II

103D CONGRESS

1ST SESSION S. 101

To establish a National Commission on Executive Organization Reform.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. GLENN introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

A BILL

To establish a National Commission on Executive

Organization Reform.

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 AND PURPOSE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Executive Organization Reform Act of 1993’’.

6 (b) PURPOSE.—The purpose of this Act is to estab7 lish a commission to examine the performance of the Fed8 eral Government’s public mission and to make rec9 ommendations to improve that performance through more

10 effective and efficient management and organization of the

11 executive branch, particularly through the coordination
2

•S 101 IS

1 and consolidation of Government activities according to

2 and within major functions, and the elimination of out3 moded or duplicative Government activities.

4 SEC. 2. DEFINITIONS.

5 For purposes of this Act—

6 (1) the term ‘‘Commission’’ means the National

7 Commission on Executive Organization Reform; and

8 (2) the term ‘‘executive entity’’ means any Fed9 eral department, agency, quasi-independent agency,

10 independent agency, Government-sponsored enter11 prise or Government corporation.

12 SEC. 3. THE NATIONAL COMMISSION ON EXECUTIVE ORGA13 NIZATION.

14 (a) ESTABLISHMENT.—There is established an inde15 pendent commission to be known as the ‘‘National Com16 mission on Executive Organization Reform’’.

17 (b) DUTIES.—The Commission shall examine and

18 make recommendations with respect to—

19 (1) criteria for use by the President and Con20 gress in evaluating proposals to change the structure

21 of the executive branch, including criteria for estab22 lishing, altering, or overseeing the structure and or23 ganization of any executive entity;

24 (2) the organization and structure of the execu25 tive branch and its entities, including the advisability
3

•S 101 IS

1 of reorganizing, consolidating, or abolishing any

2 such entity, and the advisability of establishing any

3 new executive entity;

4 (3) the organization and delivery of Government

5 services, including the advisability or reorganizing,

6 consolidating or eliminating specific program activi7 ties, and the advisability of transferring activities to

8 State or local governments; and

9 (4) promoting economy, improving performance,

10 and ensuring adequate capacity of executive entities

11 to meet and manage their public missions.

12 (c) APPOINTMENT.—

13 (1) IN GENERAL.—(A) The Commission shall

14 be composed of 12 members.

15 (B) Appointments to the Commission shall be

16 made by no later than 60 days after the enactment

17 of this Act.

18 (2) MEMBERSHIP.—(A) The President shall ap19 point 4 members of the Commission who are not em20 ployed by the Federal Government or elected to Fed21 eral office (referred to as ‘‘citizen members’’). No

22 more than 2 of the members appointed by the Presi23 dent may be from the same political party as the

24 President.
4

•S 101 IS

1 (B) The Speaker of the House of Representa2 tives shall appoint 2 members, 1 of whom shall be

3 a citizen member and 1 of whom shall be a Member

4 of the House of Representatives.

5 (C) The Majority Leader of the Senate shall

6 appoint 2 members, 1 of whom shall be a citizen

7 member and 1 of whom shall be a Senator.

8 (D) The Minority Leader of the House of Rep9 resentatives shall appoint 2 members, 1 of whom

10 shall be a citizen member and 1 of whom shall be

11 a Member of the House of Representatives.

12 (E) The Minority Leader of the Senate shall

13 appoint 2 members, 1 of whom shall be a citizen

14 member and 1 of whom shall be a Senator.

15 (3) CHAIRMAN.—The President shall designate

16 1 member of the Commission, after consultation

17 with the Senate Majority Leader and the Speaker of

18 the House of Representatives, who shall serve as

19 Chairman of the Commission.

20 (d) TERMS.—Each member of the Commission shall

21 serve until the termination of the Commission.

22 (e) MEETINGS.—

23 (1) IN GENERAL.—The Commission shall meet

24 as necessary to carry out its responsibilities. The
5

•S 101 IS

1 Commission may conduct meetings outside the Dis2 trict of Columbia when necessary.

3 (2) PUBLIC ACCESS.—The provisions of section

4 552b of title 5, United States Code, shall apply to

5 meetings held by the Commission.

6 (f) VACANCIES.—A vacancy in the Commission shall

7 be filled in the same manner as the original appointment,

8 but the individual appointed to fill the vacancy shall serve

9 only for the unexpired portion of the term for which the

10 individual’s predecessor was appointed.

