Office of Management and Budget (OMB):
November 12, 2020June 22, 2023
An Overview
Taylor N. Riccard,
The Office of Management and Budget (OMB) is a component of the Executive Office
The Office of Management and Budget (OMB) is a component of the Executive Office
Coordinator
of the President (EOP). OMB is tasked with numerous statutory duties relating to the
of the President (EOP). OMB is tasked with numerous statutory duties relating to the
Analyst in Government
Analyst in Government
operations of executive branch agencies. As a source of support to the institutional
operations of executive branch agencies. As a source of support to the institutional
Organization and
Organization and
presidency, OMB also acts on the President’s behalf in preparing the President’s annual
presidency, OMB also acts on the President’s behalf in preparing the President’s annual
Management
Management
budget proposal, overseeing executive branch agencies, and helping steer the President’s
budget proposal, overseeing executive branch agencies, and helping steer the President’s
policy actions and agenda. In pursuing these activities, OMB interacts extensively with policy actions and agenda. In pursuing these activities, OMB interacts extensively with
Clinton T. Brass
Congress and agencies in ways that are both publicly visible and more hidden from
Congress and agencies in ways that are both publicly visible and more hidden from
Specialist in Government
Specialist in Government
view. An overview of OMB may assist Congress in understanding OMB’s roles and
view. An overview of OMB may assist Congress in understanding OMB’s roles and
Organization and
Organization and
Management Management
operations and thereby may help to inform Congress’s evaluation of policy options.
operations and thereby may help to inform Congress’s evaluation of policy options.
OMB was
OMB was
original yoriginally established in 1921 as the Bureau of the Budget (BOB) established in 1921 as the Bureau of the Budget (BOB)
within the within the
Barbara L. Schwemle
Department of the Treasury. It functioned under the supervision of the President. In
Department of the Treasury. It functioned under the supervision of the President. In
Analyst in American
Analyst in American
National Government National Government
1939, the office was transferred to the newly created EOP. BOB was redesignated in
1939, the office was transferred to the newly created EOP. BOB was redesignated in
1970 as OMB. Subsequently, Congress also statutorily established four offices within
1970 as OMB. Subsequently, Congress also statutorily established four offices within
OMB (OMB (
statutory offices) to oversee several cross-cutting processes and management ) to oversee several cross-cutting processes and management
matters.
matters.
Several institutional aspects of OMB may be of interest. OMB contains resource management offices that focus
Several institutional aspects of OMB may be of interest. OMB contains resource management offices that focus
on particular agencies and policy domains, the statutory offices, and OMB-wide support offices, in addition to on particular agencies and policy domains, the statutory offices, and OMB-wide support offices, in addition to
OMB’s leadership and their support staff. In recent years, Congress has provided funds to OMB through annual OMB’s leadership and their support staff. In recent years, Congress has provided funds to OMB through annual
appropriations in the Financial Services and General Government (FSGG) appropriations in the Financial Services and General Government (FSGG)
annual appropriations appropriations
bil bill. OMB’s . OMB’s
budget includes funds in a “Salaries and Expenses” (S&E) account. It could be argued that OMB’s core budget budget includes funds in a “Salaries and Expenses” (S&E) account. It could be argued that OMB’s core budget
also includes at least some funding in the “Information Technology Oversight and Reform” (ITOR) account. also includes at least some funding in the “Information Technology Oversight and Reform” (ITOR) account.
OMB’s workforce may be viewed from at least two perspectives: OMB’s OMB’s workforce may be viewed from at least two perspectives: OMB’s
overal overall staffing composition and senior staffing composition and senior
OMB positions that are established by statute. Furthermore, OMB’s website OMB positions that are established by statute. Furthermore, OMB’s website
al owsallows Congress and the public to Congress and the public to
explore OMB’s functions and policies, while also housing documents and other information, including explore OMB’s functions and policies, while also housing documents and other information, including
characterizations of the agency’s mission. characterizations of the agency’s mission.
OMB has significant and varied responsibilities. In pursuing these responsibilities, OMB is required to faithfully
OMB has significant and varied responsibilities. In pursuing these responsibilities, OMB is required to faithfully
execute its statutory responsibilities as passed by Congress and, in addition, may act as an agent to pursue the execute its statutory responsibilities as passed by Congress and, in addition, may act as an agent to pursue the
President’s policy preferences. From Congress’s perspective, there may be tensions or contradictions between the President’s policy preferences. From Congress’s perspective, there may be tensions or contradictions between the
two roles. Nevertheless, most observers identify the following as major functions of OMB: two roles. Nevertheless, most observers identify the following as major functions of OMB:
• budget formulation and execution; budget formulation and execution;
• legislative legislative
coordination and clearance; coordination and clearance;
• executive orders and proclamations; executive orders and proclamations;
• information and regulatory affairs; and information and regulatory affairs; and
• mission-support areas and management initiatives. mission-support areas and management initiatives.
Congress often faces trade-offs when considering issues that involve OMB. On one hand, Congress may
Congress often faces trade-offs when considering issues that involve OMB. On one hand, Congress may
statutorily authorize OMB with certain responsibilities in order to pursue Congress’s institutional and policy statutorily authorize OMB with certain responsibilities in order to pursue Congress’s institutional and policy
objectives. However, this authority may leave room for OMB to be more responsive to the presidency in ways objectives. However, this authority may leave room for OMB to be more responsive to the presidency in ways
that are inconsistent with congressional intent. As a result, Congress may confront multifaceted issues when that are inconsistent with congressional intent. As a result, Congress may confront multifaceted issues when
considering options for legislating on OMB’s activities. Across the breadth of OMB’s responsibilities, potential considering options for legislating on OMB’s activities. Across the breadth of OMB’s responsibilities, potential
issues for Congress include opportunities to conduct oversight of OMB’s activities and options for potential issues for Congress include opportunities to conduct oversight of OMB’s activities and options for potential
legislationlegislation
that would modify OMB’s roles.that would modify OMB’s roles.
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3537 Office of Management and Budget (OMB): An Overview
Contents
Introduction ..................................................................................................................................... 1 OMB History and Mission ........... 1
OMB History and Mission................................................................................................... 1
Capsule Statutory History ......................................................................................................... 1
Characterizations of OMB’s Mission ........................................................................................ 2 3
Institutional Aspects of OMB .......................................................................................................... 4
Organizational Structure ........................................................................................................... 4
OMB’s Budget .......................................................................................................................... 7
OMB Budget and Selected History ..................................................................................... 7 Illustrative 7
Il ustrative Topics from Consideration of OMB Appropriations ........................................ 9
OMB’s Workforce ................................................................................................................... 10
OMB Staffing Composition and Recent History .............................................................. 10
OMB Senior Officials and Appointments .......................................................................... 11
OMB’s Website and Documents ............................................................................................. 13
Major Functions ............................................................................................................................ 15
Budget Formulation and Execution ......................................................................................... 15
Legislative Coordination and Clearance ................................................................................. 16
Executive Orders and Proclamations ...................................................................................... 17
Information and Regulatory Affairs ........................................................................................ 18
OIRA Review of Regulations ........................................................................................... 18 18
OIRA Review of Information Collections ........................................................................ 19
Statistical Policy ............................................................................................................... 20
Information Policy ............................................................................................................ 21
Mission-Support Areas and Management Initiatives .............................................................. 21
Office of Federal Procurement Policy (OFPP) ................................................................. 22
Office of Federal Financial Management (OFFM) ........................................................... 22
Office of Electronic Government (E-Gov) ....................................................................... 23
OMB Roles in Federal Personnel Policy .......................................................................... 24
Management Reform and Government Performance Efforts ........................................... 25
Potential Issues for Congress ......................................................................................................... 26
Figures
Figure 1. Archived Organization Chart for OMB (Obama Administration, January 2017) ............ 6
Tables
Table 1. Senior OMB Positions Established by Statute ................................................................. 12 12
Table A-1. OMB Salaries and Expenses (S&E) Account: Appropriations, Obligations, and
Full-Time Equivalent (FTE) Employment ................................................................................. 29
Table A-2. OMB’s S&E Account: FTE Positions, by “Program Activity” .................................. 30. 31
Table A-3. OMB: On-Board Employment .................................................................................... 33 31
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3739 Office of Management and Budget (OMB): An Overview
Table B-1. OMB: Positions of Director, Deputy Director, and Deputy Director for
Management, Nomination and Confirmation ............................................................................. 34 32
Appendixes
Appendix A. OMB Budget and Staffing History .......................................................................... 29
Appendix B. Case Study of Trump Administration OMB Appointments ..................................... 34 32
Contacts
Author Information ........................................................................................................................ 35 33
Congressional Research Service
Congressional Research Service
Office of Management and Budget (OMB): An Overview
Introduction
The Office of Management and Budget (OMB) is a component of the Executive Office of the The Office of Management and Budget (OMB) is a component of the Executive Office of the
President (EOP).1 OMB has a number of statutory duties relating to the operations of executive President (EOP).1 OMB has a number of statutory duties relating to the operations of executive
branch agencies. As a source of support to the institutional presidency, OMB also acts on the branch agencies. As a source of support to the institutional presidency, OMB also acts on the
President’s behalf in preparing the President’s annual budget proposal, overseeing executive President’s behalf in preparing the President’s annual budget proposal, overseeing executive
branch agencies, and helping steer the President’s policy actions and agenda. In pursuing these branch agencies, and helping steer the President’s policy actions and agenda. In pursuing these
activities, OMB interacts extensively with Congress and agencies in ways that are both publicly activities, OMB interacts extensively with Congress and agencies in ways that are both publicly
visible and more hidden from view. visible and more hidden from view.
Congress often faces trade-offs when considering issues that involve OMB. On one hand,
Congress often faces trade-offs when considering issues that involve OMB. On one hand,
Congress may choose to authorize OMB to undertake certain activities in order to help implement Congress may choose to authorize OMB to undertake certain activities in order to help implement
Congress’s institutional and policy objectives. However, granting such authorities may leave Congress’s institutional and policy objectives. However, granting such authorities may leave
room for OMB to be more responsive to the presidency in ways that are inconsistent with room for OMB to be more responsive to the presidency in ways that are inconsistent with
congressional intent. As a result, Members and committees of Congress may confront congressional intent. As a result, Members and committees of Congress may confront
multifaceted issues when considering options for legislating on OMB’s activities. multifaceted issues when considering options for legislating on OMB’s activities.
This report provides an overview of OMB, including selected institutional aspects and several of
This report provides an overview of OMB, including selected institutional aspects and several of
its major functions. These perspectives may assist Congress in understanding the roles and its major functions. These perspectives may assist Congress in understanding the roles and
operations of OMB and thereby may help inform related congressional deliberations. The report operations of OMB and thereby may help inform related congressional deliberations. The report
concludes by highlighting potential issues for Congress regarding OMB, including opportunities concludes by highlighting potential issues for Congress regarding OMB, including opportunities
to conduct oversight of OMB’s activities and options for potential legislation that would modify to conduct oversight of OMB’s activities and options for potential legislation that would modify
OMB’s roles. OMB’s roles.
In addition to the individuals listed on this report’s cover, multiple CRS analysts authored
In addition to the individuals listed on this report’s cover, multiple CRS analysts authored
portions of the report. They are identified in footnotes to the sections they authored. A full list of portions of the report. They are identified in footnotes to the sections they authored. A full list of
CRS contributors is located in the “Key Policy Staff Table” at the conclusion of the report. CRS contributors is located in the “Key Policy Staff Table” at the conclusion of the report.
OMB History and Mission
Capsule Statutory History
The Office of Management and Budget traces its origin to 1921, when it was established as the The Office of Management and Budget traces its origin to 1921, when it was established as the
Bureau of the Budget (BOB) within the Treasury Department by the Budget and Accounting Act, Bureau of the Budget (BOB) within the Treasury Department by the Budget and Accounting Act,
1921.2 BOB functioned under the supervision of the President.3 Reorganization Plan No. 1 of 1921.2 BOB functioned under the supervision of the President.3 Reorganization Plan No. 1 of
1939 transferred the bureau to the newly created Executive Office of the President (EOP).4 1939 transferred the bureau to the newly created Executive Office of the President (EOP).4
1 Other components of the EOP include, for example, the National Security Council, the Council of Economic 1 Other components of the EOP include, for example, the National Security Council, the Council of Economic
Advisers,Advisers,
and the Office of National Drug Control Policy. Some of these components are linked on the White House and the Office of National Drug Control Policy. Some of these components are linked on the White House
website,website,
at U.S.at U.S.
White House, “White House, “
T heThe Administration,” at https://www.whitehouse.gov/ Administration,” at https://www.whitehouse.gov/
the-trump-administration/. A full administration/. A full
list may be found in the EOP’s annual budgetlist may be found in the EOP’s annual budget
justification available at U.S. White House, “Disclosures,”justification available at U.S. White House, “Disclosures,”
at at
https://www.whitehouse.gov/disclosures/. https://www.whitehouse.gov/disclosures/.
2 P.L. 67-13, Budget and Accounting Act, 1921; June 10, 1921 (42 Stat. 20, at 22); currently codified in part at 31 2 P.L. 67-13, Budget and Accounting Act, 1921; June 10, 1921 (42 Stat. 20, at 22); currently codified in part at 31
U.S.CU.S.C
§501. §501.
T his law This law and others cited in this report are summarized in and others cited in this report are summarized in
CRS the archived CRS Report RL30795, Report RL30795,
General Managem ent
Laws: A Com pendium Management Laws: A Compendium, by Clinton T, by Clinton T
. Brass et al. (available upon request to congressional clients). . Brass et al. (available upon request to congressional clients).
T he The President President
appointed the BOB director and assistant director without Senate appointed the BOB director and assistant director without Senate
confir mation. T heconfirmation. The title of assistant director was title of assistant director was
changed to “deputy director” by P.L. 83-176, First Independent Offices Appropriation Act, 1954; July 31, 1953 (67 changed to “deputy director” by P.L. 83-176, First Independent Offices Appropriation Act, 1954; July 31, 1953 (67
Stat. 298, at 299). Stat. 298, at 299).
3 P.L. 67-13.
3 P.L. 67-13.
4 P.L. 76-19; April 3, 1939 (53 Stat. 1423); located at 5 U.S.C. Appendix. For related discussion,4 P.L. 76-19; April 3, 1939 (53 Stat. 1423); located at 5 U.S.C. Appendix. For related discussion,
see section titled see section titled
“Presidential Reorganization Authority (Inoperative)” in CRS Report R44909, “Presidential Reorganization Authority (Inoperative)” in CRS Report R44909,
Executive Branch Reorganization, by , by
Henry B. Hogue.
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Office of Management and Budget (OMB): An Overview
Subsequently, Reorganization Plan No. 2 of 1970 re-designated BOB as the Office of
Subsequently, Reorganization Plan No. 2 of 1970 re-designated BOB as the Office of
Management and Budget.5 Concern about OMB’s accountability prompted Congress to make the Management and Budget.5 Concern about OMB’s accountability prompted Congress to make the
director and deputy director subject to Senate confirmation in 1974.6 Congress also established director and deputy director subject to Senate confirmation in 1974.6 Congress also established
four “statutory offices” within OMB to oversee several cross-cutting processes and management four “statutory offices” within OMB to oversee several cross-cutting processes and management
matters. matters.
• The Office of Federal Procurement Policy Act established the Office of Federal The Office of Federal Procurement Policy Act established the Office of Federal
Procurement Policy (OFPP) in 1974.7 OFPP provides guidance regarding the
Procurement Policy (OFPP) in 1974.7 OFPP provides guidance regarding the
government-wide acquisition of goods and services necessary for executing the government-wide acquisition of goods and services necessary for executing the
responsibilities of federal agencies.8responsibilities of federal agencies.8
• The Paperwork Reduction Act The Paperwork Reduction Act
(PRA) of 1980of 1980 (PRA) established the Office of established the Office of
Information and Regulatory Affairs (OIRA, pronounced “oh-eye-ruh”).9 The
Information and Regulatory Affairs (OIRA, pronounced “oh-eye-ruh”).9 The
PRA was rewritten and recodified in 1995, including authorizing language for PRA was rewritten and recodified in 1995, including authorizing language for
OIRA.10 In addition to its regulatory activities, OIRA oversees federal policy OIRA.10 In addition to its regulatory activities, OIRA oversees federal policy
related to information policy, statistical policy, and privacy.11 related to information policy, statistical policy, and privacy.11
• The Chief Financial Officers (CFO) Act of 1990 established the Office of Federal The Chief Financial Officers (CFO) Act of 1990 established the Office of Federal
Financial Management (OFFM).12 In addition to
Financial Management (OFFM).12 In addition to
fulfil ing fulfilling several statutory several statutory
responsibilities, OFFM carries out the President’s financial management responsibilities, OFFM carries out the President’s financial management
improvement priorities and implements executive agencies’ financial improvement priorities and implements executive agencies’ financial
management policies.13 management policies.13
• The E-Government Act of 2002 established the Office of Electronic Government The E-Government Act of 2002 established the Office of Electronic Government
(E-Gov).14 Among other things, E-Gov “provide[s]
(E-Gov).14 Among other things, E-Gov “provide[s]
overal overall leadership and leadership and
direction” regarding Internet-based technologies to streamline the public’s direction” regarding Internet-based technologies to streamline the public’s
interaction with the federal government.15 interaction with the federal government.15
Henry B. Hogue.
Characterizations of OMB’s Mission As a primary support agency for the institutional presidency, OMB has significant and varied responsibilities. A 1986 study identified 95 statutes, 58 executive orders, 5 regulations, and 51
5 Reorganization Plan No. 2 of 1970; July 1, 1970 (84 Stat. 2085); located at 5 U.S.C.5 Reorganization Plan No. 2 of 1970; July 1, 1970 (84 Stat. 2085); located at 5 U.S.C.
Appendix. Appendix.
6 P.L. 93-250; March 2, 1974 (88 Stat. 11); currently codified at 31 U.S.C.6 P.L. 93-250; March 2, 1974 (88 Stat. 11); currently codified at 31 U.S.C.
§502. For discussion,§502. For discussion,
see CRSsee CRS
Report 78-Report 78-
158, 158,
The Office of Managem entManagement and Budget: Background, Responsibilities, Recent Issues, by Judith H. Parris, July 27, , by Judith H. Parris, July 27,
1978, pp. 44-49 (available upon request to congressional clients). 1978, pp. 44-49 (available upon request to congressional clients).
7 P.L. 93-400; August 30, 1974 (88 Stat. 796); currently codified at 41 U.S.C. §1101. See
7 P.L. 93-400; August 30, 1974 (88 Stat. 796); currently codified at 41 U.S.C. §1101. See
also 31 U.S.C.also 31 U.S.C.
§506. §506.
8 See8 See
U.S.U.S.
Executive Office of the President, Office of ManagementExecutive Office of the President, Office of Management
and Budgetand Budget
(hereinafter OMB), “(hereinafter OMB), “
T heThe Office of Office of
FederalFederal
Procurement Policy,” at https://www.whitehouse.gov/omb/management/office-federal-procurement-policy/. Procurement Policy,” at https://www.whitehouse.gov/omb/management/office-federal-procurement-policy/.
9 P.L. 96-511; December 11, 1980 (94 Stat. 2812); subsequently reauthorized and recodified9 P.L. 96-511; December 11, 1980 (94 Stat. 2812); subsequently reauthorized and recodified
in 1995. in 1995.
10 P.L. 104-13; May 22, 1995 (109 Stat. 163, at 166); currently codified at 44 U.S.C.10 P.L. 104-13; May 22, 1995 (109 Stat. 163, at 166); currently codified at 44 U.S.C.
§3503. §3503.
11 See11 See
OMB, “Information and Regulatory Affairs,” at https://www.whitehouse.gov/omb/information-regulatory-OMB, “Information and Regulatory Affairs,” at https://www.whitehouse.gov/omb/information-regulatory-
affairs/. affairs/.
12 P.L. 101-576, Chief Financial Officers Act of 1990; November 15, 1990 (104 Stat. 2838); currently codified at 31
12 P.L. 101-576, Chief Financial Officers Act of 1990; November 15, 1990 (104 Stat. 2838); currently codified at 31
U.S.C.U.S.C.
§901. See§901. See
also 31 U.S.C.also 31 U.S.C.
§502(c). §502(c).
T heThe CFO Act also created the deputy director for management CFO Act also created the deputy director for management
position. position.
13 See13 See
OMB, “Office Federal Financial Management,” at https://www.whitehouse.gov/omb/management/office-federal-OMB, “Office Federal Financial Management,” at https://www.whitehouse.gov/omb/management/office-federal-
financial-management/. financial-management/.
14 P.L. 107-347, E-Government Act of 2002; December 17, 2002 (116 Stat. 2899); currently codified at 44 U.S.C.
14 P.L. 107-347, E-Government Act of 2002; December 17, 2002 (116 Stat. 2899); currently codified at 44 U.S.C.
§3602. See§3602. See
also 31 U.S.C.also 31 U.S.C.
§507. OMB§507. OMB
calls this organization the Office of E-Government and Information calls this organization the Office of E-Government and Information
T echnologyTechnology. .
15 44 U.S.C.
15 44 U.S.C.
§3602(f)(3). See also OMB, “Office of E-Government and Information Technology,” at §3602(f)(3). See also OMB, “Office of E-Government and Information Technology,” at
https://www.whitehouse.gov/omb/management/egov/. https://www.whitehouse.gov/omb/management/egov/.
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Office of Management and Budget (OMB): An Overview
Characterizations of OMB’s Mission
As a primary support agency for the institutional presidency, OMB has significant and varied
responsibilities. A 1986 study identified 95 statutes, 58 executive orders, five regulations, and 51 circulars that reflected OMB’s operational authorities at the time.16 CRS is not aware of a more circulars that reflected OMB’s operational authorities at the time.16 CRS is not aware of a more
up-to-date, similarly detailed compendium of OMB’s statutory duties. However, some observers up-to-date, similarly detailed compendium of OMB’s statutory duties. However, some observers
have written overviews of OMB’s organizational components and processes.17 In addition, have written overviews of OMB’s organizational components and processes.17 In addition,
observers may also look to how OMB itself characterizes its dutiesobservers may also look to how OMB itself characterizes its duties
in the mission statements that are posted to OMB’s website. .
Succeeding Administrations have crafted mission statements for OMB that highlight each
Succeeding Administrations have crafted mission statements for OMB that highlight each
Administration’s perspective on OMB’s key responsibilities. Sometimes, the mission statement Administration’s perspective on OMB’s key responsibilities. Sometimes, the mission statement
of OMB has of OMB has
substantial ysubstantially changed from one Administration to the next. OMB changed from one Administration to the next. OMB
created its first created its first
website with a mission statement during the Clinton Administration, thus establishing a new website with a mission statement during the Clinton Administration, thus establishing a new
venue for OMB to interact with Congress and the public.18 During the George W. Bush venue for OMB to interact with Congress and the public.18 During the George W. Bush
Administration, OMBAdministration, OMB
featured the following portion of a mission statement on its website, which featured the following portion of a mission statement on its website, which
echoes some of the structure and substance of the Clinton Administration’s version: echoes some of the structure and substance of the Clinton Administration’s version:
OMB’s predominant mission is to assist the President in overseeing the preparation of the
OMB’s predominant mission is to assist the President in overseeing the preparation of the
federal budget and to supervise its administration in Executive Branch agencies. In helping federal budget and to supervise its administration in Executive Branch agencies. In helping
to formulate the President’s spending plans, OMB evaluates the effectiveness of agency to formulate the President’s spending plans, OMB evaluates the effectiveness of agency
programs, policies, and procedures, assesses competing funding demands among agencies, programs, policies, and procedures, assesses competing funding demands among agencies,
andand
sets sets funding priorities.funding priorities.
OMB ensuresOMB ensures
that agency that agency reports,reports,
rules,rules,
testimony,testimony,
and and
proposed legislation are consistent with the President’s Budget and with Administration proposed legislation are consistent with the President’s Budget and with Administration
policies.19 policies.19
During the Obama Administration, OMB featured the following portion of a mission statement on
During the Obama Administration, OMB featured the following portion of a mission statement on
its website: its website:
The core mission of OMB is to serve the President of the United States in implementing
The core mission of OMB is to serve the President of the United States in implementing
his vision across the Executive Branch. OMB is the largest component of the Executive his vision across the Executive Branch. OMB is the largest component of the Executive
Office of theOffice of the
President. It reports directly to the President and helps a wide range of executive President. It reports directly to the President and helps a wide range of executive departments and agenciesdepartments and agencies
across the Federalacross the Federal
Government to Government to implement the implement the
commitments and priorities of the President.commitments and priorities of the President.
As the implementation and enforcement
As the implementation and enforcement arm of Presidentialarm of Presidential
policy policy government-wide, government-wide,
OMB carriesOMB carries
out its mission through five critical processes that are essential out its mission through five critical processes that are essential to the to the
President’s ability to plan and implement his priorities across the Executive Branch.20 President’s ability to plan and implement his priorities across the Executive Branch.20
16 See
The Obama Administration website elaborated on these “five critical processes,” including (1) budget development and execution, (2) management, (3) coordination and review of regulations, (4) legislative clearance and coordination, and (5) executive orders and presidential memoranda.
16 See Morton Rosenberg and Mark Gurevitz, “Preliminary Catalogue of Office of Management and BudgetMorton Rosenberg and Mark Gurevitz, “Preliminary Catalogue of Office of Management and Budget
Authorities Authorities
and Directives,” in U.S.and Directives,” in U.S.
