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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Sect.: Shelf: Pos.: Hollinger ID: W 30 13 5 1 5648 18583 1403 1551 Folder Title: Office of Management and Budget [6] Withdrawn/Redacted Material The George W. Bush Library DOCUMENT FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) NO. 001 Memorandum Memorandum - To: Mitch Daniels - From: R. Glenn 1 04/25/2001 P5; Hubbard 002 Note Hand Written Note - To: R. Glenn Hubbard - From: 1 04/28/2001 P5; Mitch Daniels 003 Memorandum Copy of Memorandum - To: Mitch Daniels - From: R. 1 04/25/2001 P5; Glenn Hubbard 004 Discussion Paper Memorandum with attachment - To: Secretary Evans, 6 04/30/2001 P5; Larry Lindsay, Glenn Hubbard and Ken Dam - From: Mitch Daniels 005 Memorandum Memorandum - To: Department Heads and Agencies - 5 04/25/2001 P5; From: Sean O'Keefe COLLECTION TITLE: Council of Economic Advisers SERIES: Hubbard, R. Glenn - Subject Files FOLDER TITLE: Office of Management and Budget [6] 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 Tuesday, April 28, 2015 Withdrawn/Redacted Material The George W. Bush Library DOCUMENT FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) NO. 006 Memorandum Memorandum - To: Agency Heads - From: Jay P. 6 04/13/2001 P5; Lefkowitz COLLECTION TITLE: Council of Economic Advisers SERIES: Hubbard, R. Glenn - Subject Files FOLDER TITLE: Office of Management and Budget [6] 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 Tuesday, April 28, 2015 EXECUTIVE OFFICE OF THE PRESIDENT STATE THE & OFFICE UNITED BUDGET THEIR OF STATES OFFICE OF AND BUDGET WASHINGTON, D.C. 20503 May 14, 2001 MEMORANDUM FOR DESIGNATED AGENCY HEADS (SEE ATTACHED DISTRIBUTION LIST) FROM: Jay P. Lefkowitz JL by noz General Counsel SUBJECT: Two Proposed Executive Orders Entitled, Respectively, "Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use" and "Actions to Expedite Energy-Related Projects" Attached are two proposed executive orders entitled, respectively, "Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use," and "Actions to Expedite Energy-Related Projects," that were prepared by the National Economic Council. 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 4:00 p.m. on Tuesday, May 15, 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) or to Mr. Sai Prakash (202-395-7401) of this office or fax to 202-395-7294. Thank you. Attachments - Distribution List Proposed Executive Orders No cc: Mitch Daniels Sean O'Keefe Austin Smythe Jim Capretta Robin Cleveland objection Dick Emery Karen Keller Marcus Peacock Eric Pelletier Ylenn Hullur Amy Smith Chris Ullman 05/15/0 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 Spencer Abraham Secretary Department of Energy 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 Please / Honorable Margaret LaMontagne change from Assistant to the President for Domestic Policy Drana to me Honorable Diana Furchtgott-Roth Chief of Staff new that confirmation Council of Economic Advisers is h 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 DRAFT 5-14-2001 Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to appropriately weigh and consider the effects of the Federal Government's regulations on the supply, distribution, and use of energy, it is hereby ordered as follows: Section 1. Policy. The Federal Government can significantly affect the supply, distribution, and use of energy. Yet there is often too little information regarding the effects that governmental regulatory action can have on energy. In order to provide more useful energy-related information and hence improve the quality of agency decision making, this executive order requires that agencies prepare a Statement of Energy Effects when undertaking certain agency actions. As described more fully below, such Statements of Energy Effects shall describe the effects on energy supply, distribution or use of certain significant regulatory actions. Sec. 2. Preparation of a Statement of Energy Effects. (a) To the extent permitted by law, agencies shall prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs for those matters identified as significant energy actions. (b) A Statement of Energy Effects shall consist of a detailed statement by the agency responsible for the significant energy action relating to: (i) any adverse energy effects on energy supply, distribution, or use of the energy (including a shortfall in supply, price increases, and increased use of foreign supplies) should the proposal be implemented, and (ii) reasonable alternatives to the action with adverse energy effects and the expected effects on energy supply, distribution, and use. (c) The Administrator of the Office of Information and Regulatory Affairs shall provide guidance to the agencies on the implementation of this order and shall consult with other agencies as appropriate in the implementation of this order. Sec. 3. Submission and Publication of Statements. (a) Agencies shall submit their Statements of Energy Effects to the Office of Management and Budget whenever they present the related submission under Executive Order 12866 or any successor order. (b) Agencies shall publish their Statements of Energy Effects, or a summary thereof, in each related Notice of Proposed Rulemaking and in any resulting Final Rule. Sec. 4. Definitions. For purposes of this Order: (a) "Regulation" and "rule" have the same meaning as they do in Executive Order 12866 or any successor order. (b) "Significant energy action" means any action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking-- (1) (A) that is a significant regulatory action under Executive Order 12866 or any successor order and (B) where the action is likely to adversely affect in a material way the supply, distribution or use of energy; or (2) where the Administrator of the Office of Information and Regulatory Affairs designates the action as a significant energy action. (c) "Agency" means any authority of the United States that is an "agency" under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). Sec. 5. Judicial Review. Nothing in this Executive order shall affect any otherwise available judicial review of agency action. This Executive order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. THE WHITE HOUSE , to wit: an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. They