Calendar No. 308

103D CONGRESS

1ST SESSION S. 1675

[Report No. 103–188]

A BILL

To reduce the costs and increase the effectiveness

of the Federal Government, and for other purposes.

NOVEMBER 18 (legislative day, NOVEMBER 2), 1993

Placed on the calendar
II

Calendar No. 308

103D CONGRESS

1ST SESSION S. 1675

[Report No. 103–188]

To reduce the costs and increase the effectiveness of the Federal Government,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 18 (legislative day, NOVEMBER 2), 1993

Mr. GLENN, from the Committee on Governmental Affairs, reported the

following original bill; which was read twice and placed on the calendar

A BILL

To reduce the costs and increase the effectiveness of the

Federal Government, and for other purposes.

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 ‘‘Government Streamlining and Reform Act of 1993’’.

6 (b) PURPOSE.—The purpose of this Act is to reduce

7 the costs and increase the effectiveness of the Federal

8 Government by consolidating redundant programs and
2

•S 1675 PCS

1 agencies, streamlining operations, improving management

2 and personnel systems, and promoting economy, effi3 ciency, consistency, and accountability in Government pro4 grams and services.

5 SEC. 2. THE COMMISSION.

6 (a) ESTABLISHMENT.—There is established an inde7 pendent commission to be known as the Commission on

8 Government Streamlining and Reform (hereafter in this

9 Act referred to as the ‘‘Commission’’).

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

11 make recommendations to reform the organization and op12 erations of the executive branch of the Federal Govern13 ment to improve governmental performance while reducing

14 costs. Such recommendations shall promote economy, effi15 ciency, effectiveness, consistency, and accountability in

16 Government programs and services, and shall include and

17 be limited to proposals to—

18 (1) consolidate or reorganize programs and

19 agencies in order to—

20 (A) improve the effective implementation

21 of their statutory missions;

22 (B) eliminate activities not essential to the

23 effective implementation of statutory missions;

24 or
3

•S 1675 PCS

1 (C) reduce the duplication of activities

2 among agencies;

3 (2) reduce paperwork and regulatory require4 ments consistent with statutory missions that unrea5 sonably burden either the public or Government;

6 (3) improve management capacity in agencies

7 (including central management agencies) to maxi8 mize productivity, effectiveness, and accountability

9 for program results, including the improvement of—

10 (A) personnel systems (including the ap11 propriate use of contractors);

12 (B) budgetary systems;

13 (C) financial systems;

14 (D) information systems; and

15 (E) procurement systems;

16 (4) coordinate the delivery of Government serv17 ices to improve procedural consistency and conven18 ience to persons dealing with agencies; and

19 (5) propose criteria for use by the President

20 and Congress in evaluating proposals to establish, or

21 to assign a function to, an executive entity, including

22 a Government corporation or Government-sponsored

23 enterprise.
4

•S 1675 PCS

1 (c) LIMITATIONS ON COMMISSION RECOMMENDA2 TIONS.—The Commission’s recommendations or proposals

3 under this Act may not provide for or have the effect of—

4 (1) continuing an agency beyond the period au5 thorized by law for its existence;

6 (2) continuing a function beyond the period au7 thorized by law for its existence;

8 (3) authorizing an agency to exercise a function

9 which is not already being performed by any agency;

10 (4) eliminating the enforcement functions of an

11 agency, except—

12 (A) such functions may be transferred to

13 another executive department or independent

14 agency; and

15 (B) the functions of an independent agency

16 may only be transferred to another independent

17 agency; or

18 (5) adding, deleting, or changing any rule of ei19 ther House of Congress.

20 (d) APPOINTMENT.—

21 (1) COMPOSITION.—

22 (A) The Commission shall be composed of

23 9 members. No more than 5 members shall be

24 affiliated with any one political party.
5

•S 1675 PCS

1 (B) Five members shall be appointed by

2 the President, one of whom the President shall

3 designate as the Chairman of the Commission.

4 In selecting individuals for appointment to the

5 Commission, the President shall consult with—

6 (i) the Majority Leader of the Senate

7 concerning the appointment of one mem8 ber;

9 (ii) the Speaker of the House of Rep10 resentatives concerning the appointment of

11 one member;

12 (iii) the Minority Leader of the Sen13 ate concerning the appointment of one

14 member; and

15 (iv) the Minority Leader of the House

16 of Representatives concerning the appoint17 ment of one member.

