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s2170.enr
--S.2170--
S.2170
One Hundred Third Congress of the United
States of America
AT THE SECOND SESSION
Begun and held at the City of
Washington on Tuesday, the twenty-fifth day of January, one thousand nine
hundred and ninety-four
An Act To provide a more effective, efficient, and
responsive Government. Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
- SHORT TITLE- This Act may be cited as the Government Management Reform Act
of 1994'.
- TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
- TITLE
I--LIMITATION ON PAY
Sec. 101. Limitation on certain annual pay
adjustments.
- TITLE
II--HUMAN RESOURCE MANAGEMENT
Sec. 201. SES annual leave
accumulation.
- TITLE
III--STREAMLINING MANAGEMENT CONTROL
Sec. 301. Authority to increase
efficiency in reporting to Congress.
- TITLE
IV--FINANCIAL MANAGEMENT
Sec. 401. Short title.
Sec. 402. Electronic
payments.
Sec. 403. Franchise fund pilot programs.
Sec. 404.
Simplification of management reporting process.
Sec. 405. Annual financial
reports.
SEC. 101. LIMITATION ON CERTAIN ANNUAL PAY ADJUSTMENTS.
Effective as of
December 31, 1994--
- section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C.
31(2)) is amended--
- by striking out (2) Effective' and inserting in lieu thereof (2)(A)
Subject to subparagraph (B), effective'; and
- by adding at the end thereof the following: (B) In no event shall the
percentage adjustment taking effect under subparagraph (A) in any calendar
year (before rounding), in any rate of pay, exceed the percentage adjustment
taking effect in such calendar year under section 5303 of title 5, United
States Code, in the rates of pay under the General Schedule.';
- section 104 of title 3, United States Code, is amended--
- in the first sentence by inserting (a)' before The';
- in the second sentence by striking out Effective' and inserting in lieu
thereof Subject to subsection (b), effective'; and
- by adding at the end thereof the following: (b) In no event shall the
percentage adjustment taking effect under the second and third sentences of
subsection (a) in any calendar year (before rounding) exceed the percentage
adjustment taking effect in such calendar year under section 5303 of title 5
in the rates of pay under the General Schedule.';
- section 5318 of title 5, United States Code, is amended--
- in the first sentence by striking out Effective' and inserting in lieu
thereof (a) Subject to subsection (b), effective'; and
- by adding at the end thereof the following: (b) In no event shall the
percentage adjustment taking effect under subsection (a) in any calendar
year (before rounding), in any rate of pay, exceed the percentage adjustment
taking effect in such calendar year under section 5303 in the rates of pay
under the General Schedule.'; and
- section 461(a) of title 28, United States Code, is amended--
- by striking out (a) Effective' and inserting in lieu thereof (a)(1)
Subject to paragraph (2), effective'; and
- by adding at the end thereof the following: (2) In no event shall the
percentage adjustment taking effect under paragraph (1) in any calendar year
(before rounding), in any salary rate, exceed the percentage adjustment
taking effect in such calendar year under section 5303 of title 5 in the
rates of pay under the General Schedule.'.
SEC. 201. SES ANNUAL LEAVE ACCUMULATION.
- IN GENERAL- Effective on the first day of the first applicable pay period
beginning after the date of the enactment of this Act, subsection (f) of
section 6304 of title 5, United States Code, is amended to read as follows:
- This subsection applies with respect to annual leave accrued by an
individual while serving in a position in--
- the Senior Executive Service;
- the Senior Foreign Service;
- the Defense Intelligence Senior Executive Service;
- the Senior Cryptologic Executive Service; or
- the Federal Bureau of Investigation and Drug Enforcement
Administration Senior Executive Service.
- For purposes of applying any limitation on accumulation under this
section with respect to any annual leave described in paragraph (1)--
- 30 days' in subsection (a) shall be deemed to read 90 days'; and
- 45 days' in subsection (b) shall be deemed to read 90 days'.'.
- USE OF EXCESS LEAVE- Notwithstanding the amendment made by subsection (a),
in the case of an employee who, on the effective date of subsection (a), is
subject to subsection (f) of section 6304 of title 5, United States Code, and
who has to such employee's credit annual leave in excess of the maximum
accumulation otherwise permitted by subsection (a) or (b) of section 6304
(determined applying the amendment made by subsection (a)), such excess annual
leave shall remain to the credit of the employee and be subject to reduction,
in the same manner as provided in subsection (c) of section 6304.
SEC. 301. AUTHORITY TO INCREASE EFFICIENCY IN REPORTING TO CONGRESS.
- PURPOSE- The purpose of this title is to improve the efficiency of
executive branch performance in implementing statutory requirements for
reports to Congress and committees of Congress such as the elimination or
consolidation of duplicative or obsolete reporting requirements and
adjustments to deadlines that shall provide for more efficient workload
distribution or improve the quality of reports.
