issue-1996-05-24•Federal Register executive orders — 1996-05-24
Federal Register executive orders — 1996-05-24
issue-1996-05-24Federal Register executive orders — 1996-05-24Executive Order
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-13306 Empowerment Contracting
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Presidential Documents]
[Pages 26069-26070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13306]
Presidential Documents
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 26069]]
Executive Order 13005 of May 21, 1996
Empowerment Contracting
In order to promote economy and efficiency in Federal
procurement, it is necessary to secure broad-based
competition for Federal contracts. This broad
competition is best achieved where there is an
expansive pool of potential contractors capable of
producing quality goods and services at competitive
prices. A great and largely untapped opportunity for
expanding the pool of such contractors can be found in
this Nation's economically distressed communities.
Fostering growth of Federal contractors in
economically distressed communities and ensuring that
those contractors become viable businesses for the long
term will promote economy and efficiency in Federal
procurement and help to empower those communities.
Fostering growth of long-term viable contractors will
be promoted by offering appropriate incentives to
qualified businesses.
Accordingly, by the authority vested in me as
President by the Constitution and the laws of the
United States, including section 486(a) of title 40,
United States Code, and section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. Policy. The purpose of this order is to
strengthen the economy and to improve the efficiency of
the Federal procurement system by encouraging business
development that expands the industrial base and
increases competition.
Sec. 2. Empowerment Contracting Program. In
consultation with the Secretaries of the Departments of
Housing and Urban Development, Labor, and Defense; the
Administrator of General Services; the Administrator of
the National Aeronautics and Space Administration; the
Administrator of the Small Business Administration; and
the Administrator for Federal Procurement Policy, the
Secretary of the Department of Commerce shall develop
policies and procedures to ensure that agencies, to the
extent permitted by law, grant qualified large
businesses and qualified small businesses appropriate
incentives to encourage business activity in areas of
general economic distress, including a price or an
evaluation credit, when assessing offers for government
contracts in unrestricted competitions, where the
incentives would promote the policy set forth in this
order. In developing such policies and procedures, the
Secretary shall consider the size of the qualified
businesses.
Sec. 3. Monitoring and Evaluation. The Secretary
shall:
(a) monitor the implementation and operation of
the policies and procedures developed in accordance
with this order;
(b) develop a process to ensure the proper
administration of the program and to reduce the
potential for fraud by the intended beneficiaries of
the program;
(c) develop principles and a process to evaluate
the effectiveness of the policies and procedures
developed in accordance with this order; and
(d) by December 1 of each year, issue a report to
the President on the status and effectiveness of the
program.
Sec. 4. Implementation Guidelines. In implementing
this order, the Secretary shall:
[[Page 26070]]
(a) issue rules, regulations, and guidelines
necessary to implement this order, including a
requirement for the periodic review of the eligibility
of qualified businesses and distressed areas;
(b) draft all rules, regulations, and guidelines
necessary to implement this order within 90 days of the
date of this order; and
(c) ensure that all policies and procedures and
all rules, regulations, and guidelines adopted and
implemented in accordance with this order minimize the
administrative burden on affected agencies and the
procurement process.
Sec. 5. Definitions. For purposes of this Executive
order:
(a) ``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).
(b) ``Area of general economic distress'' shall be
defined, for all urban and rural communities, as any
census tract that has a poverty rate of at least 20
percent or any designated Federal Empowerment Zone,
Supplemental Empowerment Zone, Enhanced Enterprise
Community, or Enterprise Community. In addition, the
Secretary may designate as an area of general economic
distress any additional rural or Indian reservation
area after considering the following factors:
(1) Unemployment rate;
(2) Degree of poverty;
(3) Extent of outmigration; and
(4) Rate of business formation and rate of
business growth.
(c) ``Qualified large business'' means a large
for-profit or not-for-profit trade or business that (1)
employs a significant number of residents from the area
of general economic distress; and (2) either has a
significant physical presence in the area of general
economic distress or has a direct impact on generating
significant economic activity in the area of general
economic distress.
(d) ``Qualified small business'' means a small
for-profit or not-for-profit trade or business that (1)
employs a significant number of residents from the area
of general economic distress; (2) has a significant
physical presence in the area of general economic
distress; or (3) has a direct impact on generating
significant economic activity in the area of general
economic distress.
(e) ``Secretary'' means the Secretary of Commerce.
