[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 432 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 432
To establish a commission to make the Federal Government more effective
by promoting economy, efficiency, and consistency in Government
programs and services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24 (legislative day, January 5), 1993
Mr. Lieberman (for himself and Mr. Kerrey) introduced the following
bill; which was read twice and referred to the Committee on
Governmental Affairs
_______________________________________________________________________
A BILL
To establish a commission to make the Federal Government more effective
by promoting economy, efficiency, and consistency in Government
programs and services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Federal Government
Streamlining and Efficiency Act of 1993''.
(b) Purpose.--The purpose of this Act is to make the Federal
Government more effective by consolidating or eliminating redundant or
obsolete programs or agencies, and promoting economy, efficiency, and
consistency in Government programs and services.
SEC. 2. THE COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the Commission for a Government That Works (hereafter in
this Act referred to as the ``Commission'').
(b) Duties.--The Commission shall carry out the duties specified
for it in this Act.
(c) Appointment.--
(1) In general.--(A) The Commission shall be composed of 14
members.
(B) Appointments to the Commission shall be made by no
later than 30 days after the date of the enactment of this Act.
(2) Membership.--(A) The President shall appoint 4 members
to the Commission, of whom 2 shall not be employed by the
Federal Government or elected to Federal office at the time of
appointment (hereafter in this Act referred to as ``citizen
members'').
(B) The Speaker of the House of Representatives shall
appoint 3 members, of whom--
(i) 2 shall be citizen members; and
(ii) 1 shall be a Member of the House of
Representatives.
(C) The Majority Leader of the Senate shall appoint 3
members, of whom--
(i) 2 shall be citizen members; and
(ii) 1 shall be a Senator.
(D) The Minority Leader of the House of Representatives
shall appoint 2 members, of whom--
(i) 1 shall be a citizen member; and
(ii) 1 shall be a Member of the House of
Representatives.
(E) The Minority Leader of the Senate shall appoint 2
members, of whom--
(i) 1 shall be a citizen member; and
(ii) 1 shall be a Senator.
(3) Chairman.--The President, after consultation with the
Senate Majority Leader and the Speaker of the House of
Representatives, shall designate 1 member of the Commission who
shall serve as Chairman of the Commission.
(d) Terms.--
(1) In general.--The terms of the first members of the
Commission shall begin on October 1, 1993. The term of each
appointment shall be 2 years. An individual may be appointed to
serve any number of terms on the Commission.
(2) Successive appointments.--Subject to the provisions of
section 5, appointments shall be made to the Commission in
accordance with subsection (c) at the expiration of the terms
of the Commission.
(e) Meetings.--
(1) In general.--The Commission shall meet as necessary to
carry out its responsibilities. The Commission may conduct
meetings outside the District of Columbia when necessary.
(2) Public access.--The provisions of section 552b of title
5, United States Code, shall apply to meetings held by the
Commission.
(f) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment. The individual appointed to
fill the vacancy shall serve for the unexpired portion of the term for
which the individual's predecessor was appointed.
(g) Pay and Travel Expenses.--
(1) Pay.--(A) Each member, other than the Chairman and
Members of Congress, shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day (including travel time)
during which the member is engaged in the actual performance of
duties of the Commission.
(B) The Chairman shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level III of the
Executive Schedule under section 5314 of title 5, United States
Code.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(h) Director of Staff.--
(1) In general.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a Staff
Director.
(2) Pay.--The Director shall be paid at a rate not to
exceed the rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
(i) Staff.--
(1) In general.--Subject to paragraphs (2) and (3), the
Director, with the approval of the Commission, may appoint and
fix the pay of additional personnel.
(2) Appointments without regard to competitive service
limits.--The Director may make such appointments without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and any personnel so
appointed may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that an individual so appointed may not receive pay in
excess of 120 percent of the minimum rate of basic pay payable
for GS-15 of the General Schedule.
(3) Detailees.--Upon request of the Director, the head of
any Federal department or agency may detail any of the
personnel of that department or agency to the Commission to
assist the Commission in carrying out its duties under this
Act.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission with or without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(j) Other Authority.--
(1) Intermittent services.--The Commission may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to
section 3109 of title 5, United States Code.
(2) Leasing and personal property.--The Commission may
lease space and acquire personal property to the extent funds
are available.
(k) Department and Agency Cooperation.--All Federal departments and
agencies shall cooperate fully with all requests for information from
the Commission and shall respond to requests for information by the
Commission within 30 days after a request or such other time as
determined by the Commission.
(l) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for each of the fiscal years 1994 through 2000
to the Commission to carry out its duties under this Act, which shall
remain available until expended.
