H.R. 4433 (103rd): Reinventing Government Act of 1994

103rd Congress, 1993–1994. Text as of May 17, 1994 (Introduced).

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HR 4433 IH

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.

    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 ‘Reinventing Government Act of 1994’.

SEC. 2. REINVENTING GOVERNMENT COMMISSION.

    (a) ESTABLISHMENT- There is established an independent commission to be known as the ‘Reinventing Government Commission’.

    (b) DUTIES- The Commission shall carry out the duties specified for it in this Act.

    (c) APPOINTMENT- (1) The Commission shall be composed of eight members appointed by the President, by and with the advise and consent of the Senate. The President shall transmit to the Senate the nominations for appointment to the Commission not later than 15 days after the date of enactment of this Act.

    (2) In selecting individuals for nominations for appointments to the Commission, the President shall consult with--

      (A) the Speaker of the House of Representatives concerning the appointment of two members;

      (B) the majority leader of the Senate concerning the appointment of 2 members;

      (C) the minority leader of the House of Representatives concerning the appointment of one member; and

      (D) the minority leader of the Senate concerning the appointment of one member.

    (3) At the time the President nominates individuals for appointment to the Commission, the President shall designate one such individual who shall serve as Chairman of the Commission.

    (d) TERMS- (1) Each member of the Commission shall serve until the termination of the Commission under subsection (l).

    (2) The Chairman of the Commission shall serve until the confirmation of a successor.

    (e) MEETINGS- (1) The Commission shall meet at the call of the Chairman or a majority of its members.

    (2) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public.

    (3) All proceedings, information, and deliberations of the Commission shall be open, upon request, to the Chairman and the ranking minority party member of each congressional budget committee.

    (f) VACANCIES- A vacancy in the Commission shall be filled in the same manner as the original appointment was made.

    (g) PAY AND TRAVEL EXPENSES- (1)(A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission.

    (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code.

    (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

    (h) DIRECTOR OF STAFF- (1) The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director of staff for the Commission.

    (2) The Director of staff for the Commission shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

    (i) STAFF- (1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel.

    (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

    (3) Not more than one-half of the professional analysts employed by or detailed to the Commission may be on detail from Federal agencies.

    (4) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act.

    (5) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission.

    (j) OTHER AUTHORITY- (1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code.

    (2) The Commission may lease space and acquire personal property to the extent funds are available. To the extent practicable, the Commission shall use suitable real property available under the most recent inventory of real property assets published by the Resolution Trust Corporation under section 21A(b)(11)(F) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(12)(F)).

    (k) FUNDING- There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this Act. Such funds shall remain available until expended.

    (l) TERMINATION- The Commission shall terminate September 30, 1999.

SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS.

    (a) SELECTION CRITERIA- (1) Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall publish in the Federal Register and transmit to the congressional budget committees the criteria proposed to be used by the Director in making recommendations under this Act. The Director shall provide an opportunity for public comment on the proposed criteria for a period of at least 30 days and shall include notice of that opportunity in the publication required under this paragraph.

    (2)(A) Not later than 120 days after the date of enactment of this Act, the Director shall publish in the Federal Register and transmit to the congressional budget committees the final criteria to be used in making recommendations under this Act. Except as provided in subparagraph (B), such criteria shall be the final criteria to be used in making such recommendations, unless disapproved by a joint resolution of the Congress enacted before the date that is 150 days after the date of enactment of this Act.

    (B) The Director may amend such criteria, but such amendments may not become effective unless they have been published in the Federal Register, opened to public comment for at least 150 days, and then transmitted to the congressional budget committees in final form by no later than 180 days after the date of enactment of this Act. Such amended criteria shall be the final criteria to be used in making recommendations unless disapproved by a joint resolution of the Congress enacted on or before the date that is 200 days after the date of enactment of this Act.

    (b) DIRECTOR’S RECOMMENDATIONS- (1) Not later than March 15, 1995, 1997, and 1999, the Director shall publish in the Federal Register and transmit to the congressional budget committees and to the Commission a list of recommendations based on the final criteria referred to in subsection (a), for--

      (A) the disposal of Federal Government property;

      (B) the closure and consolidation of offices of Federal agencies;

      (C) the procurement of functions currently performed by Federal agencies from the private sector and State and local governments;

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

      (E) the termination of effectiveness of Federal regulations.

