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erty Act of 1944, supra, which permits the donation of surplus property to local governments for public airport purposes. We are not aware of any special circumstances justifying additional more favorable treatment to the city of Cheyenne than is available to other cities. which have submitted applications for Federal surplus property, or which have in the past received title to such property upon payment of a monetary consideration.

In the absence of enactment of S. 1718, plans would then be made by GSA for the disposal of the property pursuant to the Federal Property and Administrative Services Act of 1949, as amended, or other applicable statutes. In such case, in accordance with normal practice, our regional office at Denver, Colo., would notify the appropriate State, county, and city officials of the availability of the property. The city could then purchase the property without restrictions at fair market value under the Federal Property and Administrative Services Act of 1949, as amended, or at public discount under the Property Act or other statutes if the property is to be used for special purposes, such as park and recreation, historic monument, public health or educational, or public airport.

The enactment of this measure would result in a financial loss to the Federal Government equivalent to the amount the Government could reasonably expect to realize in the sale or exchange of the property.

The Bureau of the Budget has advised that, from the standpoint of the Administration's program, there is no objection to the submission of this report to your committee.

Sincerely,

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Mr. JACKSON, from the Committee on Government Operations, submitted the following

REPORT

[To accompany S. 1707]

The Committee on Government Operations, to which was referred the bill (S. 1707) to establish a Commission on Government Procurement, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass. The amendments are as follows:

On page 2, line 1, strike out the semicolon and insert in lieu thereof

a comma.

On page 2, line 12, strike out the words "procurement laws, laws, regulations, and directives" and insert in lieu thereof the words "procurement laws, regulations, and directives and in other laws, regulations, and directives relating to or affecting procurement".

Beginning with line 15, page 3, strike out all to and including line 2, page 4, and insert in lieu thereof the following:

SEC. 3. (a) The Commission shall be composed of nine members, including (1) two appointed by the President of the Senate from Members of the Senate (who shall not be members of the same political party), (2) two appointed by the Speaker of the House of Representatives from Members of the House of Representatives (who shall not be members of the same political party), and (3) five appointed by the President of the United States from persons who are not officers or employees of the Federal Government.

On page 4, line 8, strike out the word "Eight" and insert in lieu thereof the word "Five".

Beginning with line 6, page 6, strike out all to and including line 14, page 6, and insert in lieu thereof the following:

SEC. 6. (a) (1) The Commission or any duly authorized subcommittee or member thereof may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpena or otherwise the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission or such subcommittee or member may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. Subpenas may be issued under the signature of the Chairman or Vice Chairman, or any duly designated member, and may be served by any person designated by the Chairman, the Vice Chairman, or such member.

(2) In the case of contumacy or refusal to obey a subpena issued under paragraph (1) of this subsection by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such court upon application made by the Attorney General of the United States, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee or member thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under inquiry. Any failure of any such person to obey any such order of the court may be punished by the court as a contempt thereof.

PURPOSE

S. 1707 would establish a temporary Commission on Government Procurement which would be directed to make a comprehensive study of Federal procurement statutes, policies, and practices, submit a final report of its findings and recommendations to the Congress within 2 years from the date of enactment of the bill, submit interim reports as it deems advisable, and cease to exist 120 days after the submission of its final report.

The bill states, as congressional policy, the promotion of economy, efficiency, and effectiveness in the procurement of goods, services, and facilities by and for the executive branch of the Government, and enumerates 12 policy goals to guide the Commission in the achievement of such policy. The Commission's specific areas of study would include (1) existing Federal procurement statutes; (2) executive branch procurement policies, regulations, rules, practices, and procedures; and (3) the organizations by which such procurement is accomplished to determine to what extent these facilitate the stated policy.

The bill, as amended, provides that the Commission would be composed of nine members and the Comptroller General, or his designee, ex officio. The President of the Senate and the Speaker of the House of Representatives would each appoint two members from their

respective House on a bipartisan basis; and the President of the United States would appoint five members from outside of the Government. The Commission would select a Chairman and a Vice Chairman from among its members; five members would constitute a quorum; and vacancies would not affect its powers and would be filled in the same manner as original appointments.

Commission members from the Congress, and the Comptroller General or his designee, would receive no compensation for their services, but would be allowed necessary travel expenses and other necessary expenses incurred by them in the performance of their duties. Commission members from the private sector would receive compensation at the rate of $100 for each day in which they are engaged in the actual performance of their duties, in addition to reimbursement for travel, subsistence, and other necessary expenses. The Commission, or at its direction, any duly authorized subcommittee or member thereof, would have authority to hold hearings, take testimony, administer oaths and require, by subpena or otherwise, the testimony of witnesses and the production of books, records, correspondence, papers, documents, etc., as it deems advisable; and persons failing to comply with subpena requirements would be subject to judicial action by an appropriate U.S. district court.

The Commission would also have the authority to (1) acquire directly from the head of any Federal agency or department information deemed useful in the discharge of its duties, and all such agencies would be authorized and directed to cooperate with the Commission and to furnish it with all such information requested by its Chairman or Vice Chairman, to the extent permitted by law; (2) appoint and fix the compensation of necessary personnel without regard to laws governing the competitive service; and (3) procure the services of experts and consultants, and negotiate and contract with private organizations and educational institutions to make and prepare required studies and reports. In addition, all agencies and departments would be authorized to provide services to the Commission upon request, on a reimbursable basis or otherwise, pursuant to agreements between the agency concerned and the Chairman or Vice Chairman of the Commission.

EXPLANATION OF AMENDMENTS

The committee adopted several amendments which are designed to improve and strengthen the operations of the Commission and clarify language in the bill. The major amendments deal with the size and composition of the Commission and confer subpena powers upon it.

Section 3 of S. 1707, as introduced, provided for a Commission composed of 14 members and the Comptroller General of the United States, ex officio. The President of the Senate and the Speaker of the House of Representatives were each to appoint four members, two each from their respective Houses on a bipartisan basis, and two each from private life; the President of the United States was to appoint six members, three from the executive branch and three from the private sector.

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