[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 15 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 15

            To establish a Commission on Government Reform.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

Mr. Roth (for himself and Mr. Campbell) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
            To establish a Commission on Government 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 FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Reinventing 
Government Act''.
    (b) Findings.--
            The Congress finds that the American people face a crisis 
        of confidence in the Federal Government that cannot be remedied 
        without dramatic and fundamental reform. Recent polls indicate 
        that an all-time low of only 17 percent of the public approves 
        of Congress, that 78 percent are dissatisfied or angry about 
        the Federal Government, and that Americans think an average of 
        48 cents out of every dollar in Federal taxes is wasted. While 
        the American people are demanding more performance from their 
        Government for less money, Congress and the executive branch 
        still debate the same old options of fewer services or higher 
        taxes.
            The Federal Government has many talented and hardworking 
        employees whose effectiveness is hindered by existing 
        organizations and operations. Such organizations have too often 
        become inefficient and have structures and missions not 
        reflecting current domestic and international priorities. These 
        organizations were developed during the industrial era and have 
        large, centralized bureaucracies, a preoccupation with rules 
        and regulations, and a hierarchical chain of command. Such 
        governmental organizations are so obsessed with regulating 
        processes and procedures that they have ignored the outcomes of 
        their programs.
            Unlike the Federal Government, American corporations have 
        spent the last decade making revolutionary changes by 
        streamlining their organizations, decentralizing authority, 
        flattening hierarchies, focusing on quality, and emphasizing 
        responsiveness to the customer. State and local governments 
        have also begun to apply those same principles of post-
        industrial organization and uses of technology in successful 
        efforts aimed at reinventing government. There is now a crucial 
        need for a serious examination of how the Federal Government 
        might apply such organizational and operational reforms to its 
        own institutions.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) ``Commission'' means the Commission on Government 
        Reform established by section 3.
            (2) ``executive entities'' includes all Federal 
        departments, independent agencies, Government-sponsored 
        enterprises, and Government corporations.

SEC. 3. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Commission on Government Reform''.
    (b) Duties.--The Commission shall carry out the duties specified 
for it in this Act.
    (c) Appointment.--(1) The Commission shall be bipartisan, composed 
of 9 members appointed by the President, by and with the advice and 
consent of the Senate, of whom there must be at least 4 members from 
each of the two major political parties.
    (2) The President shall transmit to the Senate the nominations for 
the appointment to the Commission not later than 60 days after the date 
of enactment of this Act.
    (3) In selecting nominees for appointment to the Commission, the 
President shall consult with--
            (A) the Speaker of the House of Representatives;
            (B) the majority leader of the Senate;
            (C) the minority leader of the House of Representatives; 
        and
            (D) the minority leader of the Senate.
    (4) When the President submits to the Congress nominations for 
appointment to the Commission, the President shall designate 1 nominee 
to serve as chairman of the Commission.
    (d) Terms.--Each member of the Commission appointed under paragraph 
(1)(A) shall serve until the termination of the Commission.
    (e) Meetings.--(1) Each meeting of the Commission, except a meeting 
in which classified information is to be discussed, shall be open to 
the public.
    (2) All the proceedings, information, and deliberations of the 
Commission shall be open, upon request, to the chairman and the ranking 
minority member of the Committee on Governmental Affairs of the Senate 
and the chairman and the ranking minority member of the Committee on 
Government Operations of the House of Representatives.
    (f) Vacancies.--A vacancy on the Commission shall be filled in the 
same manner as was the original appointment.
    (g) Pay and Travel Expenses.--(1)(A) The chairman of the Commission 
shall be paid 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, for each 
day (including traveltime) during which the chairman is engaged in the 
performance of duties vested in the Commission.
    (B) Each member of the Commission other than the chairman 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 
traveltime) during which the member is engaged in the performance of 
duties vested in the Commission.
    (2) Members of the Commission 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 and Staff.--(1) The Commission shall appoint a 
director of the Commission without regard to section 5311(b) of title 
5, United States Code.
    (2) 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) The Director may, with the approval of the 
Commission, appoint and fix the pay of employees of the Commission 
without regard to the provisions of title 5, United States Code, 
governing appointment in the competitive service, and any Commission 
employee 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 a Commission employee may 
not receive pay in excess of the annual rate of basic pay payable for 
level V of the Executive Schedule under section 5316 of title 5, United 
States Code.
    (2) Upon request of the director, the head of any Federal 
department or agency may detail any of the personnel of the department 
or agency to the Commission to assist the Commission in carrying out 
its duties under this title.
    (3) The Comptroller General of the United States shall provide 
assistance, including the detailing of employees, to the Commission in 
accordance with an agreement entered into with the Commission.
    (j) Other Authority.--(1) The Commission may procure by contract 
the temporary or intermittent services of experts or consultants 
pursuant to section 3109 of title 5, United States Code.
    (2) The Commission may lease space and acquire personal property to 
the extent that funds are available for that purpose.
    (k) Funding.--There are authorized to be appropriated to the 
Commission such sums as are necessary to enable the Commission to carry 
out its duties under this Act, such sums to remain available until 
expended.
    (l) Termination.--The Commission shall terminate 2 years after the 
date of enactment of this Act.

