All pastes #981957 Raw Edit

Untitled

public text v1 · immutable
·published 2008-04-12 04:50 UTC
rendered paste body
             EX. ORD. NO. 12803. INFRASTRUCTURE PRIVATIZATION         
      Ex. Ord. No. 12803, Apr. 30, 1992, 57 F.R. 19063, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    ensure that the United States achieves the most beneficial economic
    use of its resources, it is hereby ordered as follows:
      Section 1. Definitions. For purposes of this order:
      (a) "Privatization" means the disposition or transfer of an
    infrastructure asset, such as by sale or by long-term lease, from a
    State or local government to a private party.
      (b) "Infrastructure asset" means any asset financed in whole or
    in part by the Federal Government and needed for the functioning of
    the economy. Examples of such assets include, but are not limited
    to: roads, tunnels, bridges, electricity supply facilities, mass
    transit, rail transportation, airports, ports, waterways, water
    supply facilities, recycling and wastewater treatment facilities,
    solid waste disposal facilities, housing, schools, prisons, and
    hospitals.
      (c) "Originally authorized purposes" means the general objectives
    of the original grant program; however, the term is not intended to
    include every condition required for a grantee to have obtained the
    original grant.
      (d) "Transfer price" means: (i) the amount paid or to be paid by
    a private party for an infrastructure asset, if the asset is
    transferred as a result of competitive bidding; or (ii) the
    appraised value of an infrastructure asset, as determined by the
    head of the executive department or agency and the Director of the
    Office of Management and Budget, if the asset is not transferred as
    a result of competitive bidding.
      (e) "State and local governments" means the government of any
    State of the United States, the District of Columbia, any
    commonwealth, territory, or possession of the United States, and
    any county, municipality, city, town, township, local public
    authority, school district, special district, intrastate district,
    regional or interstate governmental entity, council of governments,
    and any agency or instrumentality of a local government, and any
    federally recognized Indian Tribe.
      Sec. 2. Fundamental Principles. Executive departments and
    agencies shall be guided by the following objectives and
    principles: (a) Adequate and well-maintained infrastructure is
    critical to economic growth. Consistent with the principles of
    federalism enumerated in Executive Order No. 12612 [formerly set
    out under section 601 of Title 5, Government Organization and
    Employees], and in order to allow the private sector to provide for
    infrastructure modernization and expansion, State and local
    governments should have greater freedom to privatize infrastructure
    assets.
      (b) Private enterprise and competitively driven improvements are
    the foundation of our Nation's economy and economic growth. Federal
    financing of infrastructure assets should not act as a barrier to
    the achievement of economic efficiencies through additional private
    market financing or competitive practices, or both.
      (c) State and local governments are in the best position to
    assess and respond to local needs. State and local governments
    should, subject to assuring continued compliance with Federal
    requirements that public use be on reasonable and nondiscriminatory
    terms, have maximum possible freedom to make decisions concerning
    the maintenance and disposition of their federally financed
    infrastructure assets.
      (d) User fees are generally more efficient than general taxes as
    a means to support infrastructure assets. Privatization
    transactions should be structured so as not to result in
    unreasonable increases in charges to users.
      Sec. 3. Privatization Initiative. To the extent permitted by law,
    the head of each executive department and agency shall undertake
    the following actions:
      (a) Review those procedures affecting the management and
    disposition of federally financed infrastructure assets owned by
    State and local governments and modify those procedures to
    encourage appropriate privatization of such assets consistent with
    this order;
      (b) Assist State and local governments in their efforts to
    advance the objectives of this order; and
      (c) Approve State and local governments' requests to privatize
    infrastructure assets, consistent with the criteria in section 4 of
    this order and, where necessary, grant exceptions to the
    disposition requirements of the "Uniform Administrative
    Requirements for Grants and Cooperative Agreements to State and
    Local Governments" common rule, or other relevant rules or
    regulations, for infrastructure assets; provided that the transfer
    price shall be distributed, as paid, in the following manner: (i)
    State and local governments shall first recoup in full the
    unadjusted dollar amount of their portion of total project costs
    (including any transaction and fix-up costs they incur) associated
    with the infrastructure asset involved; (ii) if proceeds remain,
    then the Federal Government shall recoup in full the amount of
    Federal grant awards associated with the infrastructure asset, less
    the applicable share of accumulated depreciation on such asset
    (calculated using the Internal Revenue Service accelerated
    depreciation schedule for the categories of assets in question);
    and (iii) finally, the State and local governments shall keep any
    remaining proceeds.
      Sec. 4. Criteria. To the extent permitted by law, the head of an
    executive department or agency shall approve a request in
    accordance with section 3(c) of this order only if the grantee: (a)
    Agrees to use the proceeds described in section 3(c)(iii) of this
    order only for investment in additional infrastructure assets
    (after public notice of the proposed investment), or for debt or
    tax reduction; and
      (b) Demonstrates that a market mechanism, legally enforceable
    agreement, or regulatory mechanism will ensure that: (i) the
    infrastructure asset or assets will continue to be used for their
    originally authorized purposes, as long as needed for those
    purposes, even if the purchaser becomes insolvent or is otherwise
    hindered from fulfilling the originally authorized purposes; and
    (ii) user charges will be consistent with any current Federal
    conditions that protect users and the public by limiting the
    charges.
      Sec. 5. Government-wide Coordination and Review. In implementing
    Executive Order Nos. 12291 and 12498 [formerly set out under
    section 601 of Title 5, Government Organization and Employees] and
    OMB Circular No. A-19, the Office of Management and Budget, to the
    extent permitted by law and consistent with the provisions of those
    authorities, shall take action to ensure that the policies of the
    executive department and agencies are consistent with the
    principles, criteria, and requirements of this order. The Office of
    Management and Budget shall review the results of implementing this
    order and report thereon to the President 1 year after the date of
    this order.
      Sec. 6. Preservation of Existing Authority. Nothing in this order
    is in any way intended to limit any existing authority of the heads
    of executive departments and agencies to approve privatization
    proposals that are otherwise consistent with law.
      Sec. 7. Judicial Review. This order is intended only to improve
    the internal management of the executive branch, and is not
    intended to create any right or benefit, substantive or procedural,
    enforceable by a party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other person.
                                                            George Bush.


SOURCE: http://uscode.house.gov/download/pls/31C5.txt

-lol33ta