I

103D CONGRESS

2D SESSION H. R. 4433

To establish a commission to make recommendations for the disposal of

Federal Government property, the closure and consolidation of offices

of Federal agencies, the procurement of Federal agency functions, the

repeal of provisions of Federal statutes, and the termination of Federal

regulations, and to provide a procedure for the expedited implementation

of these recommendations.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 1994

Mr. SMITH of Texas (for himself, Mr. BARRETT of Wisconsin, Mr. BUNNING,

Mr. CANADY, Mr. COLLINS of Georgia, Mr. COX, Mr. DOOLITTLE, Mr.

DORNAN, Mr. FRANKS of New Jersey, Mr. GALLEGLY, Mr. GOODLATTE,

Mr. GORDON, Mr. HANCOCK, Mr. KASICH, Mr. KINGSTON, Mr. LEVY,

Mr. MACHTLEY, Mr. MEEHAN, Mrs. MEYERS of Kansas, Mr. OXLEY, Mr.

PORTMAN, Mr. SHAYS, Mr. STEARNS, and Mr. TORKILDSEN) introduced

the following bill; which was referred jointly to the Committees on Government Operations, Rules, Merchant Marine and Fisheries, and Energy

and Commerce

A BILL

To establish a commission to make recommendations for

the disposal of Federal Government property, the closure

and consolidation of offices of Federal agencies, the procurement of Federal agency functions, the repeal of provisions of Federal statutes, and the termination of Federal regulations, and to provide a procedure for the expedited implementation of these recommendations.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Reinventing Govern5 ment Act of 1994’’.

6 SEC. 2. REINVENTING GOVERNMENT COMMISSION.

7 (a) ESTABLISHMENT.—There is established an inde8 pendent commission to be known as the ‘‘Reinventing Gov9 ernment Commission’’.

10 (b) DUTIES.—The Commission shall carry out the

11 duties specified for it in this Act.

12 (c) APPOINTMENT.—(1) The Commission shall be

13 composed of eight members appointed by the President,

14 by and with the advise and consent of the Senate. The

15 President shall transmit to the Senate the nominations for

16 appointment to the Commission not later than 15 days

17 after the date of enactment of this Act.

18 (2) In selecting individuals for nominations for ap19 pointments to the Commission, the President shall consult

20 with—

21 (A) the Speaker of the House of Representa22 tives concerning the appointment of two members;

23 (B) the majority leader of the Senate concern24 ing the appointment of 2 members;
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1 (C) the minority leader of the House of Rep2 resentatives concerning the appointment of one

3 member; and

4 (D) the minority leader of the Senate concern5 ing the appointment of one member.

6 (3) At the time the President nominates individuals

7 for appointment to the Commission, the President shall

8 designate one such individual who shall serve as Chairman

9 of the Commission.

10 (d) TERMS.—(1) Each member of the Commission

11 shall serve until the termination of the Commission under

12 subsection (l).

13 (2) The Chairman of the Commission shall serve until

14 the confirmation of a successor.

15 (e) MEETINGS.—(1) The Commission shall meet at

16 the call of the Chairman or a majority of its members.

17 (2) Each meeting of the Commission, other than

18 meetings in which classified information is to be discussed,

19 shall be open to the public.

20 (3) All proceedings, information, and deliberations of

21 the Commission shall be open, upon request, to the Chair22 man and the ranking minority party member of each con23 gressional budget committee.
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1 (f) VACANCIES.—A vacancy in the Commission shall

2 be filled in the same manner as the original appointment

3 was made.

4 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each

5 member, other than the Chairman, shall be paid at a rate

6 equal to the daily equivalent of the minimum annual rate

7 of basic pay payable for level IV of the Executive Schedule

8 under section 5315 of title 5, United States Code, for each

9 day (including travel time) during which the member is

10 engaged in the actual performance of duties vested in the

11 Commission.

12 (B) The Chairman shall be paid for each day referred

13 to in subparagraph (A) at a rate equal to the daily equiva14 lent of the minimum annual rate of basic pay payable for

15 level III of the Executive Schedule under section 5314 of

16 title 5, United States Code.

17 (2) Members shall receive travel expenses, including

18 per diem in lieu of subsistence, in accordance with sections

19 5702 and 5703 of title 5, United States Code.