Congress,Congress,
Senate Committee on Governmental Affairs, Senate Committee on Governmental Affairs,
Office of Management and Budget:
Evolving Roles and Future Issues, committee print, 99th Cong., 2nd sess. (Washington: GPO, 1986), pp. 395, committee print, 99th Cong., 2nd sess. (Washington: GPO, 1986), pp. 395
-696. -696.
17 For example, see Steve Redburn,
17 For example, see Steve Redburn,
Dan Chenok, and Barry Clendenin, eds.,Dan Chenok, and Barry Clendenin, eds.,
The Office of Management and Budget:
An Insider’s Guide, Report 2021-21 (White House , Report 2021-21 (White House
T ransitionTransition Project and Kinder Institute on Constitutional Project and Kinder Institute on Constitutional
Democracy), no date (2020), at https://www.Democracy), no date (2020), at https://www.
napawash.org/events/office-of-management -budget-an-insiders-guide-september-30-2020whitehousetransitionproject.org/wp-content/uploads/2020/07/WHTP2021-21-OMB-an-Insiders-Guide-1.pdf; and Meena Bose and Andrew; and Meena Bose and Andrew
Rudalevige,Rudalevige,
eds.,eds.,
Executive Policym akingPolicymaking: The Role of the OMB in
the Presidency (Washington: Brookings, 2020). (Washington: Brookings, 2020).
18 See18 See
OMB, “OMB’s Role,” at https://clintonwhitehouse5.archives.gov/OMB/organization/role.html, archived at U.S. OMB, “OMB’s Role,” at https://clintonwhitehouse5.archives.gov/OMB/organization/role.html, archived at U.S.
National Archives and RecordsNational Archives and Records
Administration (hereinafter NARA), “Administration (hereinafter NARA), “
Archived Presidential White House Websites,” at Archived Presidential White House Websites,” at
https://www.archives.gov/presidential-libraries/archived-websites. https://www.archives.gov/presidential-libraries/archived-websites.
19 See
19 See
OMB, “OMB’s Mission,” at https://georgewbush-whitehouse.archives.gov/omb/organization/role.html (archived OMB, “OMB’s Mission,” at https://georgewbush-whitehouse.archives.gov/omb/organization/role.html (archived
by NARA). by NARA).
20 See
20 See
OMB, “OMB, “
T heThe Mission and Structure of the Office of Management and Budget Mission and Structure of the Office of Management and Budget
,” ,” at at
https://obamawhitehouse.archives.gov/omb/organization_mission/ (archived by NARA). https://obamawhitehouse.archives.gov/omb/organization_mission/ (archived by NARA).
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Office of Management and Budget (OMB): An Overview
The
The
Obama Administration website then elaborated on these “five critical processes,” including (1) budget development and execution, (2) management, (3) coordination and review of regulations, (4) legislative clearance and coordination, and (5) executive orders and presidential
memoranda.
The Trump Administration’s version of the OMB mission included a similar discussion of these
five critical processes:
OMB carries out its mission through five critical processes that are essential to the President’s ability to plan and implement his priorities across the Executive Branch: (1) Budget development and execution. (2) Management, including oversight of agency performance, human capital, Federal procurement, financial management, and information technology. (3) Regulatory policy, including coordination and review of all significant Federal regulations by executive agencies. (4) Legislative clearance and coordination. (5) Executive Orders and Presidential MemorandaTrump Administration’s version of the OMB mission included a similar discussion of five critical processes.
The Biden Administration’s iteration of the OMB website included the following mission statement:
The Office of Management and Budget oversees the implementation of the President’s vision across the Executive Branch. OMB carries out its mission through five main functions across executive departments and agencies: (1) Budget development and execution; (2) Management, including oversight of agency performance, procurement, financial management, and information technology; (3) Coordination and review of all significant Federal regulations from executive agencies, privacy policy, information policy, and review and assessment of information collection requests; and (4) Clearance and coordination of legislative and other materials, including agency testimony, legislative proposals, and other communications with Congress, and coordination of other Presidential actions. (5) Clearance of Presidential Executive Orders and memoranda to agency heads prior to their issuance.21 .21
The Obama Administration’s characterization of OMB as the “implementation and enforcement
The Obama Administration’s characterization of OMB as the “implementation and enforcement
arm of Presidential policy”—compared to the George W. Bush Administration’s emphasis on the arm of Presidential policy”—compared to the George W. Bush Administration’s emphasis on the
technical functions of OMB—may help to technical functions of OMB—may help to
il ustrateillustrate an ongoing evolution in perspective an ongoing evolution in perspective
regarding the potential roles of OMB. More recently, during the regarding the potential roles of OMB. More recently, during the
TrumpBiden Administration, OMB’s Administration, OMB’s
mission statement mirrored that of the Obama mission statement mirrored that of the Obama
Administration, specifical yand Trump Administrations, specifically with its discussion of with its discussion of
the the
“critical processescritical processes
.” or main functions.
Institutional Aspects of OMB
Several institutional aspects of OMB may be of interest to Congress, including OMB’s Several institutional aspects of OMB may be of interest to Congress, including OMB’s
organizational structure, budget, workforce, and website. The subsections below address these organizational structure, budget, workforce, and website. The subsections below address these
topics. topics.
Organizational Structure
In addition to OMB’s leadership, which In addition to OMB’s leadership, which
wil will be discussed in this report’s section be discussed in this report’s section
titled titled “OMB
Senior Officials and Appointments,” OMB has three major types of offices: (1) resource ” OMB has three major types of offices: (1) resource
management offices (RMOs), (2) OMB-wide support offices, and (3) statutory offices.22 The management offices (RMOs), (2) OMB-wide support offices, and (3) statutory offices.22 The
OMB website currently does not include an organization chart. However, the most recent chart of OMB website currently does not include an organization chart. However, the most recent chart of
OMB’s leadership and organizational structure—taken from the OMB website during the Obama OMB’s leadership and organizational structure—taken from the OMB website during the Obama
Administration—is displayed iAdministration—is displayed i
n Figure 1.2323
RMOs are tasked with examining agency budget requests and developing funding
RMOs are tasked with examining agency budget requests and developing funding
recommendations for federal agencies under their purview. The bottom row recommendations for federal agencies under their purview. The bottom row
ofof Figure 1 shows shows
OMB’s RMOs. Each RMO focuses on a cluster of related agencies and issues to examine agency OMB’s RMOs. Each RMO focuses on a cluster of related agencies and issues to examine agency
budget requests and make funding recommendations. To develop these recommendations, RMOs budget requests and make funding recommendations. To develop these recommendations, RMOs
are tasked with integrating management, budget, and policy perspectives in their work. A are tasked with integrating management, budget, and policy perspectives in their work. A
political y politically appointed program associate director (PAD) leads each of the RMOs. Below the level appointed program associate director (PAD) leads each of the RMOs. Below the level
of PADs and some of their immediate assistants, RMO staff are of PADs and some of their immediate assistants, RMO staff are
usual yusually career civil servants and career civil servants and
are organized into divisions and branches. Each RMO branch covers a cabinet department or are organized into divisions and branches. Each RMO branch covers a cabinet department or
collection of smal er agencies and is led by a career member of the Senior Executive Service
21 OMB, “Office of Management and Budget,”21 OMB, “Office of Management and Budget,”
at https://www.whitehouse.gov/omb/. at https://www.whitehouse.gov/omb/.
22 Description of OMB’s organization draws22 Description of OMB’s organization draws
in part on Shelley Lynne in part on Shelley Lynne
T omkinTomkin, ,
Inside OMB: Politics and Process in
the President’s Budget Office (Armonk, NY: M.E. Sharpe, 1998), pp (Armonk, NY: M.E. Sharpe, 1998), pp
. 11-29. 11-29.
23 OMB, “About OMB,” at https://obamawhitehouse.archives.gov/omb/organization. 23 OMB, “About OMB,” at https://obamawhitehouse.archives.gov/omb/organization.
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Office of Management and Budget (OMB): An Overview
collection of smaller agencies and is led by a career member of the Senior Executive Service (SES). OMB’s program examiners staff each RMO branch. As shown from left to right i(SES). OMB’s program examiners staff each RMO branch. As shown from left to right i
n Figure
1, OMB’s RMOs as of January 2017 included (1) Natural Resource Programs; (2) Education, OMB’s RMOs as of January 2017 included (1) Natural Resource Programs; (2) Education,
Income Maintenance and Labor Programs; (3) Health Programs; (4) General Government Income Maintenance and Labor Programs; (3) Health Programs; (4) General Government
Programs; and (5) National Security Programs. Programs; and (5) National Security Programs.
Above the RMOs, the left side of the organization chart i
Above the RMOs, the left side of the organization chart i
n Figure 1 shows eight OMB-wide shows eight OMB-wide
support offices. The offices address a variety of subject areas. For example, the Budget Review support offices. The offices address a variety of subject areas. For example, the Budget Review
Division (BRD) coordinates the process for preparing the President’s annual budget proposal to Division (BRD) coordinates the process for preparing the President’s annual budget proposal to
Congress. The Legislative Reference Division (LRD) coordinates review of agencies’ draft Congress. The Legislative Reference Division (LRD) coordinates review of agencies’ draft
bil s,
bills, congressional testimony, and correspondence to ensure compliance with the President’s policy congressional testimony, and correspondence to ensure compliance with the President’s policy
agenda. OMB’s Economic Policy Office works with the President’s Council of Economic agenda. OMB’s Economic Policy Office works with the President’s Council of Economic
Advisers and the Treasury Department to develop economic assumptions and more recently has Advisers and the Treasury Department to develop economic assumptions and more recently has
focused on program evaluation. The other support offices included the General Counsel, focused on program evaluation. The other support offices included the General Counsel,
Legislative Affairs, Strategic Planning and Communications, Performance and Personnel Legislative Affairs, Strategic Planning and Communications, Performance and Personnel
Management, and the Management and Operations Division. Management, and the Management and Operations Division.
OMB’s statutory offices oversee several cross-cutting processes and management matters.
OMB’s statutory offices oversee several cross-cutting processes and management matters.
Analysts in the statutory offices develop policy, coordinate implementation, and work with the Analysts in the statutory offices develop policy, coordinate implementation, and work with the
RMOs on agency-specific issues. The right side of the organization chart iRMOs on agency-specific issues. The right side of the organization chart i
n Figure 1 shows the shows the
statutory offices. Three of the four statutory offices focus on mission-support functions of statutory offices. Three of the four statutory offices focus on mission-support functions of
executive agencies: financial management (OFFM), procurement policy (OFPP), and information executive agencies: financial management (OFFM), procurement policy (OFPP), and information
technology (E-Gov, shared with OIRA). The fourth office, OIRA, has a broad portfolio of technology (E-Gov, shared with OIRA). The fourth office, OIRA, has a broad portfolio of
responsibilities, including regulation, information policy, paperwork reduction, statistical policy, responsibilities, including regulation, information policy, paperwork reduction, statistical policy,
and privacy. and privacy.
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Figure 1. Archived Organization Chart for OMB (Obama Administration, January 2017)
Source: OMB, “About OMB,” at https://obamawhitehouse.archives.gov/omb/organizationOMB, “About OMB,” at https://obamawhitehouse.archives.gov/omb/organization
(archived). (archived).
CRS-6
CRS-6
Office of Management and Budget (OMB): An Overview
OMB’s Budget
An overview of OMB’s budget may help An overview of OMB’s budget may help
il uminate how OMB al ocatesilluminate how OMB allocates resources among its resources among its
various activities. In addition, OMB’s budget may be viewed over time to paint a picture of any various activities. In addition, OMB’s budget may be viewed over time to paint a picture of any
changes of the organization’s priorities. Historical information about OMB’s budget may be changes of the organization’s priorities. Historical information about OMB’s budget may be
found in the found in the
Budget Appendix, an , an
annual yannually issued volume of presidential budget submissions,24 issued volume of presidential budget submissions,24
and congressional budget justifications for the EOP, which and congressional budget justifications for the EOP, which
at times havehave previously been posted online at been posted online at
various locations.25 various locations.25 In 2021, Congress passed legislation to newly define agency budget justifications by statute and require their posting online.26 These materials are now required to be posted on the website currently known as USAspending.gov, subject to OMB-developed data standards.
OMB Budget and Selected History
In recent years, Congress has provided funds to OMB through annual appropriations in
In recent years, Congress has provided funds to OMB through annual appropriations in
Title II of the the
Financial Services and General Government (FSGG) Financial Services and General Government (FSGG)
annual appropriations bil appropriations bill, which also contains funding for the rest of the Executive Office of the President. OMB’s budget . OMB’s budget
includes funds in a “Salaries and Expenses” (S&E) account. It could be argued that OMB’s core includes funds in a “Salaries and Expenses” (S&E) account. It could be argued that OMB’s core
budget also includes at least some funding in a separate “Information Technology Oversight and budget also includes at least some funding in a separate “Information Technology Oversight and
Reform” (ITOR) account. Reform” (ITOR) account.
• The S&E account funds the core operations of OMB. The S&E account funds the core operations of OMB.
2627 The S&E account funds The S&E account funds
the RMOs, statutory offices, and OMB-wide support offices. For
the RMOs, statutory offices, and OMB-wide support offices. For
FY2019FY2022, the , the
account’s actual obligations were $account’s actual obligations were $
103 mil ion116 million, plus an additional, plus an additional
$3 mil ion $4 million for for
reimbursable activities.reimbursable activities.
2728
• The ITOR account is controlled by the OMB director. The account provides The ITOR account is controlled by the OMB director. The account provides
funds “for the furtherance of integrated, efficient, secure, and effective uses of
funds “for the furtherance of integrated, efficient, secure, and effective uses of
information technology in the Federal Government.”28 The director of OMB may transfer ITOR funds to “one or more other agencies to carry out projects to meet
these purposes.” As described by OMB, the ITOR account has funded IT oversight and analysis by E-Gov, the U.S. Digital Service, and cybersecurity.29 A
24 T he
24 The most recent version of the President’s budget submission, most recent version of the President’s budget submission,
including including the the
Budget Appendix, may be found at , may be found at
OMB, “President’s Budget,” at https://www.whitehouse.gov/omb/budget/.OMB, “President’s Budget,” at https://www.whitehouse.gov/omb/budget/.
For electronic versions of historical For electronic versions of historical
presidential budgetpresidential budget
submissions submissions from the mid-1990s to the present, see U.S. Government Publishing Office, “from the mid-1990s to the present, see U.S. Government Publishing Office, “
Budget Budget of of
the United States Governmentthe United States Government
,” at https://www.govinfo.gov/app/collection/BUDGET,” at https://www.govinfo.gov/app/collection/BUDGET
/. /.
25 CRS
25 CRS
was able was able to locate electronic versions of full EOP congressional budgetto locate electronic versions of full EOP congressional budget
justifications for FY2020 and FY2021 justifications for FY2020 and FY2021
(see U.S.(see U.S.
White House, “Disclosures,”White House, “Disclosures,”
at https://www.whitehouse.gov/disclosures/);at https://www.whitehouse.gov/disclosures/);
FY2018 (see U.S.FY2018 (see U.S.
White House, White House,
“Executive Office of the President” (archived), at https://web.archive.org/web/20171119003650/http://“Executive Office of the President” (archived), at https://web.archive.org/web/20171119003650/http://
www.whitehouse.gov/administration/eop); and FY2011-FY2017 (see U.S. White House, “www.whitehouse.gov/administration/eop); and FY2011-FY2017 (see U.S. White House, “
Executive Office of the Executive Office of the
President” (archived), at https://obamawhitehouse.archives.gov/administration/eop). A scanned version of OMB’s President” (archived), at https://obamawhitehouse.archives.gov/administration/eop). A scanned version of OMB’s
portion of the EOP FY2019 justification is available from CRSportion of the EOP FY2019 justification is available from CRS
upon request from congressional clients. At other times, upon request from congressional clients. At other times,
OMB has posted its portion of the EOP justification on its website, includingOMB has posted its portion of the EOP justification on its website, including
during during the George W. Bush the George W. Bush
Administration (FY2008; see OMB, “Administration (FY2008; see OMB, “
About OMB” (archived), at https://web.archive.org/web/20090117014058/About OMB” (archived), at https://web.archive.org/web/20090117014058/
whitehouse.gov/omb/organization/index.html) and Barack Obama Administration (FY2008-FY2017; see OMB, whitehouse.gov/omb/organization/index.html) and Barack Obama Administration (FY2008-FY2017; see OMB,
“About OMB” (archived), at https://obamawhitehouse.archives.gov/omb/organization). “About OMB” (archived), at https://obamawhitehouse.archives.gov/omb/organization).
26 26
P.L. 117-40, Congressional Budget Justification Transparency Act of 2021; September 24, 2021 (135 Stat. 337), amending the Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282); located at 31 U.S.C. §6101 note.
27 OMB, Budget of the U.S. Government, FY2024OMB, Budget of the U.S. Government, FY2021, Appendix, p. , p.
11421106, at https://www.whitehouse.gov/, at https://www.whitehouse.gov/
omb/appendix/. See also U.S. wp-content/uploads/2023/03/eop_fy2024.pdf. See also U.S. Executive Office of the PresidentExecutive Office of the President
(hereinafter EOP), (hereinafter EOP),
Fiscal Year 2021 2024 Congressional Budget Subm ission Submission (Washington: EOP, (Washington: EOP,
20202023), p. OMB-), p. OMB-
7. 276.
28 OMB obligated OMB obligated
the $the $
103116 million against the annual appropriation it received in the FSGG million against the annual appropriation it received in the FSGG
act. act.
T he $3The $4 million in million in
reimbursablereimbursable
obligations corresponded to certain collections of funds from businesslikeobligations corresponded to certain collections of funds from businesslike
transactions by OMB. For transactions by OMB. For
discussiondiscussion
of reimbursements (and the broader category of offsetting collections), see U.S. Government Accountability of reimbursements (and the broader category of offsetting collections), see U.S. Government Accountability
Office (hereinafter GAO), Office (hereinafter GAO),
A Glossary of Term s of Terms Used in the Federal Budget Process, GAO-05-734SP, p. 29.
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information technology in the Federal Government.”29 The director of OMB may transfer ITOR funds to “one or more other agencies to carry out projects to meet these purposes.” As described by OMB, the ITOR account has funded IT oversight and analysis by E-Gov, the U.S. Digital Service, and cybersecurity.30 A Used in the Federal Budget Process, GAO-05-734SP, p. 29.
28 OMB, Budget of the U.S. Government, FY2021, Append ix, p. 1147, at https://www.whitehouse.gov/omb/appendix/. 29 Ibid. For some time, OMB funded some of E-Gov’s operations out of the IT OR account. For FY2021, OMB proposed to shift this funding from the IT OR appropriation to the S&E appropriation. See EOP, Fiscal Year 2021
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predecessor to the ITOR account was first enacted as a part of FY2012 predecessor to the ITOR account was first enacted as a part of FY2012
appropriations.appropriations.
3031 For For
FY2019FY2022, the account’s actual obligations were $, the account’s actual obligations were $
24 mil ion47 million, ,
plus an additional $plus an additional $
5 mil ion 10 million for reimbursable activities.for reimbursable activities.
31
Overal 32
Overall, the funds in OMB’s S&E account are dedicated mainly to personnel costs. , the funds in OMB’s S&E account are dedicated mainly to personnel costs.
Compensation and benefits were Compensation and benefits were
8179% of OMB’s $% of OMB’s $
103 mil ion 116 million in total, actual obligations for in total, actual obligations for
FY2019.32FY2022.33 The remainder chiefly covered contractual services ( The remainder chiefly covered contractual services (
1013%). OMB’s S&E account has %). OMB’s S&E account has
ranged in recent years from $93 ranged in recent years from $93
mil ionmillion in obligations in FY2010 to $ in obligations in FY2010 to $
103 mil ion in FY2019116 million in FY2022 (see (see
Table A-1, in in Appendix A).
The S&E account also may be broken down among OMB’s offices. Almost half (about
The S&E account also may be broken down among OMB’s offices. Almost half (about
4847%) of %) of
FY2019FY2022 funding went to the RMOs. About funding went to the RMOs. About
3534% went to the OMB-wide support offices % went to the OMB-wide support offices
(including E-Gov), and about 18% went to the other statutory offices.(including E-Gov), and about 18% went to the other statutory offices.
33 34
At times, OMB’s S&E budget has fluctuated due to
At times, OMB’s S&E budget has fluctuated due to
real ocationsreallocations of funding with other accounts of funding with other accounts
in the EOP. In one instance, in the early 2000s, Congress shifted funds among budget accounts in in the EOP. In one instance, in the early 2000s, Congress shifted funds among budget accounts in
the EOP related to an “enterprise services program.” For FY2003, Congress the EOP related to an “enterprise services program.” For FY2003, Congress
real ocated $8.3
mil ion reallocated $8.3 million from OMB to the EOP’s Office of Administration (OA) for central procurement of goods from OMB to the EOP’s Office of Administration (OA) for central procurement of goods
and services,and services,
3435 reducing OMB’s appropriation compared to the prior fiscal year. The President reducing OMB’s appropriation compared to the prior fiscal year. The President
subsequently requested for both FY2004 and FY2005 that similar funding be shifted back to subsequently requested for both FY2004 and FY2005 that similar funding be shifted back to
OMB, but Congress continued a similar OMB, but Congress continued a similar
real ocationreallocation in both years. in both years.
3536 For FY2006, the President For FY2006, the President
requested that the requested that the
real ocationreallocation to OA continue, but Congress shifted $7 to OA continue, but Congress shifted $7
mil ionmillion, for rent and , for rent and
health unit costs, from OA back to OMB, and appropriated $76.2 health unit costs, from OA back to OMB, and appropriated $76.2
mil ionmillion (after rescission) to (after rescission) to
OMB.OMB.
36
Separate from the S&E and ITOR accounts, OMB may also exercise control over the funding and
operations of several councils of agency officials. These include the President’s Management Congressional Budget Subm ission (Washington: EOP, 2020), p. IT OR-10. For information about the U.S. Digital Service, see https://www.usds.gov/mission.
30 Initially, appropriations bill language referred to this account as “ Integrated, Efficient, and Effective Uses of
37
29 OMB, Budget of the U.S. Government, FY2024, Appendix, p. 1111, at https://www.whitehouse.gov/wp-content/uploads/2023/03/eop_fy2024.pdf.
30 Ibid. For some time, OMB funded some of E-Gov’s operations out of the ITOR account. For FY2021, OMB proposed to shift this funding from the ITOR appropriation to the S&E appropriation. See EOP, Fiscal Year 2021 Congressional Budget Submission (Washington: EOP, 2020), p. ITOR-10. For information about the U.S. Digital Service, see https://www.usds.gov/mission.
31 Initially, appropriations bill language referred to this account as “Integrated, Efficient, and Effective Uses of Information Technology.” See Consolidated Appropriations Act, 2012 (P.L. 112-74, December 23, 2011; 125 Stat. 786, Information Technology.” See Consolidated Appropriations Act, 2012 (P.L. 112-74, December 23, 2011; 125 Stat. 786,
at 896), at https://www.govinfo.gov/content/pkg/PLAW-112publ74/pdf/PLAW-112publ74.pdf#page=112. It is at 896), at https://www.govinfo.gov/content/pkg/PLAW-112publ74/pdf/PLAW-112publ74.pdf#page=112. It is
conceivable that some of OMB’s activities that have been funded in the S&Econceivable that some of OMB’s activities that have been funded in the S&E
account prior to FY2012 subsequently account prior to FY2012 subsequently
werewere
funded funded by the by the
IT ORITOR account. If that is the case, it is not clear to CRS account. If that is the case, it is not clear to CRS
the extent to which that shift occurred.the extent to which that shift occurred.
31
32 OMB, OMB,
Budget of the U.S. Government, FY2021FY2024, Appendix, p. , p.
1147. 32 OMB, Budget of the U.S. Government, FY2021, Appendix, p. 1143. See also EOP, Fiscal Year 2021 Congressional
Budget Subm ission (Washington: EOP, 2020), p. OMB-91111. 33 Ibid., p. 1107. Obligations are binding. Obligations are binding
agreements that will result in agreements that will result in
immediate or future outlays. immediate or future outlays.
33 OMB, Budget of the U.S. Government, FY2020, Appendix, at https://www.govinfo.gov/content/pkg/BUDGET -2020-APP/pdf/BUDGET -2020-APP.pdf.
34 U.S. 34 Ibid., p. 1106. 35 U.S. Congress, House,Congress, House,
Making Further Continuing Appropriations for the Fiscal Year 2003, and for Other Purposes, ,
conference report to accompany H.J.Res. 2, H.Rept. 108-10, 108th Cong., 1st sess. (Washington: GPO, Februaryconference report to accompany H.J.Res. 2, H.Rept. 108-10, 108th Cong., 1st sess. (Washington: GPO, February
13, 13,
2003), p. 1342. 2003), p. 1342.
35
36 See See
U.S.U.S.
Congress, House,Congress, House,
Making Appropriations for Foreign Operations, Export Financing, and Related
Program sPrograms for the Fiscal Year Ending Septem berSeptember 30, 2005, and for Other Purposes, conference report to accompany , conference report to accompany
H.R. 4818, H.Rept. 108-792, 108th Cong., 2nd sess. (Washington: GPO, November 20, 2004), p. 1449. H.R. 4818, H.Rept. 108-792, 108th Cong., 2nd sess. (Washington: GPO, November 20, 2004), p. 1449.