- AUTHORITY OF THE DIRECTOR - The Director of the Office of
Management and Budget may publish annually in the budget submitted by the
President to the Congress, recommendations for consolidation, elimination, or
adjustments in frequency and due dates of statutorily required periodic
reports to the Congress or committees of Congress. For each recommendation,
the Director shall provide an individualized statement of the reasons that
support the recommendation. In addition, for each report for which a
recommendation is made, the Director shall state with specificity the exact
consolidation, elimination, or adjustment in frequency or due date that is
recommended.
- RECOMMENDATIONS- The Director's recommendations shall be consistent
with the purpose stated in subsection (a).
- CONSULTATION- Before the publication of the recommendations under
subsection (b), the Director or his designee shall consult with the
appropriate congressional committees concerning the recommendations.
SEC. 401. SHORT TITLE.
This title may be cited as the Federal Financial
Management Act of 1994'.
SEC. 402. ELECTRONIC PAYMENTS.
- IN GENERAL- Section 3332 of title 31, United States Code, is amended to
read as follows: Sec. 3332. Required direct deposit
-
- Notwithstanding any other provision of law, all Federal wage, salary,
and retirement payments shall be paid to recipients of such payments by
electronic funds transfer, unless another method has been determined by
the Secretary of the Treasury to be appropriate.
- Each recipient of Federal wage, salary, or retirement payments shall
designate one or more financial institutions or other authorized payment
agents and provide the payment certifying or authorizing agency
information necessary for the recipient to receive electronic funds
transfer payments through each institution so designated.
-
- The head of each agency shall waive the requirements of subsection (a)
of this section for a recipient of Federal wage, salary, or retirement
payments authorized or certified by the agency upon written request by
such recipient.
- Federal wage, salary, or retirement payments shall be paid to any
recipient granted a waiver under paragraph (1) of this subsection by any
method determined appropriate by the Secretary of the Treasury.
-
- The Secretary of the Treasury may waive the requirements of subsection
(a) of this section for any group of recipients upon request by the head
of an agency under standards prescribed by the Secretary of the Treasury.
- Federal wage, salary, or retirement payments shall be paid to any
member of a group granted a waiver under paragraph (1) of this subsection
by any method determined appropriate by the Secretary of the Treasury.
- This section shall apply only to recipients of Federal wage or salary
payments who begin to receive such payments on or after January 1, 1995, and
recipients of Federal retirement payments who begin to receive such payments
on or after January 1, 1995.
- The crediting of the amount of a payment to the appropriate account on
the books of a financial institution or other authorized payment agent
designated by a payment recipient under this section shall constitute a full
acquittance to the United States for the amount of the payment.'.
- TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 33
of title 31, United States Code, is amended by amending the item for section
3332 to read: 3332. Required direct deposit.'.
SEC. 403. FRANCHISE FUND PILOT PROGRAMS.
- ESTABLISHMENT- There is authorized to be established on a pilot
program basis in each of six executive agencies a franchise fund. The Director
of the Office of Management and Budget, after consultation with the chairman
and ranking members of the Committees on Appropriations and Governmental
Affairs of the Senate, and the Committees on Appropriations and Government
Operations of the House of Representatives, shall designate the agencies.
- USES- Each such fund may provide, consistent with guidelines
established by the Director of the Office of Management and Budget, such
common administrative support services to the agency and to other agencies as
the head of such agency, with the concurrence of the Director, determines can
be provided more efficiently through such a fund than by other means. To
provide such services, each such fund is authorized to acquire the capital
equipment, automated data processing systems, and financial management and
management information systems needed. Services shall be provided by such
funds on a competitive basis.
- FUNDING-
- There are authorized to be appropriated to the franchise fund of each
agency designated under subsection (a) such funds as are necessary to carry
out the purposes of the fund, to remain available until expended. To the
extent that unexpended balances remain available in other accounts for the
purposes to be carried out by the fund, the head of the agency may transfer
such balances to the fund.
- Fees for services shall be established by the head of the agency at a
level to cover the total estimated costs of providing such services. Such
fees shall be deposited in the agency's fund to remain available until
expended, and may be used to carry out the purposes of the fund.
- Existing inventories, including inventories on order, equipment, and
other assets or liabilities pertaining to the purposes of the fund may be
transferred to the fund.
- REPORT ON PILOT PROGRAMS- Within 6 months after the end of fiscal
year 1997, the Director of the Office of Management and Budget shall forward a
report on the results of the pilot programs to the Committees on
Appropriations of the Senate and of the House of Representatives, and to the
Committee on Governmental Affairs of the Senate and the Committee on
Government Operations of the House of Representatives. The report shall
contain the financial and program performance results of the pilot programs,
including recommendations for--
- the structure of the fund;
- the composition of the funding mechanism;
- the capacity of the fund to promote competition; and
- the desirability of extending the application and implementation of
franchise funds to other Federal agencies.
- PROCUREMENT- Nothing in this section shall be construed as
relieving any agency of any duty under applicable procurement laws.
- TERMINATION - The provisions of this section shall expire on
October 1, 1999.
SEC. 404. SIMPLIFICATION OF MANAGEMENT REPORTING PROCESS.
