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103D CONGRESS

1ST SESSION S. 15

To establish a Commission on Government Reform.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. ROTH (for himself and Mr. CAMPBELL) introduced the following bill;

which was read twice and referred to the Committee on Governmental Affairs

A BILL

To establish a Commission on Government 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 FINDINGS.

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

5 ‘‘Reinventing Government Act’’.

6 (b) FINDINGS.—

7 The Congress finds that the American people

8 face a crisis of confidence in the Federal Govern9 ment that cannot be remedied without dramatic and

10 fundamental reform. Recent polls indicate that an

11 all-time low of only 17 percent of the public ap12 proves of Congress, that 78 percent are dissatisfied
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1 or angry about the Federal Government, and that

2 Americans think an average of 48 cents out of every

3 dollar in Federal taxes is wasted. While the Amer4 ican people are demanding more performance from

5 their Government for less money, Congress and the

6 executive branch still debate the same old options of

7 fewer services or higher taxes.

8 The Federal Government has many talented

9 and hardworking employees whose effectiveness is

10 hindered by existing organizations and operations.

11 Such organizations have too often become inefficient

12 and have structures and missions not reflecting cur13 rent domestic and international priorities. These or14 ganizations were developed during the industrial era

15 and have large, centralized bureaucracies, a pre16 occupation with rules and regulations, and a hier17 archical chain of command. Such governmental orga18 nizations are so obsessed with regulating processes

19 and procedures that they have ignored the outcomes

20 of their programs.

21 Unlike the Federal Government, American cor22 porations have spent the last decade making revolu23 tionary changes by streamlining their organizations,

24 decentralizing authority, flattening hierarchies, fo25 cusing on quality, and emphasizing responsiveness to
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1 the customer. State and local governments have also

2 begun to apply those same principles of post-indus3 trial organization and uses of technology in success4 ful efforts aimed at reinventing government. There

5 is now a crucial need for a serious examination of

6 how the Federal Government might apply such orga7 nizational and operational reforms to its own institu8 tions.

9 SEC. 2. DEFINITIONS.

10 In this Act—

11 (1) ‘‘Commission’’ means the Commission on

12 Government Reform established by section 3.

13 (2) ‘‘executive entities’’ includes all Federal de14 partments, independent agencies, Government-spon15 sored enterprises, and Government corporations.

16 SEC. 3. THE COMMISSION.

17 (a) ESTABLISHMENT.—There is established an inde18 pendent commission to be known as the ‘‘Commission on

19 Government Reform’’.

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

21 duties specified for it in this Act.

22 (c) APPOINTMENT.—(1) The Commission shall be bi23 partisan, composed of 9 members appointed by the Presi24 dent, by and with the advice and consent of the Senate,
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1 of whom there must be at least 4 members from each of

2 the two major political parties.

3 (2) The President shall transmit to the Senate the

4 nominations for the appointment to the Commission not

5 later than 60 days after the date of enactment of this Act.

6 (3) In selecting nominees for appointment to the

7 Commission, the President shall consult with—

8 (A) the Speaker of the House of Representa9 tives;

10 (B) the majority leader of the Senate;

11 (C) the minority leader of the House of Rep12 resentatives; and

13 (D) the minority leader of the Senate.

14 (4) When the President submits to the Congress

15 nominations for appointment to the Commission, the

16 President shall designate 1 nominee to serve as chairman

17 of the Commission.

18 (d) TERMS.—Each member of the Commission ap19 pointed under paragraph (1)(A) shall serve until the ter20 mination of the Commission.

21 (e) MEETINGS.—(1) Each meeting of the Commis22 sion, except a meeting in which classified information is

23 to be discussed, shall be open to the public.

24 (2) All the proceedings, information, and delibera25 tions of the Commission shall be open, upon request, to
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1 the chairman and the ranking minority member of the

2 Committee on Governmental Affairs of the Senate and the

3 chairman and the ranking minority member of the Com4 mittee on Government Operations of the House of Rep5 resentatives.

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

7 be filled in the same manner as was the original appoint8 ment.

9 (g) PAY AND TRAVEL EXPENSES.—(1)(A) The chair10 man of the Commission shall be paid at a rate equal to

11 the daily equivalent of the minimum annual rate of basic

12 pay payable for level III of the Executive Schedule under

13 section 5314 of title 5, United States Code, for each day

14 (including traveltime) during which the chairman is en15 gaged in the performance of duties vested in the Commis16 sion.

17 (B) Each member of the Commission other than the

18 chairman shall be paid at a rate equal to the daily equiva19 lent of the minimum annual rate of basic pay payable for

20 level IV of the Executive Schedule under section 5315 of

21 title 5, United States Code, for each day (including travel22 time) during which the member is engaged in the perform23 ance of duties vested in the Commission.