3637 See See
OMB, “OMB, “
MAX Information and Reports (Executive, Legislative, and JudicialMAX Information and Reports (Executive, Legislative, and Judicial
Users):Users):
SF SF 133 Report on Budget 133 Report on Budget
Execution and BudgetaryExecution and Budgetary
Resources,”Resources,”
link for “link for “
FY2006,” at https://portal.max.gov/portal/document/SF133/Budget/FY2006,” at https://portal.max.gov/portal/document/SF133/Budget/
FACT S%20II%20-%20SF%20133%20Report%20on%20Budget%20Execution%20and%20Budgetary%20Resources.html . After clicking on the “FY2006” link, click on the PDF icon for “Executive Office of the President.” Within the PDF file, information about OMB’s S&E account can be found at https://portal.max.gov/portal/document/SF133/Budget/attachments/245170294/255066258.pdf#page=88.
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FACTS%20II%20-(continued...)
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Separate from the S&E and ITOR accounts, OMB may also exercise control over the funding and operations of several councils of agency officials. These include the President’s Management Council, the Chief Financial Officers Council, the Chief Information Officers Council, the Chief Council, the Chief Financial Officers Council, the Chief Information Officers Council, the Chief
Human Capital Officers Council, the Chief Acquisition Officers Council, and the Performance Human Capital Officers Council, the Chief Acquisition Officers Council, and the Performance
Improvement Council. Improvement Council.
Specifical ySpecifically, the OMB director has , the OMB director has
general ygenerally received authority each year received authority each year
in the in the
FSGG annual appropriations bil annual FSGG appropriations bill to approve transfers and reimbursements to finance the to approve transfers and reimbursements to finance the
activities of the councils up to $17 activities of the councils up to $17
mil ion.37million.38 In addition, the OMB director has received similar In addition, the OMB director has received similar
authority to approve how the transferred funds are administered by the head of the General authority to approve how the transferred funds are administered by the head of the General
Services Administration (GSA).Services Administration (GSA).
3839 The same provision provides further that up to $15 The same provision provides further that up to $15
mil ionmillion may may
be transferred to address coordination, duplication, and activities related to Federal Government be transferred to address coordination, duplication, and activities related to Federal Government
Priority GoalsPriority Goals
under the GPRA Modernization Act.39.40
Illustrative Topics from Consideration of OMB Appropriations
A significant part of congressional oversight of OMB occurs during consideration of the annual
A significant part of congressional oversight of OMB occurs during consideration of the annual
FSGG appropriations FSGG appropriations
bil , which includes the agency’s fundingbill. Although topics that arise in the . Although topics that arise in the
appropriations process for OMB’s budget may vary from year to year, the reports of the House appropriations process for OMB’s budget may vary from year to year, the reports of the House
and Senate Committees on Appropriations on the FSGG and Senate Committees on Appropriations on the FSGG
bil typical ybill typically include directives for OMB include directives for OMB
which relate which relate
specifical yspecifically to the agency and address government-wide management matters. to the agency and address government-wide management matters.
4041
Over the last several years, for example, the appropriations committees have been interested in
Over the last several years, for example, the appropriations committees have been interested in
OMB’s personnel levels and have continued to direct OMB to provide quarterly reports on OMB’s personnel levels and have continued to direct OMB to provide quarterly reports on
staffing, obligations, and hiring initiatives. Another issue of ongoing interest to the committees staffing, obligations, and hiring initiatives. Another issue of ongoing interest to the committees
has been online access to federal agency budget documents, including justifications, which has been online access to federal agency budget documents, including justifications, which
prompted a directive to OMB to issue guidance to the agencies on posting the justification prompted a directive to OMB to issue guidance to the agencies on posting the justification
documents in a searchable format on their public websites.documents in a searchable format on their public websites.
4142
Another common topic of these committee directives has been OMB’s roles regarding general
Another common topic of these committee directives has been OMB’s roles regarding general
management and human capital management across the federal government. For example, the management and human capital management across the federal government. For example, the
House Appropriations Committee report on the FY2021 FSGG House Appropriations Committee report on the FY2021 FSGG
bil bill directs OMB to ensure that
%20SF%20133%20Report%20on%20Budget%20Execution%20and%20Budgetary%20Resources.html. After clicking on the “FY2006” link, click on the PDF icon for “Executive Office of the President.” Within the PDF file, information about OMB’s S&E account can be found at https://portal.max.gov/portal/document/SF133/Budget/attachments/245170294/255066258.pdf#page=88.
38 P.L. 117-328, Consolidated Appropriations Act, 2023; Division E, Title VII, Section 721; December 29, 2022. 39 Ibid. directs OMB to ensure that federal agencies are in compliance with Title 31 of the U.S. Code, including requirements for priority goals and outcomes and that agency budget requests directly link to performance plans. Appropriators also directed OMB to consult with the Office of Personnel Management (OPM)
and GSA and then report back to the committee by September 30, 2021, on gaps in federal
37 P.L. 116-93, Consolidated Appropriations Act, 2020; Division C, T itle VII, Section 721; December 20, 2019 (133 Stat. 2317, at 2488). 38 Ibid. For detailed information about the activities of the councils, see EOP, For detailed information about the activities of the councils, see EOP,
Fiscal Year 20212024 Congressional Budget
Subm issionSubmission (Washington: EOP, (Washington: EOP,
20202023), pp. CWC-), pp. CWC-
13 – CWC- – CWC-
13.
39 P.L. 116-93, Consolidated Appropriations Act, 2020; Division C, T itle VII, Section 721; December 20, 2019 (133 Stat. 2317, at 2488). 40 T he16.
40 31 U.S.C. §1120. 41 The committee reports may be found at CRS committee reports may be found at CRS
Appropriations Status Appropriations Status
T ableTable, at https://www.crs.gov/, at https://www.crs.gov/
AppropriationsStatusTable/Index. AppropriationsStatusTable/Index.
T he “ The “Select Year” drop-down menu allowsSelect Year” drop-down menu allows
the user to navigate between different the user to navigate between different
fiscal years from FY1999 to present. fiscal years from FY1999 to present.
4142 U.S. U.S.
House Committee on Appropriations, Financial Services and GeneralHouse Committee on Appropriations, Financial Services and General
Government Appropriations Bill, 2020, Government Appropriations Bill, 2020,
Report to Accompany H.R. 3351, H.Rept. 116-122, 116th Cong., 1st sess. (Washington: GPO, June 19, 2019), pp. 31Report to Accompany H.R. 3351, H.Rept. 116-122, 116th Cong., 1st sess. (Washington: GPO, June 19, 2019), pp. 31
--
32, at https://www.congress.gov/116/crpt/hrpt122/CRPT-116hrpt122.pdf. U.S. Senate Committee on Appropriations, 32, at https://www.congress.gov/116/crpt/hrpt122/CRPT-116hrpt122.pdf. U.S. Senate Committee on Appropriations,
Financial ServicesFinancial Services
and General Government Appropriations Bill, 2020, Report to Accompany S. 2524, S.Rept. 116-and General Government Appropriations Bill, 2020, Report to Accompany S. 2524, S.Rept. 116-
111, 116th Cong., 1st sess.111, 116th Cong., 1st sess.
(Washington, GPO, September 19, 2019), p. 38, at https://www.congress.gov/116/crpt/(Washington, GPO, September 19, 2019), p. 38, at https://www.congress.gov/116/crpt/
srpt111/CRPTsrpt111/CRPT
-116srpt111.pdf. U.S. House Committee on Appropriations, Financial Services and General-116srpt111.pdf. U.S. House Committee on Appropriations, Financial Services and General
Government Government
Appropriations Bill, 2021, report to accompany H.R. 7668, H.Rept. 116-456, 116th Cong., 2nd sess. (Washington, GPO, Appropriations Bill, 2021, report to accompany H.R. 7668, H.Rept. 116-456, 116th Cong., 2nd sess. (Washington, GPO,
JulyJuly
17, 2020), pp. 36-37, at https://www.congress.gov/116/crpt/hrpt456/CRPT-116hrpt456.pdf17, 2020), pp. 36-37, at https://www.congress.gov/116/crpt/hrpt456/CRPT-116hrpt456.pdf
.
In 2021, Congress passed legislation to newly define agency budget justifications by statute and require their posting online. See P.L. 117-40, Congressional Budget Justification Transparency Act of 2021, September 24, 2021 (135 Stat. 337), amending the Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282); located at 31 U.S.C. §6101 note. .
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3537 link to page 11 link to page 11
Office of Management and Budget (OMB): An Overview
federal agencies are in compliance with Title 31 of the U.S. Code, including requirements for priority goals and outcomes and that agency budget requests directly link to performance plans. Appropriators also directed OMB to consult with the Office of Personnel Management (OPM) and GSA and then report back to the committee by September 30, 2021, on gaps in federal information technology workforce skillsinformation technology workforce skil s, disciplines, and experience that are required to enable , disciplines, and experience that are required to enable
citizen-facing digitalcitizen-facing digital
services.services.
4243
OMB’s Workforce
Several perspectives on OMB’s workforce may help Several perspectives on OMB’s workforce may help
il ustrateillustrate how OMB’s personnel are how OMB’s personnel are
distributed across the agency and funded by OMB’s appropriations. This report focuses on the distributed across the agency and funded by OMB’s appropriations. This report focuses on the
OMB workforce in two primary ways: a discussion of OMB’s OMB workforce in two primary ways: a discussion of OMB’s
overal overall staffing composition and a staffing composition and a
more focused look at senior OMB positions that are established by statute. more focused look at senior OMB positions that are established by statute.
OMB Staffing Composition and Recent History
It is possible to quantify OMB’s staffing in two ways: full-time equivalent (FTE) positions and
It is possible to quantify OMB’s staffing in two ways: full-time equivalent (FTE) positions and
on-board employment. Each involves a different way of counting employees. on-board employment. Each involves a different way of counting employees.
• FTEs calculate employee work years. One full-time employee working 40 hours FTEs calculate employee work years. One full-time employee working 40 hours
per week for 52 weeks would constitute one FTE; two part-time employees each
per week for 52 weeks would constitute one FTE; two part-time employees each
working 20 hours per week for 52 weeks also would constitute one FTE.working 20 hours per week for 52 weeks also would constitute one FTE.
43
44
• On-board employment shows an employee headcount at a snapshot in time. On- On-board employment shows an employee headcount at a snapshot in time. On-
board employment is the number of employees in pay status regardless of full-
board employment is the number of employees in pay status regardless of full-
time or part-time status.time or part-time status.
4445
With respect to OMB’s S&E appropriation, OMB had an actual count of
With respect to OMB’s S&E appropriation, OMB had an actual count of
466448 FTEs in FTEs in
FY2019.45FY2022.46 The ITOR account had The ITOR account had
84177 FTEs, plus an additional FTEs, plus an additional
2137 FTEs for reimbursable activities for FTEs for reimbursable activities for
FY2019.46FY2022.47
In practice, the ITOR account has paid for staff and activities of both the U.S. Digital Service
In practice, the ITOR account has paid for staff and activities of both the U.S. Digital Service
(USDS) and OMB’s E-Gov.(USDS) and OMB’s E-Gov.
4748 CRS is not aware of a breakdown of staffing funded by the ITOR CRS is not aware of a breakdown of staffing funded by the ITOR
account that contrasts OMB core operations with activities of USDS. Consequently, for purposes account that contrasts OMB core operations with activities of USDS. Consequently, for purposes
of oversight of OMB, it may be difficult for observers to determine how much of the funding for of oversight of OMB, it may be difficult for observers to determine how much of the funding for
OMB’s staff comes from the ITOR account. Nevertheless, it appears the ITOR account has been OMB’s staff comes from the ITOR account. Nevertheless, it appears the ITOR account has been
used to fund core activities of OMB that otherwise might have been funded by the S&E account. used to fund core activities of OMB that otherwise might have been funded by the S&E account.
Notably, in the FY2021 Congressional Budget Justification for EOP, the President requested a Notably, in the FY2021 Congressional Budget Justification for EOP, the President requested a
shifting of funds and 21 FTEs from the ITOR appropriation into the OMB appropriation for shifting of funds and 21 FTEs from the ITOR appropriation into the OMB appropriation for
operations of E-Gov.operations of E-Gov.
4849
Not counting staffing associated with the ITOR account, OMB’s staffing associated with the S&E
Not counting staffing associated with the ITOR account, OMB’s staffing associated with the S&E
account has fluctuated over timeaccount has fluctuated over time
, with a somewhat steady decline in recent years. In the OMB . In the OMB
budget justification for budget justification for
FY2021FY2023, the justification stated that “total staffing levels are 60 FTEs lower than just over a decade ago, and over 35 FTEs
43 H.Rept. 116-456, pp. 37-38. 44 For further discussion, , the justification characterized OMB’s FTE levels as having “dropped by more than 50 FTE—a reduction of approximately 10 percent—since FY2010.”49
However, because it is unclear how many OMB staff were funded by the ITOR account, it is also unclear whether the decline in staffing reflected a shift of funding from the S&E account to the 42 H.Rept. 116-456 (116th Cong.), pp. 37-38. 43 For further discussion, sese
e Appendix A, Table A-1, and accompanying text. and accompanying text.
4445 For further discussion, For further discussion,
sese
e Appendix A, Table A-3, and accompanying text. and accompanying text.
4546 OMB, OMB,
Budget of the U.S. Government, FY2021, Appendix, p. 1148, at https://www.whitehouse.gov/omb/appendix/. 46 OMB, Budget of the U.S. Government, FY2021, Appendix, p. 1142, at https://www.whitehouse.gov/omb/appendix/. 47 See FY2024, Appendix, p. 1107. 47 Ibid., p. 1112. 48 See related discussionrelated discussion
in this report’s section titled in this report’s section titled
““ “OMB Budget and Selected History”.” 48 History.” 49 EOP, EOP,
Fiscal Year 2021 Congressional Budget Submission (Washington: EOP, 2020), pp. OMB-3 and (Washington: EOP, 2020), pp. OMB-3 and
IT OR-10. 49 EOP, Fiscal Year 2021 Congressional Budget Submission (Washington: EOP, 2020), p. OMB-3. ITOR-10.
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3537 Office of Management and Budget (OMB): An Overview
ITOR account as opposed to a reduction in OMB’s core operations. In FY2010, actual FTE for the S&E account was 527.50 In FY2014, actual FTE employment diminished to 435.51 The FTE
estimate for FY2020 was 477.52
In addition to OMB’s overal less than six years ago.”50 However, because it is unclear how many OMB staff were funded by the ITOR account, it is also unclear whether the decline in staffing reflected a shift of funding from the S&E account to the ITOR account as opposed to a reduction in OMB’s core operations. OMB’s budget justification for FY2024 stated, “OMB’s FY 2024 request will maintain FY 2023 staffing levels into FY 2024, and ensure that OMB can perform its critical mission and provide effective leadership in implementing key Administration priorities.”51 In FY2010, actual FTE for the S&E account was 527. In FY2014, actual FTE employment diminished to 435. The FTE estimate for FY2024 was 533.52
In addition to OMB’s overall FTE figures, the data can be broken down by OMB’s organizational FTE figures, the data can be broken down by OMB’s organizational
units.53 OMB’s RMOs account for the largest subset of OMB’s FTEs (units.53 OMB’s RMOs account for the largest subset of OMB’s FTEs (
219215 out of out of
466448 FTEs in FTEs in
FY2019FY2022, or nearly , or nearly
4748%). With respect to three of OMB’s statutory offices, OFFM had %). With respect to three of OMB’s statutory offices, OFFM had
1716 FTEs, FTEs,
OIRA had OIRA had
4950, and OFPP had , and OFPP had
15 in FY2019 (81 out of 466 FTEs in FY2019, or about 1714 in FY2022 (80 out of 448 FTEs in FY2022, or about 18%).54 %).54
OMB includes E-Gov in its accounting of agency-wide support offices, which had OMB includes E-Gov in its accounting of agency-wide support offices, which had
166152 FTEs in FTEs in
FY2019 (166FY2022 (152 out of out of
466448 FTEs in FTEs in
FY2019FY2022, or nearly , or nearly
3634%).55%).55
Alternatively,
Alternatively,
OMB’s workforce can be thought about in terms of on-board employment. Since OMB’s workforce can be thought about in terms of on-board employment. Since
2010, OMB’s on-board employment was at its highest level (2010, OMB’s on-board employment was at its highest level (
630695) in September ) in September
2016,2022 (most current available) and at its at its
lowest level (452) in September 2013lowest level (452) in September 2013
, and at 584 in June 2019 (most current available).56 .56 According to one scholar, 20 to 25 of OMB staff According to one scholar, 20 to 25 of OMB staff
historical y havehave historically been political appointees been political appointees
, and and
the rest have been career civil servants,57 although these figures may be difficult to document the rest have been career civil servants,57 although these figures may be difficult to document
precisely. precisely.
OMB Senior Officials and Appointments
Selected OMB Leadership Positions Established Established by Statute
Congress has created several key, appointed leadership positions in OMB via statute. As
Congress has created several key, appointed leadership positions in OMB via statute. As
discussed in this report’discussed in this report’
s “Capsule Statutory History”” section, the Budget and Accounting Act section, the Budget and Accounting Act
established the OMBestablished the OMB
director and deputy director positions. As the result of 1974 legislation, director and deputy director positions. As the result of 1974 legislation,
presidential appointments for these positions must be confirmed by the Senate. The Chief presidential appointments for these positions must be confirmed by the Senate. The Chief
Financial Officers Act of 1990 established the deputy director for management (DDM) position, Financial Officers Act of 1990 established the deputy director for management (DDM) position,
which is also subject to Senate confirmation. Congress also created leadership positions to which is also subject to Senate confirmation. Congress also created leadership positions to
oversee the four statutory offices.58 oversee the four statutory offices.58
Table 1 belowbelow
, provides more detailed information about statutorily established OMB leadership provides more detailed information about statutorily established OMB leadership
positions. The first column (“Statutory Position Title”) displays the position title that was positions. The first column (“Statutory Position Title”) displays the position title that was
established by statute. The second column (“Original Enacting Law”) offers citations to the established by statute. The second column (“Original Enacting Law”) offers citations to the
Statutes at Large where the laws that established the positions are located. The third column where the laws that established the positions are located. The third column
(“U.S. Code Location(s)”) includes citations to the locations of the positions within the United
States Code. The fourth column (“Type of Appointment”) labels each position as either (1) a presidential appointment with Senate confirmation (PAS) or (2) a presidential appointment (PA).
Final y, the fifth column (“Statutory Pay Level”) notes the corresponding pay level within the 50 See Table A-1. 51 Ibid. 52 Ibid. 53 T his paragraph draws on data from
50 EOP, Fiscal Year 2023 Congressional Budget Submission (Washington: EOP, 2022), p. OMB-7. 51 EOP, Fiscal Year 2024 Congressional Budget Submission (Washington: EOP, 2024), p. OMB-6. 52 See Table A-1. 53 This paragraph draws on data from Appendix AAppendix A
. See . See Table A-2 and the accompanying text. and the accompanying text.
54 Ibid. 54 Ibid.
55 See55 See
Table A-1. 56 See56 See
Table A-3. 57 Shelley Lynne 57 Shelley Lynne
T omkinTomkin, ,
Inside OMB: Politics and Process in the President’s Budget Office (Armonk, NY: M.E. (Armonk, NY: M.E.
Sharpe, 1998), ppSharpe, 1998), pp
. 22-23. 22-23.
58 Statutory language further provides that OMB “has 3 Assistant Directors” whose responsibilities are delegated58 Statutory language further provides that OMB “has 3 Assistant Directors” whose responsibilities are delegated
to to
them by the director. In addition, it provides that OMB “may have not more than 6 additional officers, each of whom is them by the director. In addition, it provides that OMB “may have not more than 6 additional officers, each of whom is
appointed in the appointed in the
compet itivecompetitive service by the Director. service by the Director.
T heThe Director shall specify the title of each additional officer.” Director shall specify the title of each additional officer.”
See See
31 U.S.C.31 U.S.C.
§502(d), (e). It is not clear to CRS§502(d), (e). It is not clear to CRS
how these provisions have been implemented in practice.how these provisions have been implemented in practice.
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(“U.S. Code Location(s)”) includes citations to the locations of the positions within the United States Code. The fourth column (“Type of Appointment”) labels each position as either (1) a presidential appointment with Senate confirmation (PAS) or (2) a presidential appointment (PA). Finally, the fifth column (“Statutory Pay Level”) notes the corresponding pay level within the executive schedule for each position, excluding the chief statistician whose pay level was not executive schedule for each position, excluding the chief statistician whose pay level was not
established in law.established in law.
Table 1. Senior OMB Positions Established by Statute
Statutory
Original Enacting
U.S. Code
Type of
Statutory Pay
Position Title
Law
Location(s)
Appointment
Level
Director
Director
of OMB of OMB
P.L. 67-13 (1921);
P.L. 67-13 (1921);
31 U.S.C.
31 U.S.C.
§502(a) §502(a)
PAS
PAS
EX Level
EX Level
I I
42 Stat. 22
42 Stat. 22
Deputy Director
Deputy Director
of of
P.L. 67-13 (1921);
P.L. 67-13 (1921);
31 U.S.C.
31 U.S.C.
§502(b)§502(b)
PAS
PAS
EX Level
EX Level
II II
OMB
OMB
42 Stat. 22
42 Stat. 22
Deputy Director
Deputy Director
for P.L. 101-576 (1990); 31 U.S.C.for P.L. 101-576 (1990); 31 U.S.C.
§502(c)§502(c)
PAS
PAS
EX Level
EX Level
II II
Management
Management
104 Stat. 2838, at
104 Stat. 2838, at
2839 2839
Administrator,
Administrator,
P.L. 96-511 (1980);
P.L. 96-511 (1980);
44 U.S.C.
44 U.S.C.
§3503 §3503
PAS
PAS
EX Level
EX Level
III III
OIRA
OIRA
94 Stat. 2814, at
94 Stat. 2814, at
2815 2815
Administrator,
Administrator,
P.L. 93-400 (1974);
P.L. 93-400 (1974);
41 U.S.C.
41 U.S.C.
§1101 §1101
PAS
PAS
EX Level
EX Level
III III
OFPP
OFPP
88 Stat. 796, at 797
88 Stat. 796, at 797
Administrator,
Administrator,
E-E-
P.L. 107-347 (2002); 44 U.S.C.
P.L. 107-347 (2002); 44 U.S.C.
§3602 §3602
PA
PA
EX Level
EX Level
III III
Gov
Gov
116 Stat. 2899, at
116 Stat. 2899, at
2902 2902
Control er,
Control er,
OFFM OFFM
P.L. 101-576 (1990); 31 U.S.C.
P.L. 101-576 (1990); 31 U.S.C.
§504 §504
PAS
PAS
EX Level
EX Level
III III
104 Stat. 2838, at
104 Stat. 2838, at
2841 2841
Chief Statistician
Chief Statistician
P.L. 99-500
P.L. 99-500
44 U.S.C.
44 U.S.C.
§3504(e)(7) §3504(e)(7)
OMB Director
OMB Director
N/A (SES ES00; not
N/A (SES ES00; not
established in law; established in law;
(1986); 100 Stat.
(1986); 100 Stat.
see note below)
see note below)
1783-337
1783-337
Source: CRS analysis. CRS analysis.
Notes: PAS = presidentialPAS = presidential
appointment with Senate confirmation; PAappointment with Senate confirmation; PA
= presidential= presidential
appointment; EX = appointment; EX =
Executive Schedule; SES = Senior Executive Service. Executive Schedule; SES = Senior Executive Service.
For the codification of pay rates, seeFor the codification of pay rates, see
5 U.S.C.5 U.S.C.
§5312 (EX Level I), 5 U.S.C.§5312 (EX Level I), 5 U.S.C.
§5313 (EX Level§5313 (EX Level
II), and 5 U.S.C. II), and 5 U.S.C.
§5314 (EX Level III). For EX salaries§5314 (EX Level III). For EX salaries
in 2020 in 2023, see,, see,
U.S. Office of Personnel Management (U.S. Office of Personnel Management (
hereinafter OPM), Salary hereinafter OPM), Salary
Table No. Table No.
20202023-EX, Rates of Basic Pay for the Executive Schedule (EX), at https://www.opm.gov/policy-data--EX, Rates of Basic Pay for the Executive Schedule (EX), at https://www.opm.gov/policy-data-
oversight/pay-leave/salaries-wages/salary-tables/pdf/oversight/pay-leave/salaries-wages/salary-tables/pdf/
20202023/EX.pdf. /EX.pdf.
For the Chief Statistician as an SES position, see USAJOBS,For the Chief Statistician as an SES position, see USAJOBS,
Chief Statistician, Statistical Policy and Science Chief Statistician, Statistical Policy and Science
Branch, Executive Office of the President, OMB, closing date 07/06/2020, at https://www.usajobs.gov/GetJob/Branch, Executive Office of the President, OMB, closing date 07/06/2020, at https://www.usajobs.gov/GetJob/
ViewDetails/569699900. (Copy of the vacancy announcement available from CRS.) For SES salariesViewDetails/569699900. (Copy of the vacancy announcement available from CRS.) For SES salaries
in 2020, see, in 2020, see,
OPM, Salary Table No. 2020-ES Rates of Basic Pay for MembersOPM, Salary Table No. 2020-ES Rates of Basic Pay for Members
of the Seniorof the Senior
Executive ServiceExecutive Service
(SES), at (SES), at
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/ES.pdf.https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/ES.pdf.
The salary The salary
range for the Chief Statistician position for 2020 is $131,239 to $197,300. range for the Chief Statistician position for 2020 is $131,239 to $197,300.
