109 HR 5766 IH: Government Efficiency Act of 2006 U.S. House of Representatives 2006-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5766 IN THE HOUSE OF REPRESENTATIVES July 12, 2006 Mr. Tiahrt (for himself, Mr. Tom Davis of Virginia, Mr. Porter, Ms. Ginny Brown-Waite of Florida, Mr. Blunt, Mr. English of Pennsylvania, Mr. Doolittle, Mr. Gingrey, Mrs. Jo Ann Davis of Virginia, Mr. Case, Mr. Carter, Mr. Conaway, Mr. Mack, Mr. Norwood, Mr. Inglis of South Carolina, Mr. Ryun of Kansas, Mr. Akin, Mr. Neugebauer, Mr. Oxley, and Mr. Wilson of South Carolina) introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committees on Rules and the Budget, 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 Federal Review Commissions to review and make recommendations on improving the operations, effectiveness, and efficiency of Federal programs and agencies, and to require a schedule for such reviews of all Federal agencies and programs.

1.

Short title

This Act may be cited as the Government Efficiency Act of 2006.

2.

Establishment of Federal Review Commissions

(a)

In general

Part I of title 5, United States Code, is amended by adding at the end the following new chapter: 10

Federal Review Commissions

Sec. 1001. Establishment of Federal Review Commissions. Sec. 1002. Expedited Congressional consideration of Federal Review Commission recommendations. Sec. 1003. Schedule for review of all Federal agencies and programs. Sec. 1004. Administrative matters.

1001.

Establishment of Federal Review Commissions

(a)

In general

A Federal Review Commission may be established in accordance with this section with respect to a specific aspect of Federal programs and agencies for purposes of reviewing and making recommendations on how to improve the operations, effectiveness, and efficiency of such Federal programs and agencies in order to determine whether a reorganization, consolidation, abolishment, expansion, or transfer of existing Federal programs and agencies is necessary to carry out any policy set forth in section 901(a) of this title. (b)

Method of establishment

A Federal Review Commission may be established under subsection (a) only through the issuance of an executive order or the enactment of a joint resolution that— (1)describes the Federal programs and agencies to be reviewed by the Commission; and (2)provides that the Commission shall be subject to the requirements of, and have the powers and authorities under, this section. (c)

Commencement of operations

Each Federal Review Commission shall commence operations within 1 month after the establishment of the Commission under subsection (a). (d)

Duties of federal review commissions

(1)

Review of programs and agencies

In reviewing Federal programs and agencies, a Federal Review Commission established under this section shall consider— (A)whether the missions and goals of the programs and agencies studied by the Commission are being carried out as effectively and efficiently as possible; (B)the extent to which the programs or agencies duplicate or conflict with other Federal agencies, State or local government, or the private sector; and (C)whether a reorganization, consolidation, abolishment, expansion, or transfer of the programs and agencies reviewed by the Federal Review Commission would better enable the Federal government to accomplish its missions and goals. (2)

Submission to President of assessment and legislative proposal

Not later than 1 year after the establishment of a Federal Review Commission under this section, the Commission shall submit to the President— (A)the Commission’s assessment of the operations, effectiveness, and efficiency of the Federal programs and agencies reviewed by the Commission; and (B)a legislative proposal, if appropriate, to reorganize, consolidate, abolish, expand, or transfer the Federal programs and agencies reviewed by the Commission. (e)

Transmission to congress of assessment and legislative proposal

Not later than 30 days after submission to the President of an assessment and legislative proposal (if any) by a Federal Review Commission, the President shall transmit to Congress the assessment and any legislative proposal, along with the President’s recommendations regarding the assessment and proposal. (f)

Membership

(1)

Number and appointment

(A)

In general

Each Federal Review Commission shall be composed of 7 members appointed by the President as follows: (i)One in consultation with the Speaker of the House of Representatives. (ii)One in consultation with the minority leader of the House of Representatives. (iii)One in consultation with the majority leader of the Senate. (iv)One in consultation with the minority leader of the Senate. (v)Three other members. (B)

Ex Officio members

The President may appoint up to four Members of Congress (up to 2 from each House) as nonvoting ex officio members of a Federal Review Commission. (2)

Qualifications

All members appointed by the President to serve on a Federal Review Commission shall have expertise and experience in the particular programmatic area that the Federal Review Commission is established to review. (3)

Terms

(A)

In general

Each member of a Federal Review Commission shall be appointed for the life of the Commission. (B)

Vacancies

Any vacancy on a Federal Review Commission shall be filled in the same manner as the original appointment. (4)

Basic Pay

(A)

Rates of pay

Members of a Federal Review Commission shall serve without pay. (B)

Travel expenses

Each member of a Federal Review Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (5)

Quorum

Four members of a Federal Review Commission shall constitute a quorum but a lesser number may hold hearings. (6)

Chairman and vice chairman

The President shall designate one member of each Federal Review Commission to serve as Chairman and one as Vice Chairman. (g)

Director and staff

(1)

Director

Each Federal Review Commission shall have a Director who shall be appointed by the Chairman without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The Director shall be paid at a rate not to exceed the rate of basic pay for level II of the Executive Schedule. (2)

Staff

The Director of a Federal Review Commission may appoint and fix the pay of additional personnel as the Director considers appropriate, in accordance with section 3161 of title 5, United States Code. (3)

Applicability of certain civil service laws

The Director and any staff of each Federal Review 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. (4)

Procurement of temporary and intermittent services

The Chairman of each Federal Review 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 for Level II of the Executive Schedule. (5)