- IN GENERAL- To improve the efficiency of executive branch performance in
implementing statutory requirements for financial management reporting to the
Congress and its committees, the Director of the Office of Management and
Budget may adjust the frequency and due dates of or consolidate any
statutorily required reports of agencies to the Office of Management and
Budget or the President and of agencies or the Office of Management and Budget
to the Congress under any laws for which the Office of Management and Budget
has financial management responsibility, including--
- chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of title 31, United States
Code;
- the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C.
2461 note; Public Law 101-410; 104 Stat. 890).
- APPLICATION- The authority provided in subsection (a) shall apply only to
reports of agencies to the Office of Management and Budget or the President
and of agencies or the Office of Management and Budget to the Congress
required by statute to be submitted between January 1, 1995, and September 30,
1997.
- ADJUSTMENTS IN REPORTING- The Director may consolidate or adjust the
frequency and due dates of any statutorily required reports under subsections
(a) and (b) only after--
- consultation with the Chairman of the Senate Committee on Governmental
Affairs and the Chairman of the House of Representatives Committee on
Government Operations; and
- written notification to the Congress, no later than February 8 of each
fiscal year covered under subsection (b) for those reports required to be
submitted during that fiscal year.
SEC. 405. ANNUAL FINANCIAL REPORTS.
- FINANCIAL STATEMENTS- Section 3515 of title 31, United States Code,
is amended to read as follows: Sec. 3515. Financial statements of agencies
- Not later than March 1 of 1997 and each year thereafter, the head of
each executive agency identified in section 901(b) of this title shall
prepare and submit to the Director of the Office of Management and Budget an
audited financial statement for the preceding fiscal year, covering all
accounts and associated activities of each office, bureau, and activity of
the agency.
- Each audited financial statement of an executive agency under this
section shall reflect--
- the overall financial position of the offices, bureaus, and activities
covered by the statement, including assets and liabilities thereof; and
- results of operations of those offices, bureaus, and
activities.
- The Director of the Office of Management and Budget shall identify
components of executive agencies that shall be required to have audited
financial statements meeting the requirements of subsection (b).
- The Director of the Office of Management and Budget shall prescribe the
form and content of the financial statements of executive agencies under
this section, consistent with applicable accounting and financial reporting
principles, standards, and requirements.
- The Director of the Office of Management and Budget may waive the
application of all or part of subsection (a) for financial statements
required for fiscal years 1996 and 1997.
- Not later than March 1 of 1995 and 1996, the head of each executive
agency identified in section 901(b) of this title and designated by the
Director of the Office of Management and Budget shall prepare and submit to
the Director of the Office of Management and Budget an audited financial
statement for the preceding fiscal year, covering all accounts and
associated activities of each office, bureau, and activity of the agency.
- Not later than March 31 of 1995 and 1996, for executive agencies not
designated by the Director of the Office of Management and Budget under
subsection (f), the head of each executive agency identified in section
901(b) of this title shall prepare and submit to the Director of the Office
of Management and Budget a financial statement for the preceding fiscal
year, covering--
- each revolving fund and trust fund of the agency; and
- to the extent practicable, the accounts of each office, bureau, and
activity of the agency which performed substantial commercial functions
during the preceding fiscal year.
- For purposes of subsection (g), the term commercial functions' includes
buying and leasing of real estate, providing insurance, making loans and
loan guarantees, and other credit programs and any activity involving the
provision of a service or thing for which a fee, royalty, rent, or other
charge is imposed by an agency for services and things of value it
provides.'.
- AUDITS BY AGENCIES- Subsection 3521(f) of title 31, United States
Code, is amended to read as follows: (f)
- For each audited financial statement required under subsections (a) and
(f) of section 3515 of this title, the person who audits the statement for
purpose of subsection (e) of this section shall submit a report on the audit
to the head of the agency. A report under this subsection shall be prepared
in accordance with generally accepted government auditing standards.
- Not later than June 30 following the fiscal year for which a financial
statement is submitted under subsection (g) of section 3515 of this title,
the person who audits the statement for purpose of subsection (e) of this
section shall submit a report on the audit to the head of the agency. A
report under this subsection shall be prepared in accordance with generally
accepted government auditing standards.
- GOVERNMENTWIDE FINANCIAL STATEMENT - Section 331 of title 31,
United States Code, is amended by adding the following new subsection: (e)
- Not later than March 31 of 1998 and each year thereafter, the Secretary
of the Treasury, in coordination with the Director of the Office of
Management and Budget, shall annually prepare and submit to the President
and the Congress an audited financial statement for the preceding fiscal
year, covering all accounts and associated activities of the executive
branch of the United States Government. The financial statement shall
reflect the overall financial position, including assets and liabilities,
and results of operations of the executive branch of the United States
Government, and shall be prepared in accordance with the form and content
requirements set forth by the Director of the Office of Management and
Budget.
- The Comptroller General of the United States shall audit the financial
statement required by this section.
Speaker of the House of
Representatives.
Vice President of the United States and
President of the
Senate.