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Office of Management and Budget [4]
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R. Glenn Hubbard's Files
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2014-0342-F
[
]
Monday, April 27, 2015
FOIA Marker
This is not a textual record. This FOIA Marker indicates that material has been removed
during FOIA processing by George W. Bush Presidential Library staff.
Council of Economic Advisers
Hubbard, R. Glenn - Subject Files
Location or
NARA Number:
FRC ID:
OA Number:
Stack: Row: Sect.: Shelf: Pos.:
Hollinger ID:
W
30
13
5
1
5648
18583
1403
1551
Folder Title:
Office of Management and Budget [4]
Withdrawn/Redacted Material
The George W. Bush Library
DOCUMENT FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
NO.
001
Memorandum
Memorandum - To: Department Heads and Agencies -
14
05/30/2002
P5;
From: John H. Marburger III, Mitch Daniels
002
Email
Legislative Referral Memorandum - To: Justice - From:
2
05/16/2002
P5;
Erin P. Hassing
003
Memorandum
[CEA Reply to] Memorandum for Designated Agency
1
04/30/2002 P5;
Heads
004
Memorandum
Memorandum for Designated Agency Heads - From:
1
04/29/2002
P5;
Philip J. Perry
005
Executive Order
[Proposed Executive Order]
1
N.D.
P5;
006
Note
Hand Written Note with attachments - From: Mitch E.
11
08/16/2001
P5;
Daniels
COLLECTION TITLE:
Council of Economic Advisers
SERIES:
Hubbard, R. Glenn - Subject Files
FOLDER TITLE:
Office of Management and Budget [4]
FRC ID:
5648
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
2014-0342-F
Page 1 of 2
This document was prepared on Thursday, July 16, 2015
Withdrawn/Redacted Material
The George W. Bush Library
DOCUMENT FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
NO.
007
Memorandum
Faxed Legislative Referral Memorandum - To: CEA -
6
07/27/2001
P5;
From: James A. Brown
008
Memorandum
Faxed copy and original Memorandum - To: Mac Reed -
2
07/25/2001 P5;
From: R. Glenn Hubbard
009
Memorandum
Memorandum - To: Agency Heads - From: Jay P.
1
07/19/2001
P5;
Lefkowitz
010
Draft
Draft Executive Order
11
07/19/2001
P5;
011
Memorandum
Memorandum with attachments - To: Agency Heads -
13
07/20/2001 P5;
From: Jay P. Lefkowitz
COLLECTION TITLE:
Council of Economic Advisers
SERIES:
Hubbard, R. Glenn - Subject Files
FOLDER TITLE:
Office of Management and Budget [4]
FRC ID:
5648
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial .
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
2014-0342-F
Page 2 of 2
This document was prepared on Thursday, July 16, 2015
Withdrawal Marker
The George W. Bush Library
FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
Memorandum
Memorandum - To: Department Heads and Agencies - From: John H.
14
05/30/2002
P5;
Marburger III, Mitch Daniels
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
Council of Economic Advisers
SERIES:
Hubbard, R. Glenn - Subject Files
FOLDER TITLE:
Office of Management and Budget [4]
FRC ID:
FOIA IDs and Segments:
5648
2014-0342-F
OA Num.:
1551
NARA Num.:
1403
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 4/15/2015 by WW
0
05/31/02
FRI 15:08 FAX
001
SS/ RM NO.
WHITE HOUSE STAFFING MEMORANDUM
Date: 5-31-02 2:45 PM ACTION / CONCURRENCE / COMMENT DUE BY: 6-1-02 3:00 PM
Subject: REALLOCATION OF FUNDS PROVIDED IN P.L. 107-38
ACTION FYI
ACTION FYI
VICE PRESIDENT
X
HUBBARD
CARD
E
HUGHES
x
BARTLETT
IRASTORZA
BLAKEMAN
JOHNSON
BOLTEN
LINDSEY
X
BRIDGELAND
MARBURGER
X
CALIO
MIERS
CONNAUGHTON
RICE
DANIELS
N
RIDGE
X
FLEISCHER
N
ROVE
X
GERSON
SPELLINGS
X
GONZALES
CLERK
HAGIN
HAWKINS
REMARKS:
PLEASE FORWARD YOUR COMMENTS TO BETH ROSSMAN, EXTENSION 54790/FAX 53729,
BY 3:00 PM TOMORROW AND SEND A COPY TO THE STAFF SECRETARY. THANK YOU.
CEA has no comment
RESPONSE:
Harriet E. Miers
Assistant to the President
and Staff Secretary
Ext. 62702
05/31/02
FRI 15:08 FAX
002
Estimate No.
107th Congress, 2nd Session
EXECUTIVE OFFICE OF THE PRESIDENT
URITED
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
THE DEPUTY DIRECTOR
May 31, 2002
The President
The White House
Submitted for your consideration is a request to reallocate funds provided in P.L. 107-38,
the Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist
Attacks on the United States, FY 2001. This request would reallocate funds previously
transferred from the Emergency Response Fund (ERF) to the Department of Defense (DOD) and
now transfer those funds to the Broadcasting Board of Governors (BBG).
Your request to the Congress of September 21, 2001, transferred funds to DOD for initial
crisis response. In light of changing security needs, the Administration now believes that a
portion of these funds would be better used to finance high-powered radio transmission
capability in Afghanistan to support U.S. international broadcasting activities and broadcasts by
the Afghan government. Establishing a 400-kilowatt medium wave (AM) transmitting system in
Kabul is the most effective means of ensuring nighttime radio coverage of virtually the entire
country. These funds will be used for the purchase and installation of transmitters and associated
infrastructure, as well as operational costs. This proposal would reallocate $10.2 million from
DOD to BBG for these activities. Pursuant to P.L. 107-38, these funds would be available
immediately.
I have carefully reviewed this proposal and am satisfied that it is necessary at this time.
Therefore, I join the the Broadcasting Board of Governors and the Secretary of Defense in
recommending your approval of the requested reallocation.
Sincerely,
Nay An
Nancy P. Dom
Deputy Director
Enclosure
05/31/02 FRI 15:08 FAX
003
THE WHITE HOUSE
WASHINGTON
Dear Mr. Speaker:
In furtherance of the provisions of Public Law 107-38, the
Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States, FY 2001,
today I am notifying Congress of my intent to reallocate funds
previously transferred from the Emergency Response Fund.
As provided in Public Law 107-38, $10.2 million will be made
available immediately to the Broadcasting Board of Governors
(BBG). These funds, originally transferred to the Department of
Defense, will support an urgent requirement for radio
transmitters in Afghanistan.
The details of this action are set forth in the enclosed
letter from the Deputy Director of the Office of Management and
Budget. I concur with the attached comments and recommendations.
Sincerely,
The Honorable J. Dennis Hastert
Speaker of the
House of Representatives
Washington, D.C. 20515
Enclosure
004
05/31/02
FRI 15:09 FAX
REALLOCATION OF AMOUNTS PREVIOUSLY APPROPRIATED AND
TRANSFERRED FROM THE EMERGENCY RESPONSE FUND
Broadcasting Board of Governors (BBG)
International Broadcasting Operations
$1.600,000
Broadcasting Capital Improvements
$8,600,000
The President's request to the Congress of September 21, 2001, transferred funds to the
Department of Defense for initial crisis response. In light of changing security needs, the
President is now reallocating $10.2 million to the BBG to support U.S. international broadcasting
activities and broadcasts by the Afghan government. These funds will be used for the purchase
and installation of transmitters and associated infrastructure, as well as related operational costs.
Pursuant to P.L. 107-38, these funds would be available immediately.
05/21/02
TUE 13:29 FAX
001
SS/ RM NO.
WHITE HOUSE STAFFING MEMORANDUM
Date: 05-21-02 1:00 PM ACTION / CONCURRENCE / COMMENT DUE BY: 05-21-02 2:30 PM
FY 2002 SUPPLEMENTAL APPROPRIATIONS FOR DEPARTMENT OF VETERANS
Subject: AFFAIRS (VA) AND THE LEGISLATIVE BRANCH
ACTION FYI
ACTION FYI
VICE PRESIDENT
HUBBARD
CARD
1
HUGHES
BARTLETT
IRASTORZA
BLAKEMAN
JOHNSON
BOLTEN
LINDSEY
BRIDGELAND
MARBURGER
CALIO
MIERS
CONNAUGHTON
RICE
DANIELS
RIDGE
FLEISCHER
ROVE
GERSON
SPELLINGS
GONZALES
CLERK
HAGIN
HAWKINS
REMARKS:
PLEASE FORWARD COMMENTS TO BETH ROSSMAN BY 2:30 P.M., TODAY, TUESDAY,
MAY 21, 2002, X54790, CELL (202) 395-2173, OR FAX 53729, WITH A COPY TO THE STAFF
SECRETARY'S OFFICE, X62702, OR FAX 62215. THANK YOU.
RESPONSE:
CCA has NO Commert
Duo
Harriet E. Miers
Assistant to the President
and Staff Secretary
Ext. 62702
05/21/02
TUE 13:29 FAX
4
002
Estimate No.
107th Congress, 2nd Session
EXECUTIVE OFFICE OF THE PRESIDENT
STATE SECURITY OBTINO in OFFICE
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
THE DIRECTOR
The President
The White House
Submitted for your consideration are requests for FY 2002 supplemental appropriations
for the Department of Veterans Affairs (VA) and the Legislative Branch, as well as a request to
make available previously appropriated contingent emergency funds for the Department of the
Interior (DOI).
FY 2002 Supplementals
The FY 2002 supplemental request for VA would provide an additional $1.1 billion,
which is necessary to ensure payment of mandatory disability compensation and pension benefits
to veterans and their families. Accelerating the consideration of backlog claims necessitates this
technical change and does not affect the discretionary spending cap and is not subject to pay-as-
you-go requirements.
