Library / Laws / 113th / hr / H.R. 530 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 530
IN THE HOUSE OF REPRESENTATIVES
February 6, 2013
Mrs. Bustos
introduced the following bill; which was referred to the
Committee on Oversight and 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 establish the Independent Government Waste Reduction
Board.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Government Waste Reduction Act
of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Board.
Sec. 3. Duties of the Board.
Sec. 4. Powers of the Board.
Sec. 5. Board personnel matters.
Sec. 6. Congressional consideration of Board
recommendations.
Sec. 7. Termination of the Board.
2.
Establishment of
Board
(a)
Establishment
There is established the Independent
Government Waste Reduction Board (hereafter in this Act referred to as the
Board).
(b)
Membership
(1)
In
general
(A)
Appointment
The Board shall be composed of 15 members
appointed by the President, by and with the advice and consent of
Congress.
(B)
Qualifications
The
members of the Board shall include individuals with national recognition for
their expertise in agencies, efficiency, waste reduction, finance and
economics, actuarial sciences, who provide a mix of different professionals,
broad geographic representation, and a balance between urban and rural
representatives.
(C)
Ethical
disclosure
The President
shall establish a system for public disclosure by members of the Board of
financial and other potential conflicts of interest relating to such members.
Members of the Board shall be treated as officers in the executive branch for
purposes of applying title I of the Ethics in Government Act of 1978 (Public
Law 95–521).
(D)
Conflicts of
interest
No individual may
serve as a member of the Board if that individual engages in any other
business, vocation, or employment.
(E)
Consultation
with Congress
In selecting
individuals for nominations for appointments to the Board, the President shall
consult with—
(i) the
majority leader of the Senate concerning the appointment of 3 members;
(ii) the
Speaker of the House of Representatives concerning the appointment of 3
members;
(iii) the minority
leader of the Senate concerning the appointment of 3 members; and
(iv) the
minority leader of the House of Representatives concerning the appointment of 3
members.
(2)
Term of
office
Each member shall hold
office for the duration of the Board.
(3)
Chairperson
(A)
In
general
The Chairperson shall
be appointed by the President, by and with the advice and consent of the
Senate, from among the members of the Board.
(B)
Duties
The
Chairperson shall be the principal executive officer of the Board, and shall
exercise all of the executive and administrative functions of the Board,
including functions of the Board with respect to—
(i) the
appointment and supervision of personnel employed by the Board;
(ii) the
distribution of business among personnel appointed and supervised by the
Chairperson and among administrative units of the Board; and
(iii) the use and
expenditure of funds.
(C)
Governance
In
carrying out any of the functions under subparagraph (B), the Chairperson shall
be governed by the general policies established by the Board and by the
decisions, findings, and determinations the Board shall by law be authorized to
make.
(D)
Requests for
appropriations
Requests or estimates for regular, supplemental,
or deficiency appropriations on behalf of the Board may not be submitted by the
Chairperson without the prior approval of a majority vote of the Board.
(4)
Removal
Any member may be removed by the President
for neglect of duty or malfeasance in office, but for no other cause.
(c)
Vacancies;
Quorum; Seal; Vice Chairperson; Voting on Reports
(1)
Vacancies
No vacancy on the Board shall impair the
right of the remaining members to exercise all the powers of the Board.
(2)
Quorum
A
majority of the members of the Board shall constitute a quorum for the
transaction of business, but a lesser number of members may hold
hearings.
(3)
Seal
The
Board shall have an official seal, of which judicial notice shall be
taken.
(4)
Vice
Chairperson
The Board shall elect a Vice Chairperson to act in
the absence or disability of the Chairperson or in case of a vacancy in the
office of the Chairperson.
(5)
Voting on
proposals
Any proposal of the Board must be approved by the
majority of members present.
3.
Duties of the
Board
(a)
Submission of
report
Not later than one
year after the date of the enactment of this Act, the Board shall submit to
Congress and the President a report that advises specific implementation of the
recommendations from the March 2011 Government Accountability Office report to
Congress, entitled Opportunities to Reduce Potential Duplication in
Government Programs, Save Tax Dollars, and Enhance Revenue
(GAO–11–318SP) and the February 2012 Government Accountability Office report to
Congress, entitled Opportunities to Reduce Duplication, Overlap and
Fragmentation, Achieve Savings, and Enhance Revenue (GAO–12–342SP) and
shall include—
(1) a summary of the recommendations;
(2) an explanation of
each recommendation contained in the report and the reasons for including such
recommendation;
(3) an opinion by the Government Accountability
Office on whether each recommendation is consistent with the intent of such
Government Accountability Office reports;
(4) a legislative
proposal that implements the recommendations; and
(5) other information
determined appropriate by the Board.
(b)
Recommendations
requirements
(1)
Requirements
Each recommendation in the report submitted
under subsection (a)—
(A) shall result in a
decrease of overall Government spending or an increase of Government revenue;
and
(B) shall not result
in—
(i) any cut in
benefits for veterans, members of the Armed Forces, or their families;
or
(ii) any cut in benefits for seniors,
including—
(I) the elimination of
guaranteed health insurance benefits for seniors or people with
disabilities;
(II) the conversion of
Medicare into a voucher plan that provides limited payments to seniors or
people with disabilities to purchase health care in the private health
insurance market;
(III) cuts in Medicaid
health insurance benefits;
(IV) cuts in nursing
home care; or
(V) privatization of
Social Security benefits.
