III. Legislation

A. NEW MEASURES

LEGISLATION AND NATIONAL SECURITY SUBCOMMITTEE

1. H.R. 826, Government Performance and Results Act of 1993. a. Report number and date.-House Report No. 103-106, part 1, May 25, 1993, together with additional minority views.

b. Summary of measure.-The purpose of H.R. 826 is to improve the efficiency and effectiveness of Federal programs by establishing a system to set goals for program performance and to measure results.

Beginning in 1994, this act requires the Office of Management and Budget [OMB] to select 10 agencies to perform pilot projects for 3 years on developing strategic plans. These 5-year strategic plans must outline an agency's mission, general goals, and objectives, and include a description of how the goals and objectives will be achieved.

OMB will also select five agencies to perform pilot projects for 2 years on managerial flexibility. The pilots will assess the benefits, costs, and usefulness of increasing managerial and organizational flexibility, discretion, and authority.

In 1997, OMB will report to Congress on the pilot projects, and all agencies will begin submitting 5-year strategic plans, and annual performance plans. At the same time, five agencies will be selected to begin pilot projects on performance-based budgeting. By the year 2000, all agencies will submit annual performance reports with the budget, preparing for the process of performance-based budgeting.

c. Legislative status.-H.R. 826 was introduced on February 4, 1993. On May 18, 1993, the Legislation and National Security Subcommittee reported H.R. 826 to the full committee, with an amendment in the nature of a substitute. The bill was approved and ordered reported, as amended, to the House by the Committee on Government Operations on May 25, 1993. H.R. 826, as amended, passed the House under suspension of the rules on May 25, 1993. The bill was sent to the Senate and referred to the Committee on Governmental Affairs on May 26, 1993.

On June 16, 1993, the Senate Governmental Affairs Committee reported S. 20, as amended. The bill passed the Senate, amended, on June 23, 1993, and was received in the House and held at the desk on June 24, 1993. S. 20 passed the House on July 15, 1993, and was signed by the President on August 3, 1993, Public Law 103-62.

d. Hearings. On March 23, 1993, the Legislation and National Security Subcommittee of the Committee on Government Oper

ations held a hearing on H.R. 826. At the hearing, the following witnesses testified on the bill:

Senator William V. Roth, Jr. of Delaware; the Honorable Leon E. Panetta, Director, Office of Management and Budget; the Honorable Charles A. Bowsher, U.S. Comptroller General, General Accounting Office; the Honorable John Sharp, Texas Comptroller of Public Accounts, State of Texas; Russell Morris, Commissioner, Financial Management Service, Department of Treasury; and Scott Fosler, President, National Academy of Public Administration.

2. H.R. 1578, Expedited Rescissions Act of 1993.

a. Report number and date.-None.

b. Summary of measure.-H.R. 1578 expands Presidential rescission authority by requiring that Presidential rescissions be voted on by Congress, allows a congressional substitute, and creates stricter impoundment provisions in the event the Congress fails to pass rescission legislation if such legislation is submitted by the President.

c. Legislative status.-H.R. 1578 was introduced on April 1, 1993, by Representative Spratt, on behalf of himself, Chairman Conyers, and 31 additional original cosponsors and was jointly referred to the Committee on Government Operations and the Committee on Rules.

On April 1, 1993, the Committee on Rules reported H. Res. 149, providing for the consideration of H.R. 1578.

On April 2, 1993, H.R. 1578 was referred to the Legislation and National Security Subcommittee. On April 2, 1993, H. Res. 149 was called up by the House as a privileged matter, considered on the House floor and withdrawn. On April 28, 1993, the House passed H. Res. 149 by recorded vote (212-208) and H.R. 1578 was considered by the House. On April 29, 1993, the House passed H.R. 1578, as amended by H. Res. 149 by recorded vote (258-157). On May 4, 1993, H.R. 1578 was referred to the Senate Committees on Budget and Governmental Affairs.

d. Hearings. On March 10, 1993, the Legislation and National Security Subcommittee held a hearing on three related measures: H.R. 354, "Expedited Consideration of Proposed Rescissions Act of 1993;" H.R. 493, "The Enhanced Rescission/Receipts Act of 1993;" and H.R. 1013, "Expedited Consideration of Proposed Rescissions Act of 1993." The hearing, entitled "Expedited Rescission Authority for the President," was held to address the President's budget request for enhanced rescission authority. The following witnesses furnished testimony: Minority Leader Robert Michel; Representative Charles Stenholm, Representative Christopher Cox; Leon Panetta, Director, Office of Management and Budget; Milton Socolar, Special Assistant to the Comptroller-General of the General Accounting Office; Robert D. Reischauer, Director of the Congressional Budget Office; Dr. Louis Fisher, Congressional Research Service; and Joseph White, the Brookings Institution.