20 (h) DIRECTOR OF STAFF.—(1) The Commission

21 shall, without regard to section 5311(b) of title 5, United

22 States Code, appoint a Director of staff for the Commis23 sion.

24 (2) The Director of staff for the Commission shall

25 be paid at the rate of basic pay payable for level IV of
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1 the Executive Schedule under section 5315 of title 5, Unit2 ed States Code.

3 (i) STAFF.—(1) Subject to paragraphs (2) and (3),

4 the Director, with the approval of the Commission, may

5 appoint and fix the pay of additional personnel.

6 (2) The Director may make such appointments with7 out regard to the provisions of title 5, United States Code,

8 governing appointments in the competitive service, and

9 any personnel so appointed may be paid without regard

10 to the provisions of chapter 51 and subchapter III of chap11 ter 53 of that title relating to classification and General

12 Schedule pay rates, except that an individual so appointed

13 may not receive pay in excess of the annual rate of basic

14 pay payable for level IV of the Executive Schedule under

15 section 5315 of title 5, United States Code.

16 (3) Not more than one-half of the professional ana17 lysts employed by or detailed to the Commission may be

18 on detail from Federal agencies.

19 (4) Upon request of the Director, the head of any

20 Federal department or agency may detail any of the per21 sonnel of that department or agency to the Commission

22 to assist the Commission in carrying out its duties under

23 this Act.

24 (5) The Comptroller General of the United States

25 shall provide assistance, including the detailing of employ-
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1 ees, to the Commission in accordance with an agreement

2 entered into with the Commission.

3 (j) OTHER AUTHORITY.—(1) The Commission may

4 procure by contract, to the extent funds are available, the

5 temporary or intermittent services of experts or consult6 ants pursuant to section 3109 of title 5, United States

7 Code.

8 (2) The Commission may lease space and acquire per9 sonal property to the extent funds are available. To the

10 extent practicable, the Commission shall use suitable real

11 property available under the most recent inventory of real

12 property assets published by the Resolution Trust Cor13 poration under section 21A(b)(11)(F) of the Federal

14 Home Loan Bank Act (12 U.S.C. 1441a(b)(12)(F)).

15 (k) FUNDING.—There are authorized to be appro16 priated to the Commission such funds as are necessary

17 to carry out its duties under this Act. Such funds shall

18 remain available until expended.

19 (l) TERMINATION.—The Commission shall terminate

20 September 30, 1999.

21 SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS.

22 (a) SELECTION CRITERIA.—(1) Not later than 60

23 days after the date of enactment of this Act, the Director

24 of the Office of Management and Budget shall publish in

25 the Federal Register and transmit to the congressional
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1 budget committees the criteria proposed to be used by the

2 Director in making recommendations under this Act. The

3 Director shall provide an opportunity for public comment

4 on the proposed criteria for a period of at least 30 days

5 and shall include notice of that opportunity in the publica6 tion required under this paragraph.

7 (2)(A) Not later than 120 days after the date of en8 actment of this Act, the Director shall publish in the Fed9 eral Register and transmit to the congressional budget

10 committees the final criteria to be used in making rec11 ommendations under this Act. Except as provided in sub12 paragraph (B), such criteria shall be the final criteria to

13 be used in making such recommendations, unless dis14 approved by a joint resolution of the Congress enacted be15 fore the date that is 150 days after the date of enactment

16 of this Act.

17 (B) The Director may amend such criteria, but such

18 amendments may not become effective unless they have

19 been published in the Federal Register, opened to public

20 comment for at least 150 days, and then transmitted to

21 the congressional budget committees in final form by no

22 later than 180 days after the date of enactment of this

23 Act. Such amended criteria shall be the final criteria to

24 be used in making recommendations unless disapproved

25 by a joint resolution of the Congress enacted on or before
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1 the date that is 200 days after the date of enactment of

2 this Act.

3 (b) DIRECTOR’S RECOMMENDATIONS.—(1) Not later

4 than March 15, 1995, 1997, and 1999, the Director shall

5 publish in the Federal Register and transmit to the con6 gressional budget committees and to the Commission a list

7 of recommendations based on the final criteria referred to

8 in subsection (a), for—

9 (A) the disposal of Federal Government prop10 erty;

11 (B) the closure and consolidation of offices of

12 Federal agencies;

13 (C) the procurement of functions currently per14 formed by Federal agencies from the private sector

15 and State and local governments;

16 (D) the repeal of provisions of Federal statutes;

17 and

18 (E) the termination of effectiveness of Federal

19 regulations.