The FY 2002 Budget anticipated a higher number of payments because of your initiative
to speed up the processing time for veterans' disability claims: VA performance has exceeded
those expectations. When a new disability or pension claim is approved the veteran receives a
monthly check and a lumpsum retroactive check for all payments back to the date that the claim
was initially submitted. The retroactive lumpsum payments, as well as the new monthly benefits
to be paid are now estimated to be $1.1 billion more than anticipated. Absent this adjustment,
there would be insufficient funds in September to pay the benefits of 2.5 million veterans.
This request draws attention to a requirement for legislative action. Your FY 2003
Budget requested an appropriation for an indefinite amount for VA's entitlement programs
similar to the treatment of other mandatory programs. Indefinite appropriations language for
VA's disability compensation, pension, burial, education, insurance, and vocational rehabilitation
programs would eliminate the need for future incremental appropriations and ensure that
veterans promptly receive the benefits this Nation owes them.
This transmittal also contains requests for FY 2002 supplemental appropriations, totaling
$7.9 million, for the Legislative Branch. As required by law, appropriation requests for the
Legislative Branch are transmitted without change.
05/21/02
TUE 13:29 FAX
0
003
Emergency Designation
Title I of P.L. 107-63, the Department of the Interior and Related Agencies Appropriations
Act, 2002, provided $54.0 million in contingent emergency funding to DOI's Bureau of Land
Management to address wildland firefighting needs. Your approval of this request would make these
funds available for emergency fire suppression and burned area rehabilitation.
I recommend that you designate this request for $54.0 million as an emergency requirement in
accordance with section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended. No further congressional action will be required.
Recommendation
I have carefully reviewed these proposals and am satisfied that they are necessary at this
time. Therefore, I join the Secretaries of the Departments of the Interior and Veterans Affairs in
recommending that you transmit these proposals to the Congress.
Sincerely,
Mitchell Daniels, Jr.
Director
Enclosures
05/21/02 TUE 13:29 FAX
4
004
THE WHITE HOUSE
WASHINGTON
Dear Mr. Speaker:
I ask the Congress to consider the enclosed request for
an FY 2002 supplemental appropriation for the Department of
Veterans Affairs (VA). This request is for an increase in the
mandatory cost of disability compensation and pension benefits
for veterans.
During the current year, VA has made dramatic improvements
processing claims, significantly accelerating the rate of pay-
ments. This supplemental request for $1.1 billion is needed
to help pay the benefits associated with reducing the backlog
of claims from previous years. Absent this adjustment, there
would be insufficient funds in September to pay the 2.5 million
veterans who are entitled to benefits.
This transmittal also contains requests for FY 2002 supplemental
appropriations for the legislative branch. As a matter of
comity, appropriations requests of the legislative branch are
transmitted without change.
Furthermore, in accordance with provisions of Public
Law 107-63, the Department of the Interior and Related Agencies
Appropriations Act, 2002, I hereby request and make available
$54.0 million in emergency appropriations for the Department of
the Interior's Bureau of Land Management. These emergency funds
will be used to undertake necessary rehabilitation projects on
lands damaged by wildland fires and to support fire suppression
activities. I hereby designate this amount as an emergency
requirement in accordance with section 251 (b) (2) (A) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
05/21/02
TUE 13:30 FAX
005
2
The details of these requests are set forth in the enclosed
letter from the Director of the Office of Management and Budget.
I concur with his comments and observations.
Sincerely,
The Honorable J. Dennis Hastert
Speaker of the
House of Representatives
Washington, D.C. 20515
Enclosure
05/21/02
TUE 13:30 FAX
006
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
Compensation and Pensions
For an additional amount for "Compensation and Pensions," $1,100,000,000, to remain
available until expended.
This proposal would provide an additional $1.1 billion to ensure payment of mandatory
disability compensation and pension benefits to veterans and their families. Dramatic
improvements in processing of older claims, and the associated number of back payments, have
resulted in more claims than projected for FY 2002. Absent this adjustment, there would be
insufficient funds to pay all of these mandatory benefits for the remainder of the current fiscal
year.
05/21/02
TUE 13:30 FAX
1
007
LEGISLATIVE BRANCH
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
For an additional amount for "Congressional Printing and Binding," $5,875,000.
This request would support unanticipated Congressional Printing and Binding funding
requirements based on current workload. This activity provides information products and
services requested by, and delivered to, the Congress.
/
05/21/02
TUE 13:30 FAX
1
008
LEGISLATIVE BRANCH
GOVERNMENT PRINTING OFFICE
Government Printing Office Revolving Fund
For payment to the "Government Printing Office Revolving Fund," for remediation of
asbestos in Government Printing Office buildings, $2,000,000, to remain available until
expended.
This request would provide $2.0 million to fund asbestos abatement in Government
Printing Office buildings. This is necessary to ensure the safety of employees and members of
the public and to comply with standards requiring the abatement of friable asbestos.
05/21/02
TUE 13:30 FAX
009
EMERGENCY APPROPRIATIONS: AMOUNTS PREVIOUSLY APPROPRIATED
MADE AVAILABLE BY THE PRESIDENT
Department of the Interior (DOI)
Bureau of Land Management
Wildland Fire Management
$54,000,000
Title I of P.L. 107-63, the Department of the Interior and Related Agencies Appropriations
Act, 2002, provided $54.0 million to DOI for emergency wildland firefighting needs. The
availability of this funding was contingent upon the President submitting a budget request to the
Congress and designating the entire $54.0 million as an emergency requirement. The President has
designated this amount as an emergency requirement, making the funds available for emergency fire
suppression and burned area rehabilitation.
-COMM. JOURNAL
DATE MAY-17-2002
*****
TIME
13:58
MODE = MEMORY TRANSMISSION
START=MAY-17 13:57
END=MAY-17 13:58
FILE NO. =449
STN NO.
COMM.
ABBR NO.
STATION NAME/TEL NO.
PAGES
DURATION
001
OK
8
56148
002/002 00:00:29
-EOP-CEA
-EOP-CEA
202 395 6958-
Kale
From Diane
From
From:
Erin P. Hassing on 05/16/2002 03:05:45 PM
Record Type:
Record
CEA Comments
To:
[email protected] [email protected]
CC:
See the distribution list at the bottom of this message
are attached are
Subject: LRM EPH150 Office of Personnel Management Report on Extending FEGLI benefits to Article III
Judges
KB
LRM ID: EPH150
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Thursday, May 16, 2002
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Legislative Liaison Officer - See Distribution below
FROM:
Ingrid M. Schroeder (for) Assistant Director for Legislative Reference
OMB CONTACT:
Erin P. Hassing
PHONE: (202)395-3459 FAX: (202)395-6148
SUBJECT:
Office of Personnel Management Report on Extending FEGLI benefits to
Article III Judges
DEADLINE:
COB Monday, May 20, 2002
In accordance with OMB Circular A-19, OMB requests the views of your agency on the above subject
before advising on its relationship to the program of the President. Please advise us if this item will
affect direct spending or receipts for purposes of the "Pay-As-You-Go" provisions of Title XIII of
the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: Attached for your review are OPM's letter and the draft bill to which it refers. OPM received
an advance copy of the draft bill and was asked to comment on it before its introduction. Please submit all
comments by COB Monday, May 20th.
OPM Letter and Shay DB:PD
DISTRIBUTION LIST
AGENCIES:
061-JUSTICE - Daniel Bryant - (202) 514-2141
118-TREASURY - Thomas M. McGivern - (202) 622-2317
EOP:
WHGC LRM
OVP LRM
James C. Capretta
Withdrawal Marker
The George W. Bush Library
FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
Email
Legislative Referral Memorandum - To: Justice - From: Erin P. Hassing
2
05/16/2002
P5;
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
Council of Economic Advisers
SERIES:
Hubbard, R. Glenn - Subject Files
FOLDER TITLE:
Office of Management and Budget [4]
FRC ID:
FOIA IDs and Segments:
5648
2014-0342-F
OA Num.:
1551
NARA Num.:
1403
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal
privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 4/15/2015 by WW
OFFICE OF THE PRESIDENT SIATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
May 3, 2002
THE DIRECTOR
M-02-08
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
FROM:
Mitchell E. Daniels, Jr. MED.J
Director
SUBJECT:
Redundant Information Systems Relating to On-Line Rulemaking Initiative
One of the key goals of the President's E-Government initiative is to make it easy for
citizens to get service from their government. At the top of the list must be making it easier for
citizens and businesses to participate in the regulatory process. Accordingly, the On-Line
Rulemaking Management E-Government initiative (OLRM) is focused on creating a simple
web-based tool for viewing and commenting on proposed regulations. The potential benefit to
citizens and businesses in this area is dramatic. A recent E-Government survey by the Pew
Foundation showed that 23 million Americans used the Internet to comment on proposed
government rules, regulations, and policies in 2001.
The purpose of this memorandum is to advise agency heads of our intention to
consolidate redundant IT systems relating to the President's on-line rulemaking initiative.
Redundant systems make it difficult to find and comment on the large number of proposed
regulations-and create performance gaps in the form of reduced customer service and lead to
duplicative spending. Consolidating technology investments will better serve citizens by
decreasing existing islands of automation and minimizing government costs.