do not, however, include: (1) Regulations or rules issued in accordance with the formal rulemaking provisions of 5 U.S.C. 556, 557; (2) Regulations or rules that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; (3) Regulations or rules that are limited to agency organization, management, or personnel matters; or (4) Any other category of regulations exempted by the Administrator of the Office of Information and Regulatory Affairs. DRAFT 5-14-2001 EXECUTIVE ORDER ACTIONS TO EXPEDITE ENERGY-RELATED PROJECTS By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to take additional steps to expedite the increased supply and availability of energy to our Nation, it is hereby ordered as follows: Section 1. Policy. The increased production and transmission of energy in an environmentally sound manner is essential to the well being of the American people. In general, it is the policy of this Administration that executive departments and agencies ("agencies") shall take appropriate actions, to the extent consistent with applicable law, to expedite projects that will increase the production and transmission of energy. Sec. 2. Actions to Expedite Energy-Related Projects. For energy-related projects, agencies shall expedite their review of permits or take other actions as necessary to accelerate the completion of such projects, while maintaining environmental protection. The agencies shall take such actions to the extent permitted by law and regulation, and where appropriate. Sec. 3. Interagency Task Force. There is established an interagency task force ("Task Force") to monitor and assist the agencies in their efforts to take appropriate actions to help increase production and improve transmission of energy, including efforts to expedite their review of permits or taking other actions as necessary to accelerate the completion of energy- related projects. The Task Force also shall ensure that agencies set up appropriate mechanisms to coordinate Federal, state, Tribal, and local permitting in geographic areas where increased permitting activity is expected. The Task Force shall be composed of representatives from the Departments of State, the Treasury, Defense, Agriculture, Housing and Urban Development, Justice, Commerce, Transportation, the Interior, Labor, Education, Health and Human Services, Energy, Veterans Affairs, Environmental Protection Agency, and the Central Intelligence Agency, General Services Administration, Office of Management and Budget, Council of Economic Advisers, Domestic Policy Council, and National Economic Council, and such other representatives as may be determined by the Chair of the Council on Environmental Quality. The Task Force would be chaired by the Chair of the Council on Environmental Quality. THE WHITE HOUSE, EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL OF ECONOMIC ADVISERS Glenn Cathy brought around this copy, per your request. I pulled from your files, the original of Mitch's note if you need it. Please refile not needed. Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Memorandum - To: Mitch Daniels - From: R. Glenn Hubbard 1 04/25/2001 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 [6] 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 statuté 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 DIRECTOR MITCH DANIELS Office of Management and Budget TO: Glenn Hubbard RE: CEA FY 2002 Appropriation DATE: April 30, 2001 PLEASE RESPOND TO DIRECTOR FYI APPROPRIATE ACTION PLEASE RESPOND TO SENDER Please see attached note. Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Note Hand Written Note To: R. Glenn Hubbard - From: Mitch Daniels 1 04/28/2001 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 [6] 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 PRAJ 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 [(à)(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 Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Copy of Memorandum - To: Mitch Daniels - From: R. Glenn Hubbard 1 04/25/2001 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 [6] 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 I3526 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 Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Discussion Paper Memorandum with attachment - To: Secretary Evans, Larry Lindsay, Glenn 6 04/30/2001 P5; Hubbard and Ken Dam - From: 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 [6] 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 PRAJ 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 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET STATISTICAL PROGRAMS OF THE UNITED STATES GOVERNMENT FISCAL YEAR 2001 -statistical tabulation, dissemination, or publication of data collected by others; Table 1. Direct Funding for Major Statistical Programs, FY 1999-2001-Continued construction of secondary data series or development of models that are (In millions of dollars) an integral part of generating statistical series or forecasts; Department/Agency 1999 Actual 2000 Estimate 2001 Estimate -management or coordination of statistical operations; and -statistical consulting or training. DEFENSE CORPS 4.5 4.4 5.2 Major statistical programs differ in organizational structure and in the DIOR 2.2 2.1 2.1 means by which they are funded. Some major statistical programs, such as DMDC 4.2 6.5 7.3 labor force statistics and energy statistics, are carried out by agencies (the Bureau of Labor Statistics and the Energy Information Administration, re- EDUCATION spectively) whose sole missions are statistical; these organizations are re- NCES 112.4 125.9 137.9 ferred to as principal statistical agencies and appear as line items in the ENERGY President's budget. In other cases, agencies have statistical programs that support their program planning and evaluation functions or that are an EH 24.0 23.5 23.5 outgrowth of their administrative responsibilities. In these cases, the budget EIA 70.2 72.4 75.0 for statistical activities is a portion of the total appropriation for that HHS agency. In addition, a statistical program is not always executed by the ACF 35.4 36.4 35.9 agency that sponsors it. In these instances, the work is done on a reimburs- AHRQ 83.4 95.6 122.4 able basis by another Federal statistical agency or by a private organization ATSDR 5.0 4.5 