20 (2) The Director shall include, with the list of rec21 ommendations published and transmitted pursuant to

22 paragraph (1), a summary of the selection process that

23 resulted in each recommendation, including a justification

24 for each recommendation.
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1 (3) In considering property for disposal, offices for

2 closure or consolidation, functions for procurement from

3 the private sector, statutes for repeal, and regulations for

4 termination, the Director shall consider all such disposals,

5 all such offices, all such statutes, and all such regulations,

6 respectively, equally without regard to whether the dis7 posal, closure, consolidation, procurement, repeal, or ter8 mination has been previously considered or proposed for

9 by the Director.

10 (4) The Director shall make all information used by

11 the Director in preparing recommendations under this

12 subsection available to the Congress (including any com13 mittee or Member of the Congress), the Commission, and

14 the Comptroller General of the United States.

15 (5)(A) Each person referred to in subparagraph (B),

16 when submitting information to the Director or the Com17 mission for use under this Act, shall certify that such in18 formation is accurate and complete to the best of that per19 son’s knowledge and belief.

20 (B) Subparagraph (A) applies to the following per21 sons:

22 (i) The head of an executive department.

23 (ii) Each person who is in a position the duties

24 of which include personal and substantial involve25 ment in the preparation and submission of informa-
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1 tion and recommendations for purposes of this Act,

2 as specified in regulations.

3 (6) In the case of any information provided to the

4 Commission by a person described in paragraph (5)(B),

5 the Commission shall submit that information to the Sen6 ate and the House of Representatives to be made available

7 to the Members of the House concerned in accordance

8 with the rules of that House. The information shall be

9 submitted to the Senate and the House of Representatives

10 within 24 hours after the submission of the information

11 to the Commission. The Director shall prescribe regula12 tions to ensure the compliance of the Commission with this

13 paragraph.

14 (c) REVIEW AND RECOMMENDATIONS BY THE COM15 MISSION.—(1) After receiving the recommendations from

16 the Director pursuant to subsection (b), the Commission

17 shall conduct public hearings on the recommendations.

18 (2) The Commission shall, by not later than June 1

19 of 1995, 1997, and 1999, transmit to the President and

20 the congressional budget committees a report contain21 ing—

22 (A) the Commission’s findings and conclusions

23 based on a review and analysis of the recommenda24 tions made by the Director; and

25 (B) the Commission’s recommendations for—
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1 (i) the disposal of Federal Government

2 property;

3 (ii) the closure and consolidation of offices

4 of Federal agencies;

5 (iii) the procurement from the private sec6 tor of functions currently performed by Federal

7 agencies;

8 (iv) the repeal of provisions of Federal

9 statutes; and

10 (v) the termination of effectiveness of Fed11 eral regulations.

12 (3)(A) Subject to subparagraph (B), in making its

13 recommendations, the Commission may make changes in

14 any of the recommendations made by the Director if—

15 (i) the Commission determines that the Direc16 tor deviated substantially from the final criteria re17 ferred to in subsection (a) in making recommenda18 tions;

19 (ii) the change is consistent with the final cri20 teria referred to in subsection (a);

21 (iii) the Commission publishes a notice of the

22 proposed change in the Federal Register not less

23 than 30 days before transmitting its recommenda24 tions to the Director pursuant to subparagraph (A);

25 and
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1 (iv) the Commission conducts public hearings

2 on the proposed change.

3 (B) Subparagraph (A) shall apply to a change by the

4 Commission in the Director’s recommendations that

5 would—

6 (i) add an office to the offices of Federal agen7 cies recommended by the Director for closure or con8 solidation;

9 (ii) increase the extent of the consolidation of

10 offices of a Federal agency recommended by the Di11 rector;

12 (iii) increase the scope of Federal Government

13 property disposals recommended by the Director;

14 (iv) increase the scope of procurement of func15 tions currently performed by Federal agencies rec16 ommended by the Director;

17 (v) add a provision of Federal statute to the

18 provisions of Federal statutes recommended by the

19 Director for repeal; or

20 (vi) add a Federal regulation to the Federal

21 regulations recommended by the Director for termi22 nation.

23 (4) The Commission shall explain and justify in the

24 report under paragraph (2) any recommendation made by
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1 the Commission that is different from the recommenda2 tions made by the Director.

3 (5) After transmitting the report, the Commission

4 shall promptly provide, upon request, to any Member of

5 Congress information used by the Commission in making

6 its recommendations.