SEC. 3. PROCEDURES FOR MAKING RECOMMENDATIONS.
(a) In General.--The Commission shall undertake an examination of
Federal agencies and programs, including entitlement programs, and
submit to the President and Congress findings and recommendations
regarding reforms of the organization and operations of the executive
branch of the Federal Government to make Government more effective by
promoting economy, efficiency, and consistency in Government programs
and services. Such recommendations shall include proposals to--
(1) consolidate, eliminate, or reorganize agencies or
programs that--
(A) are outdated and no longer meet their statutory
objectives;
(B) are duplicated by, or are similar to other
programs or agencies in the same or different
departments; and
(C) provide services or benefits which are not
consistent with or counter initiatives in other
agencies or programs;
(2) improve the delivery of Government services to regions,
States, localities, and individuals, including recommendations
to--
(A) consolidate the delivery of services through
coordination of service providers or similar means;
(B) integrate the use of information technologies
to improve management and reduce administrative costs;
and
(C) incorporate marketplace principles of
accountability and competition; and
(3) streamline and coordinate the regulatory process and
regulatory functions of Government agencies and programs.
(b) Report.--No later than January 1, 1995, the Commission shall
prepare and submit a report to the President and Congress which shall
include--
(1) a description of the Commission's recommendations under
subsection (a);
(2) reasons for such recommendations; and
(3) proposed legislation (containing specific language
proposed to be enacted) necessary to implement the Commission's
recommendations to--
(A) consolidate, eliminate, or reorganize programs
or agencies;
(B) improve the delivery of Government services;
and
(C) streamline and coordinate the regulatory
process and regulatory functions of Government agencies
and programs.
SEC. 4. PROCEDURE FOR IMPLEMENTATION OF REPORT.
(a) Initial Report and Review Procedure.--The report required by
section 3(b) shall be submitted to the President and Congress and made
available to the public for 60 days after the date the initial report
is submitted. During the 60-day period, the Commission shall announce
and hold public hearings for the purpose of receiving comments on the
report and any amendments to the report.
(b) Final Report.--No later than 45 days after the conclusion of
the period for public hearings under subsection (a), the Commission
shall prepare and submit a final report to the President .
(c) Review by the President.--
(1) In general.--No later than 15 days after receipt of the
final report under subsection (b), the President shall approve
or disapprove the report.
(2) Approval.--If the report is approved the President
shall submit the report to the Congress for legislative action
under section 6.
(3) Disapproval.--If the President disapproves the final
report, the President shall report specific issues and
objections, including the reasons for any changes recommended
in the report, to the Commission and the Congress.
(4) Final report after disapproval.--The Commission shall
consider any issues or objections raised by the President and
may modify the report based on such issues and objections. No
later than 30 days after receipt of the President's disapproval
under paragraph (3), the Commission shall submit the final
report (as modified if modified) to the Congress for
legislative action under section 6.
SEC. 5. RENEWAL OF THE COMMISSION.
(a) In General.--(1) If, after completion of congressional
consideration of the Commission report, the President finds that a
renewal of the Commission would make a constructive and beneficial
contribution to improving the organization and operations of the
executive branch of the Government, the Commission shall be renewed for
a 2-year period. The terms of the members of the renewed Commission
shall begin at the conclusion of the terms of the members of the
previous Commission under section 2(d).
(2) If the Commission is not renewed under paragraph (1), the
Commission shall terminate at the conclusion of the terms of the
members under section 2(d).
(b) Subsequent Reports.--A renewed Commission shall submit a
report, in accordance with the provisions of this Act, on January 1 of
the first odd-numbered year following its renewal.
(c) Termination.--The Commission shall terminate on October 1,
1999, and shall not be renewed after such date.
SEC. 6. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Definitions.--For purposes of this section--
(1) the term ``implementation bill'' means only a bill
which is introduced as provided under subsection (b), and
contains the proposed legislation contained in the final report
submitted to the Congress under section 4(c) (2) or (4) without
modification; and
(2) the term ``session day'' means a day that both the
Senate and the House of Representatives are in session.
(b) Introduction and Referral.--
(1) Introduction.--On the first session day on or
immediately following the date on which a final report is
submitted to the Congress under section 4(c) (2) or (4), an
implementation bill shall be introduced--
(A) in the Senate by the Majority Leader of the
Senate, for himself, the Minority Leader of the Senate,
or by Members of the Senate designated by the Majority
Leader and Minority Leader of the Senate; and
(B) in the House of Representatives by the Majority
Leader of the House of Representatives, for himself and
the Minority Leader of the House of Representatives, or
by Members of the House of Representatives designated
by the Majority Leader and Minority Leader of the House
of Representatives.