Sec. 6. Agency Authority. Nothing in this Executive
order shall be construed as displacing the agencies'
authority or responsibilities, as authorized by law,
including specifically other programs designed to
promote the development of small or disadvantaged
businesses.
Sec. 7. Judicial Review. This Executive order 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.
(Presidential Sig.)
THE WHITE HOUSE,
May 21, 1996.
[FR Doc. 96-13306
Filed 5-23-96; 8:45 am]
Billing code 3195-01-P
Complete official Federal Register PDF
FR Doc. 96-13305 Locating Federal Facilities on Historic Properties in Our Nation's Central Cities
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Presidential Documents]
[Pages 26071-26072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13305]
Presidential Documents
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 /
Presidential Documents
[[Page 26071]]
Executive Order 13006 of May 21, 1996
Locating Federal Facilities on Historic
Properties in Our
Nation's Central Cities
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Historic Preservation
Act (16 U.S.C. 470 et seq.) and the Public Buildings
Cooperative Use Act of 1976 (90 Stat. 2505), and in
furtherance of and consistent with Executive Order No.
12072 of August 16, 1978, and Executive Order No. 11593
of May 13, 1971, it is hereby ordered as follows:
Section 1. Statement of Policy. Through the
Administration's community empowerment initiatives, the
Federal Government has undertaken various efforts to
revitalize our central cities, which have historically
served as the centers for growth and commerce in our
metropolitan areas. Accordingly, the Administration
hereby reaffirms the commitment set forth in Executive
Order No. 12072 to strengthen our Nation's cities by
encouraging the location of Federal facilities in our
central cities. The Administration also reaffirms the
commitments set forth in the National Historic
Preservation Act to provide leadership in the
preservation of historic resources, and in the Public
Buildings Cooperative Use Act of 1976 to acquire and
utilize space in suitable buildings of historic,
architectural, or cultural significance.
To this end, the Federal Government shall utilize and
maintain, wherever operationally appropriate and
economically prudent, historic properties and
districts, especially those located in our central
business areas. When implementing these policies, the
Federal Government shall institute practices and
procedures that are sensible, understandable, and
compatible with current authority and that impose the
least burden on, and provide the maximum benefit to,
society.
Sec. 2. Encouraging the Location of Federal Facilities
on Historic Properties in Our Central Cities. When
operationally appropriate and economically prudent, and
subject to the requirements of section 601 of title VI
of the Rural Development Act of 1972, as amended (42
U.S.C. 3122), and Executive Order No. 12072, when
locating Federal facilities, Federal agencies shall
give first consideration to historic properties within
historic districts. If no such property is suitable,
then Federal agencies shall consider other developed or
undeveloped sites within historic districts. Federal
agencies shall then consider historic properties
outside of historic districts, if no suitable site
within a district exists. Any rehabilitation or
construction that is undertaken pursuant to this order
must be architecturally compatible with the character
of the surrounding historic district or properties.
Sec. 3. Identifying and Removing Regulatory Barriers.
Federal agencies with responsibilities for leasing,
acquiring, locating, maintaining, or managing Federal
facilities or with responsibilities for the planning
for, or managing of, historic resources shall take
steps to reform, streamline, and otherwise minimize
regulations, policies, and procedures that impede the
Federal Government's ability to establish or maintain a
presence in historic districts or to acquire historic
properties to satisfy Federal space needs, unless such
regulations, policies, and procedures are designed to
protect human health and safety or the environment.
Federal agencies are encouraged to seek the assistance
of the Advisory Council on Historic Preservation when
taking these steps.
[[Page 26072]]
Sec. 4. Improving Preservation Partnerships. In
carrying out the authorities of the National Historic
Preservation Act, the Secretary of the Interior, the
Advisory Council on Historic Preservation, and each
Federal agency shall seek appropriate partnerships with
States, local governments, Indian tribes, and
appropriate private organizations with the goal of
enhancing participation of these parties in the
National Historic Preservation Program. Such
partnerships should embody the principles of
administrative flexibility, reduced paperwork, and
increased service to the public.
Sec. 5. Judicial Review. This order is not intended to
create, nor does it create, any right or benefit,
substantive or procedural, enforceable at law by a
party against the United States, its agencies or
instrumentalities, its officers or employees, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
May 21, 1996.
[FR Doc. 96-13305
Filed 5-23-96; 8:45 am]
Billing code 3195-01-P
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