11 (g) PAY AND TRAVEL EXPENSES.—

12 (1) PAY.—(A) Each member, other than the

13 Chairman and Members of Congress, shall be paid

14 at a rate equal to the daily equivalent of the mini15 mum annual rate of basic pay payable for level IV

16 of the Executive Schedule under section 5315 of title

17 5, United States Code, for each day (including travel

18 time) during which the member is engaged in the ac19 tual performance of duties vested in the Commis20 sion.

21 (B) The Chairman shall be paid for each day

22 referred to in subparagraph (A) at a rate equal to

23 the daily equivalent of the minimum annual rate of

24 basic pay payable for level III of the Executive
6

•S 101 IS

1 Schedule under section 5314 of title 5, United

2 States Code.

3 (2) TRAVEL EXPENSES.—Members shall receive

4 travel expenses, including per diem in lieu of subsist5 ence, in accordance with sections 5702 and 5703 of

6 title 5, United States Code.

7 (h) DIRECTOR OF STAFF.—

8 (1) IN GENERAL.—The Commission shall, with9 out regard to section 5311(b) of title 5, United

10 States Code, appoint a Director who has not served

11 in Congress or been employed by the executive

12 branch during the 1-year period preceding the date

13 of such appointment.

14 (2) PAY.—The Director shall be paid at the

15 rate of basic pay payable for level IV of the Execu16 tive Schedule under section 5315 of title 5, United

17 States Code.

18 (i) STAFF.—

19 (1) IN GENERAL.—Subject to paragraphs (2)

20 and (3), the Director, with the approval of the Com21 mission, may appoint and fix the pay of additional

22 personnel.

23 (2) APPOINTMENTS WITHOUT REGARD TO COM24 PETITIVE SERVICE LIMITS.—The Director may make

25 such appointments without regard to the provisions
7

•S 101 IS

1 of title 5, United States Code, governing appoint2 ments in the competitive service, and any personnel

3 so appointed may be paid without regard to the pro4 visions of chapter 51 and subchapter III of chapter

5 53 of that title relating to classification and General

6 Schedule pay rates, except that an individual so ap7 pointed may not receive pay in excess of 120 percent

8 of the rate of basic pay payable for GS–15 of the

9 General Schedule.

10 (3) DETAILEES.—Upon request of the Director,

11 the head of any Federal department or agency may

12 detail any of the personnel of that department or

13 agency to the Commission to assist the Commission

14 in carrying out its duties under this Act.

15 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

16 Any Federal Government employee may be detailed

17 to the Commission with or without reimbursement,

18 and such detail shall be without interruption or loss

19 of civil service status or privilege.

20 (j) OTHER AUTHORITY.—

21 (1) INTERMITTENT SERVICES.—The Commis22 sion may procure by contract, to the extent funds

23 are available, the temporary or intermittent services

24 of experts or consultants pursuant to section 3109

25 of title 5, United States Code.
8

•S 101 IS

1 (2) LEASING AND PERSONAL PROPERTY.—The

2 Commission may lease space and acquire personal

3 property to the extent funds are available.

4 (k) FUNDING.—There are authorized to be appro5 priated to the Commission such funds as are necessary

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

7 remain available until expended.

8 (l) TERMINATION.—The Commission shall terminate

9 2 years after the date of enactment of this Act.

10 SEC. 4. COMMISSION REPORT.

11 (a) REPORT.—The Commission shall prepare and

12 transmit a report to the President and Congress no later

13 than 18 months after the first meeting of the Commission.

14 The report shall include—

15 (1) a description of the Commission’s rec16 ommendations and reasons for such recommenda17 tions; and

18 (2) statutory language necessary to accomplish

19 such terminations and combinations.

20 (b) DEPARTMENT AND AGENCY COOPERATION.—All

21 Federal departments, agencies, and divisions and employ22 ees of all departments, agencies, and divisions shall co23 operate fully with all requests for information from the

24 Commission and shall respond to any such requests for
9

•S 101 IS

1 information within 30 days or such other time agreed

2 upon by the requesting and requested parties.

3 SEC. 5. PROCEDURE FOR IMPLEMENTATION OF REPORT.

4 (a) INITIAL REPORT AND APPEAL PROCEDURE.—

5 The report required by section 4(a) shall be delivered to

6 the President and Congress and made available to the

7 public for 90 days after the date the initial report is sub8 mitted. During the 90-day period, the Commission shall

9 announce and hold public hearings for the purpose of re10 ceiving comments on the report and any amendments to

11 the report.

