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To establish a National Commission on Executive Organization Reform.

January 21 (legislative day, JANUARY 5), 1993

Mr. GLENN introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

To establish a National Commission on Executive Organization Reform.

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 `Executive Organization Reform Act of 1993'.

(b) PURPOSE- The purpose of this Act is to establish a commission to examine the performance of the Federal Government's public mission and to make recommendations to improve that performance through more effective and efficient management and organization of the executive branch, particularly through the coordination and consolidation of Government activities according to and within major functions, and the elimination of outmoded or duplicative Government activities.

SEC. 2. DEFINITIONS.

For purposes of this Act--

(1) the term `Commission' means the National Commission on Executive Organization Reform; and

(2) the term `executive entity' means any Federal department, agency, quasi-independent agency, independent agency, Government-sponsored enterprise or Government corporation.

SEC. 3. THE NATIONAL COMMISSION ON EXECUTIVE ORGANIZATION.

(a) ESTABLISHMENT- There is established an independent commission to be known as the `National Commission on Executive Organization Reform'.

(b) DUTIES- The Commission shall examine and make recommendations with respect to--

(1) criteria for use by the President and Congress in evaluating proposals to change the structure of the executive branch, including criteria for establishing, altering, or overseeing the structure and organization of any executive entity;

(2) the organization and structure of the executive branch and its entities, including the advisability of reorganizing, consolidating, or abolishing any such entity, and the advisability of establishing any new executive entity;

(3) the organization and delivery of Government services, including the advisability or reorganizing, consolidating or eliminating specific program activities, and the advisability of transferring activities to State or local governments; and

(4) promoting economy, improving performance, and ensuring adequate capacity of executive entities to meet and manage their public missions.

(c) APPOINTMENT-

(1) IN GENERAL- (A) The Commission shall be composed of 12 members.

(B) Appointments to the Commission shall be made by no later than 60 days after the enactment of this Act.

(2) MEMBERSHIP- (A) The President shall appoint 4 members of the Commission who are not employed by the Federal Government or elected to Federal office (referred to as `citizen members'). No more than 2 of the members appointed by the President may be from the same political party as the President.

(B) The Speaker of the House of Representatives shall appoint 2 members, 1 of whom shall be a citizen member and 1 of whom shall be a Member of the House of Representatives.

(C) The Majority Leader of the Senate shall appoint 2 members, 1 of whom shall be a citizen member and 1 of whom shall be a Senator.

(D) The Minority Leader of the House of Representatives shall appoint 2 members, 1 of whom shall be a citizen member and 1 of whom shall be a Member of the House of Representatives.

(E) The Minority Leader of the Senate shall appoint 2 members, 1 of whom shall be a citizen member and 1 of whom shall be a Senator.

(3) CHAIRMAN- The President shall designate 1 member of the Commission, after consultation with the Senate Majority Leader and the Speaker of the House of Representatives, who shall serve as Chairman of the Commission.

(d) TERMS- Each member of the Commission shall serve until the termination 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, but the individual appointed to fill the vacancy shall serve only 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 vested in 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 Director who has not served in Congress or been employed by the executive branch during the 1-year period preceding the date of such appointment.

(2) PAY- The Director shall be paid at 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 that 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 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) FUNDING- There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this Act. Such funds shall remain available until expended.

(l) TERMINATION- The Commission shall terminate 2 years after the date of enactment of this Act.

SEC. 4. COMMISSION REPORT.

(a) REPORT- The Commission shall prepare and transmit a report to the President and Congress no later than 18 months after the first meeting of the Commission. The report shall include--

(1) a description of the Commission's recommendations and reasons for such recommendations; and

(2) statutory language necessary to accomplish such terminations and combinations.

(b) DEPARTMENT AND AGENCY COOPERATION- All Federal departments, agencies, and divisions and employees of all departments, agencies, and divisions shall cooperate fully with all requests for information from the Commission and shall respond to any such requests for information within 30 days or such other time agreed upon by the requesting and requested parties.

SEC. 5. PROCEDURE FOR IMPLEMENTATION OF REPORT.

(a) INITIAL REPORT AND APPEAL PROCEDURE- The report required by section 4(a) shall be delivered to the President and Congress and made available to the public for 90 days after the date the initial report is submitted. During the 90-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- The Commission shall prepare and submit to the President a final report not later than 45 days after the conclusion of the period for public hearings under subsection (a).

(c) REVIEW BY THE PRESIDENT-

(1) IN GENERAL- Not later than 15 days after receipt of the final report pursuant to 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 approval 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 at its discretion based on such issues and objections. Not later than 30 days after receipt of the President's disapproval pursuant to paragraph (3), the Commission shall submit the final report (as modified if modified) to the Congress for approval pursuant to section 6.

SEC. 6. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

(a) DEFINITIONS- For purposes of this section--

(1) the term `joint resolution' means only a joint resolution which is introduced within the 10-session day period beginning on the date on which the President or the Commission transmits the report to the Congress under section 5(c) (2) or (3), and--

(A) which does not have a preamble;

(B) the matter after the resolving clause of which is as follows: `That Congress approves the recommendations of the Federal Government Streamlining Commission as submitted by the President on as follows:', the blank space being filled in with the appropriate date and the matter after the colon being the report; and

(C) the title of which is as follows: `Joint resolution approving the report of the Federal Government Streamlining Commission.'; and

(2) the term `session day' means a day that both the Senate and the House of Representatives are in session.

(b) REFERRAL- A joint resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Government Operations of the House of Representatives. A joint resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Governmental Affairs of the Senate.

(c) DISCHARGE- If the committee to which a joint resolution described in subsection (a) is referred has not reported such joint resolution by the end of the 5-session day period beginning on the date of introduction of a joint resolution pursuant to subsection (a), such committee shall be, at the end of such period, discharged from further consideration of such joint resolution, and such joint resolution 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 joint resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a joint resolution, 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 joint resolution (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 joint resolution (and against consideration of the joint resolution) 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 joint resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the respective House until disposed of.

(2) DEBATE- Debate on the joint resolution, 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 joint resolution 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 joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order.

(3) FINAL PASSAGE- Immediately following the conclusion of the debate on a joint resolution described in subsection (a) 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 joint resolution 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 a joint resolution described in subsection (a) shall be decided without debate.

(e) CONSIDERATION BY OTHER HOUSE-

(1) IN GENERAL- If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:

(A) The joint resolution 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 a joint resolution described in subsection (a) of the House receiving the joint resolution--

(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

(ii) the vote on final passage shall be on the joint resolution of the other House.

(2) FINAL DISPOSITION- Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution 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 a joint resolution 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. 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 in which the program or agency is to be closed or consolidated shall be responsible for the act of implementation and shall proceed with the recommendations contained in the report as provided in subsection (b).

(b) DEPARTMENTS AND AGENCIES- After the approval of the Commission's report under section 5, each affected Federal department and agency as a part of its annual budget request shall transmit to the appropriate committees of Congress its schedule of closures and combinations to be carried out under the Commission's report for the fiscal year for which the closure or combination is to be accomplished. In addition, the Secretary's report shall contain an estimate of the total expenditures required and the cost savings to be achieved by each closure along with the Secretary's assessment of the effect of the action. The report shall also include a report of the programs and agencies consolidated or transferred to another department as the result of the consolidations with an assessment of the effect of the action.

(c) GAO OVERSIGHT- The Comptroller General shall have oversight responsibility over the implementation of the Commission's report. 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 pursuant to the report of the Commission shall be--

(1) applied to reduce the Federal deficit; and

(2) deposited in the Treasury and treated as general receipts.

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