II 112th CONGRESS 2d Session S. 2129 IN THE SENATE OF THE UNITED STATES February 17, 2012 Mr. Lieberman (for himself and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for reforming and consolidating agencies of the Federal Government to improve efficiency and effectiveness.

1.

Short title

This Act may be cited as the Reforming and Consolidating Government Act of 2012.

2.

Providing consolidation authority

(a)

Defining an efficiency-Enhancing plan

Section 902 of title 5, United States Code, is amended— (1)in paragraph (2), by striking and after the semicolon; (2)in paragraph (3), by striking the period and inserting ; and; and (3)by adding at the end the following: (4)efficiency-enhancing plan means a reorganization plan that the Director of the Office of Management and Budget determines will result in, or is likely to result in— (A)a decrease in the number of agencies; or (B)cost savings in performing the functions that are the subject of that plan. . (b)

Modernizing reorganization authority

Section 905(a) of title 5, United States Code, is amended— (1)by amending paragraph (1) to read as follows: (1)abolishing or transferring an independent regulatory agency, or all the functions thereof, or consolidating 2 or more independent regulatory agencies, or all the functions thereof; ; (2)by striking paragraph (5); and (3)by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.

3.

Duration and scope of authority

(a)

In general

Section 905(b) of title 5, United States Code, is amended by striking if the plan and all that follows and inserting the following: “if the plan is— (1)transmitted to Congress (in accordance with section 903(b)) on or before the date that is 2 years after the date of enactment of the Reforming and Consolidating Government Act of 2012; and (2)an efficiency-enhancing plan. . (b)

Exercise of rulemaking power

Section 908(1) of title 5, United States Code, is amended by striking December 31, 1984 and inserting the date that is 2 years after the date of enactment of the Reforming and Consolidating Government Act of 2012. (c)

Terms of resolution

Section 909 of title 5, United States Code, is amended by striking the matter after the resolving clause and all that follows through such modifications and inserting the matter after the resolving clause of which is as follows: That Congress approves the reorganization plan numbered _____ transmitted to Congress by the President on ___________., and includes such modifications.

4.

Severability

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.