Pursuant to Section 5113 of the Clinger-Cohen Act of 1996, OMB is required to evaluate
information resources management practices of the executive agencies with respect to the
performance and results of information technology investments. OMB has already identified
several potentially redundant systems across the federal government that relate to the rulemaking
process. In some cases, these systems may have purposes other than regulatory development;
this initiative focuses on the regulatory development process. Spending on these systems totals
nearly $28 million in 2002 and is projected to grow to more than $32 million in 2003. A list of
such systems includes but is not limited to the following:
Agency
System
FY '02
FY '03
DOT
Docket Management System
--
--
DOL/OSHA
Technical Information and Retrieval System
$1.2 million
$1.3 million
DOD
Electronic Rulemaking Management System
--
--
EPA
Regulatory Public Access System
$2.9 million
$2.9 million
GSA/OMB
RISC/OIRA Consolidated Information System
$2.0 million
$2.0 million
HHS/FDA-CBER
Electronic Document Room
$1.73 million
$7.2 million
HHS/FDA-CFSAN
Food Additive Regulatory Management System
$1.7 million
$1.45 million
HHS/FDA
Agency Information Management System
$2.28 million
$1.59 million
USDA
APHIS Information Technology Infrastructure
$15.9 million
$15.9 million
The Department of Transportation, the Managing Partner of the OLRM initiative, is
working with the other initiative partners to develop a new business case that will include a
technical assessment of the various systems and for integration of the Federal Register's e-docket
system with FirstGov. OMB is reviewing funding that supports online rulemaking as well as
other related technology investments and similar efforts in other agencies. OMB staff may
contact your agency for help in obtaining this information. Once these funds are identified,
OMB (working with the OLRM initiative team) will conduct analysis, identify redundant
technology investments, and see if any agency achievements could serve as "best practices" for
the OLRM initiative. Please take whatever steps are necessary to facilitate your agency's
response to this effort.
Under the first phase of this initiative, OMB will review the business cases for the
identified redundant systems and work closely with the OLRM initiative team to develop the
criteria for conducting the technical assessment. The assessment and business case will
document on-line features and functions needed for citizens to easily find and comment on
proposed regulations. Based on the results from the assessment, a single, front-end web
application for receiving public comments on proposed agency rules will be leveraged and used
by federal rulemaking agencies. Phase I of the OLRM will be completed by December 31, 2002.
Following phase I, the assessment will also document the capability of any "back-end"
regulatory/knowledge management system that is currently being utilized or developed by the
agencies as part of phase II. Phase II will consolidate duplicative "back-end" information
technology systems and deploy an integrated solution built on an existing system and processes.
Phase II is expected to be completed by December 31, 2003.
Pursuant to section 5113(b)(5)(B) of the Clinger Cohen Act, affected agency IT spending
for on-line rulemaking systems must conform to the OLRM program plan. OMB will apportion
funds consistent with a migration plan developed by the OLRM initiative team and approved by
the President's Management Council.
The OMB point of contact for this initiative is Tad Anderson, Government-to-Business
Portfolio Manager, 202-395-7923, [email protected]
OFFICE PIN PRESIDENT UNITED $
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
May 3, 2002
THE DIRECTOR
M-02-07
MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
FROM:
Mitchell E. Daniels, Jr. MED.J.
SUBJECT: Procurement of Printing and Duplicating through the Government Printing Office
This memorandum sets forth Executive Branch policy with respect to the use of the
Government Printing Office (GPO) in handling departmental and agency printing and
duplicating needs.
The GPO is a congressional entity controlled by the Joint Committee on Printing. While
GPO was originally created to fulfill the printing needs of Congress, Congress has since
expanded the role of GPO by requiring that essentially all Executive Branch printing, binding,
and substantial reproduction be done by or through GPO.¹ In 1996, however, the Department of
Justice's Office of Legal Counsel issued an opinion concluding that Congress could not
constitutionally obligate Executive Branch departments and agencies to utilize GPO.²
Nonetheless, to date the Executive Branch has taken no actions to introduce competition into
Executive Branch printing. The time has come for the Executive Branch to liberate its agencies
from a monopoly that unfairly penalizes both taxpayers and efficient would-be competitors.
In FY 2001, GPO charged federal departments and agencies $553 million for printing and
duplicating. The vast majority of these costs, however, were for work that GPO contracted out
to the private sector. Indeed, in FY 2001, GPO performed only 16% of this printing work in-
house, and contracted with private printing enterprises for the remaining 84%. When GPO
contracts out with the private sector, it:
charges the department or agency for the cost of the private printing plus a 7%
premium, which doubles to 14% if lead time is ten or fewer days;3
charges an additional processing fee of $7.50-$15.00 per order, and
1
See 44 U.S.C. § 501 and other authorities. At times, GPO has also interpreted this authority as covering electronic
transmissions, such as dissemination by publication on websites.
2
See Memorandum from Walter Dellinger, Assistant Attorney General, to Emily C. Hewitt, General Counsel,
General Services Administration, May 31, 1996 at 1.
3
GPO charges a 7% to 14% premium for contracted work until it recoups $20,000 (which occurs on work orders
priced over $285,715). After GPO recovers the initial $20,000 premium amount, the 7% to 14% premium decreases
to 0.5% for the duration of the price of the order.
E/I
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OI
MAY-03-02 14:54 FROM:OMB ADMIN CU
retains all discounts for prompt payment (usually around 5%) offered by private
printers, rather than passing this savings to the department or agency.
These premiums and fees combined likely cost the Executive Branch $50 million to $70
million per year, if not more, for work that GPO contracts out to private printers. And even
when GPO performs the work in-house, GPO charges departments and agencies a 35% premium
if the lead time is ten or fewer days.
While the Executive Branch has long recognized GPO's technical expertise in many
specialized areas, rapid developments in information technology have "chang[ed] the way words
and images are put on paper" and "blurr[ed] traditional notions of printing and duplicating."⁴
These developments have led past Administrations, and even the Legislative Branch, to re-
evaluate the role of the GPO in Executive Branch printing and duplicating over the past decade.
In 1994 President Clinton stated that comprehensive reform of Federal printing could "improve
the efficiency and cost-effectiveness of Government printing by maximizing the use of private
sector printing capability through open competitive procedures and by limiting Government-
owned printing resources to only those necessary to maintain a minimum core capacity." More
recently, David M. Walker, Comptroller General of the United States, testified:
GPO's monopoly-like role in providing printing services perpetuates inefficiency
because it permits GPO to be insulated from market forces and does not provide
incentives to improve operations that will ensure quality services at competitive
prices. Federal agencies could be given the authority to make their own printing
policies, requiring GPO to compete with private sector printing service providers.⁶
It is the policy of this Administration to ensure that the federal government receives the
best possible deal when spending taxpayers' money. Taxpayers tend to benefit most from open
competition, rather than government monopolies. Accordingly, Executive Branch departments
and agencies should not be required to select GPO when more efficient and cost-effective
options are available through the private sector or other avenues. As a matter of Administration
policy, Executive Branch departments and agencies should address their printing and duplicating
needs under the following guidelines:
Executive Branch departments and agencies should select printing and duplicating
services based upon the best quality, cost, and time of delivery.
4
Memorandum from then Acting OMB Director Alice M. Rivlin to Heads of Departments and Agencies,
September 19, 1994 at 1 ("Rivlin Memo").
5
Statement on Signing the Legislative Branch Appropriations Act of 1995, 30 Weekly Comp. Pres. Doc. 1541
(July 22, 1994). See also Rivlin Memo at 1 (stating that government printing reform "should improve the efficiency
and cost effectiveness of government printing and duplicating by maximizing the use of private sector printing and
duplicating capability through open competitive procedures").
"
See Statement of David M. Walker, U.S. Senate Committee on the Budget, February 1, 2000 at 6-7.
2
2/3
PAGE
OI
MAY-03-02 14:55 FROM OMB ADMIN CU
If GPO can provide the better combination of quality, cost, and time of delivery,
and if the criteria of 31 U.S.C. § 1535 and 48 CFR § 17.503 (if applicable) are
met, then Executive Branch departments and agencies may continue to use GPO
printing services. Whenever the private sector can provide the better combination
of quality, cost, and time of delivery, the department or agency should contract
with the private sector. This policy applies to printing or duplicating orders that
are valued at more than $1,000 or that are of a continuing or repetitive nature.⁷
The OMB Office of Federal Procurement Policy will make available more
detailed guidance on applicable procedures and practices before this policy takes
effect.
Subject to OMB Circular A-76, Executive Branch departments and agencies may
rely upon agency in-house printing and duplicating operations and agency cross-
servicing arrangements only when such in-house operations and agency cross-
servicing arrangements offer the best combination of quality, cost, and delivery,
based upon a full account of all costs. Otherwise, Executive Branch departments
and agencies should use GPO or private contractors.
Departments and agencies are to provide an annual report to the Director of the
Office of Management and Budget on the overall cost of their printing and
duplicating operations. Reports are to include a full accounting of all costs of
work performed by GPO, work performed in-house, and work contracted directly
to the private sector.⁸
Accordingly, OMB is recommending that the Federal Acquisition Regulatory Council
amend 48 CFR Subpart 8.8 to reflect this policy. Executive Branch departments and agencies
that are subject to the Federal Acquisition Regulation should comply with the policies set forth
herein upon publication of a FAR rule implementing this Memorandum. All other Executive
Branch departments and agencies should comply with the policies set forth in this Memorandum
on or before September 1, 2002. For questions regarding changes to 48 CFR Subpart 8.8 or
other related acquisition issues, please contact Mr. Robert Burton, Acting Associate
Administrator of OMB's Office of Federal Procurement Policy, at 202-395-3302.
7 This policy does not apply to printing for the Central Intelligence Agency, the Defense Intelligence Agency,
National Imagery and Mapping Agency, the National Security Agency, or other printing that, for reasons of national
security, a head of a department or agency determines should not be contracted out to GPO or to the private sector.
$ Departments and agencies shall continue to ensure that all government publications, as defined in 44 U.S.C. Part
19, are made available to the depository library program through the Superintendent of Documents.