SEC. 4. PROCEDURES FOR MAKING RECOMMENDATIONS.

    (a) In General.--The Commission shall transmit to the President 
findings and recommendations regarding reforms of the organization and 
operations of the executive branch of the Federal Government that would 
improve governmental performance while minimizing costs. Such 
recommendations shall promote economy, efficiency, and improved service 
in the transaction of the public business, and shall include ways to--
            (1) define program missions in terms of measurable 
        outcomes, emphasizing quality of service, customer 
        satisfaction, and result-oriented accountability;
            (2) reform personnel and management systems so as to 
        improve morale, inspire initiative, maximize productivity and 
        effectiveness, promote personal accountability, and reward 
        excellence;
            (3) increase program responsiveness by reducing paperwork 
        and procedural requirements and increasing managerial 
        discretion, in return for greater accountability for achieving 
        results;
            (4) consolidate and streamline departments, agencies, and 
        programs so as to reduce costs, minimize hierarchy, and focus 
        responsibility;
            (5) reduce the size of the Federal work force through 
        attrition and redirect funding toward improved training and 
        rewarding excellence in the work force;
            (6) promote the application of new information technologies 
        to improve management and reduce administrative costs;
            (7) consolidate Federal grant programs to State and local 
        governments and establish criteria for awarding grants on the 
        basis of performance;
            (8) develop procedures for the substantive review and 
        reauthorization of each Federal program at least once every 5 
        years; and
            (9) develop mechanisms to promote greater cooperation and 
        coordination between the legislative and executive branches and 
        greater attention to the long-term impacts of budgetary and 
        policy decisions.
    (b) Action by the Congress, Comptroller General, and the Director 
of the Office of Management and Budget.--The Comptroller General of the 
United States and the Director of the Office of Management and Budget 
shall--
            (1) assist the Commission, to the extent requested, in the 
        Commission's review and analysis of the matters described in 
        subsection (a); and
            (2) not later than January 1, 1994, transmit to the 
        Congress and to the Commission a report containing a detailed 
        analysis of any findings and statutory recommendations they may 
        choose to offer.
    (c) Reports.--Not later than June 1, 1994, the Commission shall 
transmit to the President and Congress not more than 5 reports 
containing the Commission's findings and statutory recommendations for 
the restructuring of, or improving the operations of, governmental 
entities.
    (d) Underlying Information.--After June 1, 1994, the Commission 
shall, upon request, promptly provide to any member of Congress 
information used by the Commission in making its findings and statutory 
recommendations.
    (e) Reports by the President.--(1) Not later than July 1, 1994, the 
President shall transmit to the Commission and Congress separate 
reports containing the President's approval or disapproval of the 
Commission's reports made pursuant to subsection (c).
    (2) If the President approves a report of the Commission, the 
President shall transmit a copy of the report to the Congress, together 
with a certification of the approval.
    (3) If the President disapproves a report of the Commission, in 
whole or in part--
            (A) the President shall transmit to the Commission and 
        Congress the reasons for the disapproval; and
            (B) not later than July 15, 1994, the Commission shall 
        transmit to the President a revised report containing revised 
        findings and statutory recommendations.
    (4) If the President approves a revised report of the Commission 
submitted to the President pursuant to paragraph (3)(B), the President 
shall transmit to Congress a copy of the revised report together with a 
certification of such approval.
    (5) If the President does not transmit to the Congress an approval 
and certification of a report or reports by August 1, 1994, the process 
by which the report or reports of the Commission are to be implemented 
shall be terminated.