18 (C) One member shall be appointed by the

19 Majority Leader and one by the Minority Lead20 er of the Senate. One member shall be ap21 pointed by the Speaker and one by the Minority

22 Leader of the House of Representatives.

23 (2) MEMBERSHIP.—A member of the Commis24 sion may be any citizen of the United States, includ-
6

•S 1675 PCS

1 ing any elected or appointed public official, career

2 civil servant, or private citizen.

3 (3) CONFLICT OF INTERESTS.—For purposes of

4 the provisions of chapter 11 of part I of title 18,

5 United States Code, a member of the Commission

6 (to whom such provisions would not otherwise apply

7 except for this paragraph) shall be a special Govern8 ment employee.

9 (4) DATE OF APPOINTMENTS.—All members of

10 the Commission shall be appointed prior to October

11 15, 1993.

12 (e) TERMS.—Each member shall serve until the ter13 mination of the Commission.

14 (f) VACANCIES.—A vacancy on the Commission shall

15 be filled in the same manner as was the original appoint16 ment.

17 (g) MEETINGS.—The Commission shall meet as nec18 essary to carry out its responsibilities. The Commission

19 may conduct meetings outside the District of Columbia

20 when necessary.

21 (h) PAY AND TRAVEL EXPENSES.—

22 (1) PAY.—(A) Except for an individual who is

23 chairman of the Commission and is otherwise a Fed24 eral officer or employee, the chairman shall be paid

25 at a rate equal to the daily equivalent of the mini-
7

•S 1675 PCS

1 mum annual rate of basic pay payable for level III

2 of the Executive Schedule under section 5314 of title

3 5, United States Code, for each day (including trav4 eltime) during which the chairman is engaged in the

5 performance of duties vested in the Commission.

6 (B) Except for the chairman who shall be paid

7 as provided under subparagraph (A), each member

8 of the Commission who is not a Federal officer or

9 employee shall be paid at a rate equal to the daily

10 equivalent of the minimum annual rate of basic pay

11 payable for level IV of the Executive Schedule under

12 section 5315 of title 5, United States Code, for each

13 day (including traveltime) during which the member

14 is engaged in the performance of duties vested in the

15 Commission.

16 (2) TRAVEL.—Members of the Commission

17 shall receive travel expenses, including per diem in

18 lieu of subsistence, in accordance with sections 5702

19 and 5703 of title 5, United States Code.

20 (i) DIRECTOR.—

21 (1) APPOINTMENT.—The Commission shall ap22 point a Director of the Commission without regard

23 to section 5311(b) of title 5, United States Code.

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

25 rate of basic pay payable for level IV of the Execu-
8

•S 1675 PCS

1 tive Schedule under section 5315 of title 5, United

2 States Code.

3 (j) STAFF.—

4 (1) APPOINTMENT.—The Director may, with

5 the approval of the Commission, appoint and fix the

6 pay of employees of the Commission without regard

7 to the provisions of title 5, United States Code, gov8 erning appointment in the competitive service, and

9 any Commission employee may be paid without re10 gard to the provisions of chapter 51 and subchapter

11 III of chapter 53 of that title relating to classifica12 tion and General Schedule pay rates, except that a

13 Commission employee may not receive pay in excess

14 of the annual rate of basic pay payable for level V

15 of the Executive Schedule under section 5316 of title

16 5, United States Code.

17 (2) DETAIL.—(A) Upon request of the Direc18 tor, the head of any Federal department or agency

19 may detail any of the personnel of the department

20 or agency to the Commission to assist the Commis21 sion in carrying out its duties under this Act.

22 (B) Upon request of the Director, a Member of

23 Congress or an officer who is the head of an office

24 of the Senate or House of Representatives may de25 tail an employee of the office or committee of which
9

•S 1675 PCS

1 such Member or officer is the head to the Commis2 sion to assist the Commission in carrying out its du3 ties under this Act.

4 (C) Any Federal Government employee may be

5 detailed to the Commission with or without reim6 bursement, and such detail shall be without inter7 ruption or loss of civil service status or privilege.

8 (k) SUPPORT.—

9 (1) SUPPORT SERVICES.—The Office of Man10 agement and Budget shall provide support services

11 to the Commission.

12 (2) ASSISTANCE.—The Comptroller General of

13 the United States may provide assistance, including

14 the detailing of employees, to the Commission in ac15 cordance with an agreement entered into with the

16 Commission.

17 (l) OTHER AUTHORITY.—The Commission may pro18 cure by contract, to the extent funds are available, the

19 temporary or intermittent services of experts or consult20 ants pursuant to section 3109 of title 5, United States

21 Code. The Commission shall give public notice of any such

22 contract before entering into such contract.