3
E/E
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MAY-03-02 14:55 FROM OMB ADMIN CU
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DISTRIBUTION LIST
Honorable John Ashcroft
United States Attorney General
Honorable Elaine L. Chao
Secretary
Department of Labor
Honorable Norman Y. Minetta
Secretary
Department of Transportation
Honorable Kay Coles James
Director
Office of Personnel Management
Honorable Condoleezza Rice
Assistant to the President
for National Security Affairs
Honorable Margaret Spellings
Assistant to the President
for Domestic Policy
Honorable Larry Lindsey
Director
National Economic Council
Honorable R. Glenn Hubbard
Chairman
Council of Economic Advisers
Honorable Harriet Miers
Staff Secretary to the President
Honorable Alberto R. Gonzales
Counsel to the President
Honorable Karen Hughes
Counselor to the President
Honorable Albert Hawkins
Assistant to the President
and Cabinet Secretary
Honorable Nick Calio
Assistant to the President
for Legislative Affairs
Honorable Karl Rove
Senior Advisor to the President
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Counsel to the Vice President
Honorable Clay Johnson
Director of Presidential Personnel
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Director
Office of Administration
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EXECUTIVE OFFICE OF THE PRESIDENT
R
UNITED
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. -/ - 20503
OFFICE OF FEDERAL
February 27, 2002
PROCUREMENT POLICY
M-02-04
MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
FROM:
Angela Administrator B. Styles Angen B. Style
SUBJECT:
Year 2002 Inventory of Commercial Activities
The "Federal Activities Inventory Reform Act of 1998," P.L.105-270 (the FAIR Act),
requires Federal agencies to prepare and submit to OMB, by June 30 of each year, inventories of
their commercial activities performed by Federal employees. OMB is required to review each
agency's inventory and consult with the agency regarding its content. Upon completion of the
review and consultation, OMB is required to list the available inventories in the Federal Register
and the agency head must transmit a copy of the inventory to the Congress and make it available
to the public. The FAIR Act then establishes a two-step administrative challenge and appeals
process under which an interested party may challenge an agency head's omission or inclusion of
a particular activity on the inventory.
The President's Management Agenda highlights this Administration's government-wide
management initiatives, including the need to expand competition and to produce a more
accurate FAIR Act inventory of commercial functions performed by federal employees. OMB
has made important changes to the process to streamline and improve the effectiveness of this
important information. Please ensure that your inventories, as described below, are received by
OMB not later than June 30, 2002. The year 2002 inventory will be the fourth FAIR Act
inventory of commercial activities.
The Year 2002 agency inventories will be submitted in accordance with the guidance
issued last year with several amendments, as follows. Last year's guidance can be found at the
OMB website at: http://www.whitehouse.gov/omb/procurement/fair-index.html
1.
The Year 2002 Inventory format is attached. To improve the consistency of commercial
and inherently governmental inventories on a government-wide basis, agencies will
submit their 2002 inventories to OMB using the Excel spreadsheet that is available on the
OMB web-site. This spreadsheet and the associated worksheets, include information to
help agencies compile and verify the accuracy of their inventories and will permit OMB
to analyze inventories within and across agencies. Each agency shall submit a completed
spreadsheet, via email, to their OMB Resource Management Office representative and to
Office of Federal Procurement Policy (OFPP). Each agency will also send one hard copy
of the inventory to the same points of contact.
2
2.
The Function/Activity Codes to complete the 2002 FAIR Act inventory of commercial
activities are provided on the OMB website. The Function Codes provide a standardized
tool for an agency to describe activities as commercial or inherently governmental in
nature, based on the agency's application of the criteria in OFPP Policy Letter 92-01 and
the FAIR Act. Agencies must use the listed OMB Function Codes in their June 2002
submission, unless a deviation is approved, in advance, by OMB.
3.
A list of OMB Function Code definitions developed by the Department of Defense is
provided for agency use on the OMB website. Civilian agencies may use these
definitions or may tailor them to reflect their individual missions and requirements. Use
of these definitions will facilitate consistency within and across agencies.
4.
For 2002, agencies will provide to OMB a single inventory submission that reflects both
the agency's civilian inherently governmental FTE and civilian commercial FTE, by
location and function. Upon completion of OMB's review and consultation with the
agency regarding the content of this submission, each agency shall provide a separate
report listing only the agency's commercial civilian FTE to the Congress and the public
in accordance with the requirements of the FAIR Act. Agencies should anticipate the
possibility that after review and consultation, OMB may request the release of inherently
governmental inventories.
5.
Each agency will include the following as a part of their Year 2002 Annual Report on
Agency Management of Commercial Activities, required at Appendix 2, paragraph I., of
the OMB Circular A-76 Revised Supplemental Handbook:
A summary table showing the total number of commercial FTE and inherently
governmental FTE by department/agency and by sub-agency/bureau, with
respective percentages. This summary will reflect the same departmental, agency
and sub-bureau designations as provided in the inventory.
A summary table showing the total number of commercial FTE and inherently
governmental FTE funded through reimbursable agreements, by department/agency
and by sub-agency/bureau. Total direct funded and reimbursable funded FTE are
provided on one of the worksheets available on the OMB web-site.
As noted in the President's August 2001 Management Agenda, the Competitive
Sourcing Initiative begins with the development of a complete and accurate FAIR
Act inventory of commercial activities. As a result of these amendments, OMB
expects to conduct a more thorough review of agency inventory submissions and
will seek improved consistency within and among agencies in the determination of
what is commercial or inherently governmental. The OFPP Policy Letter 92-1,
dated September 23, 1992 (Federal Register, September 30, 1992, page 45096),
provides detailed guidance on the identification of inherently governmental
3
activities. In conducting its statutory review and consultation regarding the 2002
submissions, OMB will also focus on the following:
Does the inventory reflect complete, separable and recurring commercial functions?
FTE should not be eliminated from the FAIR Act inventory based upon existing
organizational structures, if doing so would result in the elimination of work that
would otherwise be included in the scope of a full performance service contract.
Is the use of Reason Code "A" justified? The use of Reason Code "A" should be
the exception and not the rule for any agency FAIR Act inventory. OMB may
request copies of the required written justifications signed by the agency head for
each application of Reason Code "A."
Has Reason Code "C" been properly applied? OMB has included, as a part of the
2002 FAIR Act Inventory worksheets, a detailed break-out of Reason Code "C."
Please address any questions regarding the development of the Year 2002 FAIR Act
inventory or the 2002 inventory of inherently governmental positions to Mr. David Childs,
Office of Federal Procurement Policy, at (202) 395-6104.
Attachment
Attachment
Content and Format of Inventories
To improve the consistency of commercial and inherently governmental inventories on a
government-wide basis, agencies will submit FY 2002 inventories to OMB using an Excel
spreadsheet. The spreadsheet is available from the OMB website at:
http://www.whitehouse.gov/omb/procurement/fair-index.lhtml The information required in the
2002 submissions is described below.
Each department and agency will submit a completed spreadsheet via email to their
normal points of contact in OMB's Resource Management Organization and OFPP. Each
department and agency will also send one hard copy of the inventory to the same points of
contact.
Organizational unit
Agency
Enter 3-Digit Agency Code published in
3-char limit
Circular A-11, Appendix C.
Bureau
Enter Bureau Code published in Circular A-11,
2-char limit
Appendix C.
Organization Unit
Enter Abbreviation that corresponds to the
15-char limit
abbreviation
agency and bureau, e.g., FHA could be used for
the Federal Highway Administration in the
Department of Transportation.
Location
City
Enter City Name
25-char limit
State
Enter Two letter Abbreviation used by the US
Blank when the
Postal Service. Abbreviations are provided at:
location is not in the
http://new.usps.com/cgi-
United States.
bin/uspsbv/scripts/content.jsp?D=14435#abbr
Country
Enter US - United States
Spell out all other countries
Status of Full-Time Equivalent Employees (FTEs)
FTEs
Enter FTEs for the activity. Round to the nearest
See Additional Notes
whole number.
below.
Activity Function
Enter a Function Code for each applicable Status
See Attachment 2 of
Code
Code.
this memorandum for
valid codes.
2
Status
Enter
The new data element
C - Commercial
allows agencies to
or
submit a single Year
I - Inherently governmental
2002 Report to OMB.
Reason Code
Enter the Reason Code for Commercial Activity
Reason codes appear
(Status) functions only - reason that it is subject
in Appendix 2 of the
or not subject to cost comparison or direct
A-76 RSH and OMB
conversion.
M-00-11.
Reason Sub Code
When using Reason Code "C," enter a reason
See Additional Notes
sub-code that annotates the reason.
below.
Use only with Reason Code "C."
Additional Information
Year that activity
Enter year. Initial value was 1999. Applies only
Blank when the status
first appeared on
to commercial Activities - Required by FAIR
(above) is inherently
FAIR Act Inventory
Act.
governmental.
Year of Cost
Applicable to commercial function status only.
Blank when not
Comparison or
applicable.
Conversion Decision
CIV/FTE savings in
Enter FTEs. Round to nearest whole number.
Zero when not
thousands
applicable.
Estimated annualized
Enter dollars.
Zero when not
cost comparison
applicable.
savings in thousands
Date of Completed
Enter year. Applicable to commercial function
Leave blank if not
Post-MEO
status only.
performed.
Performance Review
Contact Information (for Federal employee(s) knowledgeable of program)
Contact Last Name
Enter name of person responsible for activity or
20-char limit
contact person for commercial and inherently
governmental status.
Contact First Name
15-char limit
Contact Prefix
Optionally enter Miss, Mr., Ms., Mrs.
5-char limit
Contact Suffix
Optionally enter Jr., Sr., II, III
5-char limit
Contact E-Mail
35-char limit
Contact Phone No.
20-char limit
3
ADDITIONAL NOTES:
1.