SEC. 5. IMPLEMENTATION OF COMMISSION RECOMMENDATIONS FOR THE EXECUTIVE 
              BRANCH.

    (a) In General.--Subject to subsection (b), the President shall--
            (1) restructure and improve the operation of all executive 
        branch organizations recommended for reform by the Commission 
        in its reports transmitted to the Congress by the President 
        pursuant to section 4 (c) and (e);
            (2) initiate all such restructuring and improvements not 
        later than 2 years after the date on which the President 
        transmits a report to the Congress pursuant to section 4 (c) 
        and (e) containing such restructurings and improvements; and
            (3) complete all such restructurings and improvements not 
        later than the end of the 6-year period beginning on the date 
        on which the President transmits the report pursuant to section 
        4 (c) and (e) containing such restructurings and improvements.
    (b) Congressional Disapproval.--
            (1) In general.--The President may not carry out any 
        restructuring and improvements recommended by the Commission in 
        a report transmitted from the President pursuant to section 4 
        (c) and (e) if a joint resolution is enacted, in accordance 
        with subsection (c), disapproving the recommendations of the 
        Commission before the earlier of--
                    (A) the end of the 30-day period beginning on the 
                date on which the President transmits the report; or
                    (B) the adjournment of Congress sine die for the 
                session during which the report is transmitted.
            (2) Congress not in session.-- For the purposes of 
        paragraph (1) and subsection (c) (1) and (3), the days on which 
        either the House of Representatives or the Senate is not in 
        session because of an adjournment of more than 3 days to a day 
        certain shall be excluded in the computation of a period.
    (c) Congressional Consideration of Commission Report.--
            (1) Terms of the resolution.--For the purposes of 
        subsection (b), the term ``joint resolution'' means a joint 
        resolution that--
                    (A) is introduced within the 5-day period beginning 
                on the date on which the President transmits a report 
                to the Congress under section 4 (c) and (e);
                    (B) does not have a preamble;
                    (C) states after the resolving clause ``That 
                Congress disapproves the recommendations of the 
                Commission on Government Reform submitted by the 
                President on         '', the blank space being filled 
                in with the appropriate date; and
                    (D) is entitled a ``Joint resolution disapproving 
                the recommendations of the Commission on Government 
                Reform.''.
            (2) Referral.--(A) A resolution described in paragraph (1) 
        that is introduced in the House of Representatives shall be 
        referred to the Committee on Government Operations of the House 
        of Representatives.
            (B) A resolution described in paragraph (1) that is 
        introduced in the Senate shall be referred to the Committee on 
        Governmental Affairs of the Senate.
            (3) Discharge.--If the committee to which a resolution 
        described in paragraph (1) is referred has not reported the 
        resolution (or an identical resolution) by the end of the 20-
        day period beginning on the date on which the President 
        transmits the report to the Congress under section 4 (c) and 
        (e), such committee shall, at the end of that period, be 
        discharged from further consideration of the resolution, and 
        the resolution shall be placed on the appropriate calendar of 
        the House of Representatives or the Senate, as the case may be.
            (4) Consideration.--(A)(i) On or after the third day after 
        the date on which the committee to which a joint resolution 
        described in paragraph (1) is referred has reported, or has 
        been discharged (under paragraph (3)) from further 
        consideration of, such a resolution, it is in order (even 
        though a previous motion to the same effect has been disagreed 
        to) for any member of the House of Representatives or the 
        Senate, respectively, to move to proceed to the consideration 
        of the resolution (but only on the date after the calendar day 
        on which the member announces to the House concerned the 
        member's intention to do so).