    (2) The Director shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in each recommendation, including a justification for each recommendation.

    (3) In considering property for disposal, offices for closure or consolidation, functions for procurement from the private sector, statutes for repeal, and regulations for termination, the Director shall consider all such disposals, all such offices, all such statutes, and all such regulations, respectively, equally without regard to whether the disposal, closure, consolidation, procurement, repeal, or termination has been previously considered or proposed for by the Director.

    (4) The Director shall make all information used by the Director in preparing recommendations under this subsection available to the Congress (including any committee or Member of the Congress), the Commission, and the Comptroller General of the United States.

    (5)(A) Each person referred to in subparagraph (B), when submitting information to the Director or the Commission for use under this Act, shall certify that such information is accurate and complete to the best of that person’s knowledge and belief.

    (B) Subparagraph (A) applies to the following persons:

      (i) The head of an executive department.

      (ii) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations for purposes of this Act, as specified in regulations.

    (6) In the case of any information provided to the Commission by a person described in paragraph (5)(B), the Commission shall submit that information to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and the House of Representatives within 24 hours after the submission of the information to the Commission. The Director shall prescribe regulations to ensure the compliance of the Commission with this paragraph.

    (c) REVIEW AND RECOMMENDATIONS BY THE COMMISSION- (1) After receiving the recommendations from the Director pursuant to subsection (b), the Commission shall conduct public hearings on the recommendations.

    (2) The Commission shall, by not later than June 1 of 1995, 1997, and 1999, transmit to the President and the congressional budget committees a report containing--

      (A) the Commission’s findings and conclusions based on a review and analysis of the recommendations made by the Director; and

      (B) the Commission’s recommendations for--

        (i) the disposal of Federal Government property;

        (ii) the closure and consolidation of offices of Federal agencies;

        (iii) the procurement from the private sector of functions currently performed by Federal agencies;

        (iv) the repeal of provisions of Federal statutes; and

        (v) the termination of effectiveness of Federal regulations.

    (3)(A) Subject to subparagraph (B), in making its recommendations, the Commission may make changes in any of the recommendations made by the Director if--

      (i) the Commission determines that the Director deviated substantially from the final criteria referred to in subsection (a) in making recommendations;

      (ii) the change is consistent with the final criteria referred to in subsection (a);

      (iii) the Commission publishes a notice of the proposed change in the Federal Register not less than 30 days before transmitting its recommendations to the Director pursuant to subparagraph (A); and

      (iv) the Commission conducts public hearings on the proposed change.

    (B) Subparagraph (A) shall apply to a change by the Commission in the Director’s recommendations that would--

      (i) add an office to the offices of Federal agencies recommended by the Director for closure or consolidation;

      (ii) increase the extent of the consolidation of offices of a Federal agency recommended by the Director;

      (iii) increase the scope of Federal Government property disposals recommended by the Director;

      (iv) increase the scope of procurement of functions currently performed by Federal agencies recommended by the Director;

      (v) add a provision of Federal statute to the provisions of Federal statutes recommended by the Director for repeal; or

      (vi) add a Federal regulation to the Federal regulations recommended by the Director for termination.

    (4) The Commission shall explain and justify in the report under paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Director.

    (5) After transmitting the report, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations.

    (d) ASSISTANCE FROM COMPTROLLER GENERAL- The Comptroller General of the United States shall--

      (1) assist the Commission, to the extent requested, in the Commission’s review and analysis of the recommendations made by the Director pursuant to subsection (b); and

      (2) not later than 30 days after the date the Commission transmits its report under subsection (c), transmit to the congressional budget committees and to the Commission a report containing a detailed analysis of the Director’s recommendations and selection process.

    (e) REVIEW BY THE PRESIDENT- (1) Not later than 30 days after receiving the report of the Commission under subsection (c), the President shall transmit to the Commission and to the congressional budget committees a report containing the President’s approval or disapproval of the Commission’s recommendations.