OMB Appointments Issues
The OMB director, deputy director, and DDM positions are appointed by the President with
The OMB director, deputy director, and DDM positions are appointed by the President with
Senate confirmation. Issues that arise relating to OMB’s senior political appointees may vary Senate confirmation. Issues that arise relating to OMB’s senior political appointees may vary
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from time to time. During the Trump Administration, for example, two developments that from time to time. During the Trump Administration, for example, two developments that
have persisted for these positions persisted for these positions
includeincluded officials serving in (1) acting capacities for extended periods officials serving in (1) acting capacities for extended periods
of time and (2) two roles simultaneously (also sometimes of time and (2) two roles simultaneously (also sometimes
cal edcalled dual-hatting).
OMB Appointments: Trump Administration Case Study
The dual-hatting).
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With regard to the first issue, the director position was fil ed on an acting basis from mid- director position was fil ed on an acting basis from mid-
December 2018 (when OMB Director Mick Mulvaney was named acting White House chief of December 2018 (when OMB Director Mick Mulvaney was named acting White House chief of
staff)59 until July 20, 2020 (when acting OMB Director staff)59 until July 20, 2020 (when acting OMB Director
Russel Russell Vought was confirmed as Vought was confirmed as
director).60 director).60
FollowingFol owing reports of Margaret Weichert’s resignation from the DDM position in reports of Margaret Weichert’s resignation from the DDM position in
March 2020,61 the DDM position was fil ed on an acting basis by Michael Rigas.62March 2020,61 the DDM position was fil ed on an acting basis by Michael Rigas.62
As for the dual-hatting issue, Margaret Weichert also served as the acting director of OPM from As for the dual-hatting issue, Margaret Weichert also served as the acting director of OPM from
early October 2018 until mid-September 2019,63 when Dale Cabaniss was confirmed as OPM early October 2018 until mid-September 2019,63 when Dale Cabaniss was confirmed as OPM
director.64 As of October 2020, the acting DDM at OMB was Michael Rigas, who was the Senate-director.64 As of October 2020, the acting DDM at OMB was Michael Rigas, who was the Senate-
confirmed OPM deputy director and also the confirmed OPM deputy director and also the
acting OPM director.65 As a case study from the acting OPM director.65 As a case study from the
Trump AdministrationTrump Administration
,, Table B-1 ii
n Appendix B provides more detailedprovides more detailed
information related to information related to
the nomination and confirmation for each of these OMB positions. the nomination and confirmation for each of these OMB positions.
OMB’s Website and Documents66
In the mid-1990s, OMB established its own website providing content about several of its more In the mid-1990s, OMB established its own website providing content about several of its more
significant activities as part of the significant activities as part of the
http://www.whitehouse.gov domain. Currently, the website www.whitehouse.gov domain. Currently, the website
al ows allows Congress and the public to explore OMB’s functions and policies while also acting as a Congress and the public to explore OMB’s functions and policies while also acting as a
digital
59 In mid-December 2018, the Senate-confirmed OMB director, Mick Mulvaney, was59 In mid-December 2018, the Senate-confirmed OMB director, Mick Mulvaney, was
named acting White House chief named acting White House chief
of staff. National Public Radioof staff. National Public Radio
reported that reported, “The White House clarified Friday night that Mulvaney will not resign , “The White House clarified Friday night that Mulvaney will not resign
from OMB. Spokeswoman Sarahfrom OMB. Spokeswoman Sarah
Huckabee Sanders said Huckabee Sanders said in a statement that Mulvaney ‘will spend allin a statement that Mulvaney ‘will spend all
of his time of his time
devoted to his role as the acting chief of staff for the President.’ OMB Deputy Director Russelldevoted to his role as the acting chief of staff for the President.’ OMB Deputy Director Russell
Vought willVought will
‘handle day ‘handle day
to day operations and run OMB.’” Seeto day operations and run OMB.’” See
Jessica T aylor Jessica Taylor, “President Trump Names Mick Mulvaney as Acting White , “President Trump Names Mick Mulvaney as Acting White
House House Chief Of Staff,” National Public Radio, December 14, 2018, at https://www.npr.org/2018/12/14/676931195/Chief Of Staff,” National Public Radio, December 14, 2018, at https://www.npr.org/2018/12/14/676931195/
president president-trump-names-mick-mulvaney-as-acting-white-house-chief-of-staff. -trump-names-mick-mulvaney-as-acting-white-house-chief-of-staff.
60
60
T heThe Senate confirmed Russell Senate confirmed Russell
Vought asVought as
director of OMB on a vote (Record No. 131) of 51 to 45 on July 20, 2020.director of OMB on a vote (Record No. 131) of 51 to 45 on July 20, 2020.
61 President Donald 61 President Donald
T rump was inaugurated Trump was inaugurated on January 20, 2017. OMB didon January 20, 2017. OMB did
not have a not have a
Sen ateSenate-confirmed DDM until -confirmed DDM until
Margaret Weichert was confirmed on FebruaryMargaret Weichert was confirmed on February
14, 2018, by voice vote. For discussion14, 2018, by voice vote. For discussion
of Weichert’s resignation, see of Weichert’s resignation, see
Eric Katz, “Eric Katz, “
T rumpTrump’s Federal Personnel Point Person to Step Down,” ’s Federal Personnel Point Person to Step Down,”
Government Executive, February 14, 2020, at , February 14, 2020, at
https://www.govexec.com/workforce/2020/02/trumps-federal-personnel-point-person-step-down/163145/. https://www.govexec.com/workforce/2020/02/trumps-federal-personnel-point-person-step-down/163145/.
62 See
62 See
Nicole Ogrysko, “OPM’s RigasNicole Ogrysko, “OPM’s Rigas
to T ake to Take on Second Position as OMB Acting Deputy,” on Second Position as OMB Acting Deputy,”
Federal News Network, ,
March 25, 2020, at https://federalnewsnetwork.com/people/2020/03/opms-rigas-to-take-on-second-position-as-omb-March 25, 2020, at https://federalnewsnetwork.com/people/2020/03/opms-rigas-to-take-on-second-position-as-omb-
acting-deputy/, which observedacting-deputy/, which observed
that “ , “With his new acting appointment, Rigas willWith his new acting appointment, Rigas will
be the second person in three years be the second person in three years
to serve as the federal governmentto serve as the federal government
’s personnel leader for two separate agencies.” ’s personnel leader for two separate agencies.”
63 In early October, 2018, Jeff 63 In early October, 2018, Jeff
T ienTien Han Pon resigned as Han Pon resigned as
Directordirector of OPM. See of OPM. See
Eric Katz, “Eric Katz, “
White House Replaces White House Replaces
FederalFederal
Personnel Director in Surprise Shakeup. Margaret Weichert, the Deputy Director for Management at the OfficePersonnel Director in Surprise Shakeup. Margaret Weichert, the Deputy Director for Management at the Office
of Management and Budget,of Management and Budget,
Will Serve as Acting OPM Director,” Will Serve as Acting OPM Director,”
Government Executive, October 5, 2018, at , October 5, 2018, at
https://www.govexec.com/management/2018/10/white-house-replaces-federal-personnel-director-surprise-shakeup/https://www.govexec.com/management/2018/10/white-house-replaces-federal-personnel-director-surprise-shakeup/
151838/. 151838/.
64
64
T heThe Senate confirmed Dale Cabaniss Senate confirmed Dale Cabaniss
as as OPM director on a vote (Record No. 271) of 54 to 38 on September 11, OPM director on a vote (Record No. 271) of 54 to 38 on September 11,
2019. 2019.
65 Adam Mazmanian, “Rigas to 65 Adam Mazmanian, “Rigas to
T akeTake on DDM Role,” on DDM Role,”
Federal Computer Week, March 25, 2020, at https://fcw.com/, March 25, 2020, at https://fcw.com/
articles/2020/03/25/rigas-omb-ddm-dualhat.aspx. See also discussionarticles/2020/03/25/rigas-omb-ddm-dualhat.aspx. See also discussion
in Nicole in Ogrysko, “ Ogrysko, “
OPM’s Rigas to T ake on Second Position as OMB Acting Deputy,” Federal News Network, March 25, 2020, at https://federalnewsnetwork.com/people/2020/03/opms-rigas-to-take-on-second-position-as-omb-acting-deputy/, which observed that “ With his new acting appointment, Rigas will be the second person in three years to serve as the federal government ’s personnel leader for two separate agencies.”
66 T his section was written by T aylor N. Riccard, OPM’s Rigas to Take on Second Position as OMB Acting Deputy.”
66 This section was written by Taylor N. Riccard, Analyst in Government Organization and ManagementAnalyst in Government Organization and Management
, and Meghan and Meghan
M. Stuessy,M. Stuessy,
Analyst in Government Organization and Management.Analyst in Government Organization and Management.
Congressional Research Service
Congressional Research Service
13
13
Office of Management and Budget (OMB): An Overview
digital platform for OMB to publish documents.67 Under the platform for OMB to publish documents.67 Under the
TrumpBiden Administration, OMB’s website Administration, OMB’s website
offers information on a variety of topics,68 including the offers information on a variety of topics,68 including the
following:
list below.
• President’s Budget, which contains various volumes of the President’s Budget. contains various volumes of the President’s Budget.
Information and Guidance, which • Briefing Room contains blogs, press releases, and updates. • Freedom of Information Act (FOIA) contains information about OMB and
FOIA, as well as OMB’s FOIA Library of released records and reports.
• Information and Guidance contains guidance and written contains guidance and written
communications communications
published by OMB. published by OMB.
• Information and Regulatory Affairs, which contains resources regarding contains resources regarding
OIRA.
U.S. Intellectual Property Enforcement Coordinator, which contains
documents relating to intel ectual property policy and strategy.
Legislative, which contains documents related to the President’s legislative
activities.
Management, which contains information about the statutory offices and
management-related initiativesOIRA. • Legislative contains documents related to the President’s legislative activities. • Management contains information about the statutory offices and management-
related initiatives.
• Office of Federal Financial Management contains resources related to OMB’s
financial management functions.
• PAYGO Reports contains Statutory Pay-As-You-Go Act annual reports. • SIPRA contains information related to the Social Impact Partnerships to Pay for
Results Act.
• Statements of Administration Policy contains documents related to OMB’s role
in legislative coordination and clearance.
• Supplementals, Amendments, and Releases contains additional budgetary
documents.
• Tribal Consultation contains information related to OMB’s tribal consultation
sessions. .
The homepage also displays OMB’s mission statement and information regarding OMB’s
The homepage also displays OMB’s mission statement and information regarding OMB’s
leadership.leadership.
69 In addition, it features contact information and recent OMB statements and In addition, it features contact information and recent OMB statements and
releases.releases.
70
The website has evolved over time and from Administration to Administration. The National
The website has evolved over time and from Administration to Administration. The National
Archives and Records Administration (NARA) has responsibilities under the Federal Records Act Archives and Records Administration (NARA) has responsibilities under the Federal Records Act
and the Presidential Records Act to ensure proper retention and access to records materials, and the Presidential Records Act to ensure proper retention and access to records materials,
including materials on the www.whitehouse.gov domain.including materials on the www.whitehouse.gov domain.
7169 Whereas records created by OMB Whereas records created by OMB
general y generally are considered to be federal records subject to retention requirements established by the are considered to be federal records subject to retention requirements established by the
Federal Records Act, other components of the EOP create presidential records that may have Federal Records Act, other components of the EOP create presidential records that may have
permanent preservation value pursuant to the Presidential Records Act.permanent preservation value pursuant to the Presidential Records Act.
7270 As a result, federal As a result, federal
records created by OMB may be subject to less stringent requirements than presidential records records created by OMB may be subject to less stringent requirements than presidential records
created by other components of the EOP. In practice, however, NARA treats created by other components of the EOP. In practice, however, NARA treats
al all records on the records on the
White House website (including those created by OMB) as suitable presidential records content White House website (including those created by OMB) as suitable presidential records content
for preservation.
As part of its preservation efforts, NARA creates “frozen in time” website approximations of the www.whitehouse.gov domain and associated sites at the conclusion of a presidency but not at various points during an Administration.73 NARA notes, “These websites are no longer updated so links to external websites and some internal pages wil not work.”74 Policy decisions such as
when and what to collect may impact the material’s context (i.e., the circumstances that situate
67 See for preservation.
67 See OMB, “Office of Management and Budget,”OMB, “Office of Management and Budget,”
at https://www.whitehouse.gov/omb/. at https://www.whitehouse.gov/omb/.
68 Ibid.68 Ibid.
Under the Under the
T rumpBiden Administration, OMB’s website Administration, OMB’s website
contains a number of different pages displayedcontains a number of different pages displayed
in a menu in a menu
located in the located in the
upper-left hand corner of the webpage and titled “ In T his Section.” T his menu lin ksright-hand side of the webpage. This menu links to pages titled to pages titled
“President’s Budget,” “Information and Guidance,” Information and Regulatory Affairs,” “U.S. Intellectual Property Enforcement Coordinator,” “Legislative,” and “Management.” 69 Ibid. 70 Ibid. 71 For discussion, see CRS In Focus “President’s Budget,” “Briefing Room,” “Freedom of Information Act (FOIA),” “Information and Guidance,” Information and Regulatory Affairs,” “Legislative,” and “Management,” “Office of Federal Financial Management,” “PAYGO Reports,” “SPIRA,” “Statements of Administration Policy,” “Supplementals, Amendments, and Releases,”, and “Tribal Consultation.” 69 For discussion, see CRS In Focus IF11119, IF11119,
Federal Records: Types and Treatments, by Meghan M. Stuessy. , by Meghan M. Stuessy.
7270 NARA, NARA,
Guidance on Presidential Records, p. 5, at https://www.archives.gov/files/presidential-records-guidance.pdf. , p. 5, at https://www.archives.gov/files/presidential-records-guidance.pdf.
73 NARA maintains a website that links to these “frozen in time” White House sites from President Clinton to the present. See NARA, “ Archived Presidential White House Websites,” at https://www.archives.gov/presidential-libraries/archived-websites.
74 Ibid.
Congressional Research Service
14
Office of Management and Budget (OMB): An Overview
Congressional Research Service
14
Office of Management and Budget (OMB): An Overview
As part of its preservation efforts, NARA creates “frozen in time” website approximations of the http://www.whitehouse.gov domain and associated sites at the conclusion of a presidency but not at various points during an Administration.71 NARA notes, “These websites are no longer updated so links to external websites and some internal pages will not work.”72 Policy decisions such as when and what to collect may impact the material’s context (i.e., the circumstances that situate the material and give it meaning), usability, and completeness. Some accompanying digital the material and give it meaning), usability, and completeness. Some accompanying digital
information, such as who accessed the information or reviewed the document, may not be information, such as who accessed the information or reviewed the document, may not be
availableavailable
without holistic preservation. Such decisions may have implications on the type of without holistic preservation. Such decisions may have implications on the type of
information availableinformation available
to future researchers, federal agencies, and Congress.to future researchers, federal agencies, and Congress.
75 73
Major Functions
As noted earlier in this report, OMB has significant and varied responsibilities.As noted earlier in this report, OMB has significant and varied responsibilities.
7674 In pursuing In pursuing
these activities, OMBthese activities, OMB
is required to faithfully execute its statutory responsibilities as passed by is required to faithfully execute its statutory responsibilities as passed by
Congress and, in addition, may act as an agent to pursue the President’s policy preferences. From Congress and, in addition, may act as an agent to pursue the President’s policy preferences. From
Congress’s perspective, there may be tensions or contradictions between the two roles. When Congress’s perspective, there may be tensions or contradictions between the two roles. When
viewed through either of these lenses, most observers identify the following as major functions of viewed through either of these lenses, most observers identify the following as major functions of
OMB. OMB.
Budget Formulation and Execution
The U.S. Constitution vests Congress with the “power of the purse” but is largely silent regarding The U.S. Constitution vests Congress with the “power of the purse” but is largely silent regarding
the President’s role in the budget process.the President’s role in the budget process.
7775 Accordingly, the current executive budget process is Accordingly, the current executive budget process is
largely an outgrowth of statutes enacted by Congress.largely an outgrowth of statutes enacted by Congress.
78 OMB plays a significant role in the OMB plays a significant role in the
executive budget process, and it engages in several budget-related activities to implement the executive budget process, and it engages in several budget-related activities to implement the
statutes and to support the institutional presidency. statutes and to support the institutional presidency.
Under statutory provisions
Under statutory provisions
original yoriginally associated with the Budget and Accounting Act, 1921, associated with the Budget and Accounting Act, 1921,
7976 the the
President is required President is required
annual y annually to submit a consolidated budget proposal for Congress’s to submit a consolidated budget proposal for Congress’s
consideration. OMB frequently acts on the President’s behalf in this process. To guide agencies in consideration. OMB frequently acts on the President’s behalf in this process. To guide agencies in
formulating proposals, OMB sends budget instructions to agencies via its formulating proposals, OMB sends budget instructions to agencies via its
Circular No. A-11..
80
77 OMB updates this multi-hundred page document each year to reflect new developments and the OMB updates this multi-hundred page document each year to reflect new developments and the
President’s budget and management priorities. Agency heads then forward their formal budget requests to OMB for review, where the RMOs in cooperation with other OMB offices (e.g., E-Gov for information technology initiatives) assemble options and analysis for decisions by OMB and the White House. After an opportunity for agency appeals, the Budget Review Division
coordinates production of the President’s budget.81
75
71 NARA maintains a website that links to these “frozen in time” White House sites from President Clinton to the present. See NARA, “Archived Presidential White House Websites,” at https://www.archives.gov/presidential-libraries/archived-websites.
72 Ibid. 73 Other government agencies, educational institutions, and private organizations have worked to fill such gaps Other government agencies, educational institutions, and private organizations have worked to fill such gaps
both at both at
the conclusion of a presidency and throughout a presidency by allowingthe conclusion of a presidency and throughout a presidency by allowing
users users to capture the page or subpageto capture the page or subpage
as as it it
appeared on a particular day. Whereas NARAappeared on a particular day. Whereas NARA
is tasked with collecting and retaining materials that are federal records, is tasked with collecting and retaining materials that are federal records,
these additional institutions may collect broader information that, while not record information, may provide valuable these additional institutions may collect broader information that, while not record information, may provide valuable
context to presidential documents. See End of context to presidential documents. See End of
T ermTerm Web Archive: U.S. Web Archive: U.S.
Federal Web Domain at Presidential Federal Web Domain at Presidential
T ransitionsTransitions, ,
Project Partners, at http://eotarchive.cdlib.org/partners.html; and Internet Archive, , at http://eotarchive.cdlib.org/partners.html; and Internet Archive,
Join us for a White
House Social Media and Gov Data Hackathon!, January 2, 2017, at https://blog.archive.org/2017/01/02/join-us-for-a-, January 2, 2017, at https://blog.archive.org/2017/01/02/join-us-for-a-
white-house-social-media-and-gov-data-hackathon/. white-house-social-media-and-gov-data-hackathon/.
7674 See See
Morton Rosenberg and Mark Gurevitz, “Preliminary Catalogue of Office of Management and BudgetMorton Rosenberg and Mark Gurevitz, “Preliminary Catalogue of Office of Management and Budget
Authorities Authorities
and Directives,” in U.S.and Directives,” in U.S.
Congress,Congress,
Senate Committee on Governmental Affairs, Senate Committee on Governmental Affairs,
Office of Management and Budget:
Evolving Roles and Future Issues, committee print, 99th Cong., 2nd sess. (Washington: GPO, 1986), pp. 395, committee print, 99th Cong., 2nd sess. (Washington: GPO, 1986), pp. 395
-696. -696.
7775 For discussion, For discussion,
see CRSsee CRS
Report R46240, Report R46240,
Introduction to the Federal Budget Process, by James, by James
V. Saturno, and CRS V. Saturno, and CRS
Report Report
R42633R47019, ,
The Executive Budget Process: An Overview,,
by Michelle D. Christensen. 78 Ibid. 79 31 U.S.C. §1105. 80 by Dominick A. Fiorentino and Taylor N. Riccard.
76 31 U.S.C. §1105. 77 OMB, “Circulars,” at https://www.whitehouse.gov/omb/information-for-agencies/circulars/. OMB, “Circulars,” at https://www.whitehouse.gov/omb/information-for-agencies/circulars/.
81 T he most recent presidential budget submission is available at OMB, “President’s Budget,” at
Congressional Research Service
Congressional Research Service
15
15
Office of Management and Budget (OMB): An Overview
President’s budget and management priorities. Agency heads then forward their formal budget requests to OMB for review, where the RMOs in cooperation with other OMB offices (e.g., E-Gov for information technology initiatives) assemble options and analysis for decisions by OMB and the White House. After an opportunity for agency appeals, the Budget Review Division coordinates production of the President’s budget.78
When Congress passes appropriations billsWhen Congress passes appropriations bil s and they are signed into law, “budget execution” and they are signed into law, “budget execution”
begins. A group of statutory provisions that observers refer to collectively as the Antideficiency begins. A group of statutory provisions that observers refer to collectively as the Antideficiency
Act requires OMB to “apportion” appropriated funds—that is, make appropriations available to Act requires OMB to “apportion” appropriated funds—that is, make appropriations available to
agencies in agencies in
legal y legally binding increments (e.g., quarterly). The statute’s express purpose is to binding increments (e.g., quarterly). The statute’s express purpose is to
prevent federal officials from obligating or expending funds at a rate that would prematurely prevent federal officials from obligating or expending funds at a rate that would prematurely
exhaust the funds, such as before the end of a fiscal year.exhaust the funds, such as before the end of a fiscal year.
8279 In practice, OMB may include within In practice, OMB may include within
an apportionment certain “footnotes” that OMB states are an apportionment certain “footnotes” that OMB states are
legal ylegally binding for apportioned binding for apportioned
amounts.amounts.
8380 OMB has indicated that a footnote may be used to make funds available for obligation OMB has indicated that a footnote may be used to make funds available for obligation
only “when specified events occur (such as an agency taking certain action).”only “when specified events occur (such as an agency taking certain action).”
8481 In this way, OMB In this way, OMB
may attempt to influence an agency’s implementation of appropriations and authorizing acts. At may attempt to influence an agency’s implementation of appropriations and authorizing acts. At
times, observers have expressed concerns about OMB’s use of footnotes.times, observers have expressed concerns about OMB’s use of footnotes.
85 82
OMB also provides budget-related guidance on additional
OMB also provides budget-related guidance on additional
topics, including but not limited to topics, including but not limited to
continuing resolutions,continuing resolutions,
8683 government shutdowns, government shutdowns,
8784 agencies’ use of discretion in agencies’ use of discretion in
al ocatingallocating funds funds
to specific locations and recipients,to specific locations and recipients,
8885 and agencies’ use of discretion with mandatory spending and agencies’ use of discretion with mandatory spending
programs.programs.
8986
Legislative Coordination and Clearance90Clearance87
OMB plays a key role in coordinating the President’s legislative activities. Under OMB plays a key role in coordinating the President’s legislative activities. Under
Circular No. A-
19, the Legislative Reference Division (LRD) coordinates executive branch review and clearance , the Legislative Reference Division (LRD) coordinates executive branch review and clearance
of congressional testimony, congressional correspondence, and agencies’ draft of congressional testimony, congressional correspondence, and agencies’ draft
bil s to help ensure compliance with the President’s policy agenda.91 In these ways, LRD may make known the Administration’s views on legislation and may al ow affected agencies, either directly or via
RMOs, to provide input during intra-executive branch policy development. Through the legislative coordination and clearance process, LRD works with the RMOs and political
bills to help ensure
78 The most recent presidential budget submission is available at OMB, “President’s Budget,” at https://www.whitehouse.gov/omb/budget/.https://www.whitehouse.gov/omb/budget/.
Previous versions since FY1996 are available at U.S.Previous versions since FY1996 are available at U.S.
Government Government
PublishingPublishing
Office, “Office, “
Budget Budget of the United States Governmentof the United States Government
,” at https://www.govinfo.gov/app/collection/BUDGET,” at https://www.govinfo.gov/app/collection/BUDGET
/. /.
8279 31 U.S.C. 31 U.S.C.
§§1511-1519. §§1511-1519.
8380 OMB, OMB,
Circular No. A-11: Preparation, Submission, and Execution of the Budget, ,
July 2020, §§120.15 and 120.36. 84August 2022, §120.34. 81 Ibid., §120.12. Ibid., §120.12.
8582 See See
OMB, Letter from Mark R. Paoletta, General Counsel, OMB, to OMB, Letter from Mark R. Paoletta, General Counsel, OMB, to
T omTom Armstrong, General Counsel, GAO, Armstrong, General Counsel, GAO,
December 11, 2019, at https://www.washingtonpost.com/context/white-house-budget-office-s-new-legal-memo-on-December 11, 2019, at https://www.washingtonpost.com/context/white-house-budget-office-s-new-legal-memo-on-
military-aid-to-ukraine/c2833adb-ef3a-4446-8a6a-c24bc34ba715/, and https://context-cdn.washingtonpost.com/notes/military-aid-to-ukraine/c2833adb-ef3a-4446-8a6a-c24bc34ba715/, and https://context-cdn.washingtonpost.com/notes/
prod/default/documents/5dbd9f69-2537-4272-bd5d-60c94d3843b6/note/112b1caa-763c-4c4c-a5bb-0a04f7962d2c.pdf prod/default/documents/5dbd9f69-2537-4272-bd5d-60c94d3843b6/note/112b1caa-763c-4c4c-a5bb-0a04f7962d2c.pdf
(letter from OMB to GAO, characterizing OMB’s past apportionment practices and interpretations of relevant law); and (letter from OMB to GAO, characterizing OMB’s past apportionment practices and interpretations of relevant law); and
GAO,GAO,
Office of Managem entManagement and Budget—Withholding of Ukraine Security Assistance, B-331564, January 16, 2020, at , B-331564, January 16, 2020, at
https://www.gao.gov/products/B-331564 (GAOhttps://www.gao.gov/products/B-331564 (GAO
response with a legalresponse with a legal
decision regardingdecision regarding
the withholding of Ukraine-the withholding of Ukraine-
related funds).related funds).