FTEs
The inventory format that agencies will download from OMB's website includes the total
number of FTEs published in the current year column of the President's Budget. Agencies must
provide a separate written explanation if the FTEs listed on their inventory submission (both
commercial and inherently governmental) do not match, when aggregated at agency\bureau, the
current year FTE levels published in the Presidents Budget.
2.
APPLICATION OF NEW REASON CODE "C" SUB-CODES
Agencies will use the following sub-codes for each function that is assigned Reason Code
"C."
Sub-code
Description
ExecOrder
Executive Order. The Executive Order should be provided as a part of
the accompanying Management Plan.
Defense
National Defense/Security Determination. The written determination
should be provided as a part of the Management Plan.
Patient
Direct Patient Care. The written determination should be provided as a
part of the Management Plan.
Core
Core Capability.
R&D
Research and Development.
NSCSA
No satisfactory Commercial Source Available. The written
determination should be provided as a part of the Management Plan.
LE10FTE
Ten or Fewer FTE.
IPSAM
Industry Performance Standards Are Met. The written determination
should be provided as a part of the Management Plan.
3. REPORTING EXEMPTIONS GRANTED BY CONGRESS
The OMB Circular No. A-76 -- Revised Supplemental Handbook allows agencies to use
Reason Code "C" to exempt FTEs by Congress. Agencies must use Reason Code "G" to show
FTEs that are exempt by Congress\as a result of legislation.
EXECUTIVE OFFICE OF THE PRESIDENT
DECUTIVE UNITED OFFICE #1# TENDENT
OFFICE OF maNaGEMENT AND BUDGET
WASHINGTON, D.C. 20503
February 7, 2002
MEMORANDUM FOR DESIGNATED AGENCY HEADS
(SEE ATTACHED DISTRIBUTION LIST)
FROM:
Rebecca Acting General Beynon Counsel 2Bgr
SUBJECT:
Proposed Executive Entitled "President's Board of Advisors on Historically Black
Colleges and Universities"
Attached is a revised proposed executive order entitled "President's Board of Advisors on
Historically Black Colleges and Universities," which was prepared by the White House Domestic
Policy Council. It was revised based on comments received by the agencies pursuant to the
September 10, 2001, circulation of the order
On behalf of the Director of the Office of Management and Budget, I would appreciate
receiving any comments you may have concerning this proposal. If you have any comments or
objections, they should be received no later than 12:00 noon, Friday, February 8, 2002. Please be
advised that agencies that do not respond by the deadline will be recorded as not objecting to the
proposal.
Comments or inquiries may be submitted by telephone to Mr. Mac Reed (202-395-3563)
of this office or fax to 202-395-7294.
Thank you.
no Comment
in to
Attachments - Distribution List
Proposed Executive Order
cc: Mitch Daniels
Mark Everson
Mark Forman
John Graham
Austin Smythe
Steve McMillin
Jim Capretta
Marcus Peacock
2-8
Robin Cleveland
Eric Pelletier
Trent Duffy
Amy Smith
Dick Emery
Angela Styles
Please
call and
per 1140 "DF.R
40
say CEA has
nc comments.
DISTRIBUTION LIST
Honorable Colin Powell
Secretary
Department of State
Honorable Paul H. O'Neill
Secretary
Department of the Treasury
Honorable Donald Rumsfeld
Secretary
Department of Defense
Honorable Ann M. Veneman
Secretary
Department of Agriculture
Honorable Mel Martinez
Secretary
Department of Housing and Urban Development
Honorable John Ashcroft
United States Attorney General
Honorable Donald L. Evans
Secretary
Department of Commerce
Honorable Norman Y. Mineta
Secretary
Department of Transportation
Honorable Gale Norton
Secretary
Department of the Interior
Honorable Elaine L. Chao
Secretary
Department of Labor
Honorable Roderick R. Paige
Secretary
Department of Education
Honorable Spencer Abraham
Secretary
Department of Energy
Honorable Tommy G. Thompson
Secretary
Department of Health and Human Services
Honorable Anthony J. Principi
Secretary
Department of Veterans Affairs
Honorable Christine Todd Whitman
Administrator
Environmental Protection Agency
Honorable George Tenet
Director
Central Intelligence Agency
Honorable Kay Coles James
Director
Office of Personnel Management
Honorable Sean O'Keefe
Administrator
National Aeronautics and Space Administration
Honorable Stephen A. Perry
Administrator
General Services Administration
Honorable Condoleezza Rice
Assistant to the President
for National Security Affairs
Honorable Cliff Gabriel
Acting Director
Office of Science and Technology Policy
Honorable Margaret Spellings
Assistant to the President
for Domestic Policy
Honorable R. Glenn Hubbard
Chairman
Council of Economic Advisers
Honorable Alberto R. Gonzales
Counsel to the President
Honorable Lewis Libby
Chief of Staff to the Vice President and
Assistant to the Vice President for National Security Affairs
Honorable Harriet Miers
Staff Secretary to the President
Honorable Clay Johnson
Director of Presidential Personnel
Honorable Larry Lindsey
Director
National Economic Council
Honorable Karen Hughes
Counselor to the President
Honorable Karl Rove
Senior Advisor to the President
Honorable Nick Calio
Assistant to the President and
Director of Legislative Affairs
Honorable Albert Hawkins
Assistant to the President and
Cabinet Secretary
Honorable Phillip D. Larsen
Director
Office of Administration
DRAFT
2-7-2002
Executive Order
3:00p.m
PRESIDENT'S BOARD OF ADVISORS ON HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES
By the authority vested in me as President by the Constitution and the laws of the United
States of America, in order to advance the development of the Nation's full human potential, to
strengthen the capacity of Historically Black Colleges and Universities to provide the highest
quality education, and to increase opportunities for these institutions to participate in and benefit
from Federal programs, it is hereby ordered as follows:
Section 1. There is established, in the Office of the Secretary of Education, a Presidential
advisory committee that is entitled the "President's Board of Advisors on Historically Black
Colleges and Universities" ("Board"). The Board shall prepare and issue an annual report to the
President on the results of the participation of Historically Black Colleges and Universities in
Federally-sponsored programs. The Board also shall provide advice to the President and to the
Secretary of Education ("Secretary") regarding the infrastructure, academic program, and faculty
and institutional development needs of Historically Black Colleges and Universities. In the annual
report to the President, the Board shall make recommendations on how to increase the private-
sector role, including the role of private foundations, in strengthening Historically Black Colleges
and Universities. Particular emphasis should be given to enhancing institutional planning and
development, strengthening fiscal stability and financial management, and improving institutional
infrastructure, including the use of technology, to ensure the long-term viability and enhancement
of these institutions.
Sec. 2. The Board shall be appointed by the President. There shall be appointed to the
Board sitting presidents of Historically Black Colleges and Universities, representatives of other
higher education institutions, business and financial leaders, representatives of private
foundations, and secondary school administrators.
Sec. 3. The White House Initiative on Historically Black Colleges and Universities
("Initiative"), located in the Office of the Secretary of Education, shall: (1) provide the staff,
resources, and assistance to the Board; (2) assist the Secretary in the performance of the role of
liaison between the executive branch and Historically Black Colleges and Universities; and (3)
serve the Secretary in carrying out the responsibilities described in section 6 of this order.
Sec. 4. To carry out the purposes of this order, each executive department and agency
identified by the Secretary shall, consistent with applicable law and regulations, enter into
appropriate grants, contracts, or cooperative agreements with Historically Black Colleges and
Universities. The head of each agency so identified shall establish an annual plan that will
establish clear goals for how the agency intends to increase the capacity of Historically Black
Colleges and Universities to compete effectively for grants, contracts, or cooperative agreements
and to ensure that Historically Black Colleges and Universities benefit from their participation in
Federal programs. The agency's annual goal should be clearly reflected in the agency's annual
budget submission to the Office of Management and Budget. To facilitate the attainment of the
goals established by this section, the head of each agency identified by the Secretary shall provide
technical assistance and information to Historically Black Colleges and Universities regarding the
program activities of the agency and the preparation of applications or proposals for grants,
contracts, or cooperative agreements.
Sec. 5. Each executive department and agency designated by the Secretary shall appoint a
senior official, who is a full-time officer of the Federal Government, to report directly to the
department or agency head with respect to department or agency activity under this order, and to
serve as liaison to the Board and to the Initiative. To the extent permitted by law and regulations,
each executive department and agency designated by the Secretary shall provide appropriate
information requested by the Board and Initiative staff pursuant to the order.
Sec. 6. Each executive department and agency designated by the Secretary shall develop
an Annual Plan for, and shall document the agency's effort to, increasing the capacity of
Historically Black Colleges and Universities to participate in Federally-sponsored programs. Each
agency's plan shall describe new or existing agency programs and measurable objectives for
proposed agency actions to achieve the purposes of this order. These plans shall be submitted at
such time and in such form as the Secretary shall require. In consultation with the participating
agencies, the Secretary shall review the plans and develop, with the advice of the Board, an
integrated Annual Federal Plan for Assistance to Historically Black Colleges and Universities for
submission to, and consideration by, the President. The Secretary shall provide the President of
2
each Historically Black College and University with a copy of an opportunity to comment on,
the proposed Annual Federal Plan prior to its consideration by the President. Each participating
department and agency shall submit to the Secretary, an Annual Performance Report that shall
measure each agency's performance against the objectives set forth in the agency's Annual Plan.
The Secretary shall be responsible for overseeing compliance with the Annual Federal Plan.
Sec. 7. In developing its Annual Plan, each executive department and agency designated
by the Secretary shall emphasize programs and activities that develop the capacity of Historically
Black Colleges and Universities to contribute to the development of human capital and to
strengthen America's economic and technological base through: (1) infrastructure development
and acquisitions for instruction and research; (2) student and faculty doctoral fellowships and
faculty development; (3) domestic and international faculty and student exchanges and study-
abroad opportunities; (4) undergraduate and graduate student internships; and (5) summer, part-
time and permanent employment opportunities.