    (2) If the President approves all of the recommendations of the Commission, the President shall transmit a copy of such recommendations to the congressional budget committees together with a certification of such approval.

    (3) If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the congressional budget committees notice of and the reasons for that disapproval. The Commission shall then transmit to the President, not later than 30 days after receiving the notice of disapproval, a revised list of recommendations.

    (4) If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the congressional budget committees, together with a certification of such approval.

    (5) If the President does not transmit to the congressional budget committees an approval and certification described in paragraph (2) or (4) within 30 days after receiving the report of the Commission under subsection (c), the process by which Federal Government property may be disposed of, offices of Federal agencies may be closed or consolidated, functions may be procured from the private sector, provisions of Federal statutes may be repealed, and effectiveness of Federal regulations may be terminated under this Act shall be terminated.

    (f) MINIMUM BUDGETARY SAVINGS- In preparing their recommendations under this section, the Director and the Commission shall seek to make recommendations that, if fully implemented, would achieve at least--

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

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

SEC. 4. DISPOSAL OF PROPERTY, CLOSURE AND CONSOLIDATION OF OFFICES, PROCUREMENT OF FUNCTIONS, REPEAL OF STATUTES, AND TERMINATION OF REGULATIONS.

    (a) DISPOSALS OF PROPERTY- Subject to subsection (f)--

      (1) Federal Government property that is recommended for disposal in the report transmitted to the congressional budget committees by the President pursuant to section 3(e) is deemed to be surplus property for purposes of the Federal Property and Administrative Services Act of 1949; and

      (2) the Administrator of General Services shall dispose of all such property in accordance with that Act by not later than 1 year after the end of the period described in subsection (f)(1)(A).

    (b) CLOSURES AND CONSOLIDATIONS- Subject to subsection (f), the Director shall--

      (1) close all offices of Federal agencies recommended for closure in the report transmitted to the congressional budget committees by the President pursuant to section 3(e);

      (2) consolidate all such offices recommended for consolidation in that report;

      (3) initiate all such closures and consolidations no later than 1 year after the date on which the President transmits a report pursuant to section 3(e) containing the recommendations for such closures or consolidations; and

      (4) complete the closures and consolidations not later than the end of the 6-year period beginning on the date on which the President transmits that report.

    (c) PROCUREMENT OF FUNCTIONS- Subject to subsection (f), the head of a Federal agency that performs a function that, in the report transmitted to the congressional budget committees by the President pursuant to section 3(e), is recommended for procurement from the private sector shall award a contract for that procurement by not later than 1 year after the date on which the President transmits a report pursuant to section 3(e) containing the recommendation.

    (d) REPEAL OF STATUTES- Subject to subsection (f), a provision of Federal statute that is recommended be repealed in the report transmitted to the congressional budget committees by the President pursuant to section 3(e) is deemed to be repealed on the day after the last date on which a joint resolution disapproving the recommendation may be enacted in accordance with subsection (f).

    (e) TERMINATION OF REGULATIONS- Subject to subsection (f), a Federal regulation the effectiveness of which is recommended be terminated in the report transmitted to the congressional budget committees by the President pursuant to section 3(e) shall not be effective after the last date on which a joint resolution disapproving the recommendation may be enacted in accordance with subsection (f).

    (f) CONGRESSIONAL DISAPPROVAL- (1) The Administrator of General Services may not carry out any disposal of Federal Government property recommended in the report transmitted by the President pursuant to section 3(e), the Director may not carry out any closure or consolidation of an office recommended in that report, the head of a Federal agency may not award a contract for a procurement recommended in that report, a provision of Federal statute shall not be repealed under subsection (d), and the effectiveness of a Federal regulation shall not be terminated under subsection (e), if a joint resolution is enacted, in accordance with the provisions of section 9, disapproving the recommendation before the earlier of--

      (A) the end of the 30-day period beginning on the date on which the President transmits the report; or

      (B) an adjournment of Congress sine die for the session in which the report is transmitted.

    (2) For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 9, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period.