3. H.R. 1593, Revolving Door Sunshine Act of 1993.

a. Report number and date.-House Report No. 103-354, part 1, November 10, 1993.

b. Summary of measure.-The bill as reported amends the Government in the Sunshine Act to require the President, the Vice President, senior executive branch officials, Members of Congress, and senior congressional staff to report their official contacts with Congress and the executive branch for 5 years after they leave the Federal Government. In addition, they must disclose for 5 years whether they are working for a foreign government, a foreign political party, or a foreign business entity.

c. Legislative status.-H.R. 1593 was introduced on April 1, 1993, and was referred solely to the Committee on Government Operations. On October 28, 1993, the bill, as amended, was ordered reported by the Committee on Government Operations by voice vote. On November 10, 1993, the bill was sequentially referred to the Committee on the Judiciary.

d. Hearings. The Subcommittee on Legislation and National Security held a hearing on the bill on September 30, 1993. Testimony was received from Johnny C. Finch, Assistant Comptroller General, GAO, and Terry L. Draver, senior evaluator, GAO; Donna Edwards of Public Citizen; and Charles Lewis, executive director of the Center for Public Integrity. The subcommittee also received written statements for the record from Ann McBride, senior vice president, Common Cause; and William N. Eskridge, Jr., professor at Georgetown University Law Center.

4. H.R. 1926, National Narcotics Leadership Act Amendments of 1993.

a. Report number and date.-None.

b. Summary of measure.-H.R. 1926 reauthorizes the Office of National Drug Control Policy for fiscal year 1994, and makes substantive changes to the authorities and responsibilities of the office. Specifically, ONDCP can require agencies to include specific initiatives consistent with the National Drug Control Strategy in their budget proposals to OMB; requires thorough evaluation of all domestic and international counternarcotics programs; and makes the Director a member of the National Security Council.

c. Legislative status.-H.R. 1926 was introduced by Chairman Conyers on April 29, 1993, and referred to the Committee on Government Operations. Subsequent to the subcommittee hearings, an amendment in the nature of a substitute to H.R. 1926 was marked up in subcommittee on November 18, 1993, where it passed by unanimous consent on voice vote. H.R. 1926, as amended, was reported out on voice vote by unanimous consent on November 19, 1993 by the Committee on Government Operations.

H.R. 1926 was passed by the House under suspension of the rules on November 21, 1993. (Cong. Rec. H10536, November 21, 1993). The Senate included its version of reauthorization of ONDCP in the crime bill, S. 1067, on November 19, 1993, and subsequently as H.R. 3355 on November 24, 1993. No further legislative action was taken.

d. Hearings.-The Subcommittee on Legislation and National Security held hearings on the reauthorization of ONDCP on October 5, 1993, and on October 14, 1993.

5. H.R. 2238, Federal Acquisition Improvement Act of 1993.

a. Report number and date.-None.

b. Summary of measure.-H.R. 2238 would amend laws relating to Federal procurement, and authorize the functions and activities under the Federal Property and Administrative Services Act of 1949 (see section I.A.3.c.).

c. Legislative status.-H.R. 2238 was introduced by Chairman Conyers, Armed Services Committee Chairman Dellums, and Mr. Clinger on May 24, 1993, and jointly referred to the Committee on Government Operations. The measure was referred to the Legislation and National Security Subcommittee on May 24, 1993. On July 28, 1993, the subcommittee reported H.R. 2238, as amended, to the standing committee. On July 28, 1993 the standing committee reported H.R. 2238, as amended, to the House of Representatives.

d. Hearings. The Legislation and National Security Subcommittee convened a hearing on this measure on May 25, 1993.

