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FILE 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.