4.0 under contract. CDC 227.7 253.9 274.5 Whether statistical work is done inside or outside the agency, the direct ob- NCHS 94.5 105.0 110.0 ligations reflect the level of statistical activities in support of the agency's HCFA 15.3 11.0 14.7 mission. Table 1 presents direct program funding for FY 1999, FY 2000, and HRSA 16.0 16.5 18.8 FY 2001 for major statistical programs, by department and agency. IHS 2.6 2.7 2.9 NIH 384.1 427.0 443.8 NCI 100.3 108.9 113.4 Table 1. Direct Funding for Major Statistical Programs, NEI 0.8 0.9 1.0 FY 1999-2001 NHLB1 59.8 63.5 65.5 (In millions of dollars) NIA 5.2 5.5 6.2 NIAAA 7.0 9.0 9.0 Department/Agency 1999 Actual 2000 Estimate 2001 Estimate NIAID 40.0 41.0 42.0 NIAMS 0.4 0.4 0.4 AGRICULTURE NICHD 25.9 29.5 31.0 63.5 ARS 3.5 2.6 2.6 NIDA 54.2 61.0 ERS 62.5 65.4 55.4 NIDCD 2.0 2.0 1.2 FAS 29.7 30.5 31.1 NIDDK 48.0 54.9 58.2 FNS 2.0 1.0 17.2 NIDCR 1.8 1.9 1.9 FS 14.4 18.2 18.2 NIEHS 30.0 37.0 39.0 NASS 104.0 99.3 100.6 NIGMS 0.1 0.1 0.1 NRCS 107.3 109.5 117.5 NIMH 6.0 9.0 9.0 NINDS 1.5 1.2 1.2 COMMERCE 1.1 / OD 1.2 1.2 BEA 43.1 43.8 48.9 OASPE 24.0 24.3 24.0 CENSUS 1,390.7 4,769.8 739.2 OPA 1.6 1.5 1.6 Current 156.1 160.0 193.8 SAMHSA 118.3 136.1 128.8 Periodic 1,234.6 4,609.8 545.4 Census 2000 1,078.6 4,467.5 392.8 HUD Housing 1.6 1.6 1.8 ESA 5.3 5.6 5.8 ITA 3.7 2.8 5.3 OFHEO 5.0 6.0 7.0 NOAA 53.4 54.5 60.6 PD&R 31.8 28.2 30.8 NMFS 30.1 31.2 36.7 P&IH 8.5 13.5 7.5 Table 1. Direct Funding for Major Statistical Programs, Table 1. Direct Funding for Major Statistical Programs, FY 1999-2001-Continued FY 1999-2001-Continued (In millions of dollars) (In millions of dollars) Department/Agency 1999 Actual 2000 Estimate 2001 Estimate Department/Agency 1999 Actual 2000 Estimate 2001 Estimate EEOC 1.0 1.0 1.0 INTERIOR EPA 191.9 184.2 180.4 FWS 3.3 3.8 9.0 FEMA 1.5 2.8 3.6 MMS 2.3 2.8 2.9 NASA 16.9 16.9 16.9 NPS 1.6 1.6 1.6 NSF 70.8 75.6 86.9 BoR 3.3 3.3 3.3 SRS 14.3 14.9 16.9 USGS 60.1 54.8 65.9 SBA 0.8 1.1 1.5 SSA 6.6 6.6 7.0 JUSTICE BJS 29.7 30.1 38.4 Total 4,166.4 7,741.2 3,944.4 BoP 10.6 7.9 8.2 Total w/o Census 2000, 3,087.8 3,273.7 3,551.6 DEA 0.5 1.0 1.0 Note: Figures shown in Table 1 have been provided by the agencies and are derived from the FB1 5.1 5.3 5.5 program and financing schedules for these agencies in the President's FY 2001 budget. The INS 2.0 2.8 3.0 amounts for BJS and NCES include estimated salaries and expenses that are not directly appro- priated. The FY 2001 amount for BLS includes $20.7 million in budget authority for activities LABOR transferred from ETA. Components may not add to stated totals because of rounding. BLS 397.7 413.2 453.6 ESA 5.0 3.1 4.1 ETA 81.9 130.1 155.1 MSHA 2.5 2.5 3.9 OASP 1.5 2.9 1.5 OSHA 17.3 25.5 28.5 Highlights of Congressional Action on the President's TRANSPORTATION FY 2000 Budget Request BTS 31.0 31.0 31.0 FAA 3.2 3.0 3.0 The figures for FY 2000 in Table 1 reflect Congressional action on the Presi- FHWA 31.0 27.3 25.4 dent's budget request for funding of statistical activities. The following are FRA 2.4 2.5 2.6 highlights of the impact of these appropriation levels on the programs of the FTA 2.3 2.5 2.5 principal statistical agencies: MARAD 1.8 1.8 1.9 Bureau of the Census: The FY 2000 appropriation of $4.8 billion was $36 mil- NHTSA 21.7 21.0 34.8 OST 1.1 1.4 lion below the President's request. As a result of this decrease, the Current In- 1.3 RSPA 5.6 6.7 7.0 dustrial Reports program was curtailed, the implementation of the North American Industry Classification System (NAICS) in current economic sur- TREASURY veys was postponed and the development of historic time series data for Customs 13.7 14.1 14.6 NAICS service industries was abandoned, the last wave of the 1996 Survey of IRS 39.8 45.1 47.6 Income and Program Participation (SIPP) was canceled, and the planned con- OR 11.8 13.9 14.2 version of the automated survey questionnaire and control systems from SOI 28.0 31.2 33.4 DOS-based software to a graphical user interface based software was delayed. The Medicare, Medicaid, and State Children's Health Insurance Act also ap- VETERANS AFFAIRS VHA 70.7 77.3 82.1 propriated an additional $10 million to the Census Bureau to produce statisti- VBA 1.5 1.5 1.6 cally reliable annual state data on the number of low-income children who do NCA 0.2 0.2 0.2 not have health insurance coverage. Under the Personal Responsibility and OPA 5.0 5.4 8.0 Work Opportunity Reconciliation Act of 1996, the Census Bureau continues to receive funds to produce data from the Survey of Program Dynamics to evalu- OTHER AGENCIES ate the effects of the act. AID 18.1 19.0 19.0 CPSC 6.0 6.0 7.0 ORGANIZING TO COUNT JANET L. NORWOOD Change in the Federal Statistical System I THE URBAN INSTITUTE PRESS Washington, D.C. 20 Organizing to Count Past is Prologue: Will the Issues Ever Change? 21 growing concerns of the economics and statistics professions about Table 2.2. COMMITTEES, COMMISSIONS AND STUDY GROUPS: 1903-1990 the nation's data system, established a Working Group on Statistics Date Name Recommendations (and their fate) which he himself chaired. The Working Group concentrated initially 1903 Commission appointed by For some consolidation of statistical units on programmatic and budget issues but soon found itself faced with Secretary of Treasury but against centralization. the age-old issue of statistical organization. A subcommittee of the No action taken. Working Group was charged with looking into the possible elimina- 1908 Commission appointed by Against consolidation of Census and Bureau tion of duplication, determination of cost savings, or improvements Secretary of Commerce of Statistics (formerly of Treasury); in favor in quality that might result from a change in the organization of the and Labor of establishing a coordinating committee. statistical system. The subcommittee reviewed much of the ground Committee established, but did nothing. that had been covered in previous reviews of the U.S. system and 1922 Bureau of Efficiency For centralized Bureau of Statistics to added yet another review of the systems in place in other countries. increase efficiency. Report referred to Advisory Committee on The atmosphere this time around was quite different from before. Census which opted against centralization. Many of the statistical agencies had suffered budget reductions during