7 (d) ASSISTANCE FROM COMPTROLLER GENERAL.—

8 The Comptroller General of the United States shall—

9 (1) assist the Commission, to the extent re10 quested, in the Commission’s review and analysis of

11 the recommendations made by the Director pursuant

12 to subsection (b); and

13 (2) not later than 30 days after the date the

14 Commission transmits its report under subsection

15 (c), transmit to the congressional budget committees

16 and to the Commission a report containing a de17 tailed analysis of the Director’s recommendations

18 and selection process.

19 (e) REVIEW BY THE PRESIDENT.—(1) Not later than

20 30 days after receiving the report of the Commission

21 under subsection (c), the President shall transmit to the

22 Commission and to the congressional budget committees

23 a report containing the President’s approval or dis24 approval of the Commission’s recommendations.
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1 (2) If the President approves all of the recommenda2 tions of the Commission, the President shall transmit a

3 copy of such recommendations to the congressional budget

4 committees together with a certification of such approval.

5 (3) If the President disapproves the recommendations

6 of the Commission, in whole or in part, the President shall

7 transmit to the Commission and the congressional budget

8 committees notice of and the reasons for that disapproval.

9 The Commission shall then transmit to the President, not

10 later than 30 days after receiving the notice of dis11 approval, a revised list of recommendations.

12 (4) If the President approves all of the revised rec13 ommendations of the Commission transmitted to the

14 President under paragraph (3), the President shall trans15 mit a copy of such revised recommendations to the con16 gressional budget committees, together with a certification

17 of such approval.

18 (5) If the President does not transmit to the congres19 sional budget committees an approval and certification de20 scribed in paragraph (2) or (4) within 30 days after receiv21 ing the report of the Commission under subsection (c),

22 the process by which Federal Government property may

23 be disposed of, offices of Federal agencies may be closed

24 or consolidated, functions may be procured from the pri25 vate sector, provisions of Federal statutes may be re-
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1 pealed, and effectiveness of Federal regulations may be

2 terminated under this Act shall be terminated.

3 (f) MINIMUM BUDGETARY SAVINGS.—In preparing

4 their recommendations under this section, the Director

5 and the Commission shall seek to make recommendations

6 that, if fully implemented, would achieve at least—

7 (1) $50,000,000,000 in increased receipts; and

8 (2) $25,000,000,000 in reduced outlays.

9 SEC. 4. DISPOSAL OF PROPERTY, CLOSURE AND CONSOLI10 DATION OF OFFICES, PROCUREMENT OF

11 FUNCTIONS, REPEAL OF STATUTES, AND TER12 MINATION OF REGULATIONS.

13 (a) DISPOSALS OF PROPERTY.—Subject to sub14 section (f)—

15 (1) Federal Government property that is rec16 ommended for disposal in the report transmitted to

17 the congressional budget committees by the Presi18 dent pursuant to section 3(e) is deemed to be sur19 plus property for purposes of the Federal Property

20 and Administrative Services Act of 1949; and

21 (2) the Administrator of General Services shall

22 dispose of all such property in accordance with that

23 Act by not later than 1 year after the end of the pe24 riod described in subsection (f)(1)(A).
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1 (b) CLOSURES AND CONSOLIDATIONS.—Subject to

2 subsection (f), the Director shall—

3 (1) close all offices of Federal agencies rec4 ommended for closure in the report transmitted to

5 the congressional budget committees by the Presi6 dent pursuant to section 3(e);

7 (2) consolidate all such offices recommended for

8 consolidation in that report;

9 (3) initiate all such closures and consolidations

10 no later than 1 year after the date on which the

11 President transmits a report pursuant to section

12 3(e) containing the recommendations for such clo13 sures or consolidations; and

14 (4) complete the closures and consolidations not

15 later than the end of the 6-year period beginning on

16 the date on which the President transmits that re17 port.

18 (c) PROCUREMENT OF FUNCTIONS.—Subject to sub19 section (f), the head of a Federal agency that performs

20 a function that, in the report transmitted to the congres21 sional budget committees by the President pursuant to

22 section 3(e), is recommended for procurement from the

23 private sector shall award a contract for that procurement

24 by not later than 1 year after the date on which the Presi-
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1 dent transmits a report pursuant to section 3(e) contain2 ing the recommendation.