Sec. 8. Each year, the Board shall report to the President on the progress achieved in
enhancing the capacity of Historically Black Colleges and Universities to serve their students,
including findings and recommendations for individual departments and agencies in connection
with their Annual Performance Reports, as described in section 6 of this order.
Sec. 9. The Board, in consultation with the Department of Education and other executive
departments and agencies, shall develop a Private Sector Strategy to assist in the enhancement of
Historically Black Colleges and Universities by: (1) increasing voluntary private-sector
contributions to support endowment building and general institutional advancement/fiscal
stability; (2) improving and enhancing the quality and number of private-sector partnerships
focused on academic program development, student achievement and faculty development,
cooperative research and development projects, and faculty exchanges; and (3) improving
information management, improving facilities, and strengthening academic course offerings.
Sec. 10. (a) The Department of Education shall provide funding and administrative
support for the Board.
(b) Members of the Board shall serve without compensation, but shall be reimbursed for
all travel expenses, including per diem in lieu of subsistence, as authorized by law;
3
(c) Insofar as the Federal Advisory Committee Act, as amended, may apply to the Board,
the functions of the President under that Act, except for those in section 6 of that Act, shall be
performed by the Department of Education, in accordance with the guidelines that have been
issued by the Administrator of General Services.
Sec. 11. Executive Order 12876 of November 1, 1993, as amended, is hereby revoked.
THE WHITE HOUSE,
4
CC: CF
PRESENT THE OFFICE OFFICE UNITED USTATE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
o
M-01-29
September 4, 2001
THE DIRECTOR
MEMORANDUM FOR ALL CABINET OFFICERS AND AGENCY HEADS
FROM:
Mitchell E. Daniels, Jr. MED,J.
Director
Based on the Mid-Session Review, we are projecting the second largest surplus in history
in fiscal year 2001, a surplus slightly greater than that attributable to Social Security. The review
factored in the revised economic forecast and the impact of the enacted tax rebate. The
remaining surplus will be used to aggressively pay down debt.
To assure this result, we need to stay within the outlay forecast. The President has asked
that you carefully monitor the fiscal year-end close out process by enforcing prudent financial
management practices. While we must meet obligations consistent with the Prompt Pay Act and
other applicable law, we need to impress restraint on our financial managers to limit new
obligations between now and September 30, 2001.
In the past, unobligated balances at the end of the year were thought to count against the
agency in subsequent budget reviews. Contrary to this perverse notion, let me assure you that
OMB will examine fiscal year 2001 unobligated balances with an eye toward increasing the
fiscal year 2002 apportionment for priorities which are rephased or deferred to meet the fiscal
year 2001 outlay targets. During the fiscal year 2003 budget review, our OMB examiners will
not penalize agencies and departments for failure to obligate funds this fiscal year.
Thank you for ensuring responsible spending practices at year's end and throughout the
budget cycle.
Withdrawal Marker
The George W. Bush Library
FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
Note
Hand Written Note with attachments - From: Mitch E. Daniels
11
08/16/2001
P5;
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
Council of Economic Advisers
SERIES:
Hubbard, R. Glenn - Subject Files
FOLDER TITLE:
Office of Management and Budget [4]
FRC ID:
FOIA IDs and Segments:
5648
2014-0342-F
OA Num.:
1551
NARA Num.:
1403
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(I) of the PRA]
b(I) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 4/15/2015 by WW
Document No.
WHITE HOUSE STAFFING MEMORANDUM
Date: 8/7/01
ACTION / CONCURRENCE / COMMENT DUE BY: 8/8/01 BY 4:00 PM
PROPOSED EXECUTIVE ORDER ENTITLED "PRESIDENT'S COUNCIL OF
Subject: ADVISORS ON SCIENCE AND TECHNOLOGY"
ACTION FYI
ACTION FYI
VICE PRESIDENT
HUBBARD
CARD
IRASTORZA
HUGHES
JOHNSON
ROVE
LA MONTAGNE
BOLTEN
LINDSEY
HAGIN
MIERS
DANIELS
RICE
BLAKEMAN
CONNAUGHTON
CALIO
DIIULIO
FLEISCHER
GERSON
GONZALES
CLERK
HAWKINS
REMARKS:
Please send your comments directly to the Staff Secretary, x62702, no later than 4:00 p.m.,
Wednesday, August 8, 2001. Thank you.
RESPONSE:
Harriet E. Miers
Assistant to the President
and Staff Secretary
Ext. 62702
********* -8569 595 202
-
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DATE AUG-08-2001 ***** TIME 08:43
-COMM. JOURNAL-
Document No.
WHITE HOUSE STAFFING MEMORANDUM
Date: 8/7/01
ACTION / CONCURRENCE / COMMENT DUE BY: 8/8/01 BY 4:00 PM
PROPOSED EXECUTIVE ORDER ENTITLED "PRESIDENT'S COUNCIL OF
Subject: ADVISORS ON SCIENCE AND TECHNOLOGY"
ACTION
FYI
ACTION
FYI
VICE PRESIDENT
HUBBARD
CARD
IRASTORZA
HUGHES
JOHNSON
ROVE
LA MONTAGNE
BOLTEN
LINDSEY
HAGIN
MIERS
DANIELS
RICE
BLAKEMAN
CONNAUGHTON
CALIO
DIIULIO
FLEISCHER
GERSON
GONZALES
CLERK
HAWKINS
REMARKS:
Please send your comments directly to the Staff Secretary, x62702, no later than 4:00 p.m.,
Wednesday, August 8, 2001. Thank you.
RESPONSE:
Harriet E. Miers
Assistant to the President
and Staff Secretary
Ext. 62702
STATES 30 SECUTIVE UNITED THE OFFICE THE WASHINGTON
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
August 7, 2001
THE DIRECTOR
MEMORANDUM FOR THE PRESIDENT
FROM:
Mitchell E. Daniels mco.f
Director
SUBJECT:
Proposed Executive Order Entitled "President's Council of Advisors on
Science and Technology"
SUMMARY: This memorandum forwards for your consideration a proposed executive
order that was prepared by the White House National Economic Council. The proposed order
would establish an advisory committee on science and technology.
BACKGROUND: The proposed order would establish, pursuant to the Federal Advisory
Committee Act, as amended (5 U.S.C. App.), the "President's Council of Advisors on Science
and Technology" ("PCAST"). The PCAST would be composed of not more than 25 members,
one of whom would be the Assistant to the President for Science and Technology ("Assistant"),
and 24 of whom would be appointed by the President. The PCAST members would have diverse
perspectives and expertise in science, technology, and the impact of science and technology on
the Nation. The Assistant and a non-Federal member designated by the President would co-chair
the PCAST.
The PCAST would advise the President, through the Assistant, on matters involving
science and technology policy. It would also assist the National Science and Technology
Council ("NSTC") in securing private sector participation in the NSTC's activities. The NSTC is
a cabinet-level council chaired by the President that coordinates research and development
policies and activities across Federal agencies. The PCAST would ensure that the private
sector's perspective is included in that policy-making process. The Office of Science and
Technology Policy would provide funding and administrative support for the PCAST.
The proposed order would also revoke Executive Order 12882, Executive Order 12907,
and section 1(h) of Executive Order 13138, which respectively: (a) created the Clinton
Administration's PCAST; (b) increased the membership of the then PCAST from 16 to 19
members; and (c) extended the PCAST to September 30, 2001.
None of the affected agencies objects to the proposed executive order.
RECOMMENDATION: I recommend that you sign the proposed executive order.
Enclosures
ENT OF
U.S. Department of Justice
Office of Legal Counsel
Office of the Deputy Assistant Attorney General
Washington, D.C. 20530
August 7, 2001
MEMORANDUM
Re: Proposed Executive Order Entitled
"President's Council of Advisors on
Science and Technology"
The attached proposed Executive Order was prepared by the
White House National Economic Council. The Office of Management
and Budget, with the approval of the Director, forwarded it to
this Department for review with respect to form and legality.
The proposed Executive Order would establish the President's
Council of Advisors on Science and Technology (PCAST), composed
of not more than 25 members, which would advise the President on
matters involving science and technology policy. In performing
those duties, PCAST would assist the National Science and
Technology Council in securing private sector involvement in its
activities.
The proposed Order is approved with respect to form and
legality.
shill
Sheldon T. Bradshaw
Deputy Assistant Attorney General
THE OF
U.S. Department of Justice
Office of Legal Counsel
Office of the Deputy Assistant Attorney General
Washington, D.C. 20530
August 7, 2001
The President,
The White House.
My dear Mr. President:
I am herewith transmitting a proposed Executive Order
entitled "President's Council of Advisors on Science and
Technology." This proposed Executive Order was prepared by the
White House National Economic Council. The Office of Management
and Budget, with the approval of the Director, forwarded it to
this Department for review of its form and legality.
The proposed Executive Order is approved with respect to
form and legality.
Shill
Sheldon T. Bradshaw
Deputy Assistant Attorney General
OFFICE The PRESIDENT STATES IN UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
AUG
7 2001
GENERAL COUNSEL
Honorable John Ashcroft
United States Attorney General
Washington, DC 20530
Dear Mr. Attorney General:
Enclosed, in accordance with the provisions of Executive Order 11030, as amended, is a
proposed executive order entitled "President's Council of Advisors on Science and Technology."
The proposed order, which was prepared by the White House National Economic Council, would
create an advisory committee on science and technology.