the Reagan years, the difficult-to-measure service-producing sector of 1933 Committee on For continuation of decentralized system but Government Statistics and expanding Central Statistical Board power the economy was growing, and response to the decennial Census Information Services to coordinate statistics-lo advise but not mailing was considerably lower than in the past. Many of the senior (COGSIS) established by control action. office chiefs in the large statistical agencies, rather than opposing American Statistical Central Statistical Board in 1940 converted change because of turf worries, had expressed the view that consoli- Association and Social into Division of Statistical Standards in dation of at least the four largest agencies-Census, BLS, National Science Research Bureau of the Budget (now Office of Association Management and Budget OMB). Agricultural Statistical Service, and Bureau of Economic Analysis- would help to shore up the system. 1948 Mills-Long Report for For centralizing repetitive, large-scale Hoover Commission surveys in Census Bureau, otherwise Nevertheless, the Working Group decided against any organiza- continuing system as it was, and tional change. One reason was that any savings from consolidation, establishing independent Office of especially during the early years, would not be large and could be Statistical Standards (OSS) in Executive secured from legislation to change confidentiality laws to permit the Office of President with Presidentially sharing of data between agencies for statistical purposes. They were appointed head. OSS left in Bureau of the Budget. No action also concerned that the political problems involved in organizational taken to centralize large scale surveys in change could be time-consuming, traumatic and costly. the Census Bureau. Instead, the Boskin Working Group concentrated on program en- 1955 Internal Bureau of Budget Pointed out problems of centralization. No hancement primarily through budget increases, recommended that review of Mills-Long action taken. the President request "sharing" legislation, and suggested once again recommendations that OMB consider development of one or more business establish- 1966 Kaysen Committee For gradual centralization of non- ment lists that could be used by all the agencies in the system. The established by Bureau of administrative statistics and establishment President's budget for 1991 and later years reflected the Working the Budget of National Data Center. Recommended new Group's priorities and requested increases for statistical programs. Director of the Federal Statistical System in The President's budget message for that year also included reference the Executive Office of the President to coordinate the system and the National Data to the submission of new "sharing" legislation. In addition, funds Center. Proposed moving the Census Bureau were added to develop a Center for Statistical Survey Education in from the Department of Commerce to the the Washington, D.C. area to train people who work in statistical Executive Office of the President, to agencies. function under the new Director of the Federal Statistical System. Recommendations not implemented. 22 Organizing to Count Past is Prologue: Will the Issues Ever Change? 23 Table 2.2. COMMITTEES, COMMISSIONS AND STUDY GROUPS: 1903-1990 Table 2.2. COMMITTEES, COMMISSIONS AND STUDY GROUPS: 1903-1990 (Continued) (Continued) Date Name Recommendations (and their fate) Date Name Recommendations (and their fate) 1971 Wallis Commission For broadening the scope of coordination, 1980 Paperwork Reduction Act Passed, Transferred Statistical Policy back to established by President and establishing a system of auditing, and OMB but as part of Office of Information Nixon establishing Committee on National and Regulatory Affairs (OIRA). Statistical Statistics (CNSTAT) at the National Policy became a branch in OIRA. Research Council to advise OMB. 1985 Bruce Chapman proposal For consolidation of Statistical Policy of CNSTAT established. Develops reviews for to Edwin Meese with eight agencies-Census, BEA, BLS,NASS, advice to individual agencies but has not request that it be EIA,NCHS, NCES, and BJS-into a new been used as an advisor to OMB. forwarded to Cabinet U.S. Statistics Agency, USSA. All OMB 1970s Subcommittee of the For centralization but no agreement on Council for Domestic statistical policy functions to be merged Council of Economic degree. Finally suggested centralization into Policy. Chapman and with the office of U.S. Statistics Agency. Advisors chaired by 10 statistical agencies and strengthening Meese both on White Administrator, an Executive Level II official Burton Malkiel Office of Statistical Policy. Recommended House staff. appointed by President with consent of appointment of Committee of Outside Senate. Establishment of a Statistical Advisors. Advisory Board of Government officials to No action taken. represent interests of the departments; 1971 Board would be advisory to USSA, but President's Departmental For consolidating federal domestic functions could send advice to President Reorganization Proposals into four new Departments, in particular, a independently of USSA. new Department of Economic Affairs to No action taken. include the Bureau of Economic Analysis, Census Bureau, Bureau of Labor Statistics, 1990 Working Group of the Against consolidation; savings would be National Agricultural Statistical Service, Cabinet Council for small and change not considered worth the Economic Research Service from the Economic Policy, chaired cost in disruption. statistical system and several other scientific by Michael Boskin, organizations. Chairman of Council of Submitted to Congress but no action taken. Economic Affairs 1976 Joint Ad Hoc Committee For strengthening coordination or moving on Government Statistics toward centralization. Recommended further study in cooperation with CNSTAT. CNSTAT commissioned Report 1976 Eckler-Mills Report for For more centralization and better Committee on National coordination. Statistics No action taken. 1977 President's Reorganization For establishment of an enlarged Office of Project headed by James Statistical Policy with enhanced status and Bonnen. Followed responsibilities in the Executive Office of congressional action the President. eliminating Office of Plan submitted to Congress at end of Carter Statistical Policy from Administration. No action taken. OMB and placing part of its responsibilities in the Department of Commerce. Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Memorandum - To: Department Heads and Agencies - From: Sean 5 04/25/2001 P5; O'Keefe 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 [6] 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 EXECUTIVE OFFICE OF THE PRESIDENT $ OFFICE THE UNITED an STATES OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 April 26, 2001 MEMORANDUM FOR DESIGNATED AGENCY HEADS (SEE ATTACHED DISTRIBUTION LIST) FROM: Jay P. Lefkowitz It's 4/26/01 General Counsel SUBJECT: Proposed Executive Order Entitled "President's Commission to Strengthen Social Security" Attached is a proposed Executive order entitled "President's Commission to Strengthen Social Security," that was prepared by the White House National Economic Council. 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 2:00 p.m. on Friday, April 27, 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 Proposed Executive Order Mitch Daniels ok cc: Sean O'Keefe Austin Smythe Jim Capretta Robin Cleveland Dick Emery neft Karen Keller Marcus Peacock Eric Pelletier Amy Smith Chris Ullman DISTRIBUTION LIST Honorable Colin L. Powell Secretary Department of State Honorable Paul H. O'Neil Secretary Department of the Treasury Honorable Donald Rumsfield 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 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. Page Secretary Department of Education Honorable Tommy G. Thompson Secretary Department of Health and Human Services Honorable Spencer Abraham Secretary Department of Energy Honorable Anthony J. Principi Secretary Department of Veterans Affairs Honorable George Tenet Director Central Intelligence Agency Honorable Steven R. Cohen Acting Director Office of Personnel Management Honorable Margaret LaMontagne Assistant to the President for Domestic Policy Honorable Diana Furchtgott-Roth Chief of Staff 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 Lindsay 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 Executive Order President's Commission to Strengthen Social Security By the authority vested in me as President by the Constitution and laws of the United States of America, and to preserve Social Security for senior Americans while building wealth for younger Americans, it is hereby ordered as follows: Section I. Establishment. There is established a President's Commission to Strengthen Social Security ("Commission"). Sec. 2. Membership. The Commission shall be composed of fourteen members appointed by the President, of which no more than seven shall be members of the same political party. The President shall also designate two members of the Commission to act as co- chairs. The two co-chairs shall not be members of the same political party. Sec. 3. Mission. The mission of the Commission shall be to develop a bipartisan proposal to modernize and restore fiscal soundness to Social Security according to the following principles: (a) Modernization must not change Social Security benefits for retirees or near-retirees; (b) The entire Social Security surplus must be dedicated to Social Security only; (c) Social Security payroll taxes must not be increased; (d) Government must not invest Social Security funds in the stock market; (e) Modernization must preserve Social Security's disability and survivors components; and (f) Modernization must include individually controlled, voluntary personal retirement accounts, which will augment the Social Security safety net. Sec. 4. Administration (a) Members of the Commission shall serve without any additional compensation for their work on the Commission. However, members appointed from among private citizens of the United States may be allowed travel expenses, including per diem in lieu of subsistence, to the extent funds are available therefor. (b) The Commission shall have a staff headed by an Executive Director, who shall be selected by the President. To the extent permitted by law, funding for the Commission shall be provided by the Social Security Administration. Also to the extent permitted by law, office space, analytical support and additional funding for the Commission shall be provided by Executive Branch departments and agencies as directed by the President. (c) The Commission shall receive input from and provide briefings to the Congress, by procedures determined by the President in consultation with the congressional leadership. Public hearings shall be held at the call of the co-chairs, in consultation with the President. Sec. 5. Reports. The Commission shall submit reports as follows: (a) Interim Report. An interim report shall describe the challenges facing the Social Security system and the criteria by which the Commission will evaluate reform proposals. These criteria may include but are not limited to: solvency, sustainability, benefit adequacy, fair treatment across generations and demographic groups, total annual cost obligations, net annual impact on the federal budget, impact upon national savings, impact on workforce participation, impact on employer-provided pension plans, rates of return, and protections against poverty. (b) Final Report. The final report will set forth the Commission's recommendations regarding how to strengthen Social Security with personal accounts. The Commission shall submit its final report during the fall of 2001. The submission date shall be determined by the co-chairs in consultation with the President. Sec. 6. Termination. The Commission shall terminate thirty days after submitting its final report. 2 Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Memorandum - To: Agency-Heads - From: Jay P. Lefkowitz 6 04/13/2001 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 [6] 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 PRAJ 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 EXECUTIVE OFFICE OF THE PRESIDENT MASSACHUSETTS OFFICE OF THE MANAGE PRESIDENT STATE AND UNITED OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 ok April 26, 2001 MEMORANDUM FOR DESIGNATED AGENCY HEADS (SEE ATTACHED DISTRIBUTION LIST) FROM: Jay P. Lefkowitz OH 4/26/01 righ General Counsel SUBJECT: Proposed Executive Order Entitled "Amendment to Executive Order 13183, Establishment of the President's Task Force on Puerto Rico's Status" Attached is a proposed Executive order entitled "Amendment to Executive Order 13183, Establishment of the President's Task Force on Puerto Rico's Status," that was prepared by this office. 