3 (d) REPEAL OF STATUTES.—Subject to subsection

4 (f), a provision of Federal statute that is recommended

5 be repealed in the report transmitted to the congressional

6 budget committees by the President pursuant to section

7 3(e) is deemed to be repealed on the day after the last

8 date on which a joint resolution disapproving the rec9 ommendation may be enacted in accordance with sub10 section (f).

11 (e) TERMINATION OF REGULATIONS.—Subject to

12 subsection (f), a Federal regulation the effectiveness of

13 which is recommended be terminated in the report trans14 mitted to the congressional budget committees by the

15 President pursuant to section 3(e) shall not be effective

16 after the last date on which a joint resolution disapproving

17 the recommendation may be enacted in accordance with

18 subsection (f).

19 (f) CONGRESSIONAL DISAPPROVAL.—(1) The Admin20 istrator of General Services may not carry out any dis21 posal of Federal Government property recommended in

22 the report transmitted by the President pursuant to sec23 tion 3(e), the Director may not carry out any closure or

24 consolidation of an office recommended in that report, the

25 head of a Federal agency may not award a contract for
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1 a procurement recommended in that report, a provision

2 of Federal statute shall not be repealed under subsection

3 (d), and the effectiveness of a Federal regulation shall not

4 be terminated under subsection (e), if a joint resolution

5 is enacted, in accordance with the provisions of section 9,

6 disapproving the recommendation before the earlier of—

7 (A) the end of the 30-day period beginning on

8 the date on which the President transmits the re9 port; or

10 (B) an adjournment of Congress sine die for

11 the session in which the report is transmitted.

12 (2) For purposes of paragraph (1) of this subsection

13 and subsections (a) and (c) of section 9, the days on which

14 either House of Congress is not in session because of an

15 adjournment of more than three days to a day certain

16 shall be excluded in the computation of a period.

17 (g) PRIORITY FOR CLOSING OFFICES IN FOREIGN

18 COUNTRIES.—In closing offices of Federal agencies under

19 this section, the Director shall to the extent possible give

20 priority to closing offices located in foreign countries.

21 SEC. 5. IMPLEMENTATION.

22 (a) IN GENERAL.—In closing or consolidating any of23 fice of a Federal agency under this Act, the Director

24 may—
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1 (1) take such actions as may be necessary to

2 close or consolidate the office, including the acquisi3 tion of such land, the construction of such replace4 ment facilities, the performance of such activities,

5 and the conduct of such advance planning and de6 sign as may be required to transfer functions from

7 an office being closed or consolidated to another of8 fice, and may use for such purpose funds in the Ac9 count or funds appropriated to that Federal agency

10 for use in planning and design, minor construction,

11 or operation and maintenance; and

12 (2) reimburse other Federal agencies for ac13 tions performed at the request of the Director with

14 respect to any such closure or consolidation, and

15 may use for such purpose funds in the Account or

16 funds appropriated to the Federal agency in which

17 the closed or consolidated office is located and avail18 able for such purpose.

19 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

20 (1) The Director, with respect to excess and surplus real

21 property and facilities located at an office closed or con22 solidated under this Act, may exercise—

23 (A) the authority of the Administrator of Gen24 eral Services to utilize excess property under section
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1 202 of the Federal Property and Administrative

2 Services Act of 1949 (40 U.S.C. 483);

3 (B) the authority of the Administrator of Gen4 eral Services to dispose of surplus property under

5 section 203 of that Act (40 U.S.C. 484);

6 (C) the authority of the Administrator of Gen7 eral Services to grant approvals and make deter8 minations under section 13(g) of the Surplus Prop9 erty Act of 1944 (50 U.S.C. App. 1622(g)); and

10 (D) the authority of the Administrator of Gen11 eral Services to determine the availability of excess

12 or surplus real property for wildlife conservation

13 purposes in accordance with the Act of May 19,

14 1948 (16 U.S.C. 667b).

15 (2)(A) Subject to subparagraph (C) and paragraphs

16 (3), (4), (5), and (6), the Director shall exercise the au17 thority of the Director under paragraph (1) in accordance

18 with—

19 (i) all regulations in effect on the date of the

20 enactment of this Act (other than regulations the ef21 fectiveness of which is terminated under this Act)

22 governing the utilization of excess property and the

23 disposal of surplus property under the Federal Prop24 erty and Administrative Services Act of 1949; and
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1 (ii) all regulations in effect on the date of the

2 enactment of this Act (other than regulations the ef3 fectiveness of which is terminated under this Act)

4 governing the conveyance and disposal of property

5 under section 13(g) of the Surplus Property Act of

6 1944 (50 U.S.C. App. 1622(g)).