For backgroundFor background
discussion,discussion,
see text box titled “see text box titled “
Ukraine Aid and the U.S. Presidential Impeachment,” in Ukraine Aid and the U.S. Presidential Impeachment,” in
CRSCRS
Report R45008, Report R45008,
Ukraine: Background, Conflict with Russia, and U.S. Policy, by Cory Welt, by Cory Welt
. 86 CRS .
83 See CRS Report RL34700, Report RL34700,
Interim Continuing Resolutions (CRs): Potential Impacts on Agency Operations, by Clinton , by Clinton
T T. Brass. . Brass.
87 CRS 84 See CRS Report RL34680, Report RL34680,
Shutdown of the Federal Government: Causes, Processes, and Effects, coordinated by , coordinated by
Clinton TClinton T
. Brass. . Brass.
88 CRS 85 See CRS Report RL34648, Report RL34648,
Bush Administration Policy Regarding Congressionally Originated Earmarks: An Overview, ,
by Clinton Tby Clinton T
. Brass, Garrett Hatch, and R. Eric Petersen. Brass, Garrett Hatch, and R. Eric Petersen
. 89 CRS .
86 See CRS Report R41375, Report R41375,
OMB Controls on Agency Mandatory Spending Programs: “Administrative PAYGO” and
Related Issues for Congress,,
by Clinton Tby Clinton T
. Brass and. Brass and
Jim Monke. Jim Monke.
90 T his87 This section was section was
written by Meghan M. Stuessy,written by Meghan M. Stuessy,
Analyst in Analyst in
Governm entGovernment Organization and Management. Organization and Management.
91 OMB, Circular A-19: Legislative Coordination and Clearance, September 20, 1979.
Congressional Research Service
Congressional Research Service
16
16
link to page
link to page
76 Office of Management and Budget (OMB): An Overview
compliance with the President’s policy agenda.88 In these ways, LRD may make known the Administration’s views on legislation and may allow affected agencies, either directly or via RMOs, to provide input during intra-executive branch policy development. Through the legislative coordination and clearance process, LRD works with the RMOs and political leadership of OMB to decide which agency views shall leadership of OMB to decide which agency views shal be accepted and which be accepted and which
shal shall be discarded be discarded
in forming the Administration’s view on the matter at hand. These deliberations in forming the Administration’s view on the matter at hand. These deliberations
typical ytypically are not are not
visible to Congress. visible to Congress.
For non-appropriations legislation, LRD coordinates the preparation of “Statements of
For non-appropriations legislation, LRD coordinates the preparation of “Statements of
Administration Policy” (SAPs, pronounced “saps”) on some pending legislation. As part of Administration Policy” (SAPs, pronounced “saps”) on some pending legislation. As part of
OMB’s coordination process concerning legislative matters, LRD also authors memoranda to OMB’s coordination process concerning legislative matters, LRD also authors memoranda to
advise the President on enrolled advise the President on enrolled
bil sbills (e.g., recommending signature or veto, or contents for (e.g., recommending signature or veto, or contents for
signing statements) when legislation is presented to the President.signing statements) when legislation is presented to the President.
9289 BRD performs similar duties BRD performs similar duties
for appropriations legislation. SAPs serve to inform the executive branch, Congress, and the for appropriations legislation. SAPs serve to inform the executive branch, Congress, and the
public of the Administration’s stance early in the legislativepublic of the Administration’s stance early in the legislative
process. While SAPs provide process. While SAPs provide
Presidents an opportunity to assert varying levels of support for or opposition to a Presidents an opportunity to assert varying levels of support for or opposition to a
bil bill, a SAP also , a SAP also
may signal whether the Administration intends to veto the may signal whether the Administration intends to veto the
bil . bill. Members of Congress may pay Members of Congress may pay
particular attention to a SAP when a veto threat is being made.particular attention to a SAP when a veto threat is being made.
9390 At least one congressional leader At least one congressional leader
characterized SAPs as forerunner indicators of a veto.characterized SAPs as forerunner indicators of a veto.
9491
Executive Orders and Proclamations95Proclamations92
OMB considers its role in the development, review, and promulgation of executive orders and OMB considers its role in the development, review, and promulgation of executive orders and
proclamations to be one of its “five critical processes” (see this report’s section titled proclamations to be one of its “five critical processes” (see this report’s section titled
“Characterizations of OMB’s Mission”)..
9693 Under Executive Order (E.O.) 11030, Under Executive Order (E.O.) 11030,
9794 the OMB the OMB
director receives, reviews, and approves or disapproves executive orders and proclamations director receives, reviews, and approves or disapproves executive orders and proclamations
proposed by agencies.proposed by agencies.
9895 The OMB director also prepares commemorative proclamations and The OMB director also prepares commemorative proclamations and
plays a role in the implementation of some executive orders.plays a role in the implementation of some executive orders.
9996 For example, some executive
88 OMB, Circular A-19: Legislative Coordination and Clearance, September 20, 1979. 89 For more information on SAPs, see CRS For example, some executive
orders direct OMB to monitor the implementation of an order.100 To fulfil this duty, OMB may issue guidance memoranda to the heads of departments and agencies.101 Final y, OMB typical y
92 For more information on SAPs, see CRS Report R44539, Report R44539,
Statements of Administration Policy, by Meghan M. , by Meghan M.
Stuessy.Stuessy.
For a visualFor a visual
representation of the process of presenting legislation to the President, see CRSrepresentation of the process of presenting legislation to the President, see CRS
Infographic Infographic
IG10007, IG10007,
Presentation of Legislation and the Veto Process, by Meghan M. Stuessy. , by Meghan M. Stuessy.
9390 Some Members Some Members
of Congress call particular attention to SAPs that contain veto threats in remarks on the floor. For of Congress call particular attention to SAPs that contain veto threats in remarks on the floor. For
examples of suchexamples of such
references from the references from the
114 th114th Congress, see Rep. Michael Burgess, Congress, see Rep. Michael Burgess,
Congressional Record, daily, daily
edition, edition,
vol. 161, partvol. 161, part
173 (December 1, 2015), pp. H8658173 (December 1, 2015), pp. H8658
-H8660; Rep. Alcee Hastings, -H8660; Rep. Alcee Hastings,
Congressional Record, daily edition, , daily edition,
vol. 161, part 170 (November 18, 2015), pp. H8295vol. 161, part 170 (November 18, 2015), pp. H8295
-H8296; and Rep. Alcee Hastings, -H8296; and Rep. Alcee Hastings,
Congressional Record, daily , daily
edition, vol. 161, part 63 (April 29, 2015), pp. H2512-H2513. edition, vol. 161, part 63 (April 29, 2015), pp. H2512-H2513.
9491 Hon. Harry Reid, Hon. Harry Reid,
Congressional Record, daily, daily
edition, vol. 161, part 63 (April 29, 2015), p. S2492. For more edition, vol. 161, part 63 (April 29, 2015), p. S2492. For more
information about vetoes, see CRSinformation about vetoes, see CRS
Report RS22188, Report RS22188,
Regular Vetoes and Pocket Vetoes: In Brief, by Meghan M. , by Meghan M.
Stuessy.Stuessy.
For more information about the different types of veto threats and their use in recent Administrations, see CRS For more information about the different types of veto threats and their use in recent Administrations, see CRS
Report R46338, Report R46338,
Veto Threats and Vetoes in the George W. Bush and Obam a Adm inistrations Bush and Obama Administrations, by Meghan M. Stuessy. , by Meghan M. Stuessy.
95 T his92 This section was section was
written by Ben Wilhelm, Analyst in Government Organization and Management. written by Ben Wilhelm, Analyst in Government Organization and Management.
9693 See See
OMB, “Office of Management and Budget,”OMB, “Office of Management and Budget,”
at https://www.whitehouse.gov/omb/. at https://www.whitehouse.gov/omb/.
9794 Executive Order 11030, “Preparation, Presentation, Filing, and Publication of Executive Orders and Proclamations,” Executive Order 11030, “Preparation, Presentation, Filing, and Publication of Executive Orders and Proclamations,”
2727
Federal Register 5847, June 19, 1962. 5847, June 19, 1962.
T heThe current iteration of the older version of the order, which has been current iteration of the older version of the order, which has been
amended by several subsequentamended by several subsequent
orders, can beorders, can be
found at 1 C.F.R. §19. found at 1 C.F.R. §19.
9895 1 C.F.R. 1 C.F.R.
§19.2. Executive orders approved by the OMB director are also submitted§19.2. Executive orders approved by the OMB director are also submitted
to the to the
Atto rneyAttorney General and the General and the
director of the Office the Federal Register for reviewdirector of the Office the Federal Register for review
prior to submissionprior to submission
to the President.to the President.
99
96 1 C.F.R. 1 C.F.R.
§19.4. 100 For a recent example, see Executive Order 13924, “Regulatory Relief to Support Economic Recovery,” 85 Federal
Register 31353, May 19, 2020. Section 8 of the executive order requires the director of OMB to “ monitor compliance with this order” and authorizes the director to “issue memoranda providing guidance on implementing this order, including by setting deadlines for the [required] reviews and reports.” 101 See OMB, “Implementation of Executive Order 13924,” M-20-25, June 9, 2020, at https://www.whitehouse.gov/
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§19.4.
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orders direct OMB to monitor the implementation of an order.97 To fulfill this duty, OMB may issue guidance memoranda to the heads of departments and agencies.98 Finally, OMB typically issues a Budgetary Impact Statement after the release of an executive order that provides the issues a Budgetary Impact Statement after the release of an executive order that provides the
Administration’s analysis of the projected budgetary impact of the executive order.Administration’s analysis of the projected budgetary impact of the executive order.
10210399100
Information and Regulatory Affairs104Affairs101
As noted earlier, OMB’s Office of Information and Regulatory Affairs As noted earlier, OMB’s Office of Information and Regulatory Affairs
(OIRA) was created by the was created by the
Paperwork Reduction Act Paperwork Reduction Act
(PRA), which President Jimmy Carter signed into law inof 1980. 1980.
105102 The The
PRA provided that the OIRA administrator would serve as the “principal advisor to the [OMB] PRA provided that the OIRA administrator would serve as the “principal advisor to the [OMB]
Director on Federal information policy.”Director on Federal information policy.”
106103 The OIRA administrator is appointed by the President The OIRA administrator is appointed by the President
and subject to Senate confirmation.and subject to Senate confirmation.
107104 Specific areas of responsibility assigned to the OMB Specific areas of responsibility assigned to the OMB
director under the PRA have been delegated to OIRA, including information resources director under the PRA have been delegated to OIRA, including information resources
management, review and approval of federal information collection and reduction of paperwork management, review and approval of federal information collection and reduction of paperwork
burden, agency dissemination of and public access to information, statistical policy and burden, agency dissemination of and public access to information, statistical policy and
coordination, records management, privacy, and the acquisition and use of information coordination, records management, privacy, and the acquisition and use of information
technology.technology.
108105 In addition to the specific statutory responsibilities listed in the PRA, OIRA has In addition to the specific statutory responsibilities listed in the PRA, OIRA has
substantial responsibilities and influence over federal agencies’ regulations under a centralized substantial responsibilities and influence over federal agencies’ regulations under a centralized
review process established through executive order. review process established through executive order.
OIRA Review of Regulations109Regulations106
OIRA’s most significant function may be its centralized review of federal regulations. Through
OIRA’s most significant function may be its centralized review of federal regulations. Through
this review, OIRA exerts considerable influence over the content of regulations, ensuring that this review, OIRA exerts considerable influence over the content of regulations, ensuring that
federal agencies’ actions are consistent with the President’s policy preferences.federal agencies’ actions are consistent with the President’s policy preferences.
110107
The current process for OIRA review of regulations was established in 1993 by President Clinton
The current process for OIRA review of regulations was established in 1993 by President Clinton
in E.O. 12866, which was largely based upon a process established by President Ronald Reagan in E.O. 12866, which was largely based upon a process established by President Ronald Reagan
in 1981.111 Under E.O. 12866, which remains in effect, covered agencies submit their wp-content/uploads/2020/06/M-20-25.pdf. 102 T his is also sometimes referred to as a Budgetary Impact Analysis. 103 For a list of Budget Impact Statements issued during the T rump Administration, see OMB, “Executive Order Budgetary
97 For a recent example, see Executive Order 13924, “Regulatory Relief to Support Economic Recovery,” 85 Federal Register 31353, May 19, 2020. Section 8 of the executive order requires the director of OMB to “monitor compliance with this order” and authorizes the director to “issue memoranda providing guidance on implementing this order, including by setting deadlines for the [required] reviews and reports.” 98 See OMB, “Implementation of Executive Order 13924,” M-20-25, June 9, 2020, at https://www.whitehouse.gov/wp-content/uploads/2020/06/M-20-25.pdf.
99 This is also sometimes referred to as a Budgetary Impact Analysis. 100 For a list of Budget Impact Statements issued during the Biden Administration, see OMB, “Executive Order Budgetary Impact Statements,” at https://www.whitehouse.gov/omb/information-for-agencies/executive-order-Impact Statements,” at https://www.whitehouse.gov/omb/information-for-agencies/executive-order-
budgetary-impactbudgetary-impact
-statements/. -statements/.
104 T his101 This introductory section was written by Maeve P. Carey, Specialist in Government Organization and Management. introductory section was written by Maeve P. Carey, Specialist in Government Organization and Management.
105 102 P.L. 96-511; December 11, 1980 (94 Stat. 2812). P.L. 96-511; December 11, 1980 (94 Stat. 2812).
T heThe PRA, as amended, is PRA, as amended, is
codified at 44 U.S.C.codified at 44 U.S.C.
Chapter 35. See Chapter 35. See
CRSCRS
Report RL32397, Report RL32397,
Federal Rulem akingRulemaking: The Role of the Office of Inform ationInformation and Regulatory Affairs, coordinated , coordinated
by Maeve P. Carey. by Maeve P. Carey.
106103 44 U.S.C. 44 U.S.C.
§3504(a)(1). §3504(a)(1).
T heThe PRA was reauthorized in 1986 (P.L. 99-500; 100 Stat. 1783-335) and 1995 (P.L. 104- PRA was reauthorized in 1986 (P.L. 99-500; 100 Stat. 1783-335) and 1995 (P.L. 104-
13; 109 Stat. 163), and the list of OIRA’s duties13; 109 Stat. 163), and the list of OIRA’s duties
changed somewhat. For example, the 1995 amendments increased the changed somewhat. For example, the 1995 amendments increased the
specificity of the managementspecificity of the management
-related provisions and changed “-related provisions and changed “
information policy” to “information resources information policy” to “information resources
managementmanagement
policy” (44 U.S.C. §3503(b)). policy” (44 U.S.C. §3503(b)).
107 T he
104 The OIRA administrator was OIRA administrator was
originally appointed by the director of OMB, but in the 1986 reauthorization, Congress originally appointed by the director of OMB, but in the 1986 reauthorization, Congress
amended the appointment provision to require Senate confirmation for the administrator (amended the appointment provision to require Senate confirmation for the administrator (
P.L. 99-500; 100 Stat. 1783-P.L. 99-500; 100 Stat. 1783-
336). 336).
108105 44 U.S.C. 44 U.S.C.
§3504. §3504.
109 T his106 This section was section was
written by Maeve P. Carey, Specialistwritten by Maeve P. Carey, Specialist
in Government Organization and Management. in Government Organization and Management.
110107 Information about regulations that have previously been, and are currently, under review Information about regulations that have previously been, and are currently, under review
at OIRA can beat OIRA can be
found on found on
OIRA’s websiteOIRA’s website
at https://www.reginfo.gov/public/do/eoPackageMain. at https://www.reginfo.gov/public/do/eoPackageMain. 111 Executive Order 12866, “Regulatory Planning and Review,” 58 Federal Register 51735, October 4, 1993. E.O. 12866 replaced E.O. 12291 (Executive Order 12291, “ Federal Regulation,” 46 Federal Register 13193, February 19, 1981), which was issued by President Reagan soon after OIRA was created. Although E.O. 12866 replaced President Reagan’s order, it left much of the centralized review process intact.
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in 1981.108 Under E.O. 12866, which remains in effect, covered agencies submit their “significant” proposed and final rules to OIRA for review prior to publication.“significant” proposed and final rules to OIRA for review prior to publication.
112109 OIRA reviews OIRA reviews
the content of each rule to ensure that it is consistent with the President’s policy preferences. In the content of each rule to ensure that it is consistent with the President’s policy preferences. In
addition, agencies must determine whether each rule is “addition, agencies must determine whether each rule is “
economical yeconomically significant” and, if it is, significant” and, if it is,
conduct a cost-benefit analysis of the rule, ensuring the benefits justify the costs of the rule.conduct a cost-benefit analysis of the rule, ensuring the benefits justify the costs of the rule.
113110 OIRA reviews these cost-benefit analyses to ensure they comply with OMB OIRA reviews these cost-benefit analyses to ensure they comply with OMB
Circular A-4, which , which
OMB issued in 2003 to instruct agencies on how to conduct cost-benefit analysis.OMB issued in 2003 to instruct agencies on how to conduct cost-benefit analysis.
114 Final y,
111 Finally, OIRA also coordinates an interagency review process, which may include sending a rule to other OIRA also coordinates an interagency review process, which may include sending a rule to other
parts of OMB, the EOP, or other federal agencies. parts of OMB, the EOP, or other federal agencies.
Although E.O. 12866 has remained in effect since 1993, and the process for OIRA review of
Although E.O. 12866 has remained in effect since 1993, and the process for OIRA review of
regulations has remained largely consistent across Administrations, subsequent Presidents have regulations has remained largely consistent across Administrations, subsequent Presidents have
sometimes added further requirements to the process established in the order. For example, sometimes added further requirements to the process established in the order. For example,
President Trumpthe Trump Administration issued E.O. 13771 in January 2017, issued E.O. 13771 in January 2017,
creatingwhich created a “one-in, two-out” requirement a “one-in, two-out” requirement
whereby agencies whereby agencies
arewere told they must offset the costs of new rules by eliminating equivalent costs told they must offset the costs of new rules by eliminating equivalent costs
associated with at least two previously issued rules.associated with at least two previously issued rules.
115112 When OIRA When OIRA
reviews reviewed rules under E.O. rules under E.O.
12866, it also 12866, it also
checkschecked whether agencies whether agencies
havehad followed this “one in, two out” policy. followed this “one in, two out” policy.
116113 President Biden then rescinded E.O. 13771 on January 20, 2021.114
OIRA Review of Information Collections117Collections115
Although OIRA
Although OIRA
may attempt to wield significant power under the centralized regulatory review may attempt to wield significant power under the centralized regulatory review
process described above, the primary function of OIRA, as established in the initialprocess described above, the primary function of OIRA, as established in the initial
version of the PRA, was to oversee and enforce government-wide efforts to reduce the paperwork burden on the
American public.118 To achieve that goal, the PRA tasked OMB and OIRA with reviewing and approving federal agencies’ collections of information—e.g., government surveys, tax forms, and
112 “Significant” rules version of the
108 Executive Order 12866, “Regulatory Planning and Review,” 58 Federal Register 51735, October 4, 1993. E.O. 12866 replaced E.O. 12291 (Executive Order 12291, “Federal Regulation,” 46 Federal Register 13193, February 19, 1981), which was issued by President Reagan soon after OIRA was created. Although E.O. 12866 replaced President Reagan’s order, it left much of the centralized review process intact. 109 “Significant” rules are those defined in section 3(f) of E.O. 12866 as the following: “Any regulatory action that is are those defined in section 3(f) of E.O. 12866 as the following: “Any regulatory action that is
likely to result in a rule that may (1) have an annual effect on the economy of $100 million or more or adversely affect likely to result in a rule that may (1) have an annual effect on the economy of $100 million or more or adversely affect
in a material wayin a material way
the economy, a sector of the economy, productivity, the economy, a sector of the economy, productivity,
co mpetitioncompetition, jobs, the environment, public health , jobs, the environment, public health
or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter the with an action taken or planned by another agency; (3) materially alter the
budgetar ybudgetary impact of entitlements, grants, impact of entitlements, grants,
useruser
fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues
arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive order.” Rules falling arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive order.” Rules falling
into category (1) above are consideredinto category (1) above are considered
“economically significant.” OIRA review and E.O. 12866’s requirement for “economically significant.” OIRA review and E.O. 12866’s requirement for
cost-benefit analysis do not currently apply to the statutorily designated “cost-benefit analysis do not currently apply to the statutorily designated “
independent regulatory agencies,” which independent regulatory agencies,” which
a reare listed at 44 U.S.C.listed at 44 U.S.C.
§3502(5)). For more information, see CRS§3502(5)). For more information, see CRS
Report R42821, Report R42821,
Independent Regulatory Agencies, Cost-
Benefit Analysis, and Presidential Review of Regulations, by Maeve P. Carey and Michelle D. Christensen. , by Maeve P. Carey and Michelle D. Christensen.
113110 In conducting these cost In conducting these cost
-benefit analyses, agencies follow guidance-benefit analyses, agencies follow guidance
issued by issued by OMB in 2003 (OMB, OMB in 2003 (OMB,
Circular A-4,
Regulatory Analysis, September 17, 2003). OMB has also issued, September 17, 2003). OMB has also issued
a number of guidancea number of guidance
documents on other aspects of documents on other aspects of
the federal rulemaking process. the federal rulemaking process.
T heseThese documents are available on OMB’s documents are available on OMB’s
website website at https://www.whitehouse.gov/omb/at https://www.whitehouse.gov/omb/
information-regulatory-affairs/regulatory-matters/. information-regulatory-affairs/regulatory-matters/.
114
111 OMB, OMB,
Circular A-4, Regulatory Analysis, September 17, 2003. OMB also has issued, September 17, 2003. OMB also has issued
a number of guidance a number of guidance
documents on other aspects of the federal rulemaking process. documents on other aspects of the federal rulemaking process.
T heseThese documents are available on OMB’s documents are available on OMB’s
website website at at
https://www.whitehouse.gov/omb/information-regulatory-affairs/regulatory-matters/. https://www.whitehouse.gov/omb/information-regulatory-affairs/regulatory-matters/.
115112 Executive Order 13771, “ Executive Order 13771, “
Reducing RegulationReducing Regulation
and Controlling Regulatory Costs,” 82 and Controlling Regulatory Costs,” 82
Federal Register 9339, 9339,
February 3, 2017. February 3, 2017.
116
113 OIRA issued OIRA issued
guidance guidance for implementing this E.O. in April 2017. Seefor implementing this E.O. in April 2017. See
OMB, “GuidanceOMB, “Guidance
Implementing Executive Implementing Executive
Order 13771, Order 13771,
T itledTitled ‘Reducing Regulation and Controlling Regulatory Costs,’” M-17-21, April 5, 2017, at ‘Reducing Regulation and Controlling Regulatory Costs,’” M-17-21, April 5, 2017, at
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf.
117 T his section was 114 Executive Order 13992, “Executive Order on Revocation of Certain Executive Orders Concerning Federal Regulation,” 86 Federal Register 7049, January 20, 2021.
115 This section was written by Maeve P. Carey, Specialistwritten by Maeve P. Carey, Specialist
in Government Organization and Management.
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PRA, was to oversee and enforce government-wide efforts to reduce the paperwork burden on the American public.116 To achieve that goal, the PRA tasked OMB and OIRA with reviewing and approving federal agencies’ collections of information—e.g., government surveys, tax forms, and in Government Organization and Management. 118 Paperwork burden refers to the time, effort, and financial resources expended to respond to federal information collections, regardless of whether the collection is mandatory (such as a tax form) or voluntary (such as an application for benefits).
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regulatory reporting requirements. The PRA applies to almost every executive agency and most regulatory reporting requirements. The PRA applies to almost every executive agency and most
federal information collections.federal information collections.
119 117
The PRA requires agencies to provide a 60-day public comment period and then submit an
The PRA requires agencies to provide a 60-day public comment period and then submit an
information collection request (ICR) for review and approval by OIRA.information collection request (ICR) for review and approval by OIRA.
120118 OIRA is then required OIRA is then required
to hold an additionalto hold an additional
30-day public comment period prior to its review of the ICR.30-day public comment period prior to its review of the ICR.
121119 In its In its
review, OIRA is required to consider a number of factors, such as whether the collection is review, OIRA is required to consider a number of factors, such as whether the collection is
necessary, minimizes the burden imposed by the collection, and maximizes the practical utility or necessary, minimizes the burden imposed by the collection, and maximizes the practical utility or
public benefit from the information collected.public benefit from the information collected.
122120 Once OIRA grants its approval, a control number Once OIRA grants its approval, a control number
is assigned to the collection and the agency may proceed with collecting the information.is assigned to the collection and the agency may proceed with collecting the information.
123121 OIRA OIRA
may grant approval for up to three years, after which the agency must undertake another approval may grant approval for up to three years, after which the agency must undertake another approval
process to renew the collection.process to renew the collection.