Staff of Federal agencies

Upon request of the Chairman of a Federal Review Commission, the head of any Federal department or agency may detail, on reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties. (h)

Powers of commission

(1)

Hearings and sessions

Each Federal Review Commission may, for the purpose of carrying out its duties, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2)

Obtaining official data

Each Federal Review Commission may secure directly from any Federal department or agency information necessary to enable it to carry out its duties. Upon request of the Chairman of a Commission, the head of that department or agency shall furnish that information to the Commission. (3)

Postal and printing services

Each Federal Review Commission may use the United States mail and obtain printing and binding services in the same manner and under the same conditions as other Federal departments and agencies. (4)

Administrative support services

Upon the request of a Federal Review Commission, the Administrator of General Services shall provide to the Federal Review Commission, on a reimbursable basis, the administrative support services necessary for the Federal Review Commission to carry out its duties. (i)

Authorization of appropriations

Such sums as may be necessary are authorized to be appropriated for the purposes of carrying out the duties of each Federal Review Commission. Such funds shall remain available until expended. (j)

Termination

Each Federal Review Commission shall terminate 90 days after the date on which the Commission submits the assessment and legislative proposal (if any) under subsection (d) (k)

Definition

In this section, the term agency has the meaning provided in section 902(1) of this title.

1002.

Expedited Congressional consideration of Federal Review Commission recommendations

(a)

Introduction of resolution

Not later than the fifth legislative day after the date of receipt of a legislative proposal transmitted from the President to Congress under section 1001(e) of this title, the majority leader of each House or his designee shall introduce a joint resolution as defined in subsection (d). (b)

Consideration in the House of Representatives

(1)

Referral and reporting

If a committee fails to report a joint resolution within 30 legislative days, it shall be in order to move that the House discharge the committee from further consideration of the joint resolution. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces his intention to offer the motion. Such a motion shall not be in order after a committee has reported a joint resolution with respect to that transmission or after the House has disposed of a motion to discharge with respect to that transmission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (2)

Proceeding to consideration

After a joint resolution is reported favorably without amendment by a committee or a committee has been discharged from further consideration, it shall be in order to move to proceed to consider the joint resolution in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces his intention to offer the motion. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that transmission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3)

Consideration

The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except ten hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint resolution. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (4)

Senate bill

A joint resolution received from the Senate shall not be referred to committee. (c)

Consideration in the Senate

Language to be provided. (d)

Definitions

In this section: (1)The term joint resolution means only a joint resolution— (A)which does not have a preamble; (B)the title of which is as follows: Joint resolution relating to the legislative proposal prepared by the Federal Review Commission established on ___, 20__., the blank spaces being filled in with the appropriate date; (C)the matter after the resolving clause of which is as follows: That Congress approves the legislative proposal prepared by a Federal Review Commission and transmitted to Congress by the President on ___, 20__ ., the blank spaces being filled in with the appropriate date; and (D)the remaining text of which consists of the legislative proposal prepared by the Federal Review Commission concerned and transmitted to Congress by the President. (2)The term legislative day refers to any day on which either House of Congress is in session. (e)

Rules of Senate and House of Representatives on Federal Review Commission recommendations

This section is enacted by Congress— (1)as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are 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 resolutions with respect to any legislative proposal transmitted to Congress (in accordance with section 1001) after the date of enactment of this section; and they supersede other rules only to the extent that they are inconsistent therewith; 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.

1003.

Schedule for review of all Federal agencies and programs

(a)

Schedule for review

Not later than one year after the date of the enactment of this chapter, the President shall submit to Congress a schedule under which Federal Review Commissions shall be established to review all Federal agencies and programs in order to accomplish the goals of the policy set forth in section 901(a) of this title. (b)

Review of agencies performing related functions

In developing a schedule pursuant to subsection (a), the President shall provide that agencies that perform similar or related functions be reviewed at or near the same time.

1004.

Administrative matters

(a)

Relocation of federal employees

If the position of an employee of an agency is eliminated as a result of a reorganization, consolidation, abolishment, expansion, or transfer of existing Federal programs or agencies pursuant to this chapter, the affected agency shall make a reasonable effort to relocate such employee to a position within another agency. (b)

Deficit reduction

(1)

Deficit reduction

Any reduction in amounts of discretionary budget authority or direct spending resulting from enactment of legislation pursuant to this chapter shall be dedicated only to deficit reduction and shall not be used as an offset for other spending increases. (2)

Adjustments to committee allocations

Not later than 5 days after the enactment of legislation pursuant to this chapter, the chairmen of the Committees on the Budget of the Senate and the House of Representatives shall revise levels under section 311(a) of the Congressional Budget Act of 1974 and adjust the committee allocations under section 302(a) of the Congressional Budget Act of 1974 to reflect the reduction in discretionary budget authority or direct spending, and the appropriate committees shall report revised allocations pursuant to section 302(b) of the Congressional Budget Act of 1974, as appropriate. (3)

Adjustments to caps

After the enactment of legislation pursuant to this chapter, the Director of the Office of Management and Budget shall revise applicable limits under the Balanced Budget and Emergency Deficit Control Act, as appropriate.

. (b)

Conforming amendment

The table of chapters for title 5, United States Code, is amended by inserting after the items relating to chapter 9 the following: Chapter 10—Federal Review Commissions 1001. Establishment of Federal Review Commissions. 1002. Congressional consideration of Federal Review Commission recommendations. 1003. Schedule for review of all Federal agencies and programs. 1004. Administrative matters. .