[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 577 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 577

To increase the efficiency and effectiveness of the Federal Government, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 1997

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

_______________________________________________________________________

                                 A BILL


 
To increase the efficiency and effectiveness of the Federal Government, 
                        and for other purposes.

    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 ``Government 
Restructuring and Reform Act of 1997''.
    (b) Purpose.--The purpose of this Act is to increase the efficiency 
and effectiveness of the Federal Government by consolidating redundant 
programs, departments and agencies, eliminating obsolete programs, 
departments and agencies, streamlining operations, improving management 
and personnel systems, and promoting economy, efficiency, consistency, 
and accountability in Government programs and services.

SEC. 2. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the Commission on Government Restructuring and Reform 
(hereafter in this Act referred to as the ``Commission'').
    (b) Duties.--The Commission shall examine and make recommendations 
to reform and restructure the organization and operations of the 
executive branch of the Federal Government to improve economy, 
efficiency, effectiveness, consistency, and accountability in 
Government programs and services, and shall include and be limited to 
proposals to--
            (1) consolidate, eliminate, or reorganize programs, 
        departments and agencies in order to--
                    (A) improve the effective implementation of their 
                statutory missions;
                    (B) eliminate activities not essential to the 
                effective implementation of statutory missions; or
                    (C) reduce the duplication of activities among 
                agencies;
            (2) improve and strengthen management capacity in 
        departments and agencies (including central management 
        agencies) to maximize productivity, effectiveness, and 
        accountability;
            (3) propose criteria for use by the President and Congress 
        in evaluating proposals to establish, or to assign a function 
        to, an executive entity, including a Government corporation or 
        Government-sponsored enterprise; and
            (4) define the missions, roles, and responsibilities of any 
        new, reorganized, or consolidated department or agency proposed 
        by the Commission.
    (c) Limitations on Commission Recommendations.--The Commission's 
recommendations or proposals under this Act may not provide for or have 
the effect of--
            (1) continuing an agency beyond the period authorized by 
        law for its existence;
            (2) continuing a function beyond the period authorized by 
        law for its existence;
            (3) authorizing an agency to exercise a function which is 
        not already being performed by any agency;
            (4) eliminating the enforcement functions of an agency, 
        except such functions may be transferred to another executive 
        department or independent agency; or
            (5) adding, deleting, or changing any rule of either House 
        of Congress.
    (d) Appointment.--
            (1) Composition.--
                    (A) The Commission shall be composed of 9 members. 
                No more than 5 members shall be affiliated with any one 
                political party.
                    (B) Three members shall be appointed by the 
                President, one of whom the President shall designate as 
                the Chairman of the Commission in consultation with the 
                congressional leadership of both political parties.
                    (C) One member shall be appointed by the Majority 
                Leader and one by the Minority Leader of the Senate. 
                One member shall be appointed by the Speaker and one by 
                the Minority Leader of the House of Representatives. 
                One member shall be appointed by the Speaker of the 
                House of Representatives in concurrence with the 
                Majority Leader of the Senate. One member shall be 
                appointed by the Minority Leader of the Senate in 
                concurrence with the Minority Leader of the House of 
                Representatives.
            (2) Membership.--A member of the Commission may be any 
        citizen of the United States, including any elected or 
        appointed public official, career civil servant, or private 
        citizen.
            (3) Conflict of interests.--For purposes of the provisions 
        of chapter 11 of part I of title 18, United States Code, a 
        member of the Commission (to whom such provisions would not 
        otherwise apply except for this paragraph) shall be a special 
        Government employee.
            (4) Date of appointments.--All members of the Commission 
        shall be appointed within 90 days after the date of enactment 
        of this Act.
    (e) Terms.--Each member shall serve until the termination of the 
Commission.
    (f) Vacancies.--A vacancy on the Commission shall be filled in the 
same manner as was the original appointment.
    (g) Meetings.--The Commission shall meet as necessary to carry out 
its responsibilities. The Commission may conduct meetings outside the 
District of Columbia when necessary.
    (h) Pay and Travel Expenses.--
            (1) Pay.--(A) Except for an individual who is chairman of 
        the Commission and is otherwise a Federal officer or employee, 
        the chairman 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) Except for the chairman who shall be paid as provided 
        under subparagraph (A), each member of the Commission who is 
        not a Federal officer or employee 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) Travel.--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.
    (i) Director.--
            (1) Appointment.--The Chairman of the Commission shall 
        appoint a Director of the Commission without regard to section 
        5311(b) of title 5, United States Code.
            (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.
    (j) Staff.--
            (1) Appointment.--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) Detail.--(A) 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 
        Act.
            (B) Upon request of the Director, a Member of Congress or 
        an officer who is the head of an office of the Senate or House 
        of Representatives may detail an employee of the office or 
        committee of which such Member or officer is the head to the 
        Commission to assist the Commission in carrying out its duties 
        under this Act.
            (C) 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.
    (k) Support.--
            (1) Support services.--The Office of Management and Budget 
        shall provide support services to the Commission.
            (2) Assistance.--The Comptroller General of the United 
        States may provide assistance, including the detailing of 
        employees, to the Commission in accordance with an agreement 
        entered into with the Commission.
    (l) Other Authority.--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. The Commission shall give public notice of any such 
contract before entering into such contract.
    (m) Application of Federal Advisory Committee Act.--The Commission 
shall be subject to the provisions of the Federal Advisory Committee 
Act (5 U.S.C. App.).
    (n) Funding.--There are authorized to be appropriated to the 
Commission $5,000,000 for fiscal year 1998 and $5,000,000 for fiscal 
year 1999 to enable the Commission to carry out its duties under this 
Act.
    (o) Termination.--The Commission shall terminate no later than 
October 1, 1999.