24 (2) Members of the Commission shall receive travel

25 expenses, including per diem in lieu of subsistence, in ac-
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1 cordance with sections 5702 and 5703 of title 5, United

2 States Code.

3 (h) DIRECTOR AND STAFF.—(1) The Commission

4 shall appoint a director of the Commission without regard

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

6 (2) The director shall be paid at the rate of basic

7 pay payable for level IV of the Executive Schedule under

8 section 5315 of title 5, United States Code.

9 (i) STAFF.—(1) The Director may, with the approval

10 of the Commission, appoint and fix the pay of employees

11 of the Commission without regard to the provisions of title

12 5, United States Code, governing appointment in the com13 petitive service, and any Commission employee may be

14 paid without regard to the provisions of chapter 51 and

15 subchapter III of chapter 53 of that title relating to classi16 fication and General Schedule pay rates, except that a

17 Commission employee may not receive pay in excess of the

18 annual rate of basic pay payable for level V of the Execu19 tive Schedule under section 5316 of title 5, United States

20 Code.

21 (2) Upon request of the director, the head of any

22 Federal department or agency may detail any of the per23 sonnel of the department or agency to the Commission to

24 assist the Commission in carrying out its duties under this

25 title.
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1 (3) The Comptroller General of the United States

2 shall provide assistance, including the detailing of employ3 ees, to the Commission in accordance with an agreement

4 entered into with the Commission.

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

6 procure by contract the temporary or intermittent services

7 of experts or consultants pursuant to section 3109 of title

8 5, United States Code.

9 (2) The Commission may lease space and acquire per10 sonal property to the extent that funds are available for

11 that purpose.

12 (k) FUNDING.—There are authorized to be appro13 priated to the Commission such sums as are necessary to

14 enable the Commission to carry out its duties under this

15 Act, such sums to remain available until expended.

16 (l) TERMINATION.—The Commission shall terminate

17 2 years after the date of enactment of this Act.

18 SEC. 4. PROCEDURES FOR MAKING RECOMMENDATIONS.

19 (a) IN GENERAL.—The Commission shall transmit to

20 the President findings and recommendations regarding

21 reforms of the organization and operations of the executive

22 branch of the Federal Government that would improve

23 governmental performance while minimizing costs. Such

24 recommendations shall promote economy, efficiency, and
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1 improved service in the transaction of the public business,

2 and shall include ways to—

3 (1) define program missions in terms of meas4 urable outcomes, emphasizing quality of service, cus5 tomer satisfaction, and result-oriented accountabil6 ity;

7 (2) reform personnel and management systems

8 so as to improve morale, inspire initiative, maximize

9 productivity and effectiveness, promote personal ac10 countability, and reward excellence;

11 (3) increase program responsiveness by reduc12 ing paperwork and procedural requirements and in13 creasing managerial discretion, in return for greater

14 accountability for achieving results;

15 (4) consolidate and streamline departments,

16 agencies, and programs so as to reduce costs, mini17 mize hierarchy, and focus responsibility;

18 (5) reduce the size of the Federal work force

19 through attrition and redirect funding toward im20 proved training and rewarding excellence in the work

21 force;

22 (6) promote the application of new information

23 technologies to improve management and reduce ad24 ministrative costs;
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1 (7) consolidate Federal grant programs to State

2 and local governments and establish criteria for

3 awarding grants on the basis of performance;

4 (8) develop procedures for the substantive re5 view and reauthorization of each Federal program at

6 least once every 5 years; and

7 (9) develop mechanisms to promote greater co8 operation and coordination between the legislative

9 and executive branches and greater attention to the

10 long-term impacts of budgetary and policy decisions.

11 (b) ACTION BY THE CONGRESS, COMPTROLLER GEN12 ERAL, AND THE DIRECTOR OF THE OFFICE OF MANAGE13 MENT AND BUDGET.—The Comptroller General of the

14 United States and the Director of the Office of Manage15 ment and Budget shall—

16 (1) assist the Commission, to the extent re17 quested, in the Commission’s review and analysis of

18 the matters described in subsection (a); and

19 (2) not later than January 1, 1994, transmit to

20 the Congress and to the Commission a report con21 taining a detailed analysis of any findings and statu22 tory recommendations they may choose to offer.

23 (c) REPORTS.—Not later than June 1, 1994, the

24 Commission shall transmit to the President and Congress

25 not more than 5 reports containing the Commission’s find-
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1 ings and statutory recommendations for the restructuring

2 of, or improving the operations of, governmental entities.