12 (b) FINAL REPORT.—The Commission shall prepare

13 and submit to the President a final report not later than

14 45 days after the conclusion of the period for public hear15 ings under subsection (a).

16 (c) REVIEW BY THE PRESIDENT.—

17 (1) IN GENERAL.—Not later than 15 days after

18 receipt of the final report pursuant to subsection (b),

19 the President shall approve or disapprove the report.

20 (2) APPROVAL.—If the report is approved the

21 President shall submit the report to the Congress for

22 approval under section 6.

23 (3) DISAPPROVAL.—If the President dis24 approves the final report, the President shall report

25 specific issues and objections, including the reasons
10

•S 101 IS

1 for any changes recommended in the report, to the

2 Commission and the Congress.

3 (4) FINAL REPORT AFTER DISAPPROVAL.—The

4 Commission shall consider any issues or objections

5 raised by the President and may modify the report

6 at its discretion based on such issues and objections.

7 Not later than 30 days after receipt of the Presi8 dent’s disapproval pursuant to paragraph (3), the

9 Commission shall submit the final report (as modi10 fied if modified) to the Congress for approval pursu11 ant to section 6.

12 SEC. 6. CONGRESSIONAL CONSIDERATION OF COMMISSION

13 REPORT.

14 (a) DEFINITIONS.—For purposes of this section—

15 (1) the term ‘‘joint resolution’’ means only a

16 joint resolution which is introduced within the 10-

17 session day period beginning on the date on which

18 the President or the Commission transmits the re19 port to the Congress under section 5(c) (2) or (3),

20 and—

21 (A) which does not have a preamble;

22 (B) the matter after the resolving clause of

23 which is as follows: ‘‘That Congress approves

24 the recommendations of the Federal Govern25 ment Streamlining Commission as submitted by
11

•S 101 IS

1 the President on as follows:’’,

2 the blank space being filled in with the appro3 priate date and the matter after the colon being

4 the report; and

5 (C) the title of which is as follows: ‘‘Joint

6 resolution approving the report of the Federal

7 Government Streamlining Commission.’’; and

8 (2) the term ‘‘session day’’ means a day that

9 both the Senate and the House of Representatives

10 are in session.

11 (b) REFERRAL.—A joint resolution described in sub12 section (a) that is introduced in the House of Representa13 tives shall be referred to the Committee on Government

14 Operations of the House of Representatives. A joint reso15 lution described in subsection (a) introduced in the Senate

16 shall be referred to the Committee on Governmental Af17 fairs of the Senate.

18 (c) DISCHARGE.—If the committee to which a joint

19 resolution described in subsection (a) is referred has not

20 reported such joint resolution by the end of the 5-session

21 day period beginning on the date of introduction of a joint

22 resolution pursuant to subsection (a), such committee

23 shall be, at the end of such period, discharged from fur24 ther consideration of such joint resolution, and such joint
12

•S 101 IS

1 resolution shall be placed on the appropriate calendar of

2 the House involved.

3 (d) CONSIDERATION.—

4 (1) IN GENERAL.—On or after the fifth session

5 day after the date on which the committee to which

6 such a joint resolution is referred has reported, or

7 has been discharged (under subsection (c)) from fur8 ther consideration of, such a joint resolution, it is in

9 order (even though a previous motion to the same

10 effect has been disagreed to) for any Member of the

11 respective House to move to proceed to the consider12 ation of the joint resolution (but only on the day

13 after the calendar day on which such Member an14 nounces to the House concerned the Member’s inten15 tion to do so). All points of order against the joint

16 resolution (and against consideration of the joint

17 resolution) are waived. The motion is highly privi18 leged in the House of Representatives and is privi19 leged in the Senate and is not debatable. The motion

20 is not subject to amendment, or to a motion to post21 pone, or to a motion to proceed to the consideration

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

23 which the motion is agreed to or disagreed to shall

24 not be in order. If a motion to proceed to the consid25 eration of the joint resolution is agreed to, the re-
13

•S 101 IS

1 spective House shall immediately proceed to consid2 eration of the joint resolution without intervening

3 motion, order, or other business, and the joint reso4 lution shall remain the unfinished business of the re5 spective House until disposed of.