124122
Statistical Policy125Policy123
The PRA also requires OMB to coordinate the largely decentralized federal statistical system.
The PRA also requires OMB to coordinate the largely decentralized federal statistical system.
126124 It It
consists of 13 “principal statistical agencies” and three “recognized statistical units” whose consists of 13 “principal statistical agencies” and three “recognized statistical units” whose
“principal mission is to produce official Federal statistics.”“principal mission is to produce official Federal statistics.”
127125 According to OMB, there are also According to OMB, there are also
more than “100 other Federal programs in statistical activities spanning measurement, more than “100 other Federal programs in statistical activities spanning measurement,
information collection, statistical products, data management, and dissemination.”information collection, statistical products, data management, and dissemination.”
128 Under 44 U.S.C. §3504(e)(7), a chief statistician carries out related coordination activities. This official, who heads the Office of Statistical and Science Policy in OIRA, is responsible for ensuring that
budget proposals conform to “system-wide priorities; establishing standards and guidance for data collection and dissemination; assessing agency compliance with those standards;
119 44 U.S.C. §3502. 120 44 U.S.C. §§3506 and 3507. 121 44 U.S.C. §3507(b). 122 44 U.S.C. §3504. 123126 Under 44
116 Paperwork burden refers to the time, effort, and financial resources expended to respond to federal information collections, regardless of whether the collection is mandatory (such as a tax form) or voluntary (such as an application for benefits).
117 44 U.S.C. §3502. 118 44 U.S.C. §§3506 and 3507. 119 44 U.S.C. §3507(b). 120 44 U.S.C. §3504. 121 Failure to obtain OIRA approval for an active collection represents a violation of the PRA and triggers the PRA’s Failure to obtain OIRA approval for an active collection represents a violation of the PRA and triggers the PRA’s
publicpublic
protection provision (44 U.S.C. §3512). Under the PRA’s publicprotection provision (44 U.S.C. §3512). Under the PRA’s public
protection provision, an individual or entity protection provision, an individual or entity
may not be penalized for failing to comply with a collection of information subject to the act if the collection does not may not be penalized for failing to comply with a collection of information subject to the act if the collection does not
display a valid OMBdisplay a valid OMB
control number. control number.
124122 44 U.S.C. 44 U.S.C.
§3507(g). For a brief overview of the PRA, see Cass§3507(g). For a brief overview of the PRA, see Cass
R. Sunstein,R. Sunstein,
Administrator, Office of Information Administrator, Office of Information
and Regulatory Affairs, memorandum for the heads of executive departments and agencies, and independent regulatory and Regulatory Affairs, memorandum for the heads of executive departments and agencies, and independent regulatory
agencies, April 7, 2010, “Information Collection under the Paperwork Reduction Act,” at https://agencies, April 7, 2010, “Information Collection under the Paperwork Reduction Act,” at https://
www.whitehouseobamawhitehouse.archives.gov/.gov/
sites/whitehouse.govsites/default/files/omb/assets/inforeg/PRAPrimer_04072010.pdf. /files/omb/assets/inforeg/PRAPrimer_04072010.pdf.
125 T his section was written by Jennifer D. Williams, Specialist
123 For more information on this topic, contact Taylor R. Knoedl, Analyst in American National Government.in American National Government.
126 124 44 U.S.C. 44 U.S.C.
§3504(e). §3504(e).
127125 OMB, “Statistical Programs & Standards,” OMB, “Statistical Programs & Standards,”
at https://www.whitehouse.gov/omb/information-regulatory-affairs/at https://www.whitehouse.gov/omb/information-regulatory-affairs/
statistical-programs-standards/. statistical-programs-standards/.
T heThe principal agencies, with their executive branch locations, are Bureau principal agencies, with their executive branch locations, are Bureau
of the Census, of the Census,
Department of Commerce; Bureau of Economic Analysis, Department of Commerce; Bureau of JusticeDepartment of Commerce; Bureau of Economic Analysis, Department of Commerce; Bureau of Justice
Statistics, Statistics,
Department of Justice; BureauDepartment of Justice; Bureau
of Labor of Labor
Stat isticsStatistics, Department of Labor; Bureau of , Department of Labor; Bureau of
T ransportationTransportation Statistics, Statistics,
Department of Department of
T ransportationTransportation; Economic Research Service, Department of Agriculture; Energy Information Agency, ; Economic Research Service, Department of Agriculture; Energy Information Agency,
Department of Energy; National Agricultural Statistics Service,Department of Energy; National Agricultural Statistics Service,
Department of Agriculture; National Center for Department of Agriculture; National Center for
Education Statistics, Department of Education; National Center for Health Statistics, Department of Health and Human Education Statistics, Department of Education; National Center for Health Statistics, Department of Health and Human
Services;Services;
National Center for Science and Engineering Statistics, National ScienceNational Center for Science and Engineering Statistics, National Science
Foundation; Office of Foundation; Office of
Re searchResearch, ,
Evaluation, and Statistics, SocialEvaluation, and Statistics, Social
Security Administration; and Statistics of Income, Department of the Security Administration; and Statistics of Income, Department of the
T reasuryTreasury. See . See
OMB, OMB,
Statistical Program sPrograms of the United States Governm entGovernment, FY2018, pp. i and 6, at, FY2018, pp. i and 6, at
https://www.whitehouse.gov/https://www.whitehouse.gov/
omb/information-regulatory-affairs/statistical-programs-standards/. omb/information-regulatory-affairs/statistical-programs-standards/.
128126 OMB, “Statistical Programs & Standards,” OMB, “Statistical Programs & Standards,”
at https://www.whitehouse.gov/omb/information-regulatory-affairs/at https://www.whitehouse.gov/omb/information-regulatory-affairs/
statistical-programs-standards/. statistical-programs-standards/.
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U.S.C. §3504(e)(7), a chief statistician carries out related coordination activities. This official, who heads the Office of Statistical and Science Policy in OIRA, is responsible for ensuring that budget proposals conform to “system-wide priorities; establishing standards and guidance for data collection and dissemination; assessing agency compliance with those standards; coordinating interagency and international statistical activities; and reviewing Federal statistical coordinating interagency and international statistical activities; and reviewing Federal statistical
programs.”programs.”
129127 Other statutory provisions grant significant authority to the OMB director to Other statutory provisions grant significant authority to the OMB director to
influence interagency data sharing and potential warehousing for “statistical purposes.”influence interagency data sharing and potential warehousing for “statistical purposes.”
130128
Information Policy131Policy129
OIRA has issued guidance that leverages its authorities under 44 U.S.C. §3504 to provide
OIRA has issued guidance that leverages its authorities under 44 U.S.C. §3504 to provide
direction and oversight of the federal government’s records management activities, sharing of direction and oversight of the federal government’s records management activities, sharing of
information, and use of electronic information technology. OMB’s information, and use of electronic information technology. OMB’s
Circular A-130 requires requires
agencies to monitor and manage their information for privacy, confidentiality, and security risks, agencies to monitor and manage their information for privacy, confidentiality, and security risks,
but also for opportunities to increase interoperability, openness, and transparency throughout the but also for opportunities to increase interoperability, openness, and transparency throughout the
information’s information’s
life cycle. The circular defines the . The circular defines the
information life cycle as the stages of creation or as the stages of creation or
collection, processing, dissemination, use, storage, and disposition, to include destruction and collection, processing, dissemination, use, storage, and disposition, to include destruction and
deletion of the information.deletion of the information.
132130
Building
Building
on these authorities, in 2013, President Barack Obama issued E.O. 13642, which on these authorities, in 2013, President Barack Obama issued E.O. 13642, which
required OMB to create an Open Data Policy to advance the management of government required OMB to create an Open Data Policy to advance the management of government
information as an asset.information as an asset.
133131 Following the executive order, OMB issued Memorandum M-13-13 to Following the executive order, OMB issued Memorandum M-13-13 to
encourage agencies to manage datasets contained in information systems in a way that improves encourage agencies to manage datasets contained in information systems in a way that improves
the discoverability and usability of those datasets while weighing the value of openness against the discoverability and usability of those datasets while weighing the value of openness against
the cost of making those data public.the cost of making those data public.
134 Across the executive branch, M-13-13 tasks the Federal Across the executive branch, M-13-13 tasks the Federal
Chief Information Officer (i.e., Administrator of E-Gov), the U.S. Chief Technology Officer, and Chief Information Officer (i.e., Administrator of E-Gov), the U.S. Chief Technology Officer, and
administrator of OIRA to improve the interoperability and openness of government administrator of OIRA to improve the interoperability and openness of government
information.information.
135132 Portions of these administrative directives were enacted into law in 2019, in the Portions of these administrative directives were enacted into law in 2019, in the
Open, Public, Electronic, and Necessary (OPEN) Government Data Act.Open, Public, Electronic, and Necessary (OPEN) Government Data Act.
136133
Mission-Support Areas and Management Initiatives
OMB has responsibility for overseeing multiple aspects of the management of agencies in the OMB has responsibility for overseeing multiple aspects of the management of agencies in the
executive branch. Among other things, OMB’s DDM is charged with executive branch. Among other things, OMB’s DDM is charged with
overal responsibility for general management policies in the executive branch, including issues within the purview of
OMB’s statutory offices, plus human resources management. The statutory offices also develop
129 Ibid. overall responsibility for
127 Ibid. For the underlying statutory provisions, see 44 U.S.C. §3504(e). For the underlying statutory provisions, see 44 U.S.C. §3504(e).
130 T itle128 Title III of the Foundations for Evidence-Based Policymaking Act III of the Foundations for Evidence-Based Policymaking Act
of 2018 (P.L. 115-435; 132 Stat. 5529, at 5544), of 2018 (P.L. 115-435; 132 Stat. 5529, at 5544),
the Confidential Information Protection and Statistical Efficiency Act of the Confidential Information Protection and Statistical Efficiency Act of
20 182018 (CIPSEA). See (CIPSEA). See
T itle Title 44, 44,
U.S. Code, ,
Chapter 35, Subchapter III, includingChapter 35, Subchapter III, including
44 U.S.C.44 U.S.C.
§§3561 (“Definitions”) and 3562 (“Coordination and oversight of §§3561 (“Definitions”) and 3562 (“Coordination and oversight of
policies”).policies”).
131 T his 129 This section was section was
written by Meghan M. Stuessy,written by Meghan M. Stuessy,
Analyst in Government Organization and Management. Analyst in Government Organization and Management.
132130 OMB, OMB,
Circular No. A-130: Managing Information as a Strategic Resource,,
JulyJuly
2016, p. 29, at 2016, p. 29, at
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A130/a130revised.pdf. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A130/a130revised.pdf.
133131 Executive Order 13642, “Making Open and Machine Readable Executive Order 13642, “Making Open and Machine Readable
the Newthe New
Default for Government Information,”Default for Government Information,”
78 78
Federal Register 28111, May 9, 2013. 28111, May 9, 2013.
T heThe Executive Order prescribes that the Open Data Policy be consistent with Executive Order prescribes that the Open Data Policy be consistent with
OMB Memorandum M-10-06 (Open Government Directive), OMB and National Archives andOMB Memorandum M-10-06 (Open Government Directive), OMB and National Archives and
Records Administration Records Administration
Memorandum M-12-18 (Managing Government Records Directive), the Office of ScienceMemorandum M-12-18 (Managing Government Records Directive), the Office of Science
and T echnology and Technology Policy Policy
Memorandum of February 22, 2013 (Increasing Access to the Results of Federally FundedMemorandum of February 22, 2013 (Increasing Access to the Results of Federally Funded
Scientific Research), and the Scientific Research), and the
CIO’s strategy entitled “Digital Government: BuildingCIO’s strategy entitled “Digital Government: Building
a 21st Century Platform to Better Serve the American People.” a 21st Century Platform to Better Serve the American People.”
134132 OMB, “Open Data Policy—Managing Information as an Asset,” M-13-13, May 9, 2013, p. 6, at OMB, “Open Data Policy—Managing Information as an Asset,” M-13-13, May 9, 2013, p. 6, at
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2013/m-13-13.pdf. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2013/m-13-13.pdf.
135 Ibid. 136 T itle133 Title II of the Foundations for Evidence-Based Policymaking Act II of the Foundations for Evidence-Based Policymaking Act
of 2018 (P.L. 115-435; 132 Stat. 5529, at 5534). of 2018 (P.L. 115-435; 132 Stat. 5529, at 5534).
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general management policies in the executive branch, including issues within the purview of OMB’s statutory offices, plus human resources management. The statutory offices also develop policy and coordinate implementation in the mission-support areas of procurement policy policy and coordinate implementation in the mission-support areas of procurement policy
(OFPP), financial management (OFFM), and information policy and technology (OIRA and E-(OFPP), financial management (OFFM), and information policy and technology (OIRA and E-
Gov, respectively). The statutory offices work with OMB’s RMOs, which are tasked with Gov, respectively). The statutory offices work with OMB’s RMOs, which are tasked with
integrating budget, policy, and management issues for specific agencies in cooperation with the integrating budget, policy, and management issues for specific agencies in cooperation with the
statutory offices. statutory offices.
Office of Federal Procurement Policy (OFPP)137134
Headed by the administrator for federal procurement policy, OFPP is responsible for (1)
Headed by the administrator for federal procurement policy, OFPP is responsible for (1)
providing “providing “
overal overall direction of Government-wide procurement policies, regulations, procedures, direction of Government-wide procurement policies, regulations, procedures,
and forms” for executive branch agencies and (2) promoting “economy, efficiency, and and forms” for executive branch agencies and (2) promoting “economy, efficiency, and
effectiveness” in executive branch procurements.effectiveness” in executive branch procurements.
138135 Among numerous other functions, OFPP Among numerous other functions, OFPP
provides leadership in maintaining the provides leadership in maintaining the
Federal Acquisition Regulation (FAR), (FAR),
139136 the executive the executive
branch-wide procurement regulation, and provides for and directs the Federal Procurement Data branch-wide procurement regulation, and provides for and directs the Federal Procurement Data
System-Next Generation (FPDS-NG or FPDS), which is maintained by GSA.System-Next Generation (FPDS-NG or FPDS), which is maintained by GSA.
140137 OFPP is also OFPP is also
responsible for directing the Federal Acquisition Institute (FAI) and developing policies for responsible for directing the Federal Acquisition Institute (FAI) and developing policies for
smal small--
business contracting. FAI is responsible for developing “a high-performing, qualified civilian business contracting. FAI is responsible for developing “a high-performing, qualified civilian
acquisition workforce.”acquisition workforce.”
141138 In consultation with the head of the In consultation with the head of the
Smal Small Business Administration Business Administration
(SBA), OFPP develops policies designed to help ensure that (SBA), OFPP develops policies designed to help ensure that
smal small businesses, businesses,
general ygenerally, and , and
certain types of certain types of
smal small businesses (e.g., women-owned businesses (e.g., women-owned
smal small businesses) “are provided with the businesses) “are provided with the
maximum practicable opportunities to participate in procurements” that are below the simplified maximum practicable opportunities to participate in procurements” that are below the simplified
acquisition threshold.acquisition threshold.
142139
Office of Federal Financial Management (OFFM)143140
The Chief Financial Officers Act of 1990 (CFO Act) established OFFM within OMB to centralize
The Chief Financial Officers Act of 1990 (CFO Act) established OFFM within OMB to centralize
the development and implementation of financial management policies among executive branch the development and implementation of financial management policies among executive branch
agencies.agencies.
144141 OFFM is headed by a controller, a political OFFM is headed by a controller, a political
appointee who reports directly to the appointee who reports directly to the
DDM.DDM.
145142 The CFO Act also established the CFO Council—a consultative body led by the OFFM The CFO Act also established the CFO Council—a consultative body led by the OFFM
controller on behalf of the DDM—which provides the perspectives of agencies to OMB and controller on behalf of the DDM—which provides the perspectives of agencies to OMB and
assists OFFM with the drafting of some financial management policies.assists OFFM with the drafting of some financial management policies.
146143 OFFM promulgates OFFM promulgates
final policies via OMBfinal policies via OMB
circulars.144
134 This topic is covered by Dominick A. Fiorentino, Analyst in Government Organization and Management. 135 41 U.S.C. §1101(b). 136 The FAR consists of Parts 1-53 of Titlecirculars.147
137 T his section was written by L. Elaine Halchin, Specialist in American National Government. 138 41 U.S.C. §1101(b). 139 T he FAR consists of Parts 1-53 of T itle 48 of the 48 of the
Code of Federal Regulations (CFR). (CFR).
140137 FPDS FPDS
is a federal government database. Executive branch agencies are requiredis a federal government database. Executive branch agencies are required
to submit data regarding to submit data regarding
unclassifiedunclassified
contract actions whose value is greater than a certain dollar amount to FPDS (48 CFRcontract actions whose value is greater than a certain dollar amount to FPDS (48 CFR
§4.606(a)).§4.606(a)).
141
138 Federal Acquisition Federal Acquisition
Institute, “Our Mission,” at https://www.fai.gov/about/our-mission. Institute, “Our Mission,” at https://www.fai.gov/about/our-mission.
142139 41 U.S.C. 41 U.S.C.
§1122(a)(1), (4), (5), and (11). §1122(a)(1), (4), (5), and (11).
143 T his140 This section was section was
written by Dominick Fiorentino, Analyst in Government Organization and Management.written by Dominick Fiorentino, Analyst in Government Organization and Management.
144 141 P.L. 101-576, 104 Stat. 2838. See CRS P.L. 101-576, 104 Stat. 2838. See CRS
Insight IN11495, Insight IN11495,
The Chief Financial Officers (CFO) Act of 1990: 30th
Anniversary and Potential Issues for Congress, by Dominick A. Fiorentino and Clinton T, by Dominick A. Fiorentino and Clinton T
. Brass. . Brass.
145
142 31 U.S.C. 31 U.S.C.
§504. See§504. See
CRS CRS In FocusIn Focus
IF11620, IF11620,
The Office of Federal Financial Management: An Overview, by , by
Dominick A. Fiorentino. Dominick A. Fiorentino.
146143 31 U.S.C. 31 U.S.C.
§901 note. 147 Office of Management and Budget, §901 note. 144 OMB, “Office of Management and Budget“Office of Management and Budget
Office of Federal Financial Management,” Office of Federal Financial Management,”
at https://www.whitehouse.gov/omb/management/office-federal-financial-management/. at https://www.whitehouse.gov/omb/management/office-federal-financial-management/.
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Additional y, Additionally, agencies must submit their annual audit reports—agencies must submit their annual audit reports—
typical ytypically included in Performance included in Performance
and Accountability Reports or Agency Financial Reports—to OFFM.and Accountability Reports or Agency Financial Reports—to OFFM.
148145 OFFM reviews these OFFM reviews these
reports to verify they contain the required information under reports to verify they contain the required information under
Circular A-136 and compiles the and compiles the
material weaknesses described in the audit reports. A provision material weaknesses described in the audit reports. A provision
original y originally enacted in the CFO Act enacted in the CFO Act
also requires OMB to also requires OMB to
annual y annually submit to Congress a revised government-wide five-year plan submit to Congress a revised government-wide five-year plan
describing how the OMB director, the DDM, the OFFM controller, and agency CFOs describing how the OMB director, the DDM, the OFFM controller, and agency CFOs
wil
will improve federal financial management.improve federal financial management.
149146 Since 2009, OMB has ceased publishing a unified Since 2009, OMB has ceased publishing a unified
document covering the statutory requirements, and it is unclear to CRS where the required document covering the statutory requirements, and it is unclear to CRS where the required
components may be found.components may be found.
150147
Office of Electronic Government (E-Gov)151148
The E-Government Act of 2002 (E-Gov Act) established the Office of Electronic Government.
The E-Government Act of 2002 (E-Gov Act) established the Office of Electronic Government.
152
149 OMB refers to it as the Office of E-Government and Information Technology, or E-Gov.OMB refers to it as the Office of E-Government and Information Technology, or E-Gov.
153150 The The
administrator of E-Gov is administrator of E-Gov is
presidential y presidentially appointed and is responsible for, among other things, appointed and is responsible for, among other things,
providing providing
overal overall leadership for the executive branch on electronic government and setting IT leadership for the executive branch on electronic government and setting IT
standards and guidelines for executive branch agencies.standards and guidelines for executive branch agencies.
154151 By law, the E-Gov administrator leads By law, the E-Gov administrator leads
the activities of the Chief Information Officers (CIO) Council—also established by the E-Gov the activities of the Chief Information Officers (CIO) Council—also established by the E-Gov
Act—on behalf of OMB’s DDM.Act—on behalf of OMB’s DDM.
155152 The CIO Council has several statutory responsibilities, The CIO Council has several statutory responsibilities,
including dissemination of IT best practices among executive agencies. E-Gov must including dissemination of IT best practices among executive agencies. E-Gov must
annual y
annually submit a report to Congress covering the implementation of E-Gov Act provisions.submit a report to Congress covering the implementation of E-Gov Act provisions.
156 153
Subsequent legislation, namely the Federal Information Security Modernization Act (FISMA) of
Subsequent legislation, namely the Federal Information Security Modernization Act (FISMA) of
2014 and the Federal Information Technology Acquisition Reform Act (FITARA),2014 and the Federal Information Technology Acquisition Reform Act (FITARA),
157154 imposed imposed
additional reporting requirements including, but not limitedadditional reporting requirements including, but not limited
to, annual reviews of the technology to, annual reviews of the technology
148
145 31 U.S.C. 31 U.S.C.
§3521(f). §3521(f).
149146 31 U.S.C. 31 U.S.C.
§3512(a). 150 U.S. Government Accountability Office, §3512(a). 147 GAO, Federal Financial Management: Substantial Progress Made since the CFO Federal Financial Management: Substantial Progress Made since the CFO
Act of 1990 and Preliminary Observations on Opportunities for Enhancement, GAO-20-203T, October 30, 2019, p. 2, Act of 1990 and Preliminary Observations on Opportunities for Enhancement, GAO-20-203T, October 30, 2019, p. 2,
at https://www.gao.gov/assets/710/702414.pdf. at https://www.gao.gov/assets/710/702414.pdf.
151 T his
148 This section was section was
written by Dominick Fiorentino, Analyst in written by Dominick Fiorentino, Analyst in
Gov ernmentGovernment Organization and Management. Organization and Management.
152149 P.L. 107-347, December 17, 2002 (116 Stat. 2899, at 2902). Relevant provisions are codified at 44 U.S.C. P.L. 107-347, December 17, 2002 (116 Stat. 2899, at 2902). Relevant provisions are codified at 44 U.S.C.
3602 (see 3602 (see
https://www.congress.gov/107/plaws/publ347/PLAW-107publ347.pdf). Prior to this law’s enactment, OIRA had a https://www.congress.gov/107/plaws/publ347/PLAW-107publ347.pdf). Prior to this law’s enactment, OIRA had a
branch that focused on both information policy and information technology issues. Sometime after the E-Government branch that focused on both information policy and information technology issues. Sometime after the E-Government
Act became law,Act became law,
the name of this OIRA branch dropped “information technology” from its name and became the the name of this OIRA branch dropped “information technology” from its name and became the
Information Policy Branch. Information Policy Branch.
153
150 OMB, “Office of Management and Budget OMB, “Office of Management and Budget
Office of E-Government & Information Office of E-Government & Information
T echnologyTechnology,” at ,” at
https://www.whitehouse.gov/omb/management/egov/. https://www.whitehouse.gov/omb/management/egov/.
154151 44 U.S.C. 44 U.S.C.
§3602. §3602.
155152 44 U.S.C. 44 U.S.C.
§3603. §3603.
156153 44 U.S.C. 44 U.S.C.
§3606. CRS§3606. CRS
was unable was unable to locate instances of the report on OMB’s website beyond the FY2016 version, to locate instances of the report on OMB’s website beyond the FY2016 version,
see https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/egov/documents/omb-fy-2016-egov-act-report.pdf. see https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/egov/documents/omb-fy-2016-egov-act-report.pdf.
157154 FISMA: FISMA:
P.L. 113-283, Federal Information Security Modernization Act of 2014P.L. 113-283, Federal Information Security Modernization Act of 2014
,; 128 Stat. 3073, at 128 Stat. 3073, at
https://www.congress.gov/113/plaws/publ283/PLAW-113publ283.pdfhttps://www.congress.gov/113/plaws/publ283/PLAW-113publ283.pdf
; FIT ARA: See . FITARA: See P.L. 113-291, the Carl Levin and P.L. 113-291, the Carl Levin and
HowardHoward
P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, Division A, P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, Division A,
T itleTitle VIII, Subtitle VIII, Subtitle
D, “Federal Information D, “Federal Information
T echnologyTechnology Acquisition Reform,” 128 Stat. 3292, at 3438, at https://www.congress.gov/113/ Acquisition Reform,” 128 Stat. 3292, at 3438, at https://www.congress.gov/113/
plaws/publ291/PLAW-113publ291.pdf#page=148. plaws/publ291/PLAW-113publ291.pdf#page=148.
T hisThis subtitle of the act subtitle of the act
—which practitioners generally refer to as the —which practitioners generally refer to as the
FederalFederal
Information T echnology Information Technology Acquisition Reform Act Acquisition Reform Act
—was named after earlier, stand-alone versions of the —was named after earlier, stand-alone versions of the
legislation (e.g., H.R. 1232, 113th Cong.). legislation (e.g., H.R. 1232, 113th Cong.).
T hisThis law covers IT law covers IT
acquisition and investment management at acquisition and investment management at
lar gelarge executive branch agencies. executive branch agencies.