7 (B) The Director, after consulting with the Adminis8 trator of General Services, may issue regulations that are

9 necessary to carry out the delegation of authority required

10 by paragraph (1).

11 (C) The authority of the Director under paragraph

12 (1) shall not include the authority to prescribe general

13 policies and methods for utilizing excess property and dis14 posing of surplus property.

15 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

16 POLICY ACT OF 1969.—(1) The provisions of the National

17 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

18 seq.) shall not apply to the actions of the President, the

19 Commission, and, except as provided in paragraph (2),

20 any Federal official in carrying out this Act.

21 (2)(A) The provisions of the National Environmental

22 Policy Act of 1969 shall apply to actions of a Federal offi23 cial under this Act (i) during the process of property dis24 posal, and (ii) during the process of relocating functions

25 from an office being closed or consolidated to another of-
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1 fice after the receiving office has been selected but before

2 the functions are relocated.

3 (B) In applying the provisions of the National Envi4 ronmental Policy Act of 1969 to the processes referred

5 to in subparagraph (A), a Federal official shall not have

6 to consider—

7 (i) the need for closing or consolidating the of8 fice which has been recommended for closure or con9 solidation by the Commission;

10 (ii) the need for transferring functions to any

11 office which has been selected as the receiving office;

12 or

13 (iii) offices alternative to those recommended or

14 selected.

15 (3) A civil action for judicial review, with respect to

16 any requirement of the National Environmental Policy Act

17 of 1969 to the extent such Act is applicable under para18 graph (2), of any act or failure to act by a Federal official

19 during the closing, consolidating, or relocating of functions

20 referred to in clauses (i) and (ii) of paragraph (2)(A), may

21 not be brought more than 60 days after the date of such

22 act or failure to act.

23 (d) WAIVERS.—The Director may close or consolidate

24 offices under this Act without regard to—
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1 (1) any provision of law restricting the use of

2 funds for closing or consolidating offices included in

3 any appropriations or authorization Act; and

4 (2) sections 2662 and 2687 of title 10, United

5 States Code.

6 (e) APPLICABILITY OF CERCLA.—Section 120 of

7 the Comprehensive Environmental Response, Compensa8 tion, and Liability Act of 1980 (42 U.S.C. 9620) shall

9 not apply with respect to any surplus property that is dis10 posed of pursuant to a closure or consolidation of an office

11 under this Act by conveyance to a person that is not a

12 Federal department, agency, or instrumentality, if—

13 (1) the transfer of property is contingent on

14 cleanup;

15 (2) there is a contractual commitment by the

16 purchaser to do the cleanup;

17 (3) the cleanup is in conformance with the na18 tional contingency plan; and

19 (4) the cleanup substantially meets the stand20 ards of section 121 of the Comprehensive Environ21 mental Response, Compensation, and Liability Act

22 of 1980 (42 U.S.C. 9621) to the satisfaction of the

23 Environmental Protection Agency if the property is

24 part of a parcel listed on the national priorities list,

25 and of the State.
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1 SEC. 6. ACCOUNT.

2 (a) IN GENERAL.—(1) There is hereby established on

3 the books of the Treasury an account to be known as the

4 ‘‘Reinventing Government Account 1994’’ which shall be

5 administered by the Director as a single account.

6 (2) There shall be deposited into the Account—

7 (A) funds authorized for and appropriated to

8 the Account;

9 (B) any funds that the Director may, subject to

10 approval in an appropriation Act, transfer to the Ac11 count from funds appropriated for any purpose, ex12 cept that such funds may be transferred only after

13 the date on which the Director transmits written no14 tice of, and justification for, such transfer to the

15 congressional budget committees; and

16 (C) except as provided in subsection (d), pro17 ceeds received from the transfer or disposal of any

18 property at an office closed or consolidated under

19 this Act.

20 (b) USE OF FUNDS.—The Director may use the

21 funds in the Account only for the purposes described in

22 section 5.

23 (c) REPORTS.—(1)(A) No later than 60 days after

24 the end of each fiscal year in which the Director carries

25 out activities under this Act, the Director shall transmit

26 a report to the congressional budget committees of the
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1 amount and nature of the deposits into, and the expendi2 tures from, the Account during such fiscal year and of

3 the amount and nature of other expenditures made pursu4 ant to section 2905(a) during such fiscal year.

5 (B) The report for a fiscal year shall include the fol6 lowing:

7 (i) The obligations and expenditures from the

8 Account during the fiscal year, identified by sub9 account, for each executive department.

10 (ii) The fiscal year in which appropriations for

11 such expenditures were made and the fiscal year in

12 which funds were obligated for such expenditures.

13 (2) Unobligated funds which remain in the Account

14 after the termination of the authority of the Director to

15 carry out a closure or consolidation under this Act shall

16 be held in the Account until transferred by law after the

17 congressional budget committees receive the report trans18 mitted under paragraph (3).

19 (3) No later than 60 days after the termination of

20 the authority of the Director to carry out a closure or con21 solidation under this Act, the Director shall transmit to

22 the congressional budget committees a report containing

23 an accounting of—
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1 (A) all the funds deposited into and expended

2 from the Account or otherwise expended under this

3 Act; and

4 (B) any amount remaining in the Account.

5 SEC. 7. REPORTS.

6 As part of the budget request for fiscal year 1995

7 and for each fiscal year thereafter, the Director shall

8 transmit to the congressional budget committees of Con9 gress—

10 (1) a schedule of the closure and consolidation

11 actions to be carried out under this Act in the fiscal

12 year for which the request is made and an estimate

13 of the total expenditures required and cost savings

14 to be achieved by each such closure and consolida15 tion and of the time period in which these savings

16 are to be achieved in each case; and

17 (2) a description of the offices, including those

18 under construction and those planned for construc19 tion, to which functions are to be transferred as a

20 result of such closures and consolidation.

21 SEC. 8. BUDGETARY TREATMENT.

22 (a) DIRECT SPENDING.—None of the changes in di23 rect spending (if any) resulting from this Act shall be re24 flected in estimates under section 252(d) of the Balanced

25 Budget and Emergency Deficit Control Act of 1985.
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1 (b) DISCRETIONARY SPENDING.—Upon the enact2 ment of reductions in discretionary spending pursuant to

3 the Act, the Director of the Office of Management and

4 Budget shall make downward adjustments in the discre5 tionary spending limits (new budget authority and out6 lays), as adjusted, set forth in 601(a)(2) of the Congres7 sional Budget Act of 1974 for each applicable fiscal year

8 through 1998 by the aggregate amount of such reductions

9 in discretionary spending for that fiscal year.

10 (c) SECTION 601.—Section 601(a)(2) of the Congres11 sional Budget Act of 1974 is amended by inserting ‘‘or

12 as adjusted pursuant to section 7(b) of the Reinventing

13 Government Act of 1994’’ before the period at the end.

14 (d) RECEIPTS.—All receipts resulting from this Act

15 shall be used solely to reduce the public debt.

16 SEC. 9. CONGRESSIONAL CONSIDERATION OF COMMISSION

17 REPORT.

18 (a) TERMS OF THE RESOLUTION.—For purposes of

19 section 4(f), the term ‘‘joint resolution’’ means only a joint

20 resolution which is introduced within the 10-day period

21 beginning on the date on which the President transmits

22 the report to the Congress under section 3(e), and—

23 (1) which does not have a preamble;

24 (2) the matter after the resolving clause of

25 which is as follows: ‘‘That Congress disapproves the
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1 recommendations of the Reinventing Government

2 Commission as submitted by the President on

3 llllllll’’, the blank space being filled in

4 with the appropriate date; and

5 (3) the title of which is as follows: ‘‘Joint reso6 lution disapproving the recommendations of the Fed7 eral Privatization Commission.’’.

8 (b) REFERRAL.—A resolution described in subsection

9 (a) that is introduced in the House of Representatives

10 shall be referred to the Committee on the Budget of the

11 House of Representatives. A resolution described in sub12 section (a) introduced in the Senate shall be referred to

13 the Committee on the Budget of the Senate.

14 (c) DISCHARGE.—If the committee to which a resolu15 tion described in subsection (a) is referred has not re16 ported such resolution (or an identical resolution) by the

17 end of the 20-day period beginning on the date on which

18 the President transmits the report to the Congress under

19 section 3(e), such committee shall be, at the end of such

20 period, discharged from further consideration of such reso21 lution, and such resolution shall be placed on the appro22 priate calendar of the House involved.

