management functions, including organizational

studies, long-range planning, program evaluation, productivity

improvement, and experimentation and demonstration programs.

(3) Provide complete, reliable, and timely information to the

President, the Congress, and the public regarding the management

activities of the executive branch.

(4) Facilitate actions by the Congress and the executive branch

to improve the management of Federal Government operations and to

remove impediments to effective administration.

(5) Chair the Chief Information Officers Council established

under section 3603 of title 44.

(6) Provide leadership in management innovation, through -

(A) experimentation, testing, and demonstration programs; and

(B) the adoption of modern management concepts and

technologies.

(7) Work with State and local governments to improve and

strengthen intergovernmental relations, and provide assistance to

such governments with respect to intergovernmental programs and

cooperative arrangements.

(8) Review and, where appropriate, recommend to the Director

changes to the budget and legislative proposals of agencies to

ensure that they respond to program evaluations by, and are in

accordance with general management plans of, the Office of

Management and Budget.

(9) Provide advice to agencies on the qualification,

recruitment, performance, and retention of managerial personnel.

(10) Perform any other functions prescribed by the Director.

-SOURCE-

(Added Pub. L. 101-576, title II, Sec. 202(b), Nov. 15, 1990, 104

Stat. 2839; amended Pub. L. 103-272, Sec. 4(f)(1)(B), July 5, 1994,

108 Stat. 1361; Pub. L. 106-58, title VI, Sec. 638(g), Sept. 29,

1999, 113 Stat. 476; Pub. L. 107-347, title I, Sec. 102(b), Dec.

17, 2002, 116 Stat. 2910.)

-REFTEXT-

REFERENCES IN TEXT

Section 302 of the Chief Financial Officers Act of 1990 [Pub. L.

101-576], referred to in subsec. (a)(12), is set out as a note

under section 901 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 503 was renumbered section 505 of this title.

AMENDMENTS

2002 - Subsec. (b)(5) to (10). Pub. L. 107-347 added par. (5) and

redesignated former pars. (5) to (9) as (6) to (10), respectively.

1999 - Subsec. (a)(7). Pub. L. 106-58, Sec. 638(g)(1),

substituted "respectively (excluding any officer designated or

appointed under section 901(c))." for "respectively."

Subsec. (a)(8). Pub. L. 106-58, Sec. 638(g)(2), substituted

"Officers (excluding any officer designated or appointed under

section 901(c))." for "Officers."

1994 - Subsec. (b)(9). Pub. L. 103-272 substituted "Perform" for

"perform".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,

2002, see section 402(a)(1) of Pub. L. 107-347, set out as an

Effective Date note under section 3601 of Title 44, Public Printing

and Documents.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-58, title VI, Sec. 638(h), Sept. 29, 1999, 113 Stat.

476, provided that: "This section [amending this section and

sections 901 and 1105 of this title and enacting provisions set out

as a note under section 901 of this title] shall take effect at

noon on January 20, 2001."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 504 of this title.

-End-

-CITE-

31 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 504. Office of Federal Financial Management

-STATUTE-

(a) There is established in the Office of Management and Budget

an office to be known as the "Office of Federal Financial

Management". The Office of Federal Financial Management, under the

direction and control of the Deputy Director for Management of the

Office of Management and Budget, shall carry out the financial

management functions listed in section 503(a) of this title.

(b) There shall be at the head of the Office of Federal Financial

Management a Controller, who shall be appointed by the President,

by and with the advice and consent of the Senate. The Controller

shall be appointed from among individuals who possess -

(1) demonstrated ability and practical experience in

accounting, financial management, and financial systems; and

(2) extensive practical experience in financial management in

large governmental or business entities.

(c) The Controller of the Office of Federal Financial Management

shall be the deputy and principal advisor to the Deputy Director

for Management in the performance by the Deputy Director for

Management of functions described in section 503(a).

-SOURCE-

(Added Pub. L. 101-576, title II, Sec. 203(a), Nov. 15, 1990, 104

Stat. 2841.)

-MISC1-

PRIOR PROVISIONS

A prior section 504 was renumbered section 506 of this title.