6 (2) DEBATE.—Debate on the joint resolution,

7 and on all debatable motions and appeals in connec8 tion therewith, shall be limited to not more than 10

9 hours, which shall be divided equally between the

10 Majority Leader and the Minority Leader or their

11 designees. An amendment to the joint resolution is

12 not in order. A motion further to limit debate is in

13 order and not debatable. A motion to postpone, or

14 a motion to proceed to the consideration of other

15 business, or a motion to recommit the joint resolu16 tion is not in order. A motion to reconsider the vote

17 by which the joint resolution is agreed to or dis18 agreed to is not in order.

19 (3) FINAL PASSAGE.—Immediately following

20 the conclusion of the debate on a joint resolution de21 scribed in subsection (a) and a single quorum call at

22 the conclusion of the debate if requested in accord23 ance with the rules of the appropriate House, the

24 vote on final passage of the joint resolution shall

25 occur.
14

•S 101 IS

1 (4) APPEALS FROM CHAIR.—Appeals from the

2 decisions of the Chair relating to the application of

3 the rules of the Senate or the House of Representa4 tives, as the case may be, to the procedure relating

5 to a joint resolution described in subsection (a) shall

6 be decided without debate.

7 (e) CONSIDERATION BY OTHER HOUSE.—

8 (1) IN GENERAL.—If, before the passage by one

9 House of a joint resolution of that House described

10 in subsection (a), that House receives from the other

11 House a joint resolution described in subsection (a),

12 then the following procedures shall apply:

13 (A) The joint resolution of the other House

14 shall not be referred to a committee and may

15 not be considered in the House receiving it ex16 cept in the case of final passage as provided in

17 subparagraph (B)(ii).

18 (B) With respect to a joint resolution de19 scribed in subsection (a) of the House receiving

20 the joint resolution—

21 (i) the procedure in that House shall

22 be the same as if no joint resolution had

23 been received from the other House; but

24 (ii) the vote on final passage shall be

25 on the joint resolution of the other House.
15

•S 101 IS

1 (2) FINAL DISPOSITION.—Upon disposition of

2 the joint resolution received from the other House,

3 it shall no longer be in order to consider the joint

4 resolution that originated in the receiving House.

5 (f) RULES OF THE SENATE AND HOUSE.—This sec6 tion is enacted by Congress—

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

8 the Senate and House of Representatives, respec9 tively, and as such it is deemed a part of the rules

10 of each House, respectively, but applicable only with

11 respect to the procedure to be followed in that

12 House in the case of a joint resolution described in

13 subsection (a), and it supersedes other rules only to

14 the extent that it is inconsistent with such rules; and

15 (2) with full recognition of the constitutional

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

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

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

19 the case of any other rule of that House.

20 SEC. 7. IMPLEMENTATION.

21 (a) RESPONSIBILITY FOR IMPLEMENTATION.—The

22 Director of the Office of Management and Budget shall

23 have primary responsibility for implementation of the

24 Commission’s report. The Director of the Office of Man25 agement and Budget shall notify and provide direction to
16

•S 101 IS

1 heads of affected departments, agencies, and programs.

2 The head of an affected department, agency, or program

3 in which the program or agency is to be closed or consoli4 dated shall be responsible for the act of implementation

5 and shall proceed with the recommendations contained in

6 the report as provided in subsection (b).

7 (b) DEPARTMENTS AND AGENCIES.—After the ap8 proval of the Commission’s report under section 5, each

9 affected Federal department and agency as a part of its

10 annual budget request shall transmit to the appropriate

11 committees of Congress its schedule of closures and com12 binations to be carried out under the Commission’s report

13 for the fiscal year for which the closure or combination

14 is to be accomplished. In addition, the Secretary’s report

15 shall contain an estimate of the total expenditures re16 quired and the cost savings to be achieved by each closure

17 along with the Secretary’s assessment of the effect of the

18 action. The report shall also include a report of the pro19 grams and agencies consolidated or transferred to another

20 department as the result of the consolidations with an as21 sessment of the effect of the action.

22 (c) GAO OVERSIGHT.—The Comptroller General

23 shall have oversight responsibility over the implementation

24 of the Commission’s report. The Comptroller General shall

25 periodically report to the Congress and the President re-
17

•S 101 IS

1 garding the accomplishment, the costs, the timetable, and

2 the effectiveness of the implementation process.

3 SEC. 8. DISTRIBUTION OF ASSETS.

4 Any proceeds from the sale of assets of any depart5 ment or agency pursuant to the report of the Commission

6 shall be—

7 (1) applied to reduce the Federal deficit; and

8 (2) deposited in the Treasury and treated as

9 general receipts.

Æ

S 101 IS——2