(2) Referral.--The implementation bill introduced in the
Senate shall be referred concurrently to the Committee on
Governmental Affairs of the Senate, and other committees with
jurisdiction. The implementation bill introduced in the House
of Representatives shall be referred concurrently to the
Committee on Government Operations of the House of
Representatives, and other committees with jurisdiction.
(c) Discharge.--If the committee to which an implementation bill is
referred has not reported such bill by the end of the 15 calendar day
period beginning on the date of introduction of such bill, such
committee shall be, at the end of such period, discharged from further
consideration of such bill, and such bill shall be placed on the
appropriate calendar of the House involved.
(d) Consideration.--
(1) In general.--On or after the fifth session day after
the date on which the committee to which such a bill is
referred has reported, or has been discharged (under subsection
(c)) from further consideration of, such a bill, it is in order
(even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move to
proceed to the consideration of the implementation bill (but
only on the day after the calendar day on which such Member
announces to the House concerned the Member's intention to do
so). All points of order against the implementation bill (and
against consideration of the implementation bill) are waived.
The motion is highly privileged in the House of Representatives
and is privileged in the Senate and is not debatable. The
motion is not subject to amendment, or to a motion to postpone,
or to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a motion
to proceed to the consideration of the implementation bill is
agreed to, the respective House shall immediately proceed to
consideration of the implementation bill without intervening
motion, order, or other business, and the implementation bill
shall remain the unfinished business of the respective House
until disposed of.
(2) Debate.--Debate on the implementation bill, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between the Majority Leader and the Minority Leader or
their designees. An amendment to the implementation bill is not
in order. A motion further to limit debate is in order and not
debatable. A motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
implementation bill is not in order. A motion to reconsider the
vote by which the implementation bill is agreed to or disagreed
to is not in order.
(3) Final passage.--Immediately following the conclusion of
the debate on an implementation bill and a single quorum call
at the conclusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final passage
of the implementation bill shall occur.
(4) Appeals from chair.--Appeals from the decisions of the
Chair relating to the application of the rules of the Senate or
the House of Representatives, as the case may be, to the
procedure relating to an implementation bill shall be decided
without debate.
(e) Consideration by Other House.--
(1) In general.--If, before the passage by one House of an
implementation bill of that House described in subsection (a),
that House receives from the other House an implementation bill
described in subsection (a), then the following procedures
shall apply:
(A) The implementation bill of the other House
shall not be referred to a committee and may not be
considered in the House receiving it except in the case
of final passage as provided in subparagraph (B)(ii).
(B) With respect to an implementation bill
described in subsection (a) of the House receiving such
bill--
(i) the procedure in that House shall be
the same as if no implementation bill had been
received from the other House; but
(ii) the vote on final passage shall be on
the implementation bill of the other House,
except that if the implementation bill is a
bill for the raising of revenue, the vote of
final passage shall be upon the implementation
bill which originates in the House of
Representatives.
(2) Final disposition.--Upon disposition of the
implementation bill received from the other House, it shall no
longer be in order to consider the implementation bill that
originated in the receiving House.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 7. IMPLEMENTATION.
(a) Responsibility for Implementation.--The Director of the Office
of Management and Budget shall have primary responsibility for
implementation of the Commission's report and the Act enacted under
section 6 (unless such Act provides otherwise). The Director of the
Office of Management and Budget shall notify and provide direction to
heads of affected departments, agencies, and programs. The head of an
affected department, agency, or program shall be responsible for
implementation and shall proceed with the recommendations contained in
the report as provided under subsection (b).
(b) Departments and Agencies.--After the enactment of an Act under
section 6, each affected Federal department and agency as a part of its
annual budget request shall transmit to the appropriate committees of
Congress its schedule for implementation of the provisions of the Act
for each fiscal year. In addition, the Secretary's report shall contain
an estimate of the total expenditures required and the cost savings to
be achieved by each action, along with the Secretary's assessment of
the effect of the action. The report shall also include a report of the
programs and agencies that have been eliminated and programs and
agencies that have been consolidated or transferred to other
departments.
(c) GAO Oversight.--The Comptroller General shall have oversight
responsibility over the implementation of the Commission's report and
the Act enacted under section 6. The Comptroller General shall
periodically report to the Congress and the President regarding the
accomplishment, the costs, the timetable, and the effectiveness of the
implementation process.
SEC. 8. DISTRIBUTION OF ASSETS.
Any proceeds from the sale of assets of any department or agency
resulting from the enactment of an Act under section 6 shall be--
(1) applied to reduce the Federal deficit; and
(2) deposited in the Treasury and treated as general
receipts.
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S 432 IS----2