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portfolio of executive branch agencies,
portfolio of executive branch agencies,
158155 and reporting on the status of federal cybersecurity. and reporting on the status of federal cybersecurity.
159156 OMB also uses ITOR funding to support several IT initiatives including, but not limited to, the IT OMB also uses ITOR funding to support several IT initiatives including, but not limited to, the IT
policy-making and technology investment oversight activities of E-Gov.policy-making and technology investment oversight activities of E-Gov.
160157 To implement these To implement these
statutory requirements, E-Gov helps to develop OMB memoranda, circulars, and strategy statutory requirements, E-Gov helps to develop OMB memoranda, circulars, and strategy
documents guiding executive branch agencies on information security, IT standards, IT workforce documents guiding executive branch agencies on information security, IT standards, IT workforce
planning, and IT capital planning, among other topics.planning, and IT capital planning, among other topics.
161158
OMB Roles in Federal Personnel Policy
The DDM and the OMB director have various responsibilities that are associated with general
The DDM and the OMB director have various responsibilities that are associated with general
government management and human resources management (HRM) in the federal government. government management and human resources management (HRM) in the federal government.
With the OMB director’s direction and approval, the DDM is to establish general management With the OMB director’s direction and approval, the DDM is to establish general management
policies for executive agencies and perform the director’s functions that are related to HRM.policies for executive agencies and perform the director’s functions that are related to HRM.
162
159 The DDM is also required to facilitate congressional and executive branch actions to improve The DDM is also required to facilitate congressional and executive branch actions to improve
federal government operations and administration and advise agencies on the qualifications, federal government operations and administration and advise agencies on the qualifications,
recruitment, performance, and retention of federal managers.recruitment, performance, and retention of federal managers.
163160 The DDM is the chairperson of The DDM is the chairperson of
the President’s Management Council whose functions include “improving the President’s Management Council whose functions include “improving
overal overall executive branch management.”161executive branch management.”164 A Cross-Agency Priority Goal under the Trump Administration’s
“President’s Management Agenda” coordinates and tracks implementation on “Developing a Workforce for the 21st Century.”165 The DDM is also the vice chairperson of the Chief Human The DDM is also the vice chairperson of the Chief Human
Capital Officers Council which advises and coordinates federal agency activities on modernizing Capital Officers Council which advises and coordinates federal agency activities on modernizing
human resources systems, improving the quality of human resources information, and suggesting human resources systems, improving the quality of human resources information, and suggesting
legislationlegislation
on human resources operations and organizations.on human resources operations and organizations.
166162 In some contingency situations, In some contingency situations,
OMB may address federal personnel issues. For example, in the wake of the OMB may address federal personnel issues. For example, in the wake of the
Coronavirus Disease 2019 (COVID-19) COVID-19 pandemic, the OMB director, separately and jointly with the OPM director, pandemic, the OMB director, separately and jointly with the OPM director,
issued memoranda providing guidance to executive agencies on conducting government issued memoranda providing guidance to executive agencies on conducting government
operations.operations.
167163 OMB also provides extensive guidance to agencies in the event of a government OMB also provides extensive guidance to agencies in the event of a government
shutdown.168
158 40 U.S.C. §11319. 159 44 U.S.C. §3553. 160 EOP, Congressional Budget Submission: Fiscal Year 2020, p. 85. 161 OMB, “Office of Management and Budget Office of E-Government & Information T echnology,” at https://www.whitehouse.gov/omb/management/egov/#A1.
162 31 U.S.C. §503(b)(2)(F). 163 31 U.S.C. §503(b)(3), (4), and (9). 164shutdown.164
In addition, OMB plays a significant role in federal employee pay. The OMB director, the Secretary of Labor, and the director of OPM comprise the President’s Pay Agent, which has a significant role in setting and adjusting General Schedule (GS) pay. The Pay Agent receives the annual report of the Federal Salary Council and submits an annual report to the President with
155 40 U.S.C. §11319. 156 44 U.S.C. §3553. 157 EOP, Congressional Budget Submission: Fiscal Year 2024, p. ITOR-3. 158 OMB, “Office of Management and Budget Office of E-Government & Information Technology,” at https://www.whitehouse.gov/omb/management/egov/#A1.
159 31 U.S.C. §503(b)(2)(F). 160 31 U.S.C. §503(b)(3), (4), and (9). 161 A memorandum titled, “Implementing Government Reform,” issued by President George W. Bush A memorandum titled, “Implementing Government Reform,” issued by President George W. Bush
on July 11, 2001, on July 11, 2001,
establishedestablished
the President’s Management Council. the President’s Management Council.
T heThe memorandum can be found at 31 U.S.C. memorandum can be found at 31 U.S.C.
§501 note. 162§501 note. 165 Information on this Cross-Agency Priority Goal is at https://www.performance.gov/CAP/workforce/. 166 P.L. 107-296; November 25, 2002, 116 Stat. 2135, established the Chief Human Capital Officers Council. P.L. 107-296; November 25, 2002, 116 Stat. 2135, established the Chief Human Capital Officers Council.
T heThe council is authorized at 5 U.S.C.council is authorized at 5 U.S.C.
§1401 note. §1401 note.
167 See
163 See OMB, Memorandum for the Heads of Departments and Agencies, From RussellOMB, Memorandum for the Heads of Departments and Agencies, From Russell
T T. Vought, Acting Director, . Vought, Acting Director,
“Federal Agency Operational Alignment to Slow“Federal Agency Operational Alignment to Slow
the Spread of Coronavirus COVID-19,” M-20-16, March 17, 2020, at the Spread of Coronavirus COVID-19,” M-20-16, March 17, 2020, at
https://www.whitehouse.gov/wp-content/uploads/2020/03/M-20-16.pdf. OMB and OPM, Memorandum for Headshttps://www.whitehouse.gov/wp-content/uploads/2020/03/M-20-16.pdf. OMB and OPM, Memorandum for Heads
of of
Executive Departments and Agencies, From RussellExecutive Departments and Agencies, From Russell
T T. Vought, Acting . Vought, Acting
Direct orDirector, OMB, and Michael J. Rigas,, OMB, and Michael J. Rigas,
Acting Acting
Director, OPM, “Aligning Federal Agency Operations with the National GuidelinesDirector, OPM, “Aligning Federal Agency Operations with the National Guidelines
for Opening Up America Again,” for Opening Up America Again,”
M-20-23, April 20, 2020, at https://www.whitehouse.gov/wp-content/uploads/2020/04/M-20-23.pdf. M-20-23, April 20, 2020, at https://www.whitehouse.gov/wp-content/uploads/2020/04/M-20-23.pdf.
168 See CRS 164 See CRS Report RL34680, Report RL34680,
Shutdown of the Federal Government: Causes, Processes, and Effects, coordinated by , coordinated by
Clinton TClinton T
. Brass. . Brass.
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In addition, OMB plays a significant role in federal employee pay. The OMB director, the Secretary of Labor, and the director of OPM comprise the President’s Pay Agent, which has a significant role in setting and adjusting General Schedule (GS) pay. The Pay Agent receives the annual report of the Federal Salary Council and submits an annual report to the President with recommendations on GS pay adjustment, locality pay areas, and the methodology underlying recommendations on GS pay adjustment, locality pay areas, and the methodology underlying
surveys on locality pay.surveys on locality pay.
169 165
Management Reform and Government Performance Efforts170Efforts166
In recent decades, OMB also has led the development of the President’s agenda for executive
In recent decades, OMB also has led the development of the President’s agenda for executive
branch management reform initiatives.branch management reform initiatives.
171167 Subject to the approval and direction of the OMB Subject to the approval and direction of the OMB
director, the DDM is statutorily charged with leading such efforts.director, the DDM is statutorily charged with leading such efforts.
172168 During the George W. Bush During the George W. Bush
Administration, OMB led the development and implementation of the President’s Management Administration, OMB led the development and implementation of the President’s Management
Agenda, a package of initiatives intended to address management of federal personnel, Agenda, a package of initiatives intended to address management of federal personnel,
procurement, financial management, information technology, and linkage of budgeting and procurement, financial management, information technology, and linkage of budgeting and
performance.performance.
173169 Under President Obama, OMB developed and implemented a range of Under President Obama, OMB developed and implemented a range of
government-wide management efforts. Most often these initiatives were rolled out government-wide management efforts. Most often these initiatives were rolled out
individual y individually on on
an incremental basis,an incremental basis,
174170 but sometimes they were presented under a common “President’s but sometimes they were presented under a common “President’s
Management Agenda” framework.Management Agenda” framework.
175171 The Trump Administration’s version of the President’s Management Agenda articulated government-wide priorities for the management of information technology, data transparency, and federal workforce development.172 More recently, OMB released the More recently, OMB released the
TrumpBiden Administration’s Administration’s
version of the President’s Management Agenda, which articulated government-wide priorities for version of the President’s Management Agenda, which articulated government-wide priorities for
the management of information technology, data transparency, and federal workforce development.176 This was followed by a separate, but related, government reform and
169 5 U.S.C. §5304(d). 170 T his section was written by Henry B. Hogue, Specialist in American National Government, and Clinton T . Brass, Specialist in Government Organization and Management. 171 Historically, Presidents have also used the management of federal workforce development, improving federal services and customer experience, and managing the business of government.173
OMB also has focused on the performance of executive agencies in pursuing their statutory missions and exercising discretion under law. Many of these initiatives have potential
165 5 U.S.C. §5304(d). 166 This section was written by Henry B. Hogue, Specialist in American National Government, and Clinton T. Brass, Specialist in Government Organization and Management.
167 Historically, Presidents have also used other mechanisms for developing and advancing government reform other mechanisms for developing and advancing government reform
initiatives. See Ronald C. Moe, initiatives. See Ronald C. Moe,
Adm inistrativeAdministrative Renewal: Reorganization Com m issionsCommissions in the 20 th20th Century (Lanham: (Lanham:
University Press of America, 2003); and Peri E. Arnold, University Press of America, 2003); and Peri E. Arnold,
Making the Managerial Presidency: Com prehensiveComprehensive
Reorganization Planning, 1905-1996 (Princeton: Princeton University, 1998). (Princeton: Princeton University, 1998).
172168 31 U.S.C. 31 U.S.C.
§503. §503.
T heThe DDM is to carry out the OMB Director’s functions that pertain to “organizational studies, DDM is to carry out the OMB Director’s functions that pertain to “organizational studies,
lon glong--
range planning ... productivity improvement, and experimentation and demonstration programs.” range planning ... productivity improvement, and experimentation and demonstration programs.”
T heyThey are further are further
directed to “[f]acilitate actions by the Congress and the executive branch to improve the management of Federal directed to “[f]acilitate actions by the Congress and the executive branch to improve the management of Federal
Government operations and to remove impediments to effective administration [and to] [p]rovide leadership in Government operations and to remove impediments to effective administration [and to] [p]rovide leadership in
management innovation.” management innovation.”
173169 For a copy of the plan, see “President’s Management Agenda,” archived White House website For a copy of the plan, see “President’s Management Agenda,” archived White House website
from the presidency from the presidency
of Georgeof George
W. Bush,W. Bush,
at https://georgewbush-whitehouse.archives.gov/omb/budintegration/pma_index.html. at https://georgewbush-whitehouse.archives.gov/omb/budintegration/pma_index.html.
174170 CRS CRS
Congressional Distribution Memorandum, Congressional Distribution Memorandum,
Obama Administration Agenda for Government Performance:
Evolution and Related Issues for Congress, January 19, 2011, by Clinton T, January 19, 2011, by Clinton T
. Brass (available to congressional clients . Brass (available to congressional clients
upon request). upon request).
175
171 See, See,
for example, OMB, for example, OMB,
Management Agenda Priorities for the FY2016 Budget, M-14-12, July 18, 2014, at , M-14-12, July 18, 2014, at
https://www.whitehouse.gov/omb/information-for-agencies/memoranda/#memoranda-2014. “https://www.whitehouse.gov/omb/information-for-agencies/memoranda/#memoranda-2014. “
The PresidentThe President
’s ’s
Management Agenda seeksManagement Agenda seeks
to improve the way that to improve the way that
Gov ernmentGovernment works and delivers for citizens. It is guided works and delivers for citizens. It is guided
by four by four
pillars: efficiency, effectiveness, economic growth, and people and culture. pillars: efficiency, effectiveness, economic growth, and people and culture.
T heThe Management Agenda is Management Agenda is
being being executed executed
through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars (p. 1).” through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars (p. 1).”
T heThe eight eight
goalsgoals
pertained to customer service, smarter information technology delivery, strategic sourcing, sharedpertained to customer service, smarter information technology delivery, strategic sourcing, shared
services, services,
benchmarking, open data, transfer of new federallybenchmarking, open data, transfer of new federally
-funded-funded
technology to the private sector, and technology to the private sector, and
workfo rceworkforce development (p. 8). development (p. 8).
176172 OMB, OMB,
President’s Management Agenda: Modernizing Government for the 21 st21st Century, Washington, 2018, at , Washington, 2018, at
https://www.whitehouse.gov/omb/management/pma/. https://www.whitehouse.gov/omb/management/pma/.
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reorganization plan that was intended to address executive branch agency mission alignment,
service delivery, and effective use of public funds.177
OMB also has focused on the performance of executive agencies in pursuing their statutory
missions and exercising discretion under law. Many of these initiatives have potential 173 OMB, The Biden-Harris Management Agenda Vision: Toward an Equitable, Effective, and Accountable Government that Delivers Results for All, 2021, at https://www.performance.gov/pma/.
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implications for the generation, perceived usefulness, and use of information by a variety of implications for the generation, perceived usefulness, and use of information by a variety of
stakeholders in support of learning and informed policy deliberations. Some efforts relate stakeholders in support of learning and informed policy deliberations. Some efforts relate
primarily to implementation of the Government Performance and Results Act of 1993 (GPRA), as primarily to implementation of the Government Performance and Results Act of 1993 (GPRA), as
modified by subsequent legislation (e.g., GPRA Modernization Act of 2010).modified by subsequent legislation (e.g., GPRA Modernization Act of 2010).
178174 These statutory These statutory
provisions require agencies to, among other things, articulate mission statements, goals, and provisions require agencies to, among other things, articulate mission statements, goals, and
performance measures. Agencies are required to develop these items under their relevant performance measures. Agencies are required to develop these items under their relevant
authorizing statutes in consultation with Congress and nonfederal stakeholders, albeit in policy authorizing statutes in consultation with Congress and nonfederal stakeholders, albeit in policy
processes that processes that
historical yhistorically have been driven by presidential priorities. Other efforts have related to have been driven by presidential priorities. Other efforts have related to
analyticalanalytical
methods. For example, OMB had led implementation of administratively driven efforts methods. For example, OMB had led implementation of administratively driven efforts
to address government performance, such as the George W. Bush Administration’s Program to address government performance, such as the George W. Bush Administration’s Program
Assessment Rating Tool and the Obama Administration’s varied initiatives.Assessment Rating Tool and the Obama Administration’s varied initiatives.
179175 These efforts These efforts
especial yespecially emphasized certain evaluation methods above others, which at times generated both emphasized certain evaluation methods above others, which at times generated both
support and controversy.support and controversy.
180176 More recently, with enactment of the Foundations for Evidence-Based More recently, with enactment of the Foundations for Evidence-Based
Policymaking Act of 2018,Policymaking Act of 2018,
181177 OMB may be taking a broader view of analytical and evaluation OMB may be taking a broader view of analytical and evaluation
methods as agencies develop “learning agendas.”methods as agencies develop “learning agendas.”
182178
Potential Issues for Congress
This report surveys multiple perspectives on OMB: a capsule history, selected aspects of OMB as This report surveys multiple perspectives on OMB: a capsule history, selected aspects of OMB as
an institution, and OMB’s major functions. As noted, OMB is tasked with numerous statutorily an institution, and OMB’s major functions. As noted, OMB is tasked with numerous statutorily
and administratively established duties relating to the operations of executive branch agencies. and administratively established duties relating to the operations of executive branch agencies.
These functions are varied and pervasive, ranging from the budget process to rulemaking to These functions are varied and pervasive, ranging from the budget process to rulemaking to
mission-support functions such as government procurement. In pursuing these activities, OMB is mission-support functions such as government procurement. In pursuing these activities, OMB is
required to faithfully execute its statutory responsibilities as passed by Congress. In addition, required to faithfully execute its statutory responsibilities as passed by Congress. In addition,
OMB may act as an agent to pursue presidential policy preferences. From Congress’s perspective, OMB may act as an agent to pursue presidential policy preferences. From Congress’s perspective,
there may be tensions or contradictions between the two roles.
177 U.S. Office of Management and Budget, Delivering Government Solutions in the 21st Century: Reform Plan and
Reorganization Recom m endations, Washington, 2018, at https://www.performance.gov/GovReform/index.html. For a CRS analysis of the plan, see CRS Congressional Distribution Memorandum, Trum p Adm inistration Reform and
Reorganization Plan: Discussion of 35 “Government-Wide” Proposals, July 25, 2018, coordinated by Henry B. Hogue and Clinton T . Brass (available to congressional clients upon request). 178 CRS there may be tensions or contradictions between the two roles.
OMB also may be viewed in the broader context of how the President attempts to use policy and institutional tools. Some observers have expressed concerns about potential “politicization” of OMB. One scholar has characterized politicization as
a term that has been used by critics ... to denote an increasing number of political appointees [at OMB] and the responsiveness of the agency to the personal political interests of the president rather than to institutional interests of the presidency..... [Yet] OMB has not been the only presidential institution to undergo these developments; they are part of a broader
174 P.L. 111-352. See CRS Report R42379, Report R42379,
Changes to the Government Performance and Results Act (GPRA): Overview of the New
Fram eworkFramework of Products and Processes,,
by Clinton Tby Clinton T
. Brass. . Brass.
179175 For discussion, For discussion,
see, respectively, CRSsee, respectively, CRS
Report RL32663, Report RL32663,
The Bush Administration’s Program Assessment Rating
Tool (PART), by Clinton T, by Clinton T
. Brass;. Brass;
and CRSand CRS
Congressional Distribution Memorandum, Congressional Distribution Memorandum,
Obam a Adm inistration Agenda
for Governm ent Perform anceObama Administration Agenda for Government Performance: Evolution and Related Issues for Congress, January 19, 2011, by Clinton T, January 19, 2011, by Clinton T
. Brass . Brass
(available to congressional clients upon request). (available to congressional clients upon request).
180 See ibid. and CRS
176 See ibid. and CRS Report RL33301, Report RL33301,
Congress and Program Evaluation: An Overview of Randomized Controlled
Trials (RCTs) and Related Issues, by Clinton T, by Clinton T
. Brass, Erin D. Williams, and Blas Nuñez-Neto. . Brass, Erin D. Williams, and Blas Nuñez-Neto.
181177 P.L. 115-435; January 14, 2019 (132 Stat. 5529). P.L. 115-435; January 14, 2019 (132 Stat. 5529).
182178 See See
OMB, “Phase 1 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Learning OMB, “Phase 1 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Learning
Agendas,Agendas,
Personnel, and Planning Guidance,”Personnel, and Planning Guidance,”
M-19-23, July 10, 2019; and OMB, “Phase 4 Implementation of the M-19-23, July 10, 2019; and OMB, “Phase 4 Implementation of the
Foundations for Evidence-BasedFoundations for Evidence-Based
Policymaking Act of 2018: Program Evaluation Standards and Practices,” MPolicymaking Act of 2018: Program Evaluation Standards and Practices,” M
-20-12, -20-12,
March 10, 2020; at https://www.whitehouse.gov/omb/information-for-agencies/memoranda/. March 10, 2020; at https://www.whitehouse.gov/omb/information-for-agencies/memoranda/.
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OMB also may be viewed in the broader context of how the President attempts to use policy and institutional tools. Some observers have expressed concerns about potential “politicization” of
OMB. One scholar has characterized politicization as
a term that has been used by critics ... to denote an increasing number of political appointees [at OMB] and the responsiveness of the agency to the personal political interests of the president rather than to institutional interests of the presidency..... [Yet] OMB has not been the only presidential institution to undergo these developments; they are part of a broader historical trend over the past several decades to increase centralized control of the executive historical trend over the past several decades to increase centralized control of the executive
branch in the White House. OMB is only one part of that trend.branch in the White House. OMB is only one part of that trend.
183179
Other observers have focused on the nature of OMB’s behavior. OMB has been characterized as
Other observers have focused on the nature of OMB’s behavior. OMB has been characterized as
both “both “
neutral yneutrally competent” and “responsively competent.” competent” and “responsively competent.”
184180 Neutral competence has been Neutral competence has been
described as “operational expertise, nonpartisanship, and professionalism.”described as “operational expertise, nonpartisanship, and professionalism.”
185181 Responsive Responsive
competence, in turn, refers to “centralizing the activities of policy development and executive competence, in turn, refers to “centralizing the activities of policy development and executive
branch coordination within the White House and by appointing presidential loyalists to positions branch coordination within the White House and by appointing presidential loyalists to positions
deep within the bowels of executive agencies.”deep within the bowels of executive agencies.”
186182
Critics who perceive a trend toward responsive competence (i.e., potential political centralization)
Critics who perceive a trend toward responsive competence (i.e., potential political centralization)
express concern this might adversely affect the quality of analysis and coordination from OMB.express concern this might adversely affect the quality of analysis and coordination from OMB.
187183 At the same time, others have argued that labeling OMB as At the same time, others have argued that labeling OMB as
neutral yneutrally competent or responsively competent or responsively
competent presents a false dichotomy. Instead, from their point of view, it seems that both terms competent presents a false dichotomy. Instead, from their point of view, it seems that both terms
may at times be simultaneously applicable to OMB.may at times be simultaneously applicable to OMB.
188184
In light of these complicated dynamics, it is clear that Congress faces potential trade-offs when
In light of these complicated dynamics, it is clear that Congress faces potential trade-offs when
considering issues that involve OMB. Congress may choose to authorize OMB to undertake considering issues that involve OMB. Congress may choose to authorize OMB to undertake
certain activities in order to leverage its expertise and position to help implement Congress’s certain activities in order to leverage its expertise and position to help implement Congress’s
institutional and policy objectives.institutional and policy objectives.
189185 However, granting such authorities may leave room for However, granting such authorities may leave room for
OMB to implement policies more in line with presidentialOMB to implement policies more in line with presidential
agendas regardless of the intent of agendas regardless of the intent of
Congress. As a result, Congress may face difficult choices when considering how to legislate with Congress. As a result, Congress may face difficult choices when considering how to legislate with
respect to OMB’s activities. Congress also may face related respect to OMB’s activities. Congress also may face related
chal engeschallenges in conducting oversight of in conducting oversight of
OMB in situations when OMB’s interactions with agencies are not publicly visible. OMB in situations when OMB’s interactions with agencies are not publicly visible.
Nonetheless, OMB was created by Congress, and Congress has control over many aspects of the
Nonetheless, OMB was created by Congress, and Congress has control over many aspects of the
organization, scope, activities, and authority of OMB through the legislative process.organization, scope, activities, and authority of OMB through the legislative process.
190 Congress, 183186 Congress, for instance, may assign statutory duties to OMB in several ways, sometimes in response to administratively established practices that the President has delegated to OMB. Looking back, Congress has assigned statutory responsibilities to OMB for the governance of procurement, financial management, and paperwork reduction practices across the executive branch. Other legislation has addressed the manner in which OMB implements presidential delegations and administratively established processes, such as those relating to budget formulation, regulatory
179 James P. Pfiffner, “OMB: Professionalism, Politicization, and the Presidency,” in James P. Pfiffner, “OMB: Professionalism, Politicization, and the Presidency,” in
Executive Leadership in Anglo-
Am erican System sAmerican Systems, ed. Colin Campbell, S.J.,, ed. Colin Campbell, S.J.,
and Margaret Jane Wyszomirski (Pittsburgh, and Margaret Jane Wyszomirski (Pittsburgh,
P APA: University of Pittsburgh : University of Pittsburgh
Press, 1991), pp. 195-196 and 212. Press, 1991), pp. 195-196 and 212.
184180 Matthew J. Dickinson and Andrew Matthew J. Dickinson and Andrew
Rudalevige,Rudalevige,
“Presidents, Responsiveness, and Competence: Revisiting the “Presidents, Responsiveness, and Competence: Revisiting the
“Golden Age” at the Bureau“Golden Age” at the Bureau
of the Budget,”of the Budget,”
Political Science Quarterly, vol. 119, no. 4 (Winter 2004/2005), pp. 633-, vol. 119, no. 4 (Winter 2004/2005), pp. 633-
654. 654.
185
181 Patrick J. Wolf, “Neutral and Responsive Competence: Patrick J. Wolf, “Neutral and Responsive Competence:
T heThe Bureau of the Budget Bureau of the Budget
1939 1939-1948, Revisited,” -1948, Revisited,”
Adm inistrationAdministration & Society, vol. 31, no. 1 (March 1999), p. 143. , vol. 31, no. 1 (March 1999), p. 143.
186182 Ibid., pp. 142-143. Ibid., pp. 142-143.
187183 Hugh Hugh
Heclo, “OMB and the Presidency—the Problem of ‘Neutral Competence’,” Heclo, “OMB and the Presidency—the Problem of ‘Neutral Competence’,”
Public Interest, no. 38 (Winter , no. 38 (Winter
1975), pp. 97-98, at https://www.nationalaffairs.com/public_interest/issues/winter-1975. 1975), pp. 97-98, at https://www.nationalaffairs.com/public_interest/issues/winter-1975.