SEC. 3. DEFINITION.

    For purposes of this Act the term ``agency'' includes all Federal 
departments, independent agencies, Government-sponsored enterprises, 
and Government corporations.

SEC. 4. PROCEDURES FOR MAKING RECOMMENDATIONS.

    (a) Presidential Recommendations.--No later than July 1, 1998, the 
President may submit to the Commission a report making recommendations 
consistent with the criteria under section 2(b)(1). Such a report shall 
contain a single legislative proposal (including legislation proposed 
to be enacted) to implement those recommendations for which legislation 
is necessary or appropriate.
    (b) In General.--No later than December 1, 1998, the Commission 
shall prepare and submit a single preliminary report to the President 
and Congress, which shall include--
            (1) a description of the Commission's findings and 
        recommendations, taking into account any recommendations 
        submitted by the President to the Commission under subsection 
        (a); and
            (2) reasons for such recommendations.
    (c) Commission Votes.--No legislative proposal or preliminary or 
final report (including a final report after disapproval) may be 
submitted by the Commission to the President and the Congress without 
the affirmative vote of at least 6 members.
    (d) 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 
expeditiously, or no later than 15 calendar days or such other time 
agreed upon by the requesting and requested parties.

SEC. 5. PROCEDURE FOR IMPLEMENTATION OF REPORTS.

    (a) Preliminary Report and Review Procedure.--Any preliminary 
report submitted to the President and Congress under section 4(b) shall 
be made immediately available to the public. During the 60-day 
period beginning on the date on which the preliminary report is 
submitted, the Commission shall announce and hold public hearings for 
the purpose of receiving comments on the reports.
    (b) Final Report.--No later than 6 months after the conclusion of 
the period for public hearing under subsection (a), the Commission 
shall prepare and submit a final report to the President. Such report 
shall be made available to the public on the date of submission to the 
President. Such report shall include--
            (1) a description of the Commission's findings and 
        recommendations, including a description of changes made to the 
        report as a result of public comment on the preliminary report;
            (2) reasons for such recommendations; and
            (3) a single legislative proposal (including legislation 
        proposed to be enacted) to implement those recommendations for 
        which legislation is necessary or appropriate.
    (c) Extension of Final Report.--By affirmative vote pursuant to 
section 4(c), the Commission may extend the deadline under subsection 
(b) by a period not to exceed 90 days.
    (d) Review by the President.--
            (1) In general.--No later than 30 calendar days after 
        receipt of a 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 a 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 calendar days after receipt of the President's 
        disapproval under paragraph (3), the Commission shall submit 
        the final report (as modified if modified) to the President and 
        to the Congress.

SEC. 6. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.

