[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3276 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3276

To provide for the establishment of Results Commissions to improve the 
 results of executive branch agencies on behalf of the American people.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2005

 Mr. Porter (for himself, Mr. Tom Davis of Virginia, and Mr. Brady of 
    Texas) introduced the following bill; which was referred to the 
  Committee on Government Reform, and in addition to the Committee on 
 Rules, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of Results Commissions to improve the 
 results of executive branch agencies on behalf of the American people.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Reorganization and 
Improvement of Performance Act''.

SEC. 2. RESULTS COMMISSIONS.

    (a) Establishment of Commissions.--
            (1) Proposal and transmittal.--The President--
                    (A) may propose the establishment in the executive 
                branch of one or more commissions for the purpose of 
                improving the overall effectiveness, efficiency, or 
                accountability of executive branch operations through 
                reorganization, with each such commission being known 
                as a ``Results Commission''; and
                    (B) may transmit such proposal to Congress for 
                expedited consideration under section 3.
            (2) Reasons for establishing results commissions.--In each 
        proposal to establish a Results Commission, the President shall 
        describe the agencies or programs being proposed for the 
        Results Commission to study. In making a proposal to establish 
        a Results Commission, the President shall identify areas where 
        multiple Federal programs have similar, related, or overlapping 
        responsibilities that are under the jurisdiction of multiple 
        executive branch agencies and committees of Congress, and areas 
        where reorganization may improve the overall effectiveness, 
        efficiency, or accountability of executive branch operations.
    (b) Procedure for Making Recommendations for Improvements in 
Executive Branch Performance.--
            (1) The President may, from time to time in his discretion, 
        submit to a Results Commission established pursuant to this 
        section one or more specific proposals to improve the 
        performance of the executive branch by reorganizing agencies or 
        programs in the areas that the Results Commission is authorized 
        to study.
            (2) After receiving a specific proposal from the President 
        under paragraph (1), a Results Commission shall evaluate the 
        proposal and shall provide a response to the President on the 
        proposal, including any changes that the Commission may wish to 
        recommend. The Commission may recommend changes or additions to 
        the proposal, and shall explain and justify any such 
        recommended changes or additions, only if the Commission 
        believes that such changes are necessary to better accomplish 
        the stated purpose of the President's reorganization proposal.
            (3) If the President disapproves the recommendations of the 
        Results Commission, in whole or in part, the President may 
        transmit to the Results Commission the reasons for that 
        disapproval. The Commission shall then transmit to the 
        President a report responding to the President's concerns and 
        any changes in its recommendations.
            (4) The President may transmit to Congress for expedited 
        consideration under section 3 a copy of all of the final 
        recommendations of each Results Commission, together with 
        legislation to accomplish those recommendations.
    (c) Membership, Powers, and Other Matters.--
            (1) In general.--Each Results Commission shall be composed 
        of seven members, who shall be appointed within 60 days after 
        the date of the enactment of the Act establishing the 
        Commission.
            (2) Appointments.--(A) The President shall appoint the 
        seven members, who shall serve at the pleasure of the 
        President, as follows:
                    (i) One in consultation with the majority leader of 
                the Senate.
                    (ii) One in consultation with the minority leader 
                of the Senate.
                    (iii) One in consultation with the Speaker of the 
                House of Representatives.
                    (iv) One in consultation with the minority leader 
                of the House of Representatives.
                    (v) Three other members.
            (B) Any vacancy on a Commission shall be filled in the 
        manner in which the original appointment was made.
            (3) Chair and vice chair.--The President shall designate 
        one member of each Results Commission to serve as Chair and one 
        member as Vice Chair.
            (4) Length of service.--The members of each Results 
        Commission shall serve at the pleasure of the President.
            (5) Vacancies.--Any vacancy on a Results Commission shall 
        be filled in the manner in which the original appointment was 
        made.
            (6) Termination.--Each Results Commission shall cease to 
        exist within nine months after the date it commences 
        operations, unless provided otherwise in law.
            (7) Duties.--Each Results Commission is authorized to--
                    (A) evaluate the merits of a specific proposal by 
                the President for governmental reorganization; and
                    (B) provide views to the President on the proposal, 
                including any changes or additions to the proposal that 
                the Commission may wish to recommend.