    (g) PRIORITY FOR CLOSING OFFICES IN FOREIGN COUNTRIES- In closing offices of Federal agencies under this section, the Director shall to the extent possible give priority to closing offices located in foreign countries.

SEC. 5. IMPLEMENTATION.

    (a) IN GENERAL- In closing or consolidating any office of a Federal agency under this Act, the Director may--

      (1) take such actions as may be necessary to close or consolidate the office, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from an office being closed or consolidated to another office, and may use for such purpose funds in the Account or funds appropriated to that Federal agency for use in planning and design, minor construction, or operation and maintenance; and

      (2) reimburse other Federal agencies for actions performed at the request of the Director with respect to any such closure or consolidation, and may use for such purpose funds in the Account or funds appropriated to the Federal agency in which the closed or consolidated office is located and available for such purpose.

    (b) MANAGEMENT AND DISPOSAL OF PROPERTY- (1) The Director, with respect to excess and surplus real property and facilities located at an office closed or consolidated under this Act, may exercise--

      (A) the authority of the Administrator of General Services to utilize excess property under section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483);

      (B) the authority of the Administrator of General Services to dispose of surplus property under section 203 of that Act (40 U.S.C. 484);

      (C) the authority of the Administrator of General Services to grant approvals and make determinations under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)); and

      (D) the authority of the Administrator of General Services to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 (16 U.S.C. 667b).

    (2)(A) Subject to subparagraph (C) and paragraphs (3), (4), (5), and (6), the Director shall exercise the authority of the Director under paragraph (1) in accordance with--

      (i) all regulations in effect on the date of the enactment of this Act (other than regulations the effectiveness of which is terminated under this Act) governing the utilization of excess property and the disposal of surplus property under the Federal Property and Administrative Services Act of 1949; and

      (ii) all regulations in effect on the date of the enactment of this Act (other than regulations the effectiveness of which is terminated under this Act) governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)).

    (B) The Director, after consulting with the Administrator of General Services, may issue regulations that are necessary to carry out the delegation of authority required by paragraph (1).

    (C) The authority of the Director under paragraph (1) shall not include the authority to prescribe general policies and methods for utilizing excess property and disposing of surplus property.

    (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT OF 1969- (1) The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the Commission, and, except as provided in paragraph (2), any Federal official in carrying out this Act.

    (2)(A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of a Federal official under this Act (i) during the process of property disposal, and (ii) during the process of relocating functions from an office being closed or consolidated to another office after the receiving office has been selected but before the functions are relocated.

    (B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), a Federal official shall not have to consider--

      (i) the need for closing or consolidating the office which has been recommended for closure or consolidation by the Commission;

      (ii) the need for transferring functions to any office which has been selected as the receiving office; or

      (iii) offices alternative to those recommended or selected.

    (3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by a Federal official during the closing, consolidating, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act.

    (d) WAIVERS- The Director may close or consolidate offices under this Act without regard to--

      (1) any provision of law restricting the use of funds for closing or consolidating offices included in any appropriations or authorization Act; and

      (2) sections 2662 and 2687 of title 10, United States Code.

    (e) APPLICABILITY OF CERCLA- Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) shall not apply with respect to any surplus property that is disposed of pursuant to a closure or consolidation of an office under this Act by conveyance to a person that is not a Federal department, agency, or instrumentality, if--

      (1) the transfer of property is contingent on cleanup;

      (2) there is a contractual commitment by the purchaser to do the cleanup;

      (3) the cleanup is in conformance with the national contingency plan; and

      (4) the cleanup substantially meets the standards of section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621) to the satisfaction of the Environmental Protection Agency if the property is part of a parcel listed on the national priorities list, and of the State.

SEC. 6. ACCOUNT.

    (a) IN GENERAL- (1) There is hereby established on the books of the Treasury an account to be known as the ‘Reinventing Government Account 1994’ which shall be administered by the Director as a single account.

    (2) There shall be deposited into the Account--

      (A) funds authorized for and appropriated to the Account;

      (B) any funds that the Director may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated for any purpose, except that such funds may be transferred only after the date on which the Director transmits written notice of, and justification for, such transfer to the congressional budget committees; and

      (C) except as provided in subsection (d), proceeds received from the transfer or disposal of any property at an office closed or consolidated under this Act.