6. H.R. 3400, Government Reform and Savings Act of 1993.

a. Report number and date.-None.

b. Summary of measure.-H.R. 3400, the Government Reform and Savings Act of 1993, was submitted by the administration and introduced by Representative Richard Gephardt (D-MI), on October 28, 1993. It was referred jointly to the standing committees of the House of Representatives including Committee on Government Operations, to be reported or discharged out of committee by November 15, 1993.

H.R. 3400 contained the first round of the administration's implementing proposals resulting from the National Performance Review [NPR). The NPR effort to reform government operations was initiated by the administration and lead by Vice President Al Gore. The NPR produced a 124 page report titled, "Creating A Government That Works Better & Costs Less," which contained 384 major recommendations, covering 27 Federal agencies and 14 government systems.

The committee had jurisdiction over title XV, streamlining management controls, title XVI, improving financial management (subtitles A, B, C, D, and E), and title XVII, year-end spending. After holding a legislative hearing, the committee was discharged of H.R. 3400 on November 15, 1993.

c. Legislative status.-The committee was discharged of H.R. 3400 without action on November 15, 1993 to help expedite House passage. H.R. 3400 passed the House of Representatives on November 22, 1993, and was sent to the U.S. Senate where it was referred to the Committee on Governmental Affairs.

d. Hearings.-H.R. 3400, the "Government Reform and Savings Act of 1993," was reviewed in a hearing by the LNS subcommittee on November 8, 1993.

The administration was represented by Philip Lader, Deputy Director for Management at the Office of Management and Budget, who also played a leadership role in the NPR. He was accompanied by Hal Steinberg, the Acting U.S. Controller.

The hearing reviewed the titles within the committee's jurisdiction and addressed the effects and possible outcomes of the proposed reforms.

7. H.R. 3425, Department of Environmental Protection Act.

a. Report number and date.-House Report No. 103-355, November 10, 1993.

b. Summary of measure.-H.R. 3425 redesignates the EPA as the Department of Environmental Protection and sets out the principal officers and principal offices of the new Department. The principal officers of the Department are the Secretary, a Deputy Secretary, 10 Assistant Secretaries, a general counsel, and an inspector general.

Besides elevating EPA to the cabinet, the legislation is intended to correct some serious management deficiencies documented by the EPA inspector general, the General Accounting Office, the House Government Operations Committee, and the House Energy and Commerce Committee. The major management reforms contained in this legislation may save millions of taxpayer dollars and enhance the ability of the Department to fulfill its mission to protect the environment and public health. Major features of the bill include: Reforms to the Department's contracting procedures to improve competition and prevent unallowable charges to the government; requirement for the preparation of a Department business plan with clear performance goals to hold employees accountable to; appointment of a Chief Information Officer to ensure that the Department collects information in an efficient manner and that information system procurements are cost effective; establishment of a Bureau of Environmental Statistics to coordinate the collection and analysis of environmental statistics; expanded access to the Department's information products; establishment of an Office of Environmental Justice to coordinate Department activities; establishment of an Office of Environmental Risk to consider risk reduction in relation to resource availability; improvements in procedures to ensure the integrity of the Department's scientific information; and establishment of procedures to mitigate against potential conflicts of interest on the Department's advisory committees. The intent of the committee in this legislation was not to amend underlying substantive law administered by EPA; nor did the committee seek to legislate new environmental policy.

The Congressional Budget Office estimated the cost of implementing H.R. 3425 at $10-$11 million per year in outlays through 1998. There was no estimated cost to State or local governments. c. Legislative status.-H.R. 3425 was introduced on November 3, 1993. On November 4, 1993, the Legislation and National Security Subcommittee approved H.R. 3425 and reported the bill favorably to the full committee by voice vote, which favorably reported H.R. 3425 by a vote of 31 to 11, with amendments. On November 10, 1993, the committee filed a report on H.R. 3425 (House Report No. 103-355) with minority and additional views. On November 17, 1993, the Committee on Rules reported H. Res. 312 providing_a rule for consideration of H.R. 3425. The House did not act on H.R. 3425 prior to adjournment.