            (ii) All points of order against a resolution described in 
        paragraph (1) (and against consideration of the resolution) are 
        waived.
            (iii)(I) A motion to proceed to the consideration of a 
        joint resolution described in paragraph (1) is highly 
        privileged in the House of Representatives and is privileged in 
        the Senate and is not debatable.
            (II) A motion described in subclause (I) is not subject to 
        amendment, to a motion to postpone consideration of the 
        resolution, or to a motion to proceed to the consideration of 
        other business.
            (III) A motion to reconsider the vote by which a motion 
        described in subclause (I) is agreed to or not agreed to shall 
        not be in order.
            (IV) If a motion described in subclause (I) is agreed to, 
        the House of Representatives or the Senate, as the case may be, 
        shall immediately proceed to consideration of the joint 
        resolution without intervening motion, order, or other 
        business, and the resolution shall remain the unfinished 
        business of the House of Representatives or the Senate, as the 
        case may be, until disposed of.
            (B)(i) Debate on a joint resolution described in paragraph 
        (1) and on all debatable motions and appeals in connection 
        therewith shall be limited to not more than 5 hours, which 
        shall be divided equally between those favoring and those 
        opposing the resolution.
            (ii) An amendment to a joint resolution described in 
        paragraph (1) is not in order.
            (iii) A motion further to limit debate on a joint 
        resolution described in paragraph (1) is in order and not 
        debatable.
            (iv) A motion to postpone consideration of a joint 
        resolution described in paragraph (1), a motion to proceed to 
        the consideration of other business, or a motion to recommit 
        the resolution is not in order.
            (v) A motion to reconsider the vote by which a resolution 
        described in paragraph (1) is agreed to or not agreed to is not 
        in order.
            (C) Immediately following the conclusion of the debate on a 
        joint resolution described in paragraph (1) and a single quorum 
        call at the conclusion of the debate if requested in accordance 
        with the rules of the House of Representatives or the Senate, 
        as the case may be, the vote on final passage of the resolution 
        shall occur.
            (D) Appeals from the decisions of the Chair relating to the 
        application of the rules of the House of Representatives or of 
        the Senate, as the case may be, to the procedure relating to a 
        joint resolution described in paragraph (1) shall be decided 
        without debate.
            (5) Consideration by other house.--(A) If, before the 
        passage by one House of a joint resolution described in 
        paragraph (1) that was introduced in that House, that House 
        receives from the other House a joint resolution described in 
        paragraph (1)--
                    (i) the resolution of the other House shall not be 
                referred to a committee and may not be considered in 
                the House that receives it otherwise than on final 
                passage under clause (ii)(II); and
                    (ii)(I) the procedure in the House that receives 
                such a resolution with respect to such a resolution 
                that was introduced in that House shall be the same as 
                if no resolution had been received from the other 
                House; but
                    (II) the vote on final passage shall be on the 
                resolution of the other House.
            (B) Upon disposition of a joint resolution described in 
        paragraph (1) that is received by one House from the other 
        House, it shall no longer be in order to consider such a 
        resolution that was introduced in the receiving House.
            (6) Rules of the senate and house of representatives.--This 
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and House of Representatives, respectively, and 
                is deemed to be 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 paragraph (1), and it 
                supersedes other rules only to the extent that it is 
                inconsistent with such rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                they relate 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.

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