-End-

-CITE-

31 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 505. Office of Information and Regulatory Affairs

-STATUTE-

The Office of Information and Regulatory Affairs, established

under section 3503 of title 44, is an office in the Office of

Management and Budget.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886, Sec. 503; renumbered

Sec. 505, Pub. L. 101-576, title II, Sec. 202(a), Nov. 15, 1990,

104 Stat. 2839.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

503 (no source).

--------------------------------------------------------------------

The section is included to provide in subchapter I of chapter 5

of the revised title a complete list of the organizational units

established by law that are in the Office of Management and Budget

or are subject to the direction and supervision of the Director of

the Office of Management and Budget.

AMENDMENTS

1990 - Pub. L. 101-576 renumbered section 503 of this title as

this section.

-End-

-CITE-

31 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 506. Office of Federal Procurement Policy

-STATUTE-

The Office of Federal Procurement Policy, established under

section 5(a) of the Office of Federal Procurement Policy Act (41

U.S.C. 404(a)), is an office in the Office of Management and

Budget.

-SOURCE-

(Added Pub. L. 97-452, Sec. 1(1)(A), Jan. 12, 1983, 96 Stat. 2467,

Sec. 504; renumbered Sec. 506, Pub. L. 101-576, title II, Sec.

202(a), Nov. 15, 1990, 104 Stat. 2839.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

504 (no source).

--------------------------------------------------------------------

The section is included to provide in subchapter I of chapter 5

of title 31 a complete list of the organizational units established

by law that are in the Office of Management and Budget or are

subject to the direction and supervision of the Director of the

Office of Management and Budget.

AMENDMENTS

1990 - Pub. L. 101-576 renumbered section 504 of this title as

this section.

-End-

-CITE-

31 USC Sec. 507 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 507. Office of Electronic Government

-STATUTE-

The Office of Electronic Government, established under section

3602 of title 44, is an office in the Office of Management and

Budget.

-SOURCE-

(Added Pub. L. 107-347, title I, Sec. 102(c)(1), Dec. 17, 2002, 116

Stat. 2910.)

-MISC1-

EFFECTIVE DATE

Section effective 120 days after Dec. 17, 2002, see section

402(a)(1) of Pub. L. 107-347, set out as a note under section 3601

of Title 44, Public Printing and Documents.

-End-

-CITE-

31 USC SUBCHAPTER II - ADMINISTRATIVE 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

SUBCHAPTER II - ADMINISTRATIVE

-End-

-CITE-

31 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 521. Employees

-STATUTE-

The Director of the Office of Management and Budget shall appoint

and fix the pay of employees of the Office under regulations

prescribed by the President.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

521 31:17(a)(related to June 10, 1921, ch. 18, Sec.

employees). 208(a)(related to employees),

42 Stat. 22; Reorg. Plan No. 1

of 1939, eff. July 1, 1939,

Sec. 1, 53 Stat. 1423; Reorg.

Plan No. 2 of 1970, eff. July

1, 1970, Sec. 102(a), 84 Stat.

2085.

--------------------------------------------------------------------

The words "attorneys and other" are omitted as being included in

"employees".

-End-

-CITE-

31 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 522. Necessary expenditures

-STATUTE-

The Director of the Office of Management and Budget may make

necessary expenditures for the Office under regulations prescribed

by the President.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

522 31:17(a)(related to June 10, 1921, ch. 18, Sec.

expenses). 208(a)(related to expenses),

42 Stat. 22; Reorg. Plan No. 1

of 1939, eff. July 1, 1939,

Sec. 1, 53 Stat. 1423; Reorg.

Plan No. 2 of 1970, eff. July

1, 1970, Sec. 102(a), 84 Stat.

2085.

--------------------------------------------------------------------

The words "for rent in the District of Columbia, printing,

binding, telegrams, telephone service, law books, books of

reference, periodicals, stationery, furniture, office equipment,

other supplies, and" are omitted as covered by titles 5, 40, and

44, and as being included in "necessary expenditures". The words

"within the appropriations made therefor" are omitted as

unnecessary.

-End-