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 close of business today, April 26, 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 Proposed Executive Order cc: Mitch Daniels Sean O'Keefe Austin Smythe Jim Capretta Robin Cleveland Dick Emery Karen Keller Marcus Peacock Eric Pelletier Amy Smith Chris Ullman DISTRIBUTION LIST Honorable Colin L. Powell Secretary Department of State Honorable Paul H. O'Neil Secretary Department of the Treasury Honorable Donald Rumsfield 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 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. Page Secretary Department of Education Honorable Tommy G. Thompson Secretary Department of Health and Human Services Honorable Spencer Abraham Secretary Department of Energy Honorable Anthony J. Principi Secretary Department of Veterans Affairs Honorable George Tenet Director Central Intelligence Agency Honorable Steven R. Cohen Acting Director Office of Personnel Management Honorable Margaret LaMontagne Assistant to the President for Domestic Policy Honorable Diana Furchtgott-Roth Chief of Staff 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 Lindsay 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 EXECUTIVE ORDER AMENDMENT TO EXECUTIVE ORDER 13183, ESTABLISHMENT OF THE PRESIDENT'S TASK FORCE ON PUERTO RICO'S STATUS By the authority vested in me as President by the Constitution and the laws of of the United States of America, and in order to extend by three months the time in which the President's Task Force on Puerto Rico's Status is to report to the President on the progress made in the determination of Puerto Rico's ultimate status, it is hereby ordered that section 4 of Executive Order 13183 is amended by deleting "May 1, 2001" and inserting in lieu thereof "August 1, 2001". THE WHITE HOUSE, OFFICE EXTRE PRESIDENT STATES SW UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 February 28, 2001 MEMORANDUM FOR DESIGNATED AGENCY HEADS (SEE ATTACHED DISTRIBUTION LIST) FROM: Rosalyn J. Rettman RJR. Acting General Counsel SUBJECT: Proposed Executive Order Entitled "Further Amendment to Executive Order 10000, Regulations Governing Additional Compensation and Credit Granted Certain Employees of the Federal Government Serving Outside the United States" Attached is a proposed Executive order entitled "Further Amendment to Executive Order 10000, Regulations Governing Additional Compensation and Credit Granted Certain Employees of the Federal Government Serving Outside the United States," that was prepared by the Office of Personnel Management. 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 close of business Monday, March 5, 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 Proposed Executive Order cc: Mitchell Daniels, Jr. Karen Keller Sean O'Keefe Marçus Peacock Dick Emery Austin Smythe Amy Smith Eric Pelletier Chris Ullman Jim Capretta 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 Spencer Abraham Secretary Department of Energy Honorable Anthony J. Principi Secretary Department of Veterans Affairs Honorable Michael McCabe Acting Administrator Environmental Protection Agency Honorable George Tenet Director Central Intelligence Agency Honorable Steven R. Cohen Acting Director Office of Personnel Management Honorable Margaret LaMontagne Assistant to the President for Domestic Policy Council Alice Williams Confidential Assistant to the Chair 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 EXECUTIVE ORDER FURTHER AMENDMENT TO EXECUTIVE ORDER 10000, REGULATIONS GOVERNING ADDITIONAL COMPENSATION AND CREDIT GRANTED CERTAIN EMPLOYEES OF THE FEDERAL GOVERNMENT SERVING OUTSIDE THE UNITED STATES By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to give effect to the terms of a recent settlement agreement relating to additional compensation for Federal employees working in non-foreign areas outside the continental United States, it is hereby ordered that Executive Order 10000, as amended, is further amended as follows: Section 1. Section 201 is amended by striking "(a)" and by striking ", and (b) the words "section 207 of the Act' have the meaning set forth in section 101 hereof". Sec. 2. Section 205 is amended by striking "(a)" and by striking subsection (b). Sec. 3. Section 210 is amended: (a) by striking ", but at least annually,"; and (b) by striking "if program or methodology revisions would substantially reduce an established differential or allowance rate, then". EXECUTIVE OFFICE OF THE PRESIDENT STATE SECUTI UNITED OFFICE OFFICE OF MANAGEMENT AND BUDGET WASHINGTON D.C. 20503 JAN 16 2001 MEMORANDUM FOR REGULATORY POLICY OFFICERS AT EXECUTIVE DEPARTMENTS AND AGENCIES MANAGING AND EXECUTIVE DIRECTORS OF CERTAIN AGENCIES AND COMMISSIONS FROM: Donald Arbuckle Hold SUBJECT April 2001 Unified Agenda of Federal Regulatory and Deregulatory Actions This memorandum describes guidelines and procedures for publishing the April 2001 Unified Agenda of Federal Regulatory and Deregulatory Actions (see Attachment). As you know, publication of the Agenda represents a key component of the regulatory planning mechanism prescribed in Executive Order 12866 "Regulatory Planning and Review" of September 30, 1993 (58 FR 51735; October 4, 1993). As you prepare your Unified Agenda submission, please remember our underlying objectives. The Executive Order emphasized better planning and coordination of the regulatory process and also stressed the need to make the regulatory process more accessible and open to the public. The Agenda and the Plan contribute significantly to achieving these objectives. We also urge you to keep in mind the need for better communication with the public. You can find extensive online guidance on improving communication at http://www.plainlanguage.gov. The Regulatory Information Service Center will prepare the April 2001 Agenda from the ROCIS data base system. Agencies that submit data in an electronic form should access ROCIS through the Internet, following the Center's instructions. Once again we ask that you