            (8) Powers relating to obtaining information from federal 
        agencies.--
                    (A) In general.--Each Results Commission is 
                authorized to secure directly from any executive 
                department, bureau, agency, board, commission, office, 
                independent establishment, or instrumentality of the 
                United States Government, information, suggestions, 
                estimates, and statistics for purposes of carrying out 
                its duties. Each department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality shall, to the extent authorized by law, 
                furnish such information, suggestions, estimates, and 
                statistics directly to the Commission, upon request 
                made by the chair or any other member designated by a 
                majority of the Commission.
                    (B) Receipt, handling, storage, and 
                dissemination.--Information shall be received, handled, 
                stored, and disseminated only by members of the 
                Commission and its staff consistent with all applicable 
                statutes, regulations, and Executive orders.
            (9) Public hearings and meetings.--
                    (A) Public hearings.--Each Results Commission shall 
                hold public hearings and meetings to the extent 
                appropriate. Any such public sessions shall be 
                conducted in a manner consistent with the protection of 
                information provided to or developed for or by the 
                Commission as required by applicable law.
                    (B) Nonapplicability of federal advisory committee 
                act.--The Federal Advisory Committee Act (5 U.S.C. 
                App.) shall not apply to any Results Commission.
            (10) Internal procedures.--
                    (A) Proceedings.--Each Results Commission shall 
                commence operations within 6 months after the date of 
                enactment of the Act establishing the Commission and 
                shall meet periodically at the call of the Chair.
                    (B) Quorum.--Four members of a Results Commission 
                shall constitute a quorum but a lesser number may hold 
                hearings.
            (11) Personnel matters.--
                    (A) Travel expenses.--The members of each Results 
                Commission shall be allowed travel expenses, including 
                per diem in lieu of subsistence, at rates authorized 
                for employees of agencies under subchapter I of chapter 
                57 of title 5, United States Code, while away from 
                their homes or regular places of business in the 
                performance of services for the Commission.
                    (B) Director.--The Chair of each Results Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate a Director for the 
                Commission. The Director shall be paid at a rate not to 
                exceed the Level II of the Executive Schedule.
                    (C) Staff.--The Director may appoint and compensate 
                staff for each Results Commission in accordance with 
                section 3161 of title 5, United States Code.
                    (D) Applicability of certain civil service laws.--
                The Director and any staff of each Results Commission 
                shall be employees under section 2105 of title 5, 
                United States Code, for purposes of chapters 63, 81, 
                83, 84, 85, 87, 89, and 90 of that title.
                    (E) Detail of government employees.--Any Federal 
                Government employee may be detailed to the Commission 
                without reimbursement, and such detail shall be without 
                interruption or loss of civil service status or 
                privilege.
                    (F) Procurement of temporary and intermittent 
                services.--The Chair of each Results Commission may 
                procure temporary and intermittent services under 
                section 3109(b) of title 5, United States Code, at 
                rates for individuals which do not exceed the daily 
                equivalent of the annual rate of basic pay prescribed 
                for Level II of the Executive Schedule under section 
                5316 of such title.
            (12) Other administrative matters.--
                    (A) Postal and printing services.--Each Results 
                Commission may use the United States mails and obtain 
                printing and binding services in the same manner and 
                under the same conditions as other departments and 
                agencies of the United States.
                    (B) Administrative support services.--Upon the 
                request of a Results Commission, the Administrator of 
                General Services shall provide to the Results 
                Commission, on a reimbursable basis, the administrative 
                support services necessary for the Results Commission 
                to carry out its duties.
                    (C) Authorization of appropriations.--Such sums as 
                may be necessary are authorized to be appropriated for 
                the purposes of carrying out the duties of each Results 
                Commission. Such funds shall remain available until 
                expended.
    (d) Expedited Congressional Review Procedures.--In reviewing 
proposals by the President to establish a Results Commission and in 
reviewing proposals by the President to implement reorganizations 
recommended by a Results Commission, the Congress shall follow the 
expedited review procedures set forth in section 3 of this Act.

SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCEDURES.

