Executive Order 12615 --
Performance of Commercial Activities
By
the authority vested in me as President by the Constitution and laws of the
Section 1. The head of each Executive department
and agency shall, to the extent permitted by law:
(a)
Ensure that new Federal Government requirements for commercial activities are
provided by private industry, except where statute or national security
requires government performance or where private industry costs are
unreasonable;
(b)
Identify by
(c)
Schedule, by
(d)
Meet the study goals for Fiscal Year 1988 set forth in ``Management of the
United States Government, Fiscal Year 1988''; and thereafter, beginning with
Fiscal Year 1989, conduct annual studies of not less than 3 percent of the
department or agency's total civilian population, until all identified
potential commercial activities have been studied;
(e)
Include in each annual budget proposal to the Office of Management and Budget
estimates of expected yearly budget savings from the privatization of
commercial activities projected to be accomplished following the completion of scheduled
studies, unless an exception is authorized by the Director of the Office of
Management and Budget. These estimates shall be based on analysis of savings
under previous studies and estimated savings to be achieved from future
conversions to contract. A department or agency proposal may reflect retention
of expected first-year savings as negotiated with the Office of Management and
Budget for use as incentive compensation to reward employees covered by the
studies for their productivity efforts, or for use in other productivity
enhancement projects;
(f)
Develop and maintain an effective job placement program for government
employees affected by privatization initiatives and cooperate fully in
interagency placement efforts;
(g)
Designate a senior-level official to coordinate the OMB Circular No. A - 76
studies and other privatization efforts; and
(h)
Report to the President on progress each quarter, through the Director of the
Office of Management and Budget.
Sec. 2. The Director of the Office of Management
and Budget shall, to the extent permitted by law:
(a)
Issue guidance to departments and agencies to implement this Order. Such
guidance shall be designed to ensure an equitable cost comparison of
government-operated commercial activities with private industry performance of
the same activities, and to improve the efficiency in the conduct of studies;
(b)
Publish for public review (i) not later than 30 days
after its completion, the inventory of commercial activities identified pursuant
to section 1(b) and the activities scheduled for study by departments and
agencies in Fiscal Year 1988 pursuant to section 1(c); and (ii) not later than
30 days before the start of each successive fiscal year, the list of activities
to be reviewed during that year pursuant to section 1(d); and
(c)
Establish a tracking system to monitor, on a quarterly basis, progress by
departments and agencies in carrying out this Order.
Sec. 3. The Director of the Office of Personnel
Management, in consultation with the heads of other Executive departments and
agencies, shall review and revise, as necessary and to the extent permitted by
law, personnel policies and regulations in order (a) to ensure that government
managers have the flexibility to organize in the most effective and efficient
manner to achieve levels of productivity comparable with those of private
industry, and (b) to reduce any adverse effects of productivity improvements on
employees.
Sec. 4. For purposes of this Order, the terms
``commercial activity,'' ``conversion to contract,'' and ``cost comparison''
shall have the meanings set forth in OMB Circular No. A - 76, as revised.
Sec. 5. Nothing in this Order shall be construed
to confer a private right of action on any person, or to add in any way to
applicable procurement procedures required by existing law.
Ronald
Reagan
The
White House,
[Filed with the Office
of the Federal Register,