23 (d) CONSIDERATION.—(1) On or after the third day

24 after the date on which the committee to which such a

25 resolution is referred has reported, or has been discharged
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1 (under subsection (c)) from further consideration of, such

2 a resolution, it is in order (even though a previous motion

3 to the same effect has been disagreed to) for any Member

4 of the respective House to move to proceed to the consider5 ation of the resolution. A Member may make the motion

6 only on the day after the calendar day on which the Mem7 ber announces to the House concerned the Member’s in8 tention to make the motion, except that, in the case of

9 the House of Representatives, the motion may be made

10 without such prior announcement if the motion is made

11 by direction of the committee to which the resolution was

12 referred. All points of order against the resolution (and

13 against consideration of the resolution) are waived. The

14 motion is highly privileged in the House of Representatives

15 and is privileged in the Senate and is not debatable. The

16 motion is not subject to amendment, or to a motion to

17 postpone, or to a motion to proceed to the consideration

18 of other business. A motion to reconsider the vote by

19 which the motion is agreed to or disagreed to shall not

20 be in order. If a motion to proceed to the consideration

21 of the resolution is agreed to, the respective House shall

22 immediately proceed to consideration of the joint resolu23 tion without intervening motion, order, or other business,

24 and the resolution shall remain the unfinished business of

25 the respective House until disposed of.
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1 (2) Debate on the resolution, and on all debatable

2 motions and appeals in connection therewith, shall be lim3 ited to not more than 2 hours, which shall be divided

4 equally between those favoring and those opposing the res5 olution. An amendment to the resolution is not in order.

6 A motion further to limit debate is in order and not debat7 able. A motion to postpone, or a motion to proceed to the

8 consideration of other business, or a motion to recommit

9 the resolution is not in order. A motion to reconsider the

10 vote by which the resolution is agreed to or disagreed to

11 is not in order.

12 (3) Immediately following the conclusion of the de13 bate on a resolution described in subsection (a) and a sin14 gle quorum call at the conclusion of the debate if re15 quested in accordance with the rules of the appropriate

16 House, the vote on final passage of the resolution shall

17 occur.

18 (4) Appeals from the decisions of the Chair relating

19 to the application of the rules of the Senate or the House

20 of Representatives, as the case may be, to the procedure

21 relating to a resolution described in subsection (a) shall

22 be decided without debate.

23 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be24 fore the passage by one House of a resolution of that

25 House described in subsection (a), that House receives
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1 from the other House a resolution described in subsection

2 (a), then the following procedures shall apply:

3 (A) The resolution of the other House shall not

4 be referred to a committee and may not be consid5 ered in the House receiving it except in the case of

6 final passage as provided in subparagraph (B)(ii).

7 (B) With respect to a resolution described in

8 subsection (a) of the House receiving the resolu9 tion—

10 (i) the procedure in that House shall be

11 the same as if no resolution had been received

12 from the other House; but

13 (ii) the vote on final passage shall be on

14 the resolution of the other House.

15 (2) Upon disposition of the resolution received from

16 the other House, it shall no longer be in order to consider

17 the resolution that originated in the receiving House.

18 (f) RULES OF THE SENATE AND HOUSE.—This sec19 tion is enacted by Congress—

20 (1) as an exercise of the rulemaking power of

21 the Senate and House of Representatives, respec22 tively, and as such it is deemed a part of the rules

23 of each House, respectively, but applicable only with

24 respect to the procedure to be followed in that

25 House in the case of a resolution described in sub-
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1 section (a), and it supersedes other rules only to the

2 extent that it is inconsistent with such rules; and

3 (2) with full recognition of the constitutional

4 right of either House to change the rules (so far as

5 relating to the procedure of that House) at any time,

6 in the same manner, and to the same extent as in

7 the case of any other rule of that House.

8 SEC. 10. DEFINITIONS.

9 For purposes of this Act:

10 (1) The term ‘‘Account’’ means the Reinventing

11 Government Account of 1994 established by section

12 6(a)(1).

13 (2) The term ‘‘Commission’’ means the

14 Reinventing Government Commission established by

15 section 2(a).

16 (3) The term ‘‘congressional budget commit17 tees’’ means the Committee on the Budget of each

18 of the House of Representatives and the Senate.

19 (4) The term ‘‘consolidation’’ includes any ac20 tion which both reduces and relocates functions and

21 personnel positions.

22 (5) The term ‘‘Director’’ means the Director of

23 the Office of Management and Budget.

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