    (a) Definitions.--
            (1) Resolution of approval.--
                    (A) In general.--For the purposes of this section, 
                the term ``resolution'' means only a joint resolution 
                described in either subparagraph (B) or (C).
                    (B) Joint resolution relating to establishing 
                results commission.--For purposes of subparagraph (A), 
                a joint resolution described in this subparagraph is a 
                joint resolution--
                            (i) which does not have a preamble;
                            (ii) the title of which is as follows: 
                        ``Joint resolution establishing the Results 
                        Commission proposed by the President under the 
                        Government Reorganization and Improvement of 
                        Performance Act'';
                            (iii) the matter after the resolving clause 
                        of which is as follows: ``That Congress 
                        establishes a Results Commission proposed by 
                        the President, as follows, that was transmitted 
                        on ____ under the Government Reorganization and 
                        Improvement of Performance Act:'', the blank 
                        space being filled in with the appropriate 
                        date; and
                            (iv) the remaining text of which consists 
                        of the complete text of a legislative proposal 
                        transmitted by the President under section 
                        2(a)(1).
                    (C) Joint resolution relating to approving 
                reorganization proposal.--For purposes of subparagraph 
                (A), a joint resolution described in this subparagraph 
                is a joint resolution--
                            (i) which does not have a preamble;
                            (ii) the title of which is as follows: 
                        ``Joint resolution approving the reorganization 
                        proposals of the President under the Government 
                        Reorganization and Improvement of Performance 
                        Act'';
                            (iii) the matter after the resolving clause 
                        of which is as follows: ``That Congress 
                        approves the reorganization proposals of the 
                        President, as follows, that were transmitted on 
                        ____ under the Government Reorganization and 
                        Improvement of Performance Act:'', the blank 
                        space being filled in with the appropriate 
                        date; and
                            (iv) the remaining text of which consists 
                        of the complete text of a legislative proposal 
                        transmitted by the President under section 
                        2(b)(4).
            (2) Legislative day.--For the purposes of this section, the 
        term ``legislative day'' refers to any day on which either 
        House of Congress is in session.
    (b) Introduction and Reference of Resolution.--
            (1) Not later than the first day of session following the 
        day on which a resolution is transmitted to Congress under 
        section (2)(a)(1) or (2)(b)(4), the resolution shall be 
        introduced (by request)--
                    (A) in the House of Representatives by the chairman 
                of the Committee on Government Reform, or by a member 
                or members of the House designated by such chairman; 
                and
                    (B) in the Senate by the chairman of the Committee 
                on Homeland Security and Governmental Affairs, or by a 
                member of members of the Senate designated by such 
                chairman.
            (2) A resolution with respect to a Results Commission or a 
        reorganization proposal shall be referred to the Committee on 
        Government Reform of the House of Representatives and the 
        Committee on on Homeland Security and Governmental Affairs of 
        the Senate (and all resolutions with respect to the same 
        commission or proposal shall be referred to the same committee) 
        by the Speaker of the House or the President of the Senate, as 
        the case may be. The committee shall makes its recommendations 
        to the House of Representatives or the Senate, respectively, 
        within 75 calendar days of continuous session of Congress 
        following the date of such resolutions's introduction.
    (c) Expedited Procedures Relating to Discharge of Committee 
Considering Resolution, Procedure After Report or Discharge of 
Committee, Debate, and Vote on Final Passage.--Sections 911 and 912 of 
title 5, United States Code, shall apply to a resolution introduced 
pursuant to subsection (b)(1). In applying such sections--
            (1) the term ``resolution'' means a resolution described in 
        subparagraph (B) or (C) of subsection (a)(1) of this section; 
        and
            (2) the term ``reorganization plan'' means a legislative 
        proposal to establish a Results Commission transmitted under 
        section 2(a)(1), or a reorganization proposal transmitted under 
        section 2(b)(4).
    (d) Effective Date, Publication, Effect on Other Laws, Pending 
Legal Proceedings, and Unexpended Appropriations.--Sections 906 and 907 
of title 5, United States Code, shall apply to a resolution introduced 
pursuant to subsection (b)(1). In applying such sections--
            (1) the term ``resolution'' means a resolution described in 
        subparagraph (C) of subsection (a)(1) of this section; and
            (2) the term ``reorganization plan'' means a reorganization 
        proposal transmitted under section 2(b)(4).
                                 <all>