indicate whether each regulatory action has "federalism implications" as defined in Executive Order 13132 "Federalism" issued on August 4, 1999 (64 FR 43255; August 10, 1999). The term "federalism implications" refers to actions "that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." Independent agencies are encouraged to answer this question, but are not required to do SO. Agencies that use the Agenda to report reviews of existing regulations under section 610(c) of the Regulatory Flexibility Act (5 U.S.C. chapter 6) will again be able to report current reviews, completions of reviews, and actions that are the result of completed reviews. Please read carefully the attached guidelines and procedures for an explanation of how this information will - 2 appear in the Unified Agenda. It is important to understand that the information you provide in each Agenda entry should apply to the current activity you are reporting and not to the underlying rule that you are reviewing or amending. Please update the information that appeared in the October 2000 Regulatory Plan and Agenda and submit the required information for new items, including any actions that both began and ended since then. The attachments to this memorandum include all the materials you need to prepare your submissions. They explain in detail how to prepare your Agenda submission, whether you enter your information directly into the data base, transmit a complete electronic data file, or submit your information on paper forms. Please follow carefully the procedures explained in the attachments and be sure to include all required documents with your submissions. It is very important that your agency submit all Unified Agenda materials by February 23, 2001. Late submission could jeopardize timely publication. Please be sure that your submissions are accurate and complete as of that date; we may not be able to make changes submitted later. You may direct any questions regarding the content of agency plans or agendas to the appropriate desk officer in the Office of Information and Regulatory Affairs, Office of Management and Budget. Please direct your submissions, as well as requests for additional materials and production questions, to the Regulatory Information Service Center, General Services Administration, 1800 F Street NW., Suite 3039, Washington, DC 20405, (202) 482-7340 Thank you for your cooperation and prompt attention. Attachments cc. Heads of Executive Departments Certain Agencies and Commissions Regulatory Working Group Attachment 1 Guidelines and Procedures for the April 2001 Unified Agenda of Federal Regulatory and Deregulatory Actions Why Is the Unified Agenda Published? All executive departments and establishments subject to Executive Order No. 12866 "Regulatory Planning and Review" of September 30, 1993 (58 FR 51735; October 4, 1993) are required by section 4(b) to publish a regulatory agenda every 6 months. The Unified Agenda of Federal Regulatory and Deregulatory Actions is a compilation of these agendas. In addition, the Unified Agenda furthers the purposes of the Regulatory Flexibility Act (5 U.S.C. 602 and 605). What Regulations Should Agencies Include in Their Agendas? Regulatory agendas should describe all regulations under development or review during the 12 months following publication. This includes, at a minimum, any plans to publish or otherwise implement an Advance Notice of Proposed Rulemaking, a Notice of Proposed Rulemaking, or a Final Rule. Agencies may include any plans to conduct a review pursuant to 5 U.S.C. 610(c) or section 5 of Executive Order 12866. An agency need not include in its regulatory agenda those rulemaking actions that are excluded by section 3(d)(1)-(4) of Executive Order 12866. How May Agencies Use the Unified Agenda to Comply with the Periodic Review Requirements of the Regulatory Flexibility Act? Some agencies choose to use the Unified Agenda to publish notices of the rules they have selected for periodic review under section 610(c) of the Regulatory Flexibility Act. For those agencies, note that section 610(c) of the Act states: "Each year, each agency shall publish in the Federal Register a list of the rules which have a significant economic impact on a substantial number of small entities, which are to be reviewed pursuant to this section during the succeeding twelve months. The list shall include a brief description of each rule and the need for and legal basis of such rule and shall invite public comment upon the rule." To facilitate this process, the Unified Agenda provides agencies a means of identifying these entries. By responding to the Section 610 Review question, you may select one of the following labels to append to the title, highlighting this designation in agency tables of contents and existing indexes, and listing these entries in a separate index. 2 (Section 610 Review) -- To report a planned or current review in the prerule part of the agency's agenda. If you identify rules for review under section 610(c), we remind you to include in those entries "a brief description of each rule and the need for and legal basis of such rule." Also, you should "invite public comment upon the rule" in your agency's preamble to the Agenda. (Completion of a Section 610 Review) -- To report the completion of a review in the completed actions part of the agency's agenda. (Rulemaking Resulting From a Section 610 Review) -- To report a rulemaking that is the result of a review. The information that you provide in each Agenda entry should apply to the current activity you are reporting and not to the underlying rule that the agency is reviewing or amending. In particular, the question about whether a regulatory flexibility analysis is required refers to the current action, not the original rule. The General Accounting Office issued a report on agencies' use of the Unified Agenda for complying with section 610(c) and their interpretations of the review requirements (GAO/GGD- 99-55; B-282127; April 1999). How Should an Agency Prepare Its Data for Publication in the Unified Agenda? Agencies participating in the Unified Agenda should publish their respective portions in the uniform format specified in the instructions of the Regulatory Information Service Center (RISC). RISC edits and compiles the Unified Agenda on behalf of