    (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 included in the final report 
        submitted to the Congress under section 5(d) (2) or (4), 
        without modification; and
            (2) the term ``calendar day of session'' means a calendar 
        day other than one on which either House is not in session 
        because of an adjournment of more than three days to a date 
        certain.
    (b) Introduction, Referral, and Report or Discharge.--
            (1) Introduction.--On the first calendar day of session on 
        which both Houses are in session, on or immediately following 
        the date on which a final report is submitted to the Congress 
        under section 5(d) (2) or (4), a single implementation bill 
        shall be introduced (by request)--
                    (A) in the Senate by the Majority Leader of the 
                Senate, for himself and 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 bills introduced under 
        paragraph (1) shall be referred to the appropriate committee of 
        jurisdiction in the Senate and the appropriate committees of 
        jurisdiction in the House of Representatives. A committee to 
        which an implementation bill is referred under this paragraph 
        may report such bill to the respective House with amendments 
        proposed to be adopted. No such amendment may be proposed 
        unless such proposed amendment is relevant to such bill.
            (3) Report or discharge.--If any committee to which an 
        implementation bill is referred has not reported such bill by 
        the end of the 30th calendar day of session after the date of 
        the introduction of such bill, such committee shall be 
        immediately discharged from further consideration of such bill, 
        and upon being reported or discharged from all committees, such 
        bill shall be placed on the appropriate calendar.
    (c) Senate Consideration.--
            (1) In general.--On or after the fifth calendar day of 
        session after the date on which an implementation bill is 
        placed on the Senate calendar under subsection (b)(3), it is in 
        order (even if a previous motion to the same effect has been 
        disagreed to) for any Senator to make a privileged motion to 
        proceed to the consideration of the implementation bill (but 
        only on the day after the calendar day on which such Senator 
        announces on the floor of the Senate an intention to make such 
        motion). The motion is not debatable. All points of order 
        against the implementation bill (and against consideration of 
        the implementation bill) other than points of order under 
        Senate Rule 15, 16, or for failure to comply with requirements 
        of this section are waived. The motion is not subject to a 
        motion to postpone. A motion to reconsider the vote by which 
        the motion to proceed 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 Senate shall immediately 
        proceed to consideration of the implementation bill.
            (2) Debate.--In the Senate, no amendment which is not 
        relevant to the bill shall be in order. A motion to postpone is 
        not in order. 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) Motion to suspend or waive application.--No motion to 
        suspend or waive the application of this subsection shall be in 
        order, nor shall it be in order for the Presiding Officer to 
        entertain a request to suspend the application of this 
        subsection by unanimous consent.
            (4) Appeals from chair.--Appeals from the decisions of the 
        Chair relating to the application of the rules of the Senate to 
        the procedure relating to an implementation bill shall be 
        decided without debate.
    (d) Consideration in the House of Representatives.--
            (1) In general.--At any time on or after the fifth session 
        day after the date on which each committee of the House of 
        Representatives to which an implementation bill is referred has 
        reported that bill, or has been discharged under subsection 
        (b)(3) from further consideration of that bill, the Speaker 
        may, pursuant to clause 1(b) of rule XXIII, declare the House 
        resolved into the Committee of the Whole House on the State of 
        the Union for the consideration of that bill. All points of 
        order against the bill, the consideration of the bill, and 
provisions of the bill shall be waived, and the first reading of the 
bill shall be dispensed with. After general debate, which shall be 
confined to the bill and which shall not exceed 10 hours, to be equally 
divided and controlled by the Majority Leader and the Minority Leader, 
the bill shall be considered for amendment by title under the five-
minute rule and each title shall be considered as having been read.
            (2) Amendments.--Each amendment shall be considered as 
        having been read, shall not be subject to a demand for a 
        division of the question in the House or in the Committee of 
        the Whole, and shall be debatable for not to exceed 30 minutes, 
        equally divided and controlled by the proponent and a Member 
        opposed thereto, except that the time for consideration, 
        including debate and disposition, of all amendments to the bill 
        shall not exceed 20 hours.
            (3) Final passage.--At the conclusion of the consideration 
        of the bill, the Committee shall rise and report the bill to 
        the House with such amendments as may have been agreed to, and 
        the previous question shall be considered as ordered on the 
        bill and amendments thereto to final passage without 
        intervening motion except one motion to recommit.
    (e) Conference.--
            (1) Appointment of conferees.--In the Senate, a motion to 
        elect or to authorize the appointment of conferees shall not be 
        debatable.
            (2) Conference report.--No later than 20 calendar days of 
        session after the appointment of conferees, the conferees shall 
        report to their respective Houses.
    (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 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 any activities 
that have been eliminated, consolidated, or transferred to other 
departments or agencies.
    (c) GAO Oversight.--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 
of any Act enacted under section 6.

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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