    (b) USE OF FUNDS- The Director may use the funds in the Account only for the purposes described in section 5.

    (c) REPORTS- (1)(A) No later than 60 days after the end of each fiscal year in which the Director carries out activities under this Act, the Director shall transmit a report to the congressional budget committees of the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year and of the amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year.

    (B) The report for a fiscal year shall include the following:

      (i) The obligations and expenditures from the Account during the fiscal year, identified by subaccount, for each executive department.

      (ii) The fiscal year in which appropriations for such expenditures were made and the fiscal year in which funds were obligated for such expenditures.

    (2) Unobligated funds which remain in the Account after the termination of the authority of the Director to carry out a closure or consolidation under this Act shall be held in the Account until transferred by law after the congressional budget committees receive the report transmitted under paragraph (3).

    (3) No later than 60 days after the termination of the authority of the Director to carry out a closure or consolidation under this Act, the Director shall transmit to the congressional budget committees a report containing an accounting of--

      (A) all the funds deposited into and expended from the Account or otherwise expended under this Act; and

      (B) any amount remaining in the Account.

SEC. 7. REPORTS.

    As part of the budget request for fiscal year 1995 and for each fiscal year thereafter, the Director shall transmit to the congressional budget committees of Congress--

      (1) a schedule of the closure and consolidation actions to be carried out under this Act in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and consolidation and of the time period in which these savings are to be achieved in each case; and

      (2) a description of the offices, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures and consolidation.

SEC. 8. BUDGETARY TREATMENT.

    (a) DIRECT SPENDING- None of the changes in direct spending (if any) resulting from this Act shall be reflected in estimates under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985.

    (b) DISCRETIONARY SPENDING- Upon the enactment of reductions in discretionary spending pursuant to the Act, the Director of the Office of Management and Budget shall make downward adjustments in the discretionary spending limits (new budget authority and outlays), as adjusted, set forth in 601(a)(2) of the Congressional Budget Act of 1974 for each applicable fiscal year through 1998 by the aggregate amount of such reductions in discretionary spending for that fiscal year.

    (c) SECTION 601- Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by inserting ‘or as adjusted pursuant to section 7(b) of the Reinventing Government Act of 1994’ before the period at the end.

    (d) RECEIPTS- All receipts resulting from this Act shall be used solely to reduce the public debt.

SEC. 9. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) TERMS OF THE RESOLUTION- For purposes of section 4(f), the term ‘joint resolution’ means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the report to the Congress under section 3(e), and--

      (1) which does not have a preamble;

      (2) the matter after the resolving clause of which is as follows: ‘That Congress disapproves the recommendations of the Reinventing Government Commission as submitted by the President on XXXXXXXX’, the blank space being filled in with the appropriate date; and

      (3) the title of which is as follows: ‘Joint resolution disapproving the recommendations of the Federal Privatization Commission.’.

    (b) REFERRAL- A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on the Budget of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on the Budget of the Senate.

    (c) DISCHARGE- If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 3(e), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.

    (d) CONSIDERATION- (1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of.

    (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

    (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.

    (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.

    (e) CONSIDERATION BY OTHER HOUSE- (1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply:

      (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).

      (B) With respect to a resolution described in subsection (a) of the House receiving the resolution--

        (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but

        (ii) the vote on final passage shall be on the resolution of the other House.

    (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.

    (f) RULES OF THE SENATE AND HOUSE- This section is enacted by Congress--

      (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and

      (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

SEC. 10. DEFINITIONS.

    For purposes of this Act:

      (1) The term ‘Account’ means the Reinventing Government Account of 1994 established by section 6(a)(1).

      (2) The term ‘Commission’ means the Reinventing Government Commission established by section 2(a).

      (3) The term ‘congressional budget committees’ means the Committee on the Budget of each of the House of Representatives and the Senate.

      (4) The term ‘consolidation’ includes any action which both reduces and relocates functions and personnel positions.

      (5) The term ‘Director’ means the Director of the Office of Management and Budget.