[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.

                                 <all>

S 432 IS----2