Independent Agencies & Government Corporations

Pilot projects in the designated agencies shall include proposed waivers in accordance with section for one or more of the major functions and operations of the agency. Any proposed waiver of procedural requirements or controls imposed by an agency may not be included in a performance plan unless it is endorsed by the agency that established the requirement, and the endorsement included in the proposing agency’s performance plan. Any such proposal under subsection shall describe the anticipated effects on performance resulting from greater managerial or organizational flexibility, discretion, and authority, and shall quantify the expected improvements in performance resulting from any waiver. The expected improvements shall be compared to current actual performance, and to the projected level of performance that would be achieved independent of any waiver. All the functions vested in the President by Section 121 of the Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. 68a) [31 U.S.C. 9503], are delegated to the Director of the Office of Management and Budget.

However, there are sufficient commonalities among the several corporations, that it is possible to make some generalizations about their authorities, organization, mission, and behavior. The GCCA is not a general incorporation act such as is in effect in the states. The charter for each federal government corporation is the separate enabling legislation passed by Congress. The GCCA also does not offer a general definition of what constitutes a government corporation.

“a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a. One court has relied on non-Privacy Act case law concerning grand jury records to hold that a grand jury transcript, “though in possession of the U.S. Attorney, is not a record of the Justice Department within the meaning of the Privacy Act.” Kotmair v. DOJ, No. S , slip op. at 1 (D. Md. July 12, 1994) (citing United States v. Penrod, 609 F.2d 1092, 1097 (4th Cir. 1979), for above proposition, but then confusingly not applying same theory to analysis of FOIA accessibility), aff’d, 42 F.3d 1386 (4th Cir. 1994) . Under Florida law, e-mail addresses are public records.

In subsection , before clause , the words “budget program” are substituted for “budget program shall be a business-type budget, or plan of operation” for consistency and to eliminate unnecessary words. In clause , the words “actual” and “completed” are omitted as surplus. In clause , the words “as are necessary or desirable”, “types of”, “together with”, and “funds” are omitted as surplus. In clause , the words “as authorized by law” are omitted as surplus. The U.S. Post Office may be the best-known government corporation. It was a Cabinet-level agency from its inception in 1795, until the Postal Reorganization Act of 1970 established the United States Postal Service .

In the short time that President Donald Trump has been in office, the revolving door between industry and the federal agencies regulating them is back in full swing thanks to the administration loosening restrictions on lobbyists taking posts at agencies they previously sought to influence on behalf corporate clients. The independent nonprofit newsroom ProPublica discovered dozens of federally registered lobbyists who were among the first Trump appointees to take positions in federal agencies. For example, lobbyists for the pharmaceutical industry and health insurance companies are now in key posts at the U.S. Department of Health and Human Services; a lobbyist for the construction industry who fought wage and worker safety standards now works for the U.S. Department of Labor; a lobbyist for the extractive resources industry is now at the U.S.

In clause , the words “of said penal bond” are omitted because of the restatement. In clause , the words “civil action” are substituted for “judicial proceedings” for consistency. In clause , the word “official” is substituted for “administrative officer” for consistency. The Secretary of the Treasury shall keep the accounts of a Government corporation.

This practice came into question, however, as a consequence of a Supreme Court ruling in 1819. Congress at times has found the government corporation an attractive governance option. A well-designed and -operated government corporation does not require annual appropriations because it generates revenues from the provision of goods and services. Moreover, each government corporation may be endowed with the administrative flexibilities required to accomplish its goals while remaining responsive to Congress and the President. Finally, as noted above, the government corporation may be established to serve an enduring purpose or may serve as a vehicle for privatization. Within the executive branch, no one agency is responsible for the oversight and supervision of government corporations.

The words “as have been” are omitted as executed. In clause , the words “terms and” are omitted as surplus. Subsection of this section does not apply to the Federal Intermediate Credit Banks, the Central Bank for Cooperatives, the Regional Banks for Cooperatives, or the Federal Land Banks. However, the head of each of those banks shall report each year to the Secretary the names of depositaries where accounts are kept. If the Secretary considers it advisable when an annual report is received, the Secretary may make a written report to the corporation, the President, and Congress.

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