3 (d) UNDERLYING INFORMATION.—After June 1,

4 1994, the Commission shall, upon request, promptly pro5 vide to any member of Congress information used by the

6 Commission in making its findings and statutory rec7 ommendations.

8 (e) REPORTS BY THE PRESIDENT.—(1) Not later

9 than July 1, 1994, the President shall transmit to the

10 Commission and Congress separate reports containing the

11 President’s approval or disapproval of the Commission’s

12 reports made pursuant to subsection (c).

13 (2) If the President approves a report of the Commis14 sion, the President shall transmit a copy of the report to

15 the Congress, together with a certification of the approval.

16 (3) If the President disapproves a report of the Com17 mission, in whole or in part—

18 (A) the President shall transmit to the Commis19 sion and Congress the reasons for the disapproval;

20 and

21 (B) not later than July 15, 1994, the Commis22 sion shall transmit to the President a revised report

23 containing revised findings and statutory rec24 ommendations.
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1 (4) If the President approves a revised report of the

2 Commission submitted to the President pursuant to para3 graph (3)(B), the President shall transmit to Congress a

4 copy of the revised report together with a certification of

5 such approval.

6 (5) If the President does not transmit to the Con7 gress an approval and certification of a report or reports

8 by August 1, 1994, the process by which the report or

9 reports of the Commission are to be implemented shall be

10 terminated.

11 SEC. 5. IMPLEMENTATION OF COMMISSION RECOMMENDA12 TIONS FOR THE EXECUTIVE BRANCH.

13 (a) IN GENERAL.—Subject to subsection (b), the

14 President shall—

15 (1) restructure and improve the operation of all

16 executive branch organizations recommended for re17 form by the Commission in its reports transmitted

18 to the Congress by the President pursuant to section

19 4 (c) and (e);

20 (2) initiate all such restructuring and improve21 ments not later than 2 years after the date on which

22 the President transmits a report to the Congress

23 pursuant to section 4 (c) and (e) containing such

24 restructurings and improvements; and
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1 (3) complete all such restructurings and im2 provements not later than the end of the 6-year pe3 riod beginning on the date on which the President

4 transmits the report pursuant to section 4 (c) and

5 (e) containing such restructurings and improve6 ments.

7 (b) CONGRESSIONAL DISAPPROVAL.—

8 (1) IN GENERAL.—The President may not

9 carry out any restructuring and improvements rec10 ommended by the Commission in a report transmit11 ted from the President pursuant to section 4 (c) and

12 (e) if a joint resolution is enacted, in accordance

13 with subsection (c), disapproving the recommenda14 tions of the Commission before the earlier of—

15 (A) the end of the 30-day period beginning

16 on the date on which the President transmits

17 the report; or

18 (B) the adjournment of Congress sine die

19 for the session during which the report is trans20 mitted.

21 (2) CONGRESS NOT IN SESSION.— For the pur22 poses of paragraph (1) and subsection (c) (1) and

23 (3), the days on which either the House of Rep24 resentatives or the Senate is not in session because

25 of an adjournment of more than 3 days to a day cer-
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1 tain shall be excluded in the computation of a pe2 riod.

3 (c) CONGRESSIONAL CONSIDERATION OF COMMIS4 SION REPORT.—

5 (1) TERMS OF THE RESOLUTION.—For the pur6 poses of subsection (b), the term ‘‘joint resolution’’

7 means a joint resolution that—

8 (A) is introduced within the 5-day period

9 beginning on the date on which the President

10 transmits a report to the Congress under sec11 tion 4 (c) and (e);

12 (B) does not have a preamble;

13 (C) states after the resolving clause ‘‘That

14 Congress disapproves the recommendations of

15 the Commission on Government Reform submit16 ted by the President on ’’, the blank

17 space being filled in with the appropriate date;

18 and

19 (D) is entitled a ‘‘Joint resolution dis20 approving the recommendations of the Commis21 sion on Government Reform.’’.

22 (2) REFERRAL.—(A) A resolution described in

23 paragraph (1) that is introduced in the House of

24 Representatives shall be referred to the Committee
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1 on Government Operations of the House of Rep2 resentatives.

3 (B) A resolution described in paragraph (1)

4 that is introduced in the Senate shall be referred to

5 the Committee on Governmental Affairs of the Sen6 ate.

7 (3) DISCHARGE.—If the committee to which a

8 resolution described in paragraph (1) is referred has

9 not reported the resolution (or an identical resolu10 tion) by the end of the 20-day period beginning on

11 the date on which the President transmits the report

12 to the Congress under section 4 (c) and (e), such

13 committee shall, at the end of that period, be dis14 charged from further consideration of the resolution,

15 and the resolution shall be placed on the appropriate

16 calendar of the House of Representatives or the Sen17 ate, as the case may be.

18 (4) CONSIDERATION.—(A)(i) On or after the

19 third day after the date on which the committee to

20 which a joint resolution described in paragraph (1)

21 is referred has reported, or has been discharged

22 (under paragraph (3)) from further consideration of,

23 such a resolution, it is in order (even though a pre24 vious motion to the same effect has been disagreed

25 to) for any member of the House of Representatives
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1 or the Senate, respectively, to move to proceed to the

2 consideration of the resolution (but only on the date

3 after the calendar day on which the member an4 nounces to the House concerned the member’s inten5 tion to do so).

6 (ii) All points of order against a resolution de7 scribed in paragraph (1) (and against consideration

8 of the resolution) are waived.

9 (iii)(I) A motion to proceed to the consideration

10 of a joint resolution described in paragraph (1) is

11 highly privileged in the House of Representatives

12 and is privileged in the Senate and is not debatable.

13 (II) A motion described in subclause (I) is not

14 subject to amendment, to a motion to postpone con15 sideration of the resolution, or to a motion to pro16 ceed to the consideration of other business.

17 (III) A motion to reconsider the vote by which

18 a motion described in subclause (I) is agreed to or

19 not agreed to shall not be in order.

20 (IV) If a motion described in subclause (I) is

21 agreed to, the House of Representatives or the Sen22 ate, as the case may be, shall immediately proceed

23 to consideration of the joint resolution without inter24 vening motion, order, or other business, and the res25 olution shall remain the unfinished business of the
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1 House of Representatives or the Senate, as the case

2 may be, until disposed of.

3 (B)(i) Debate on a joint resolution described in

4 paragraph (1) and on all debatable motions and ap5 peals in connection therewith shall be limited to not

6 more than 5 hours, which shall be divided equally

7 between those favoring and those opposing the reso8 lution.

9 (ii) An amendment to a joint resolution de10 scribed in paragraph (1) is not in order.

11 (iii) A motion further to limit debate on a joint

12 resolution described in paragraph (1) is in order and

13 not debatable.

14 (iv) A motion to postpone consideration of a

15 joint resolution described in paragraph (1), a motion

16 to proceed to the consideration of other business, or

17 a motion to recommit the resolution is not in order.

18 (v) A motion to reconsider the vote by which a

19 resolution described in paragraph (1) is agreed to or

20 not agreed to is not in order.

21 (C) Immediately following the conclusion of the

22 debate on a joint resolution described in paragraph

23 (1) and a single quorum call at the conclusion of the

24 debate if requested in accordance with the rules of

25 the House of Representatives or the Senate, as the
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1 case may be, the vote on final passage of the resolu2 tion shall occur.

3 (D) Appeals from the decisions of the Chair re4 lating to the application of the rules of the House

5 of Representatives or of the Senate, as the case may

6 be, to the procedure relating to a joint resolution de7 scribed in paragraph (1) shall be decided without de8 bate.

9 (5) CONSIDERATION BY OTHER HOUSE.—(A) If,

10 before the passage by one House of a joint resolu11 tion described in paragraph (1) that was introduced

12 in that House, that House receives from the other

13 House a joint resolution described in paragraph

14 (1)—

15 (i) the resolution of the other House shall

16 not be referred to a committee and may not be

17 considered in the House that receives it other18 wise than on final passage under clause (ii)(II);

19 and

20 (ii)(I) the procedure in the House that re21 ceives such a resolution with respect to such a

22 resolution that was introduced in that House

23 shall be the same as if no resolution had been

24 received from the other House; but
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1 (II) the vote on final passage shall be on

2 the resolution of the other House.

3 (B) Upon disposition of a joint resolution de4 scribed in paragraph (1) that is received by one

5 House from the other House, it shall no longer be

6 in order to consider such a resolution that was intro7 duced in the receiving House.

8 (6) RULES OF THE SENATE AND HOUSE OF

9 REPRESENTATIVES.—This subsection is enacted by

10 Congress—

11 (A) as an exercise of the rulemaking power

12 of the Senate and House of Representatives, re13 spectively, and is deemed to be part of the rules

14 of each House, respectively, but applicable only

15 with respect to the procedure to be followed in

16 that House in the case of a joint resolution de17 scribed in paragraph (1), and it supersedes

18 other rules only to the extent that it is incon19 sistent with such rules; and

20 (B) with full recognition of the constitu21 tional right of either House to change the rules

22 (so far as they relate to the procedure of that

23 House) at any time, in the same manner, and

24 to the same extent as in the case of any other

25 rule of that House.
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Æ