[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 101 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 101

  To establish a National Commission on Executive Organization Reform.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             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

_______________________________________________________________________

                                 A BILL


 
  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.

                                 <all>

S 101 IS----2