[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 2170 Enrolled Bill (ENR)]
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,

4478754cbafb4d2d3487151f353e5c9cac03f85f62d6f081c450d84f9eebaf6c

(a) Short Title.--This Act may be cited as the ``Government
Management Reform Act of 1994''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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Effective as of December 31, 1994--
(1) section 601(a)(2) of the Legislative Reorganization Act of
1946 (2 U.S.C. 31(2)) is amended--
(A) by striking out ``(2) Effective'' and inserting in lieu
thereof ``(2)(A) Subject to subparagraph (B), effective''; and
(B) 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.'';
(2) section 104 of title 3, United States Code, is amended--
(A) in the first sentence by inserting ``(a)'' before
``The'';
(B) in the second sentence by striking out ``Effective''
and inserting in lieu thereof ``Subject to subsection (b),
effective''; and
(C) 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.'';
(3) section 5318 of title 5, United States Code, is amended--
(A) in the first sentence by striking out ``Effective'' and
inserting in lieu thereof ``(a) Subject to subsection (b),
effective''; and
(B) 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
(4) section 461(a) of title 28, United States Code, is
amended--
(A) by striking out ``(a) Effective'' and inserting in lieu
thereof ``(a)(1) Subject to paragraph (2), effective''; and
(B) 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.''.

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TITLE I

-LIMITATION ON PAY

(a) 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:
``(f)(1) This subsection applies with respect to annual leave
accrued by an individual while serving in a position in--
``(A) the Senior Executive Service;
``(B) the Senior Foreign Service;
``(C) the Defense Intelligence Senior Executive Service;
``(D) the Senior Cryptologic Executive Service; or
``(E) the Federal Bureau of Investigation and Drug Enforcement
Administration Senior Executive Service.
``(2) For purposes of applying any limitation on accumulation under
this section with respect to any annual leave described in paragraph
(1)--
``(A) `30 days' in subsection (a) shall be deemed to read `90
days'; and
``(B) `45 days' in subsection (b) shall be deemed to read `90
days'.''.
(b) 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.

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TITLE II

-HUMAN RESOURCE MANAGEMENT

(a) 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.
(b) 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.
(c) Recommendations.--The Director's recommendations shall be
consistent with the purpose stated in subsection (a).
(d) 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.

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TITLE III

-STREAMLINING MANAGEMENT CONTROL

This title may be cited as the ``Federal Financial Management Act
of 1994''.

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TITLE IV

-FINANCIAL MANAGEMENT

(a) In General.--Section 3332 of title 31, United States Code, is
amended to read as follows:
``Sec. 3332. Required direct deposit
``(a)(1) 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.
``(2) 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.
``(b)(1) 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.
``(2) 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.
``(c)(1) 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.
``(2) 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.
``(d) 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.
``(e) 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.''.
(b) 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.''.

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(a) 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.
(b) 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.
(c) Funding.--(1) 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.
(2) 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.
(3) 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.
(d) 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--
(1) the structure of the fund;
(2) the composition of the funding mechanism;
(3) the capacity of the fund to promote competition; and
(4) the desirability of extending the application and
implementation of franchise funds to other Federal agencies.
(e) Procurement.--Nothing in this section shall be construed as
relieving any agency of any duty under applicable procurement laws.
(f) Termination.--The provisions of this section shall expire on
October 1, 1999.

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(a) 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--
(1) chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of title 31,
United States Code;
(2) the Federal Civil Penalties Inflation Adjustment Act of
1990 (28 U.S.C. 2461 note; Public Law 101-410; 104 Stat. 890).
(b) 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.
(c) 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--
(1) consultation with the Chairman of the Senate Committee on
Governmental Affairs and the Chairman of the House of
Representatives Committee on Government Operations; and
(2) 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.

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(a) Financial Statements.--Section 3515 of title 31, United States
Code, is amended to read as follows:
``Sec. 3515. Financial statements of agencies
``(a) 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.
``(b) Each audited financial statement of an executive agency under
this section shall reflect--
``(1) the overall financial position of the offices, bureaus,
and activities covered by the statement, including assets and
liabilities thereof; and
``(2) results of operations of those offices, bureaus, and
activities.
``(c) 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).
``(d) 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.
``(e) 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.
``(f) 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.
``(g) 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--
``(1) each revolving fund and trust fund of the agency; and
``(2) 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.
``(h) 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.''.
(b) Audits by Agencies.--Subsection 3521(f) of title 31, United
States Code, is amended to read as follows:
``(f)(1) 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.
``(2) 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.''.
(c) Governmentwide Financial Statement.--Section 331 of title 31,
United States Code, is amended by adding the following new subsection:
``(e)(1) 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.
``(2) 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.

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Government Management Reform Act of 1994

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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