The proposed order would establish, pursuant to the Federal Advisory Committee Act, as
amended (5 U.S.C. App.), the "President's Council of Advisors on Science and Technology"
("PCAST"). The PCAST would be composed of not more than 25 members, one of whom
would be the Assistant to the President for Science and Technology ("Assistant"), and 24 of
whom would be appointed by the President. The PCAST members would have diverse
perspectives and expertise in science, technology, and the impact of science and technology on
the Nation. The Assistant and a non-Federal member designated by the President would co-chair
the PCAST.
The PCAST would advise the President, through the Assistant, on matters involving
science and technology policy. It would also assist the National Science and Technology
Council ("NSTC") in securing private sector participation on the NSTC's activities. The NSTC
is a cabinet-level council chaired by the President that coordinates research and development
policies and activities across the Federal agencies. The PCAST would ensure that the private
sector's perspective is included in that policy-making process. The Office of Science and
Technology Policy would provide funding and administrative support for the PCAST.
The proposed order would also revoke Executive Order 12882, Executive Order 12907,
and section 1(h) of Executive Order 13138, which respectively: (a) created the Clinton
Administration's PCAST; (b) increased the membership of the then PCAST from 16 to 19
members; and (c) extended the PCAST to September 30, 2001.
None of the affected agencies objects to the proposed executive order.
Your staff may direct any questions concerning the proposed executive order to Mr. Mac
Reed of this office at 202-395-3563.
The proposed executive order has the approval of the Director of the Office of
Management and Budget.
Sincerely,
mac Reed
G Jay P. Lefkowitz
General Counsel
Enclosures
Executive Order
President's Council of Advisors on Science and Technology
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.),
and in order to establish an advisory committee on science and technology, it is hereby ordered
as follows:
Section 1. Establishment. There is established the President's Council of Advisors on
Science and Technology Policy (PCAST). PCAST shall be composed of not more than 25
members, one of whom shall be the Assistant to the President for Science and Technology
("Assistant"), and 24 of whom shall be appointed by the President and have diverse perspectives
and expertise in science, technology and the impact of science and technology on the Nation.
The Assistant shall co-chair PCAST with a nonfederal member designated by the President.
Sec. 2. Functions. (a) The PCAST shall advise the President, through the Assistant, on
matters involving science and technology policy.
(b) In performance of its advisory duties, PCAST shall assist the National Science and
Technology Council (NSTC) in securing private sector involvement in its activities.
Sec. 3. Administration. (a) The heads of the executive departments and agencies shall,
to the extent permitted by law, provide PCAST with information concerning scientific and
technological matters when requested by the PCAST co-chairs.
(b) In consultation with the Assistant, PCAST is authorized to convene ad hoc working
groups to provide preliminary non-binding information and advice directly to PCAST.
(c) Members of PCAST shall serve without compensation for their work on PCAST.
However, members may be allowed travel expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in the government service (5 U.S.C. 5701-
5707).
(d) Any expenses of PCAST shall be paid from the funds available for the expenses of
the Office of Science and Technology Policy.
(e) The Office of Science and Technology Policy shall provide such administrative
services as PCAST may require, with the approval of the Assistant.
Sec. 4. General. (a) Notwithstanding any other Executive order, the functions of the
President with respect to PCAST under the Federal Advisory Committee Act, as amended,
except that of reporting to Congress, shall be performed'b by the Office of Science and Technology
Policy in accordance with the guidelines and procedures established by the Administrator of
General Services.
(b) PCAST shall terminate 2 years from the date of this order unless extended by the
President prior to that date.
(c) Executive Order 12882 of November 23, 1993; Executive Order 12907 of April 14,
1994; and section 1(h) of Executive Order 13138 of September 30, 1999, are hereby revoked.
THE WHITE HOUSE,
01
LRM ID: JAB80 SUBJECT: REVISED JUSTICE Report on S633 Aviation Delay Prevention Act
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no comment), we prefer that you respond by
e-mail or by faxing us this response sheet. If the response is short and you prefer to call, please call the
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Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-3454
FROM:
July 30, 2001
(Date)
Wallace P. Mullin
(Name)
CFA
(Agency)
(202) (202) 395-5614 395-5614
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The following is the response of our agency to your request for views on the above-captioned subject:
X Concur
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See proposed edits on pages
Other:
FAX RETURN of
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STN NO. COMM. ABBR NO.
FILE NO. =927
END=JUL-30 12:23
START=JUL-30 12:23
MODE = MEMORY TRANSMISSION
DATE JUL-30-2001 ***** TIME 12:23
-COMM. JOURNAL-
JUL-27-2001 16:28 TO:18 - CEA
FROM:BROWN, J.A.
P. 1/12
Total Pages:
LRM ID: JAB80
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Wally
Friday, July 27, 2001
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Legislative Liaison Officer Distribution below
FROM:
Richard Green(for) Assistant Director for Legislative Reference
OMB CONTACT:
James A. Brown
E-Mail: [email protected]
PHONE: (202)395-3473 FAX: (202)395-3109
SUBJECT:
REVISED JUSTICE Report on S633 Aviation Delay Prevention Act
DEADLINE:
3:00 p.m. Monday, July 30, 2001
In accordance with OMB Circular A-19, OMB requests the views of your agency on the above subject
before advising on its relationship to the program of the President. Please advise us if this item will
affect direct spending or receipts for purposes of the "Pay-As-You-Go" provisions of Title XIII of
the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: This is a revised version of the draft that was previously circulated to you on
May 23rd. Deleted language is indicated by "strike-throughs" and new language is indicated by
underlining. These changes are primarily intended to conform the discussion of anti-trust issues in the
letter to that in the Department of Justice's June 19th letter to the House Judiciary Committee on H.R.
1407 (a copy of which is included for reference.)
The Senate Commerce, Science and Transportation Committee is planning to mark up this bill on
Thursday, August 2nd. If we do not hear from you by the deadline, we will assume that you have no
objection to clearance of this revised letter.
DISTRIBUTION LIST
AGENCIES:
117 & 340-TRANSPORTATION - Tom Herlihy (202) 366-4687
118-TREASURY Thomas M. McGivern - (202) 622-2317
033-Environmental Protection Agency - John Reeder - (202) 564-5200
049-Federal Trade Commission - David Thomas - (202) 326-2195
085-National Transportation Safety Board Jamie Finch - (202) 314-6120
076-National Economic Council - John Ackerly - (202) 456-2884
018-Council of Economic Advisers - Liaison Officer (202) 395-5084
061-JUSTICE - Sheryl Walter (202) 514-2141
019-Council on Environmental Quality - William L. Leary - (202) 456-6550
EOP:
Marisa K. Medrano
Emily Willeford
JUL-27-2001 16:28 TO:18 - CEA
FROM:BROWN, J.A.
P. .2/12
Janet P. Walker
John M. Ackerly
Steven M. Mertens
Kim C. Nakahara
Timothy A. Rosado
Edward H. Clarke
Jay P. Lefkowitz
Andrew D. Lundquist
Allison L. Riepenhoff
Carlos E. Bonilla
Cesar Conda
Neil S. Patel
Nancy P. Dorn
Christine Ciccone
Christine C. McCarlie
Robert S. Fairweather
WHGC LRM
Jay P. Lefkowitz
Augustine T. Smythe
Robert J. O'Neill
James C. Capretta
Lloyd A. Blanchard
Kenneth L. Schwartz
Danielle M. Simonetta
Steven D. Aitken
David S. Addington
Eric C. Pelletier
William B. Boning
Eric W. Hunn
NEC LRM
JUL-27-2001 16:28 TO:18 - CEA
FROM: BROWN, J.A.
P.3/12
LRM ID: JAB80 SUBJECT: REVISED JUSTICE Report on S633 Aviation Delay Prevention Act
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no comment), we prefer that you respond by
e-mail or by faxing us this response sheet. If the response is short and you prefer to call, please call the
branch-wide line shown below (NOT the analyst's line) to leave a message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be connected to voice mail if the analyst does
not answer); or
(2) sending us a memo or letter
Please include the LRM number shown above, and the subject shown below.
TO:
James A. Brown Phone: 395-3473 Fax: 395-3109
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-3454
FROM:
July 30, 2001
(Date)
Wallace P. Mullin (Name)
CFA
(Agency)
(202) 395-5614
(Telephone)
The following is the response of our agency to your request for views on the above-captioned subject:
X Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of
pages, attached to this response sheet
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b(8) Release would disclose information concerning the regulation of
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financial institutions [(b)(8) of the FOIA]
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JUL-27-2001 16:28 TO:18 - CEA
FROM: BROWN, J.A.
P. 10/12
U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington. D.C. 20530
June 19, 2001
The Honorable F. James Sensenbrenner
Chairman
Committee on the Judiciary
U.S. House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This letter provides the views of the Department of Justice
on H.R. 1407 as reported by the Committee on Transportation and
Infrastructure.
This legislation would grant antitrust immunity to competing
airlines to permit them to coordinate scheduled flight arrivals
and departures. While the Department understands the concerns
over airport congestion and flight delays, we have concerns about
this legislation in its current form.
In the face of strong public concern about competitive
problems in the airline industry, this legislation is likely to
exacerbate those problems, resulting in diminished service and
higher prices for the traveling public. Indeed, the proposed
exemption would cover conduct that is considered so harmful to
competition as to likely be deemed per se unlawful under the
antitrust laws.
Scheduling is a critical element of competition among air
carriers. Carriers compete to offer flights at convenient times,
especially for business passengers who pay significantly higher
fares. For one-day trips, business passengers prefer
early-morning outbound flights and end-of-day return flights.
They also prefer carriers with a substantial number of flight
frequencies in the city-pair market, to give them flexibility to
change flights on short notice when necessary. Both these
factors can lead to airport congestion during peak travel times.
