[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5766 Reported in House (RH)]







                                                 Union Calendar No. 344
109th CONGRESS
  2d Session
                                H. R. 5766

                      [Report No. 109-594, Part I]

   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.


_______________________________________________________________________


                    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

                             July 24, 2006

Additional sponsors: Mr. McKeon, Mr. Camp of Michigan, Mr. Boehner, Mr. 
  Otter, Mr. Bishop of Utah, Mr. Burton of Indiana, Mr. Cardoza, Mr. 
     McCotter, Mr. Hefley, Mr. Radanovich, Mr. Brady of Texas, Mr. 
  Hensarling, Mr. Reichert, Mr. Crenshaw, Mr. Pence, Mr. Calvert, Mr. 
Herger, Mr. Sessions, Mr. Culberson, Ms. Hart, Ms. Harris, Mr. Garrett 
   of New Jersey, Mr. Wamp, Mr. Weldon of Florida, Mr. Bilbray, Mr. 
 Gerlach, Mr. Hayworth, Mr. Istook, Mr. Stearns, Mr. Renzi, Mr. Franks 
of Arizona, Mr. Moran of Kansas, Mr. Hayes, Miss McMorris, Mr. Davis of 
Kentucky, Mr. Campbell of California, Mr. Latham, Mr. Barrett of South 
 Carolina, Mr. McHenry, Mr. Rohrabacher, Mr. Feeney, Mr. Fortenberry, 
   Mrs. Myrick, Mr. King of Iowa, Mr. Cole of Oklahoma, Mr. Price of 
Georgia, Mr. Terry, Ms. Granger, Mrs. Cubin, Mr. Fortuno, Mr. Hastings 
 of Washington, Mr. Green of Wisconsin, Mrs. Blackburn, Mr. Kennedy of 
Minnesota, Mr. Pearce, Mr. Royce, Mr. Kuhl of New York, Mr. Sam Johnson 
   of Texas, Mr. Putnam, Mr. Pitts, Mr. Flake, and Mr. Smith of Texas

                             July 24, 2006

   Reported from the Committee on Government Reform with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 24, 2006

    Committees on Rules and the Budget discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on July 
                               12, 2006]

_______________________________________________________________________

                                 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.

    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 Efficiency Act of 
2006''.

SEC. 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:

                ``CHAPTER 10--FEDERAL REVIEW COMMISSIONS

``Sec.
``1001. Establishment of Federal Review Commissions.
``1002. Expedited Congressional consideration of Federal Review 
                            Commission recommendations.
``1003. Schedule for review of all Federal agencies and programs.
``1004. Administrative matters.
``Sec. 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;
                    ``(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;
                    ``(D) with respect to existing rules promulgated by 
                the agencies to carry out the programs--
                            ``(i) whether the agency has specific 
                        legislative authority to promulgate the rules 
                        and carry out the programs.
                            ``(ii) whether the rules are being carried 
                        out as efficiently as possible; and
                            ``(iii) the extent to which the rules 
                        duplicate or conflict with rules promulgated by 
                        other Federal agencies; and
                    ``(E) whether the agency or program has operated or 
                was authorized outside of an enumerated power under 
                Article I of the Constitution of the United States or 
                in any manner violates the separation of powers under 
                the Constitution.
            ``(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.
``Sec. 1002. Expedited Congressional consideration of Federal Review 
              Commission recommendations
    ``(a) Introduction of Resolution.--The majority leader of each 
House or his designee shall introduce a joint resolution as defined in 
subsection (d) not later than the fifth day of session of that House 
after the date of receipt of a legislative proposal transmitted from 
the President to Congress under section 1001(e) of this title.
    ``(b) Consideration in the House of Representatives.--
            ``(1) Referral and reporting.--Any committee of the House 
        of Representatives to which a joint resolution is referred 
        shall report it to the House not later than 30 legislative days 
        after the date of its introduction. If a committee fails to 
        report the joint resolution within that period, 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. Notice of such intention may not be given on an 
        anticipatory basis. Such a motion shall not be in order after 
        the last committee authorized to consider the joint resolution 
        reports it to the House or after the House has disposed of a 
        motion to discharge a joint resolution. 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 each committee 
        authorized to consider a joint resolution favorably reports it 
        to the House without amendment or has been discharged from its 
        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. Notice of such intention may not be given on an 
        anticipatory basis. Such a motion shall not be in order after 
        the House has disposed of a motion to proceed on the joint 
        resolution. 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. The joint resolution shall not be subject to 
        amendment. A motion to reconsider the vote on passage of the 
        joint resolution shall not be in order.
    ``(c) Consideration in the Senate.--[Language to be provided.]
    ``(d) Definition.--In this section the term `joint resolution' 
means only a joint resolution--
            ``(1) which does not have a preamble;
            ``(2) 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;
            ``(3) 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
            ``(4) the remaining text of which consists of the 
        legislative proposal prepared by the Federal Review Commission 
        concerned and transmitted to Congress by the President.
    ``(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.
``Sec. 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.
``Sec. 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 part I of 
title 5, United States Code, is amended by inserting after the item 
relating to chapter 9 the following:

``10. Federal Review Commissions............................    1001''.
                                                 Union Calendar No. 344

109th CONGRESS

  2d Session

                               H. R. 5766

                      [Report No. 109-594, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 24, 2006

    Committees on Rules and the Budget discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed