Government Reorganization and Improvement of Performance Act - Authorizes the President to: (1) propose establishment in the executive branch of one or more Results Commissions to improve the overall effectiveness, efficiency, or accountability of executive branch operations through reorganization; and (2) transmit such proposal to Congress for expedited consideration.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3276 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3276
To provide for the establishment of Results Commissions to improve the
results of executive branch agencies on behalf of the American people.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2005
Mr. Porter (for himself, Mr. Tom Davis of Virginia, and Mr. Brady of
Texas) introduced the following bill; which was referred to the
Committee on Government Reform, and in addition to the Committee on
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the establishment of Results Commissions to improve the
results of executive branch agencies on behalf of the American people.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Reorganization and
Improvement of Performance Act''.
SEC. 2. RESULTS COMMISSIONS.
(a) Establishment of Commissions.--
(1) Proposal and transmittal.--The President--
(A) may propose the establishment in the executive
branch of one or more commissions for the purpose of
improving the overall effectiveness, efficiency, or
accountability of executive branch operations through
reorganization, with each such commission being known
as a ``Results Commission''; and
(B) may transmit such proposal to Congress for
expedited consideration under section 3.
(2) Reasons for establishing results commissions.--In each
proposal to establish a Results Commission, the President shall
describe the agencies or programs being proposed for the
Results Commission to study. In making a proposal to establish
a Results Commission, the President shall identify areas where
multiple Federal programs have similar, related, or overlapping
responsibilities that are under the jurisdiction of multiple
executive branch agencies and committees of Congress, and areas
where reorganization may improve the overall effectiveness,
efficiency, or accountability of executive branch operations.
(b) Procedure for Making Recommendations for Improvements in
Executive Branch Performance.--
(1) The President may, from time to time in his discretion,
submit to a Results Commission established pursuant to this
section one or more specific proposals to improve the
performance of the executive branch by reorganizing agencies or
programs in the areas that the Results Commission is authorized
to study.
(2) After receiving a specific proposal from the President
under paragraph (1), a Results Commission shall evaluate the
proposal and shall provide a response to the President on the
proposal, including any changes that the Commission may wish to
recommend. The Commission may recommend changes or additions to
the proposal, and shall explain and justify any such
recommended changes or additions, only if the Commission
believes that such changes are necessary to better accomplish
the stated purpose of the President's reorganization proposal.
(3) If the President disapproves the recommendations of the
Results Commission, in whole or in part, the President may
transmit to the Results Commission the reasons for that
disapproval. The Commission shall then transmit to the
President a report responding to the President's concerns and
any changes in its recommendations.
(4) The President may transmit to Congress for expedited
consideration under section 3 a copy of all of the final
recommendations of each Results Commission, together with
legislation to accomplish those recommendations.
(c) Membership, Powers, and Other Matters.--
(1) In general.--Each Results Commission shall be composed
of seven members, who shall be appointed within 60 days after
the date of the enactment of the Act establishing the
Commission.
(2) Appointments.--(A) The President shall appoint the
seven members, who shall serve at the pleasure of the
President, as follows:
(i) One in consultation with the majority leader of
the Senate.
(ii) One in consultation with the minority leader
of the Senate.
(iii) One in consultation with the Speaker of the
House of Representatives.
(iv) One in consultation with the minority leader
of the House of Representatives.
(v) Three other members.
(B) Any vacancy on a Commission shall be filled in the
manner in which the original appointment was made.
(3) Chair and vice chair.--The President shall designate
one member of each Results Commission to serve as Chair and one
member as Vice Chair.
(4) Length of service.--The members of each Results
Commission shall serve at the pleasure of the President.
(5) Vacancies.--Any vacancy on a Results Commission shall
be filled in the manner in which the original appointment was
made.
(6) Termination.--Each Results Commission shall cease to
exist within nine months after the date it commences
operations, unless provided otherwise in law.
(7) Duties.--Each Results Commission is authorized to--
(A) evaluate the merits of a specific proposal by
the President for governmental reorganization; and
(B) provide views to the President on the proposal,
including any changes or additions to the proposal that
the Commission may wish to recommend.
(8) Powers relating to obtaining information from federal
agencies.--
(A) In general.--Each Results Commission is
authorized to secure directly from any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the
United States Government, information, suggestions,
estimates, and statistics for purposes of carrying out
its duties. Each department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request
made by the chair or any other member designated by a
majority of the Commission.
(B) Receipt, handling, storage, and
dissemination.--Information shall be received, handled,
stored, and disseminated only by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(9) Public hearings and meetings.--
(A) Public hearings.--Each Results Commission shall
hold public hearings and meetings to the extent
appropriate. Any such public sessions shall be
conducted in a manner consistent with the protection of
information provided to or developed for or by the
Commission as required by applicable law.
(B) Nonapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to any Results Commission.
(10) Internal procedures.--
(A) Proceedings.--Each Results Commission shall
commence operations within 6 months after the date of
enactment of the Act establishing the Commission and
shall meet periodically at the call of the Chair.
(B) Quorum.--Four members of a Results Commission
shall constitute a quorum but a lesser number may hold
hearings.
(11) Personnel matters.--
(A) Travel expenses.--The members of each Results
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the
performance of services for the Commission.
(B) Director.--The Chair of each Results Commission
may, without regard to the civil service laws and
regulations, appoint and terminate a Director for the
Commission. The Director shall be paid at a rate not to
exceed the Level II of the Executive Schedule.