If legislation is enacted permitting carriers to ccordinate
reductions in output, they will predictably endeavor to do 50 in
the manner most profitable to themselves. It should be expected
that each carrier will nola out for agreements that maximize its
ability to obtain, exert, or protect its market power in its
"home" or "hub" airports -- and they would have little incentive
to do otherwise. By their nature, output-limiting agreements
among competitors result in inflated prices. In the current
JUL-27-2001 16:28 TO:18 - CEA
FROM:BROWN, J.A.
P. 11/12
hub-and-spoke system, where most hub airports are dominated by a
few carriers at most and a particular city-pair market is often
more important to one carrier than to another, carriers will have
a strong incentive to make anticompetitive "trades" where each
agrees to reduce service in markets important to the others. And
they can accomplish this without overtly doing so.
Experience shows that this concern is well-founded. Almost
ten years ago, the Department sued the major airlines for using
their electronic tariff publishing system to negotiate similar
"trades" on fares. That is, one carrier proposed fare increases
in markets important to another carrier, in exchange for the
other carrier making fare increases in markets important to the
first carrier. Having condemned such coordinated fare increases,
it would be ironic to permit coordinated output reductions, which
can be just as harmful to consumers.
Further, once the exemption is created it will be difficult
to avoid "spill-over" cartel effects. And if carriers do begin
to collaborate on other factors on which they should be
competing, the antitrust immunity will make it more difficult for
the Department to prosecute such conduct. Thus, the proposed
exemption could effectively immunize a broad range of harmful
anticompetitive conduct even beyond the legislation's intended
focus.
Although the bill's authors have included provisions
attempting to protect the public against anticompetitive abuse,
we believe these provisions will prove an inadequate substitute
for the antitrust laws. Merely prohibiting discussions of fares
or specific city pairs cannot begin to capture all the complex
ways carriers can potentially interact to achieve anticompetitive
ends behind the shield of an antitrust exemption. And subjecting
these agreements to approval by Secretary of Transportation would
simply turn us back in the dangerous direction of fare and rcute
regulation reminiscent of the regime Congress wisely rejected twc
decades ago -- due to its inherent difficulty, uncertainty. and
costs to the economy -- in favor of relying on competition.
In short, this legislation, as current drafted, could result
in anticompetitive behavior. We believe that there may be
available to Congress remedies that do not conflict with the
enforcement of antitrust laws.
Thank you for the opportunity to present our views. Please
do not hesitate to call upon us if we may be of additional
assistance. The Office of Management and Budget has advised us
-2-
JUL-27-2001 16:28 TO:18 - CEA
FROM:BROWN, : J.A.
P. 12/12
that from the perspective of the Administration's program, there
is no objection to submission of this letter.
Sincerely,
Daniel J. Bryant
Assistant Attorney General
CC: The Honorable John Conyers, Jr.
The Honorable Don Young
The Honorable James L. Oberstar
,
-3-
---
TOTAL P.12
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PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
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C. Closed in accordance with restrictions contained in donor's deed
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DISTRIBUTION LIST
Honorable Colin L. Powell
Secretary
Department of State
Honorable Paul H. O'Neill
Secretary
Department of the Treasury
Honorable Donald H. Rumsfeld
Secretary
Department of Defense
Honorable Ann M. Veneman
Secretary
Department of Agriculture
Honorable Mel Martinez
Secretary
Department of Housing and Urban Development
Honorable John Ashcroft
United States Attorney General
Honorable Donald L. Evans
Secretary
Department of Commerce
Honorable Norman Y. Mineta
Secretary
Department of Transportation
Honorable Gale Norton
Secretary
Department of the Interior
Honorable Elaine L. Chao
Secretary
Department of Labor
Honorable Roderick R. Paige
Secretary
Department of Education
Honorable Tommy G. Thompson
Secretary
Department of Health and Human Services
Honorable Anthony J. Principi
Secretary
Department of Veterans Affairs
Honorable Christine Todd Whitman
Administrator
Environmental Protection Agency
Honorable George Tenet
Director
Central Intelligence Agency
Honorable Steven R. Cohen
Acting Director
Office of Personnel Management
Honorable Stephen A. Perry
Administrator
General Services Administration
Honorable Joe Allbaugh
Director
Federal Emergency Management Agency
Honorable Condoleezza Rice
Assistant to the President
for National Security Affairs
Honorable Margaret LaMontagne
Assistant to the President
for Domestic Policy
Honorable R. Glenn Hubbard
Chairman
Council of Economic Advisers
Honorable Alberto R. Gonzales
Counsel to the President
Honorable Lewis Libby
Chief of Staff and Counselor
to the Vice President
Honorable Harriet Miers
Staff Secretary to the President
Honorable Clay Johnson
Director of Presidential Personnel
Honorable Larry Lindsey
Director
National Economic Council
Honorable Karen Hughes
Counselor to the President
Honorable Karl Rove
Senior Advisor to the President
Honorable Nick Calio
Assistant to the President and
Director of Legislative Affairs
Honorable Albert Hawkins
Assistant to the President and
Cabinet Secretary
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Draft
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11
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FOLDER TITLE:
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Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
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P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
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P5 Release would disclose confidential advise between the President
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P6 Release would constitute a clearly unwarranted invasion of
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personal privacy [(a)(6) of the PRA]
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purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
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13
07/20/2001
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P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 4/15/2015 by WW
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF THE OF PRESIDENT STATE BUDDET UNITED
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
July 20, 2001
MEMORANDUM FOR DESIGNATED AGENCY HEADS
(SEE ATTACHED DISTRIBUTION LIST)
FROM:
Jay General P. Lefkowitz Counsel 2PM
SUBJECT:
Proposed Executive Order Entitled "Energy Efficient Standby Power
Devices"
Attached is a revised proposed executive order entitled "Energy Efficient Standby Power
Devices," that was prepared by this office. It was revised based on comments received pursuant
to the July 11, 2001, circulation of the draft order.
On behalf of the Director of the Office of Management and Budget, I would appreciate
receiving any comments you may have concerning this proposed executive order. If you have
any comments or objections, they should be received no later than 12:00 noon, Monday, July 23,
2001. Please be advised that agencies that do not respond by the deadline will be recorded as not
objecting to the proposal.
Comments or inquiries may be submitted by telephone to Mr. Mac Reed (202-395-3563)
of this office or fax to 202-395-7294.
Thank you.
Attachments - Distribution List
(EA Convert homo
Proposed Executive Order
cc:
Mitch Daniels
Dick Emery
Chris Ullman
Sean O'Keefe
Karen Keller
Austin Smythe
Marcus Peacock
Jim Capretta
Eric Pelletier
Robin Cleveland
Amy Smith
DISTRIBUTION LIST
Honorable Colin L. Powell
Secretary
Department of State
Honorable Paul H. O'Neill
Secretary
Department of the Treasury
Honorable Donald H. Rumsfeld
Secretary
Department of Defense
Honorable Ann M. Veneman
Secretary
Department of Agriculture
Honorable Mel Martinez
Secretary
Department of Housing and Urban Development
Honorable John Ashcroft
United States Attorney General
Honorable Donald L. Evans
Secretary
Department of Commerce
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Secretary
Department of Transportation
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Secretary
Department of the Interior
Honorable Elaine L. Chao
Secretary
Department of Labor
Honorable Roderick R. Paige
Secretary
Department of Education
Honorable Spencer Abraham
Secretary
Department of Energy
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Secretary
Department of Health and Human Services
Honorable Anthony J. Principi
Secretary
Department of Veterans Affairs
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Administrator
Environmental Protection Agency
Honorable George Tenet
Director
Central Intelligence Agency
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Office of Personnel Management
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Office of Personnel Management
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Assistant to the President
for National Security Affairs
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for Domestic Policy
Honorable R. Glenn Hubbard
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Council of Economic Advisers
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Counsel to the President
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Chief of Staff and Counselor
to the Vice President
Honorable Harriet Miers
Staff Secretary to the President
Honorable Clay Johnson
Director of Presidential Personnel
Honorable Larry Lindsey
Director
National Economic Council
Honorable Karen Hughes
Counselor to the President
Honorable Karl Rove
Senior Advisor to the President
Honorable Nick Calio
Assistant to the President and
Director of Legislative Affairs
Honorable Albert Hawkins
Assistant to the President and
Cabinet Secretary
DRAFT
7-20-2001
4:00 P.A.
Executive Order
ENERGY EFFICIENT STANDBY POWER DEVICES
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including the National Energy Conservation Policy Act (Public Law 95-619,
92 Stat. 3206, 42 U.S.C. 8252 et seq., as amended by the Energy Policy Act of 1992 (EPACT)
(Public Law 102-486, Stat. 2776), and section 301 of title 3, United States Code, and in order
to further encourage energy conservation by the Federal Government, it is hereby ordered as
follows:
Section 1. Energy Efficient Standby Power Devices. Each agency, when it purchases
commercially available, off-the-shelf products that use external standby power devices, or that
contain an internal standby power function, shall purchase products that use no more than one
watt in their standby power consuming mode. If such products are not available, agencies shall
purchase products with the lowest standby power wattage while in their standby power
consuming mode. Agencies shall adhere to these requirements when life-cycle cost-effective and
practicable, and where the relevant product's utility and performance are not compromised as a
result. Within 90 days of the issuance of this Executive Order and on an annual basis thereafter,
the Department of Energy, in consultation with the Department of Defense and GSA, shall
compile a preliminary list of products to be subject to these requirements. The Department of
Energy shall finalize the list and may remove products deemed inappropriate for listing.
Sec. 2. Independent Agencies. Independent agencies are encouraged to comply with the
provisions of this order.
Sec. 3. Definition. "Agency" means an executive agency as defined in 5 U.S.C. 105. For
the purpose of this order, military departments, as defined in 5 U.S.C. 102, are covered by the
Department of Defense.
THE WHITE HOUSE,