(2)
Consultation
with other agencies
The Board
shall consult regularly with the Government Accountability Office and other
agencies in making the recommendations required under this section.
4.
Powers of the
Board
(a)
Hearings
The Board may hold such hearings, sit and
act at such times and places, take such testimony, and receive such evidence as
the Board considers advisable to carry out this Act.
(b)
Obtaining
official data
The Board may
secure directly from any department or agency information necessary to enable
it to carry out this section. Upon request of the Chairperson, the head of that
department or agency shall furnish that information to the Board on an agreed
upon schedule.
(c)
Postal
Services
The Board may use the United States mails in the same
manner and under the same conditions as other agencies of the Federal
Government.
(d)
Gifts
The Board may accept, use, and dispose of
gifts or donations of services or property.
(e)
Offices
The Board shall maintain a principal office
and such field offices as it determines necessary, and may meet and exercise
any of its powers at any other place.
5.
Board personnel
matters
(a)
Compensation of
Members and Chairperson
Each
member of the Board, other than the Chairperson, shall be compensated at a rate
equal to the annual rate of basic pay prescribed for level III of the Executive
Schedule under section 5315 of title 5, United States Code. The Chairperson
shall be compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level II of the Executive Schedule under section
5315 of title 5, United States Code.
(b)
Travel
Expenses
The members of the Board 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 Board.
(c)
Staff
(1)
In
general
The Chairperson may,
without regard to the civil service laws and regulations, appoint and terminate
an executive director and such other additional personnel as may be necessary
to enable the Board to perform its duties. The employment of an executive
director shall be subject to confirmation by the Board.
(2)
Compensation
The Chairperson may fix the compensation of
the executive director and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates, except that the
rate of pay for the executive director and other personnel may not exceed the
rate payable for level V of the Executive Schedule under section 5316 of such
title.
(d)
Detail of
Government Employees
Any Federal Government employee may be
detailed to the Board without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(e)
Procurement of
Temporary and Intermittent Services
The Chairperson 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 V of the Executive
Schedule under section 5316 of such title.
6.
Congressional
consideration of Board recommendations
(a)
Introduction
(1)
In
general
On the day on which
the report is submitted by the Board to the Congress under section 3(a), the
legislative proposal (described in section 3(a)(4)) contained in the report
shall be introduced (by request) in the Senate by the majority leader of the
Senate or by Members of the Senate designated by the majority leader of the
Senate and shall be introduced (by request) in the House by the majority leader
of the House or by Members of the House designated by the majority leader of
the House.
(2)
Not in
session
If either House is not in session on the day on which
such legislative proposal is submitted, the legislative proposal shall be
introduced in that House, as provided in subparagraph (A), on the first day
thereafter on which that House is in session.
(3)
Any
member
If the legislative proposal is not introduced in either
House within 5 days on which that House is in session after the day on which
the legislative proposal is submitted, then any Member of that House may
introduce the legislative proposal.
(4)
Referral
The
legislation introduced under this subsection in the House of Representatives
shall be referred to the Committee on Oversight and Government Reform of the
House of Representatives. The legislation introduced under this subsection in
the Senate shall be referred to the Committee on Homeland Security and
Governmental Affairs of the Senate.
(b)
Discharge
If the committee to which a legislative
proposal described in subsection (a) is referred has not reported the bill
containing such proposal by the end of the 20-day period beginning on the date
on which the Board submits the report to Congress under section 3(a), such
committee shall be, at the end of such period, discharged from further
consideration of such bill, and such bill shall be placed on the appropriate
calendar of the House involved.
(c)
Expedited
consideration
(1)
Consideration
On
or after the third day after the date on which the committee to which such a
bill is referred has reported, or has been discharged (under subsection (b))
from further consideration of, such a bill, 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 bill. 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 bill was referred. 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 bill is agreed
to, the respective House shall immediately proceed to consideration of the bill
without intervening motion, order, or other business, and the bill shall remain
the unfinished business of the respective House until disposed of.
(2)
Debate
Debate
on the bill, 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 bill. An amendment to the bill 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 bill is not in order. A motion to
reconsider the vote by which the bill is agreed to or disagreed to is not in
order.
(3)
Vote on final
passage
Immediately following the conclusion of the debate on the
bill 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 bill shall occur.
(4)
Appeals
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 the bill shall be decided without debate.
(d)
Consideration by
other House
(1)
Before
passage
If, before the passage by one House of a bill of that
House described in subsection (b), that House receives from the other House a
bill described in subsection (b), then the following procedures shall
apply—
(A) the bill 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); and
(B) with respect to a
bill described in subsection (b) of the House receiving the bill (i) the
procedure in that House shall be the same as if no bill had been received from
the other House; but (ii) the vote on final passage shall be on the bill of the
other House.
(2)
After
passage
Upon disposition of the bill received from the other
House, it shall no longer be in order to consider the bill that originated in
the receiving House.
(e)
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 bill described in subsection (b), 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.
(f)
Calendar day
defined
In this section, the term calendar day means
a calendar day other than one on which either House is not in session because
of an adjournment of more than three days to a date certain.
7.
Termination of
the Board
The Board shall
terminate 120 days after the date on which the Board submits the report under
section 3(a).