23 (m) APPLICATION OF FEDERAL ADVISORY COMMIT24 TEE ACT.—The Commission shall be subject to the provi-
10

•S 1675 PCS

1 sions of the Federal Advisory Committee Act (5 U.S.C.

2 App.).

3 (n) FUNDING.—There are authorized to be appro4 priated to the Commission such sums as are necessary to

5 enable the Commission to carry out its duties under this

6 Act, such sums to remain available until December 31,

7 1995.

8 (o) TERMINATION.—The Commission shall terminate

9 no later than December 31, 1995.

10 SEC. 3. DEFINITION.

11 For purposes of this Act the term ‘‘agency’’ includes

12 all Federal departments, independent agencies, Govern13 ment-sponsored enterprises, and Government corpora14 tions.

15 SEC. 4. PROCEDURES FOR MAKING RECOMMENDATIONS.

16 (a) NATIONAL PERFORMANCE REVIEW.—

17 (1) SUBMISSION TO COMMISSION.—No later

18 than October 31, 1993, the President may submit to

19 the Commission a report making recommendations

20 to reform the organization and operations of the ex21 ecutive branch of the Federal Government. Such re22 port shall contain a single legislative proposal (in23 cluding legislation proposed to be enacted) to imple24 ment those recommendations for which legislation is

25 necessary or appropriate.
11

•S 1675 PCS

1 (2) COMMISSION REVIEW.—No later than De2 cember 31, 1993, the Commission shall submit to

3 the President—

4 (A) a single legislative proposal (including

5 legislation proposed to be enacted), which shall

6 consist of all, or any part of, the legislative pro7 posal received from the President under para8 graph (1), and any recommendations for fur9 ther revisions to the legislative proposal; or

10 (B) a message that the Commission was

11 unable to agree on such a proposal.

12 (3) SUBMISSION TO THE CONGRESS.—No later

13 than 30 calendar days after receiving a single legis14 lative proposal (including legislation proposed to be

15 enacted) from the Commission, the President shall—

16 (A) submit such legislative proposal with17 out modification, except for any revisions con18 sistent with the Commission’s recommenda19 tions, to the Congress for legislative action

20 under section 6; or

21 (B) transmit to the Congress a message

22 stating that he is not transmitting such legisla23 tive proposal for legislative action under section

24 6, together with a statement of the reasons for

25 doing so.
12

•S 1675 PCS

1 (b) IN GENERAL.—No later than March 31, 1995,

2 the Commission shall prepare and submit no more than

3 three preliminary reports to the President and Congress,

4 each of which shall include—

5 (1) a description of the Commission’s findings

6 and recommendations regarding reform of the orga7 nization and operations of the executive branch, tak8 ing into account any recommendations submitted by

9 the President to the Congress under subsection (a);

10 (2) reasons for such recommendations; and

11 (3) a single legislative proposal (including legis12 lation proposed to be enacted) to implement those

13 recommendations for which legislation is necessary

14 or appropriate.

15 (c) COMMISSION VOTES.—No legislative proposal or

16 preliminary or final report (including a final report after

17 disapproval) may be submitted by the Commission to the

18 President without the affirmative vote of at least 7 mem19 bers.

20 (d) 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
13

•S 1675 PCS

1 information within 30 calendar days or such other time

2 agreed upon by the requesting and requested parties.

3 SEC. 5. PROCEDURE FOR IMPLEMENTATION OF REPORTS.

4 (a) PRELIMINARY REPORT AND REVIEW PROCE5 DURE.—Any preliminary report submitted to the Presi6 dent and Congress under section 4(b) shall be made imme7 diately available to the public. During the 60-day period

8 beginning on the date on which the preliminary report is

9 submitted, the Commission shall announce and hold public

10 hearings for the purpose of receiving comments on the re11 ports.

12 (b) FINAL REPORT.—No later than 45 days after the

13 conclusion of the period for public hearing under sub14 section (a), the Commission shall prepare and submit a

15 final report to the President. Such report shall be made

16 available to the public on the date of submission to the

17 President.

18 (c) REVIEW BY THE PRESIDENT.—

19 (1) IN GENERAL.—No later than 15 calendar

20 days after receipt of a final report under subsection

21 (b), the President shall approve or disapprove the re22 port.