188
184 Ibid., p. 163. Ibid., p. 163.
189185 For example, Congress For example, Congress
might consider usingmight consider using
OMB to coordinate among executive agencies in pursuit of agencies’ OMB to coordinate among executive agencies in pursuit of agencies’
statutory missions or to addressstatutory missions or to address
issues issues that cut across agency boundaries,that cut across agency boundaries,
while safeguarding while safeguarding against undesiredagainst undesired
OMB OMB
discretion. discretion.
190
186 For discussion, For discussion,
see CRSsee CRS
Report R45442, Report R45442,
Congress’s Authority to Influence and Control Executive Branch Agencies, ,
by by
T oddTodd Garvey and Daniel J. Sheffner; and Morton Rosenberg, Garvey and Daniel J. Sheffner; and Morton Rosenberg,
When Congress Com esComes Calling: A Study on the
Principles, Practices, and Pragm aticsPragmatics of Legislative Inquiry (Washington: (Washington:
T heThe Constitution Project, 2017), p. 6, at Constitution Project, 2017), p. 6, at
https://archive.constitutionproject.org/wp-content/uploads/2017/05/WhenCongressComesCalling.pdf. https://archive.constitutionproject.org/wp-content/uploads/2017/05/WhenCongressComesCalling.pdf.
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for instance, may assign statutory duties to OMB in several ways, sometimes in response to administratively established practices that the President has delegated to OMB. Looking back, Congress has assigned statutory responsibilities to OMB for the governance of procurement, financial management, and paperwork reduction practices across the executive branch. Other legislation has addressed the manner in which OMB implements presidential delegations and administratively established processes, such as those relating to budget formulation, regulatory
review, and executive-legislative review, and executive-legislative relations. In some of these contexts, Congress may intend for relations. In some of these contexts, Congress may intend for
OMB to promote interagency coordination. OMB to promote interagency coordination.
Across this variety of contexts, potential issues for Congress may be grouped into two categories:
Across this variety of contexts, potential issues for Congress may be grouped into two categories:
(1) opportunities to conduct oversight of OMB’s activities and (2) options for potential legislation (1) opportunities to conduct oversight of OMB’s activities and (2) options for potential legislation
that would modify OMB’s role or authority over particular issues. With regard to oversight and that would modify OMB’s role or authority over particular issues. With regard to oversight and
legislation, Congress may consider several questions when formulating and evaluating any legislation, Congress may consider several questions when formulating and evaluating any
options, including the option of continuing with the status quo. options, including the option of continuing with the status quo.
• Oversight. Which OMB activities are of interest to Congress? Are these Which OMB activities are of interest to Congress? Are these
activities transparent to Congress and the public? Is OMB pursuing these
activities transparent to Congress and the public? Is OMB pursuing these
activities in line with congressional intent? Has OMB been effective at activities in line with congressional intent? Has OMB been effective at
addressing problems? Who defines the problems to be solved? Are there areas in addressing problems? Who defines the problems to be solved? Are there areas in
which OMB and other institutions might improve? which OMB and other institutions might improve?
• Legislation. Are there opportunities for Congress to legislate on OMB’s roles Are there opportunities for Congress to legislate on OMB’s roles
and activities? Is OMB an appropriate institution for addressing a particular
and activities? Is OMB an appropriate institution for addressing a particular
issue, or might Congress consider assigning responsibilities to other agencies? issue, or might Congress consider assigning responsibilities to other agencies?
How might authority or responsibility provided to OMB by Congress alter power How might authority or responsibility provided to OMB by Congress alter power
relationships between Congress and the President or between agencies and relationships between Congress and the President or between agencies and
OMB? For example, might an increase in transparency of executive branch OMB? For example, might an increase in transparency of executive branch
agency activities enable OMB to exercise undesired influence over statutory agency activities enable OMB to exercise undesired influence over statutory
authorities that are vested in agency heads?authorities that are vested in agency heads?
191187
Given the breadth of areas in which OMB operates, considerations for Congress may vary
Given the breadth of areas in which OMB operates, considerations for Congress may vary
substantial ysubstantially from context to context. In addition, the advantages and disadvantages of particular from context to context. In addition, the advantages and disadvantages of particular
options, including continuation of the status quo, may be evaluated from multiple perspectives. options, including continuation of the status quo, may be evaluated from multiple perspectives.
Questions such as these may be relevant as Congress continues to Questions such as these may be relevant as Congress continues to
fulfil fulfill its constitutional its constitutional
obligations and work with OMB, agencies, the President, and the public.obligations and work with OMB, agencies, the President, and the public.
191
187 For discussion, For discussion,
see Clinton Tsee Clinton T
. Brass and Wendy Ginsberg,. Brass and Wendy Ginsberg,
“Congress Evolving in the Face of Complexity: “Congress Evolving in the Face of Complexity:
Legislative Efforts to Embed Legislative Efforts to Embed
T ransparencyTransparency, Participation, and Representation in Agency Operations,” in CRS , Participation, and Representation in Agency Operations,” in CRS
Committee Print CP10000, Committee Print CP10000,
The Evolving Congress: A Com m itteeCommittee Print Prepared for the Senate Com m itteeCommittee on Rules
and Adm inistrationAdministration, coordinated by Walter J. Oleszek, Michael L. Koempel, and Robert Jay Dilger. , coordinated by Walter J. Oleszek, Michael L. Koempel, and Robert Jay Dilger.
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Office of Management and Budget (OMB): An Overview
Appendix A. OMB Budget and Staffing History
Table A-1, below below, shows the appropriations and full-time equivalent (FTE) employment for the , shows the appropriations and full-time equivalent (FTE) employment for the
Office of Management and Budget (OMB) from FY2010Office of Management and Budget (OMB) from FY2010
-FY2022 (actual) to (actual) to
FY2020FY2023 (estimate). FTEs (estimate). FTEs
assign workforce estimates to agencies based on the number of work years required to achieve assign workforce estimates to agencies based on the number of work years required to achieve
agency missions and objectives. One work year is equivalent to 2,080 hours of work and could agency missions and objectives. One work year is equivalent to 2,080 hours of work and could
represent, for example, one employee working 40 hours per week for 52 weeks, or two employees represent, for example, one employee working 40 hours per week for 52 weeks, or two employees
working 20 hours per week for 52 weeks. The work year estimate is based on the maximum working 20 hours per week for 52 weeks. The work year estimate is based on the maximum
cumulative number of hours that can be worked by cumulative number of hours that can be worked by
al all employees, including full-time, part-time employees, including full-time, part-time
and intermittent employees. Over the period, the data show that actual appropriations ranged from and intermittent employees. Over the period, the data show that actual appropriations ranged from
a low of $89.3 a low of $89.3
mil ionmillion in FY2014 to a high of in FY2014 to a high of
$102.0 mil ion in FY2019about $128 million in FY2023, and actual FTE levels , and actual FTE levels
ranged from a low of 435 in FY2014 to a high of 527 in FY2010. ranged from a low of 435 in FY2014 to a high of 527 in FY2010.
Table A-1. OMB Salaries and Expenses (S&E) Account: Appropriations, Obligations,
and Full-Time Equivalent (FTE) Employment
FY2010 (Actual) to
FY2010 (Actual) to
FY2020FY2023 (Estimate) (Estimate)
Fiscal Year
Obligations (rounded to
(FY)
Appropriations
nearest million)
FTE Employment (direct)
FY2010
FY2010
$92,863,000
$92,863,000
$93
$93
527
527
FY2011
FY2011
$91,934,000
$91,934,000
$92
$92
506
506
FY2012
FY2012
$89,456,000
$89,456,000
$89
$89
511
511
FY2013
FY2013
$89,456,000
$89,456,000
$85
$85
466
466
FY2014
FY2014
$89,300,000
$89,300,000
$89
$89
435
435
FY2015
FY2015
$91,750,000
$91,750,000
$93
$93
457
457
FY2016
FY2016
$95,000,000
$95,000,000
$95
$95
487
487
FY2017
FY2017
$95,000,000
$95,000,000
$95
$95
467
467
FY2018
FY2018
$101,000,000
$101,000,000
$101
$101
472
472
FY2019
FY2019
$102,000,000
$102,000,000
$103
$103
466
466
FY2020
FY2020
$101,600,000
$101,600,000
$102
$102
482
FY2021
$106,600,000
$108
469
FY2022
$116,000,000
$120
448
FY2023
$128,035,000
$133 (estimate)
533 (estimate)
477 (estimate) (estimate)
Sources: The appropriationsAppropriations amounts for FY2010, FY2012, FY2014, FY2015, FY2016, amounts for FY2010, FY2012, FY2014, FY2015, FY2016,
and FY2020 are taken FY2020, and FY2023 from OMB, from OMB,
Budget of the U.S. Government, Appendix,,
Fiscal Years 2011, 2013, 2015, 2016, 2017, Fiscal Years 2011, 2013, 2015, 2016, 2017,
2021, and 2024and 2021 (Washington, GPO, February 2010, 2012, 2014, 2015, 2016, (Washington, GPO, February 2010, 2012, 2014, 2015, 2016,
2020, and 2023and 2020), pp. 1150, 1212, 1186, 1144, 1162, ), pp. 1150, 1212, 1186, 1144, 1162,
and 11421142, and 1106, respectively., respectively.
Obligations amounts for FY2010-Obligations amounts for FY2010-
FY2020 are takenFY2023 from from
Budget Appendix volumes volumes
FY2012-FY2012-
FY2021FY2024, which provide figures rounded to the nearest mil ion., which provide figures rounded to the nearest mil ion.
More detailed informationMore detailed information
on OMB on OMB
appropriations and obligations is available from OMB’s MAX Web portal, at https://portal.max.gov/portal/appropriations and obligations is available from OMB’s MAX Web portal, at https://portal.max.gov/portal/
document/SF133/Budget/FACTS%20II%20-document/SF133/Budget/FACTS%20II%20-
%20SF%20133%20Report%20on%20Budget%20Execution%20and%20Budgetary%20Resources.html. %20SF%20133%20Report%20on%20Budget%20Execution%20and%20Budgetary%20Resources.html.
The appropriationsAppropriations for FY2011 for FY2011
are taken from Division from Division
B, Title V, Section 1516 of P.L. 112-10, Department of B, Title V, Section 1516 of P.L. 112-10, Department of
Defense and Ful -Year Continuing Appropriations Act, 2011, 125 Stat. 133. Defense and Ful -Year Continuing Appropriations Act, 2011, 125 Stat. 133.
The appropriationsAppropriations for FY2013 for FY2013
are taken from Title I, Section 1101(2) of P.L. 113-6, Consolidated and Further from Title I, Section 1101(2) of P.L. 113-6, Consolidated and Further
Continuing Continuing
Appropriations Appropriations Act, 2013, 27 Stat. 412, which provides appropriations at the FY2012 level. Act, 2013, 27 Stat. 412, which provides appropriations at the FY2012 level.
The appropriationsAppropriations for FY2017 for FY2017
are taken from Division from Division
E, Title II of P.L. 115-31, Consolidated Appropriations E, Title II of P.L. 115-31, Consolidated Appropriations
Act, 2017, 131 Act, 2017, 131
Stat. 339.
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Appropriations for FY2018 from Division Stat. 339. The appropriations for FY2018 are taken from Division E, Title II of P.L. 115-141, Consolidated Appropriations E, Title II of P.L. 115-141, Consolidated Appropriations
Act, 2018, 132 Stat. 548. Act, 2018, 132 Stat. 548.
The appropriationsAppropriations for FY2019 for FY2019
are taken from Divisionfrom Division
D, Title II of P.L. 116-6, Consolidated Appropriations D, Title II of P.L. 116-6, Consolidated Appropriations
Act, 2019, 133 Act, 2019, 133
Stat. 151. Appropriations for FY2021 from Division E, Title II of P.L. 116-260, Consolidated Appropriations Act, 2021, 134 Stat. 1382. Appropriations for FY2022 from Division E, Title II of P.L. 117-103, Consolidated Appropriations Act, 2022, 136 Stat. 252. Stat. 151.
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The FTE totals correspond to direct FTEs and not reimbursableThe FTE totals correspond to direct FTEs and not reimbursable
FTEs. These figures are FTEs. These figures are
taken fromfrom the “Employment Summary” table, OMB, OMB,
Budget
of the U.S. Government, Appendix,,
Fiscal Fiscal Years 2012 through Years 2012 through
20212024 (Washington, GPO, February 2011 through (Washington, GPO, February 2011 through
February 2020), pp. 1113, 1213, 1123, 1187, 1145, 1163, 1053, 1059, 1063, and 1143 (for FY2019 and FY2020) , respectively. March 2023). Notes: Typical yTypically, an agency’s prior year appropriations are shown in the , an agency’s prior year appropriations are shown in the
Budget of the U.S. Government, Appendix. .
For those yearsFor those years
in which appropriations are provided in consolidated or continuing appropriations, the enacted in which appropriations are provided in consolidated or continuing appropriations, the enacted
appropriations provide the funding amounts. This was the case for the FY2011, FY2013, FY2017, FY2018appropriations provide the funding amounts. This was the case for the FY2011, FY2013, FY2017, FY2018
, FY2019, FY2021, and FY2022, and FY2019 appropriations. appropriations.
The requirementsThe requirements
for reporting FTE employment in the President’sfor reporting FTE employment in the President’s
budget are prescribedbudget are prescribed
in Section 85 of in Section 85 of
the Office of Management and Budget Circular OMB Circular No. A-11 on “Estimating Employment Levels on “Estimating Employment Levels
and the Employment and the Employment
Summary (Schedule Q).” See, OMB, Summary (Schedule Q).” See, OMB,
Circular No. A-11, Preparation, Submission,, Preparation, Submission,
and Execution of the Budget and Execution of the Budget
(Washington: GPO, (Washington: GPO,
July 2020August 2022). ).
The table does not include any supplemental appropriations amounts. The table does not include any supplemental appropriations amounts.
Table A-2, below, shows FTEs corresponding to OMB’s Salaries and Expenses (S&E) account. below, shows FTEs corresponding to OMB’s Salaries and Expenses (S&E) account.
Specifical ySpecifically, the table displays FTEs broken down by OMB “program activity” from FY2016 , the table displays FTEs broken down by OMB “program activity” from FY2016
actual to actual to
FY2021FY2024 proposed. These categories proposed. These categories
general ygenerally refer to OMB’s organizational units. The refer to OMB’s organizational units. The
first five rows correspond to the resource management offices. The next three rows correspond to first five rows correspond to the resource management offices. The next three rows correspond to
three of OMB’s statutory offices. The final row includes one of the statutory offices, the Office of three of OMB’s statutory offices. The final row includes one of the statutory offices, the Office of
Electronic Government, and the OMB-wide support offices (see table notes for a list). Over this Electronic Government, and the OMB-wide support offices (see table notes for a list). Over this
period, the data show that the largest number of FTEs is period, the data show that the largest number of FTEs is
al ocatedallocated among the offices that provide among the offices that provide
services across the agency, including the director, the deputy director, and the deputy director for services across the agency, including the director, the deputy director, and the deputy director for
management (DDM). The management (DDM). The
smal estsmallest number of FTEs is number of FTEs is
al ocatedallocated to the Office of Federal Financial to the Office of Federal Financial
Management and the Office of Federal Procurement Policy. Management and the Office of Federal Procurement Policy.
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Table A-2. OMB’s S&E Account: FTE Positions, by “Program Activity”
FY2016 (Actual) to
FY2016 (Actual) to
FY2021FY2024 (Proposed) (Proposed)
FTE Positions
Program
FY2016
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
FY2023
FY2024
Program Activity
Actual
Actual
Actual
Actual
Actual
Actual
Actual
Estimate
Proposed
National Security
National Security
57
57
57
57
55
55
50
50
53
53
57
Programs52
49
57
57
Programs (RMO)
General
General
55
55
53
53
54
54
49
49
55
55
5654
51
61
61
Government
Government
Programs Programs
(RMO)
Natural Resource
Natural Resource
55
55
52
52
48
48
50
50
47
47
5047
46
51
51
Programs
Programs
(RMO)
Health Programs
Health Programs
44
44
41
41
41
41
41
41
42
42
43
Education,41
40
43
43
(RMO)
Education, Income
30
30
29
29
30
30
29
29
28
28
30
Income 31
29
33
33
Maintenance, and Maintenance, and
Labor Programs Labor Programs
(RMO)
Office of Federal
Office of Federal
17
17
15
15
13
13
17
17
16
16
1617
16
17
17
Financial
Financial
Management Management
Information and
Information and
48
48
46
46
46
46
49
49
61
61
6754
50
58
58
Regulatory
Regulatory
Affairs Affairs
Office of Federal
Office of Federal
16
16
15
15
14
14
15
15
17
17
17
Procurement Policy
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link to page 16 link to page 35 Office of Management and Budget (OMB): An Overview
FTE Positions
Program
FY2016
FY2017
FY2018
FY2019
FY2020
FY2021
Activity
Actual
Actual
Actual
Actual
Estimate
Proposed
OMB-Wide
165
159
159
166
158
185
Offices
Total
487
467
460
466
477
52114
14
16
16
Procurement Policy
OMB-Wide
165
159
159
166
158
159
152
174
174
Offices
Total
487
467
460
466
477
469
448
510
510
Source: Executive Office of the President (EOP), Executive Office of the President (EOP),
Congressional Budget Submission,,
Fiscal Fiscal Years 2018 through Years 2018 through
20212024 (Washington: EOP, February 2017 through February (Washington: EOP, February 2017 through February
2020), pp. OMB-13, OMB-13, OMB-8 and OMB-10, respectively. 2023).
CRS-31
link to page 16
Notes: OMB-Wide OfficesOMB-Wide Offices
include the director’sinclude the director’s
office, the deputy director,office, the deputy director,
the DDM, the executive associate the DDM, the executive associate
director,director,
Communication,Communication,
the Generalthe General
Counsel, Counsel,
Legislative Legislative Affairs, Economic Policy,Affairs, Economic Policy,
the Management and the Management and
Operations Division,Operations Division,
the Performancethe Performance
and Personneland Personnel
Management Division,Management Division,
the Legislativethe Legislative
Reference Reference Division, Division,
the Budget Review Division,the Budget Review Division,
and the Office of the Federaland the Office of the Federal
Chief Information Officer. Chief Information Officer.
The requirementsThe requirements
for reporting FTE employment in the President’sfor reporting FTE employment in the President’s
budget are prescribedbudget are prescribed
in Section 85 of in Section 85 of
the OMB OMB
Circular No. A-11 on “Estimating Employment Levels on “Estimating Employment Levels
and the Employment Summaryand the Employment Summary
(Schedule Q).” See(Schedule Q).” See
, OMB, OMB,
Circular No. A-11, Preparation, Submission, and Execution of the Budget, (Washington: GPO, (Washington: GPO,
July 2020August 2022). ).
The FTE totals correspond to those that are shown The FTE totals correspond to those that are shown
inin Table 1, except except for the FY2018 for the FY2018
totaland FY2023 totals. No explanation for . No explanation for
the difference is provided in the respective the difference is provided in the respective
budget documents.
CRS-32
link to page 37 Office of Management and Budget (OMB): An Overview
budget documents.
Table A-3, below below, shows on-board employment at OMB from September 2010 through , shows on-board employment at OMB from September 2010 through
June 2019 (most current available)September 2022. On-board employment is the number of employees in pay status at a . On-board employment is the number of employees in pay status at a
particular point in time. Over this multiyear period, employment was at its highest level (particular point in time. Over this multiyear period, employment was at its highest level (
630695) in ) in
September September
2016,2022 and at its lowest level (452) in September 2013 at its lowest level (452) in September 2013
, and at 584 in June 2019 (most current available). .
Table A-3. OMB: On-Board Employment
September 2010 Through
September 2010 Through
June 2019September 2022
Month and Year
On-Board Employment
September
September
2010 2010
535
535
September
September
2011 2011
527
527
September
September
2012 2012
525
525
September
September
2013 2013
452
452
September
September
2014 2014
466
466
September
September
2015 2015
582
582
September
September
2016 2016
630
630
September
September
2017 2017
581
581
September
September
2018 2018
606
606
JuneSeptember 2019 2019
584579
September 2020
589
September 2021
666
September 2022
695
Source: OPM, FedScope database, Employment cubes, September 2010 through SeptemberOPM, FedScope database, Employment cubes, September 2010 through September
2018 and June 2019 2022, at https://www.fedscope.opm.gov/. , at https://www.fedscope.opm.gov/.
Note: For 2019, the most current data available are for June.
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link to page
3638 Office of Management and Budget (OMB): An Overview
Appendix B. Case Study of Trump Administration
OMB Appointments
Table B-1, below below, provides information on the positions of director, deputy director, and DDM at , provides information on the positions of director, deputy director, and DDM at
OMB during the Administration of President Donald Trump. These positions are appointed by the OMB during the Administration of President Donald Trump. These positions are appointed by the
President and confirmed by the Senate. The table shows the incumbent for the position, date the President and confirmed by the Senate. The table shows the incumbent for the position, date the
nomination was sent to the Senate, and the confirmation date and vote for each position. nomination was sent to the Senate, and the confirmation date and vote for each position.
Table B-1. OMB: Positions of Director, Deputy Director, and Deputy Director for
Management, Nomination and Confirmation
Administration of President Donald Trump
Administration of President Donald Trump
Nomination Sent to
Position
Incumbent
the Senate
Confirmation
Director
Director
Mick Mulvaney
Mick Mulvaney
January 30, 2017
January 30, 2017
February 16, 2017
February 16, 2017
51 to 49 vote (Record 51 to 49 vote (Record
No. 68) No. 68)
BecameBecame
Acting White Acting White
House Chief of Staff in House Chief of Staff in
mid-Decembermid-December
2018 2018
Director
Director
Russel Russell Vought Vought
May 4, 2020
May 4, 2020
July 20, 2020
July 20, 2020
51 to 45 vote (Record 51 to 45 vote (Record
No. 131)No. 131)
Vought had been serving Vought had been serving
as Acting OMB Director as Acting OMB Director
since mid-Decembersince mid-December
2018 2018
Deputy Director
Deputy Director
Russel Russell Vought Vought
May 2, 2017
May 2, 2017
February 28, 2018
February 28, 2018
50 to 49 vote (Record 50 to 49 vote (Record
No. 40) No. 40)
BecameBecame
Acting OMB Acting OMB
DirectorDirector
in mid-in mid-
DecemberDecember
2018 2018
Deputy Director
Deputy Director
Derek
Derek
Kan Kan
June 2, 2020
June 2, 2020
July 30, 2020
July 30, 2020
71 to 21 vote (Record 71 to 21 vote (Record
No. 152) No. 152)
Deputy Director
Deputy Director
for for
Margaret Weichert
Margaret Weichert
September
September
5, 2017 5, 2017
February 14, 2018
February 14, 2018
Management (DDM)
Management (DDM)
Voice vote
Voice vote
Resigned mid-March 2020 Resigned mid-March 2020
Deputy Director
Deputy Director
for for
Michael Rigas
Michael Rigas
Has not been nominatedSeptember 16, 2020
Not applicable
Not applicable
Management
Management
for the position. Became
Became Acting DDM in Acting DDM in
mid-March 2020. mid-March 2020.
Source: CRS analysis of nominations database at Congress.gov. CRS analysis of nominations database at Congress.gov.
Notes: Margaret WeichertMargaret Weichert
also served as acting directoralso served as acting director
of OPM from early October 2018 until mid-September of OPM from early October 2018 until mid-September
2019. 2019.
Michael RigasMichael Rigas
, served as the Senate-confirmed deputy director at OPM the Senate-confirmed deputy director at OPM
, is also serving and served as the acting director of OPM. as the acting director of OPM.
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Office of Management and Budget (OMB): An Overview
Author Information
Taylor N. Riccard, Coordinator Taylor N. Riccard, Coordinator
Barbara L. Schwemle
Barbara L. Schwemle
Analyst in Government Organization and
Analyst in Government Organization and
Analyst in American National Government
Analyst in American National Government
Management
Management
Clinton T. Brass
Clinton T. Brass
Specialist in Government Organization and
Specialist in Government Organization and
Management Management
Congressional Research Service
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Office of Management and Budget (OMB): An Overview
Key Policy Staff
Area of Expertise
Name
Executive budget process
Executive budget process
Clinton T. Brass
Clinton T. Brass
Taylor N. Riccard
Taylor N. Riccard
Dominick
Dominick
A. Fiorentino A. Fiorentino
Federal
Federal
personnel policy personnel policy
Barbara L.
Barbara L.
Schwemle Schwemle
Taylor N. Riccard
Taylor N. Riccard
Federal
Federal
procurement procurement
L. Elaine HalchinDominick A. Fiorentino
Financial management
Financial management
Dominick
Dominick
A. Fiorentino A. Fiorentino
Government information
Government information
policy policy
Meghan M. Stuessy
Meghan M. Stuessy
Government organization
Government organization
Henry B. Hogue
Henry B. Hogue
Government performance
Government performance
Clinton T. Brass
Clinton T. Brass
OMB appropriations
OMB appropriations
Barbara L.
Barbara L.
Schwemle Schwemle
Paperwork reduction
Paperwork reduction
Maeve P. Carey
Maeve P. Carey
Presidential
Presidential
directives directives
Ben Wilhelm
Ben Wilhelm
Regulatory affairs
Regulatory affairs
Maeve P. Carey
Maeve P. Carey
Separation of powers
Separation of powers
Ben Wilhelm
Ben Wilhelm
Statistical policy
Statistical policy
Jennifer D. Wil iams Taylor R. Knoedl
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
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than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
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