(C) Staff.--The Director may appoint and compensate
staff for each Results Commission in accordance with
section 3161 of title 5, United States Code.
(D) Applicability of certain civil service laws.--
The Director and any staff of each Results Commission
shall be employees under section 2105 of title 5,
United States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(E) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(F) Procurement of temporary and intermittent
services.--The Chair of each Results Commission may
procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at
rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed
for Level II of the Executive Schedule under section
5316 of such title.
(12) Other administrative matters.--
(A) Postal and printing services.--Each Results
Commission may use the United States mails and obtain
printing and binding services in the same manner and
under the same conditions as other departments and
agencies of the United States.
(B) Administrative support services.--Upon the
request of a Results Commission, the Administrator of
General Services shall provide to the Results
Commission, on a reimbursable basis, the administrative
support services necessary for the Results Commission
to carry out its duties.
(C) Authorization of appropriations.--Such sums as
may be necessary are authorized to be appropriated for
the purposes of carrying out the duties of each Results
Commission. Such funds shall remain available until
expended.
(d) Expedited Congressional Review Procedures.--In reviewing
proposals by the President to establish a Results Commission and in
reviewing proposals by the President to implement reorganizations
recommended by a Results Commission, the Congress shall follow the
expedited review procedures set forth in section 3 of this Act.
SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCEDURES.
(a) Definitions.--
(1) Resolution of approval.--
(A) In general.--For the purposes of this section,
the term ``resolution'' means only a joint resolution
described in either subparagraph (B) or (C).
(B) Joint resolution relating to establishing
results commission.--For purposes of subparagraph (A),
a joint resolution described in this subparagraph is a
joint resolution--
(i) which does not have a preamble;
(ii) the title of which is as follows:
``Joint resolution establishing the Results
Commission proposed by the President under the
Government Reorganization and Improvement of
Performance Act'';
(iii) the matter after the resolving clause
of which is as follows: ``That Congress
establishes a Results Commission proposed by
the President, as follows, that was transmitted
on ____ under the Government Reorganization and
Improvement of Performance Act:'', the blank
space being filled in with the appropriate
date; and
(iv) the remaining text of which consists
of the complete text of a legislative proposal
transmitted by the President under section
2(a)(1).
(C) Joint resolution relating to approving
reorganization proposal.--For purposes of subparagraph
(A), a joint resolution described in this subparagraph
is a joint resolution--
(i) which does not have a preamble;
(ii) the title of which is as follows:
``Joint resolution approving the reorganization
proposals of the President under the Government
Reorganization and Improvement of Performance
Act'';
(iii) the matter after the resolving clause
of which is as follows: ``That Congress
approves the reorganization proposals of the
President, as follows, that were transmitted on
____ under the Government Reorganization and
Improvement of Performance Act:'', the blank
space being filled in with the appropriate
date; and
(iv) the remaining text of which consists
of the complete text of a legislative proposal
transmitted by the President under section
2(b)(4).
(2) Legislative day.--For the purposes of this section, the
term ``legislative day'' refers to any day on which either
House of Congress is in session.
(b) Introduction and Reference of Resolution.--
(1) Not later than the first day of session following the
day on which a resolution is transmitted to Congress under
section (2)(a)(1) or (2)(b)(4), the resolution shall be
introduced (by request)--
(A) in the House of Representatives by the chairman
of the Committee on Government Reform, or by a member
or members of the House designated by such chairman;
and
(B) in the Senate by the chairman of the Committee
on Homeland Security and Governmental Affairs, or by a
member of members of the Senate designated by such
chairman.
(2) A resolution with respect to a Results Commission or a
reorganization proposal shall be referred to the Committee on
Government Reform of the House of Representatives and the
Committee on on Homeland Security and Governmental Affairs of
the Senate (and all resolutions with respect to the same
commission or proposal shall be referred to the same committee)
by the Speaker of the House or the President of the Senate, as
the case may be. The committee shall makes its recommendations
to the House of Representatives or the Senate, respectively,
within 75 calendar days of continuous session of Congress
following the date of such resolutions's introduction.
(c) Expedited Procedures Relating to Discharge of Committee
Considering Resolution, Procedure After Report or Discharge of
Committee, Debate, and Vote on Final Passage.--Sections 911 and 912 of
title 5, United States Code, shall apply to a resolution introduced
pursuant to subsection (b)(1). In applying such sections--
(1) the term ``resolution'' means a resolution described in
subparagraph (B) or (C) of subsection (a)(1) of this section;
and
(2) the term ``reorganization plan'' means a legislative
proposal to establish a Results Commission transmitted under
section 2(a)(1), or a reorganization proposal transmitted under
section 2(b)(4).
(d) Effective Date, Publication, Effect on Other Laws, Pending
Legal Proceedings, and Unexpended Appropriations.--Sections 906 and 907
of title 5, United States Code, shall apply to a resolution introduced
pursuant to subsection (b)(1). In applying such sections--
(1) the term ``resolution'' means a resolution described in
subparagraph (C) of subsection (a)(1) of this section; and
(2) the term ``reorganization plan'' means a reorganization
proposal transmitted under section 2(b)(4).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Government Reform, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Federal Workforce and Agency Organization.
Subcommittee Hearings Held.
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