23 (2) APPROVAL.—If the report is approved, the

24 President shall submit the report to the Congress for

25 legislative action under section 6.
14

•S 1675 PCS

1 (3) DISAPPROVAL.—If the President dis2 approves a final report, the President shall report

3 specific issues and objections, including the reasons

4 for any changes recommended in the report, to the

5 Commission and the Congress.

6 (4) FINAL REPORT AFTER DISAPPROVAL.—The

7 Commission shall consider any issues or objections

8 raised by the President and may modify the report

9 based on such issues and objections. No later than

10 30 calendar days after receipt of the President’s dis11 approval under paragraph (3), the Commission shall

12 submit the final report (as modified if modified) to

13 the President. No later than 14 calendar days after

14 receiving such final report, the President shall sub15 mit such report (without modification) for legislative

16 action under section 6, or transmit a message to the

17 Congress stating that he is not transmitting such re18 port for legislative action under section 6 and stat19 ing the reasons for so doing.

20 SEC. 6. CONGRESSIONAL CONSIDERATION OF REFORM

21 PROPOSALS.

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

23 (1) the term ‘‘implementation bill’’ means only

24 a bill which is introduced as provided under sub25 section (b), and contains the proposed legislation—
15

•S 1675 PCS

1 (A) included in the final report submitted

2 to the Congress under section 5(c) (2) or (4),

3 without modification; or

4 (B) included in the recommendations sub5 mitted by the President under section 4(a)(3);

6 and

7 (2) the term ‘‘calendar day of session’’ means

8 a calendar day other than one on which either

9 House is not in session because of an adjournment

10 of more than three days to a date certain.

11 (b) INTRODUCTION, REFERRAL, AND REPORT OR

12 DISCHARGE.—

13 (1) INTRODUCTION.—On the first calendar day

14 of session on which both Houses are in session, on

15 or immediately following the date on which a pro16 posal is submitted to the Congress under section

17 4(a)(3) or a final report is submitted to the Con18 gress under section 5(c) (2) or (4), an implementa19 tion bill shall be introduced (by request)—

20 (A) in the Senate by the Majority Leader

21 of the Senate, for himself and the Minority

22 Leader of the Senate, or by Members of the

23 Senate designated by the Majority Leader and

24 Minority Leader of the Senate; and
16

•S 1675 PCS

1 (B) in the House of Representatives by the

2 Majority Leader of the House of Representa3 tives, for himself and the Minority Leader of

4 the House of Representatives, or by Members of

5 the House of Representatives designated by the

6 Majority Leader and Minority Leader of the

7 House of Representatives.

8 (2) REFERRAL.—The implementation bills in9 troduced under paragraph (1) shall be referred to

10 the appropriate committee, or committees for consid11 eration of those provisions within their respective ju12 risdictions. A committee to which an implementation

13 bill is referred under this paragraph may report

14 such bill to the respective House with amendments

15 proposed to be adopted. No such amendment may be

16 proposed unless such proposed amendment is ger17 mane to such bill.

18 (3) REPORT OR DISCHARGE.—If any committee

19 to which an implementation bill is referred has not

20 reported such bill by the end of the 30th calendar

21 day of session after the date of the introduction of

22 such bill, such committee shall be immediately dis23 charged from further consideration of such bill, and

24 upon being reported or discharged from all commit-
17

•S 1675 PCS

1 tees, such bill shall be placed on the appropriate cal2 endar.

3 (c) SENATE CONSIDERATION.—

4 (1) IN GENERAL.—On or after the fifth cal5 endar day of session after the date on which an im6 plementation bill is placed on the Senate calendar

7 under subsection (b)(3), it is in order (even if a pre8 vious motion to the same effect has been disagreed

9 to) for any Senator to make a privileged motion to

10 proceed to the consideration of the implementation

11 bill (but only on the day after the calendar day on

12 which such Senator announces on the floor of the

13 Senate an intention to make such motion). The mo14 tion is not debatable. All points of order against the

15 implementation bill (and against consideration of the

16 implementation bill) other than points of order

17 under Senate Rule 15, 16, or for failure to comply

18 with requirements of this section are waived. The

19 motion is not subject to a motion to postpone. A mo20 tion to reconsider the vote by which the motion to

21 proceed is agreed to or disagreed to shall not be in

22 order. If a motion to proceed to the consideration of

23 the implementation bill is agreed to, the Senate shall

24 immediately proceed to consideration of the imple25 mentation bill.
18

•S 1675 PCS

1 (2) DEBATE.—In the Senate, no amendment

2 which is not germane to the bill shall be in order.

3 A motion to postpone is not in order. A motion to

4 recommit the implementation bill is not in order. A

5 motion to reconsider the vote by which the imple6 mentation bill is agreed to or disagreed to is not in

7 order.

8 (3) MOTION TO SUSPEND OR WAIVE APPLICA9 TION.—No motion to suspend or waive the applica10 tion of this subsection shall be in order, nor shall it

11 be in order for the Presiding Officer to entertain a

12 request to suspend the application of this subsection

13 by unanimous consent.