OIRA. Agencies have three alternative methods to prepare data on individual entries for publication in the Unified Agenda: (1) Direct Entry. The agency establishes a connection through the Internet between one or more of its own computer terminals and the Unified Agenda data base, which is on the RISC-OIRA Combined Information System (ROCIS). Agency personnel should enter data directly into ROCIS. For preparation of the April 2001 Unified Agenda, ROCIS will be protected by a security procedure. (2) Data File. An agency that stores its Agenda data in its own data base may choose to send the data to RISC in a single electronic transmission. Agency personnel prepare a file according to the specific file format prescribed by RISC for this option. The agency then establishes a connection through the Internet between one of its own computer terminals and the Unified Agenda data base, which is on ROCIS. The agency personnel then use ROCIS to transmit the prepared file. If you are interested in data file submission, contact RISC for further information. 3 (3) Paper Forms. The agency chooses to submit its agenda entries on paper forms and the RISC staff arranges for keying the data into ROCIS. For entries that will appear for the first time in the April 2001 Agenda, you should use Regulatory Information Data Forms marked "4/2000 Edition." To update entries that appeared in the October 2000 Unified Agenda, you should submit marked copies of "Agenda Review Reports" which you have printed from ROCIS. It is important that you provide in the Timetable section of every entry that is not a completion an estimated date for the "Next Action" the first action scheduled to occur on or after April 1, 2001. For each agency that prepares its agenda by (1) Direct Entry or (2) Data File, ROCIS provides to the agency's agenda contact staff the ability to generate and print out on the agency's own printers all of the agency's entries and an error report. You should use the error report to correct any errors and supply any missing data. When the agency is satisfied that its entries are complete and accurate, a designated person at the agency will be able to submit the entries to RISC electronically through ROCIS. Direct Entry and Data File agencies should enter their preambles directly into ROCIS. The required, signed copies (see below) should be printed by the agency directly from ROCIS. For further information about these procedures, please contact RISC. What Documents Should an Agency Submit? Each agency participating in the Unified Agenda should submit the following documents to RISC. (1) One signed original and two certified copies of the preamble to its regulatory agenda. (Please note that the signature is required to be that of the person whose name and title are typed in the document's signature block. One person may not sign for another person.) The preamble must meet the normal requirements for printing in the Federal Register, including a list of CFR chapters pertaining to the agency. (2) (Only for agencies that choose to submit their data on paper forms) A paper copy of the agency's agenda entries. New entries should be on Regulatory Information Data Forms. Repeating entries should be on marked copies of "Agenda Review Reports" that the agency has obtained from RISC. (3) A letter addressed to the Office of the Federal Register (see sample letter) authorizing RISC to assemble the agency's agenda and authorizing the Government Printing Office (GPO) to bill the agency for printing its portion of the Unified Agenda. The letter should include the agency's billing code. 4 When and How Should Agencies Submit Their Agendas? The deadline for submission of all completed agenda materials is February 23, 2001. Agencies should submit the applicable forms and other required documents to the Regulatory Information Service Center (MI), General Services Administration, 1800 F Street NW., Suite 3039, Washington, DC 20405; telephone (202) 482-7340. RISC will then assemble the entire Unified Agenda and ensure that each agency agenda are compiled and forwarded to GPO for printing in a single day's issue of the Federal Register. Each agency will be able to obtain reprint copies of its individual agenda through the GPO procurement process. How Can Agencies Obtain Further Information? For further information concerning the content requirements of agency agendas, contact your agency's desk officer in the Office of Information and Regulatory Affairs, Office of Management and Budget. For further information concerning automated agenda production, specific data requirements, format, completion, or submission of agency agendas, contact the Regulatory Information Service Center; telephone (202) 482-7340. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE W THE PRESIDENT STATES & UNITED OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 October 18, 2001 MEMORANDUM FOR DESIGNATED AGENCY HEADS (SEE ATTACHED DISTRIBUTION LIST) FROM: Jay P. Lefkowitz 814 General Counsel SUBJECT: Proposed Executive Order Entitled "2001 Amendments to the Manual For Courts-Martial, United States" Attached is a proposed executive order entitled "2001 Amendments to the Manual For Courts-Martial, United States," that was prepared by the Department of Defense. 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 close of business, Thursday, November 1, 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. Scott Laragy (202-395- 7235) of this office or fax to 202-395-6974. Thank you. Attachments - Distribution List Proposed Executive Order cc: Mitch Daniels Dick Emery Angela Styles Sean O'Keefe Mark Forman Chris Ullman Austin Smythe John Graham Lloyd Blanchard Marcus Peacock Jim Capretta Eric Pelletier CEA has no Robin Cleveland Amy Smith converts PHE Hon Hubbard DISTRIBUTION LIST Honorable Donald Rumsfeld Secretary Department of Defense Honorable John Ashcroft United States Attorney General Honorable Norman Y. Mineta Secretary Department of Transportation Honorable Anthony J. Principi Secretary Department of Veterans Affairs Honorable George Tenet Director Central Intelligence Agency 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 Nick Calio Assistant to the President and Cabinet Secretary Honorable Karl Rove Senior Advisor to the President Honorable David Addington Counsel to the Vice President