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

15 decisions of the Chair relating to the application of

16 the rules of the Senate to the procedure relating to

17 an implementation bill shall be decided without de18 bate.

19 (d) CONSIDERATION IN THE HOUSE OF REPRESENT20 ATIVES.—

21 (1) IN GENERAL.—At any time on or after the

22 fifth session day after the date on which each com23 mittee of the House of Representatives to which an

24 implementation bill is referred has reported that bill,

25 or has been discharged under subsection (b)(3) from
19

•S 1675 PCS

1 further consideration of that bill, the Speaker may,

2 pursuant to clause 1(b) of rule XXIII, declare the

3 House resolved into the Committee of the Whole

4 House on the State of the Union for the consider5 ation of that bill. All points of order against the bill,

6 the consideration of the bill, and provisions of the

7 bill shall be waived, and the first reading of the bill

8 shall be dispensed with. After general debate, which

9 shall be confined to the bill and which shall not ex10 ceed 10 hours, to be equally divided and controlled

11 by the Majority Leader and the Minority Leader, the

12 bill shall be considered for amendment by title under

13 the five-minute rule and each title shall be consid14 ered as having been read.

15 (2) AMENDMENTS.—Each amendment shall be

16 considered as having been read, shall not be subject

17 to a demand for a division of the question in the

18 House or in the Committee of the Whole, and shall

19 be debatable for not to exceed 30 minutes, equally

20 divided and controlled by the proponent and a Mem21 ber opposed thereto, except that the time for consid22 eration, including debate and disposition, of all

23 amendments to the bill shall not exceed 20 hours.

24 (3) FINAL PASSAGE.—At the conclusion of the

25 consideration of the bill, the Committee shall rise
20

•S 1675 PCS

1 and report the bill to the House with such amend2 ments as may have been agreed to, and the previous

3 question shall be considered as ordered on the bill

4 and amendments thereto to final passage without in5 tervening motion except one motion to recommit.

6 (e) CONFERENCE.—

7 (1) APPOINTMENT OF CONFEREES.—In the

8 Senate, a motion to elect or to authorize the ap9 pointment of conferees shall not be debatable.

10 (2) CONFERENCE REPORT.—No later than 20

11 calendar days of session after the appointment of

12 conferees, the conferees shall report to their respec13 tive Houses.

14 (f) RULES OF THE SENATE AND HOUSE.—This sec15 tion is enacted by Congress—

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

17 the Senate and House of Representatives, respec18 tively, and as such it is deemed a part of the rules

19 of each House, respectively, but applicable only with

20 respect to the procedure to be followed in that

21 House in the case of an implementation bill de22 scribed in subsection (a), and it supersedes other

23 rules only to the extent that it is inconsistent with

24 such rules; and
21

•S 1675 PCS

1 (2) with full recognition of the constitutional

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

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

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

5 the case of any other rule of that House.

6 SEC. 7. IMPLEMENTATION.

7 (a) RESPONSIBILITY FOR IMPLEMENTATION.—The

8 Director of the Office of Management and Budget shall

9 have primary responsibility for implementation of the

10 Commission’s report and the Act enacted under section

11 6 (unless such Act provides otherwise). The Director of

12 the Office of Management and Budget shall notify and

13 provide direction to heads of affected departments, agen14 cies, and programs. The head of an affected department,

15 agency, or program shall be responsible for implementa16 tion and shall proceed with the recommendations con17 tained in the report as provided under subsection (b).

18 (b) DEPARTMENTS AND AGENCIES.—After the enact19 ment of an Act under section 6, each affected Federal de20 partment and agency as a part of its annual budget re21 quest shall transmit to the appropriate committees of Con22 gress its schedule for implementation of the provisions of

23 the Act for each fiscal year. In addition, the report shall

24 contain an estimate of the total expenditures required and

25 the cost savings to be achieved by each action, along with
22

•S 1675 PCS

1 the Secretary’s assessment of the effect of the action. The

2 report shall also include a report of any activities that

3 have been eliminated, consolidated, or transferred to other

4 departments or agencies.

5 (c) GAO OVERSIGHT.—The Comptroller General

6 shall periodically report to the Congress and the President

7 regarding the accomplishment, the costs, the timetable,

8 and the effectiveness of the implementation of any Act en9 acted under section 6.

10 SEC. 8. DISTRIBUTION OF ASSETS.

11 Any proceeds from the sale of assets of any depart12 ment or agency resulting from the enactment of an Act

13 under section 6 shall be—

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

15 (2) deposited in the Treasury and treated as

16 general receipts.

S 1675 PCS——2

S 1675 PCS——3