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109th Congress                                            Rept. 109-594
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
                   GOVERNMENT EFFICIENCY ACT OF 2006

                                _______
                                

                 July 24, 2006.--Ordered to be printed

                                _______
                                

  Mr. Tom Davis of Virginia, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 5766]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Government Reform, to whom was referred the 
bill (H.R. 5766) to provide for the establishment of Federal 
Review Commissions to review and make recommendations on 
improving the operations, effectiveness, and efficiency of 
Federal programs and agencies, and to require a schedule for 
such reviews of all Federal agencies and programs, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     6
Purpose and Summary..............................................     6
Background and Need for Legislation..............................     6
Section-by-Section...............................................     8
Explanation of Amendments........................................     9
Committee Consideration..........................................     9
Rollcall Votes...................................................    10
Application of Law to the Legislative Branch.....................    11
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    11
Statement of General Performance Goals and Objectives............    11
Constitutional Authority Statement...............................    11
Federal Advisory Committee Act...................................    11
Unfunded Mandate Statement.......................................    11
Committee Estimate...............................................    12
Budget Authority and Congressional Budget Office Cost Estimate...    12
Correspondence...................................................    14
Changes in Existing Law Made by the Bill as Reported.............    16
Minority Views...................................................    22
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

   This Act may be cited as the ``Government Efficiency Act of 2006''.

SEC. 2. ESTABLISHMENT OF FEDERAL REVIEW COMMISSIONS.

  (a) In General.--Part I of title 5, United States Code, is amended by 
adding at the end the following new chapter:

                ``CHAPTER 10--FEDERAL REVIEW COMMISSIONS

``Sec.
``1001. Establishment of Federal Review Commissions.
``1002. Expedited Congressional consideration of Federal Review 
Commission recommendations.
``1003. Schedule for review of all Federal agencies and programs.
``1004. Administrative matters.

``Sec. 1001. Establishment of Federal Review Commissions

  ``(a) In General.--A Federal Review Commission may be established in 
accordance with this section with respect to a specific aspect of 
Federal programs and agencies for purposes of reviewing and making 
recommendations on how to improve the operations, effectiveness, and 
efficiency of such Federal programs and agencies in order to determine 
whether a reorganization, consolidation, abolishment, expansion, or 
transfer of existing Federal programs and agencies is necessary to 
carry out any policy set forth in section 901(a) of this title.
  ``(b) Method of Establishment.--A Federal Review Commission may be 
established under subsection (a) only through the issuance of an 
executive order or the enactment of a joint resolution that--
          ``(1) describes the Federal programs and agencies to be 
        reviewed by the Commission; and
          ``(2) provides that the Commission shall be subject to the 
        requirements of, and have the powers and authorities under, 
        this section.
  ``(c) Commencement of Operations.--Each Federal Review Commission 
shall commence operations within 1 month after the establishment of the 
Commission under subsection (a).
  ``(d) Duties of Federal Review Commissions.--
          ``(1) Review of programs and agencies.--In reviewing Federal 
        programs and agencies, a Federal Review Commission established 
        under this section shall consider--
                  ``(A) whether the missions and goals of the programs 
                and agencies studied by the Commission are being 
                carried out as effectively and efficiently as possible;
                  ``(B) the extent to which the programs or agencies 
                duplicate or conflict with other Federal agencies, 
                State or local government, or the private sector;
                  ``(C) whether a reorganization, consolidation, 
                abolishment, expansion, or transfer of the programs and 
                agencies reviewed by the Federal Review Commission 
                would better enable the Federal government to 
                accomplish its missions and goals;
                  ``(D) with respect to existing rules promulgated by 
                the agencies to carry out the programs--
                          ``(i) whether the agency has specific 
                        legislative authority to promulgate the rules 
                        and carry out the programs;
                          ``(ii) whether the rules are being carried 
                        out as efficiently as possible; and
                          ``(iii) the extent to which the rules 
                        duplicate or conflict with rules promulgated by 
                        other Federal agencies; and
                  ``(E) whether the agency or program has operated or 
                was authorized outside of an enumerated power under 
                Article I of the Constitution of the United States or 
                in any manner violates the separation of powers under 
                the Constitution.
          ``(2) Submission to president of assessment and legislative 
        proposal.--Not later than 1 year after the establishment of a 
        Federal Review Commission under this section, the Commission 
        shall submit to the President--
                  ``(A) the Commission's assessment of the operations, 
                effectiveness, and efficiency of the Federal programs 
                and agencies reviewed by the Commission; and
                  ``(B) a legislative proposal, if appropriate, to 
                reorganize, consolidate, abolish, expand, or transfer 
                the Federal programs and agencies reviewed by the 
                Commission.
  ``(e) Transmission to Congress of Assessment and Legislative 
Proposal.--Not later than 30 days after submission to the President of 
an assessment and legislative proposal (if any) by a Federal Review 
Commission, the President shall transmit to Congress the assessment and 
any legislative proposal, along with the President's recommendations 
regarding the assessment and proposal.
  ``(f) Membership.--
          ``(1) Number and appointment.--
                  ``(A) In general.--Each Federal Review Commission 
                shall be composed of 7 members appointed by the 
                President as follows:
                          ``(i) One in consultation with the Speaker of 
                        the House of Representatives.
                          ``(ii) One in consultation with the minority 
                        leader of the House of Representatives.
                          ``(iii) One in consultation with the majority 
                        leader of the Senate.
                          ``(iv) One in consultation with the minority 
                        leader of the Senate.
                          ``(v) Three other members.
                  ``(B) Ex officio members.--The President may appoint 
                up to four Members of Congress (up to 2 from each 
                House) as nonvoting ex officio members of a Federal 
                Review Commission.
          ``(2) Qualifications.--All members appointed by the President 
        to serve on a Federal Review Commission shall have expertise 
        and experience in the particular programmatic area that the 
        Federal Review Commission is established to review.
          ``(3) Terms.--
                  ``(A) In general.--Each member of a Federal Review 
                Commission shall be appointed for the life of the 
                Commission.
                  ``(B) Vacancies.--Any vacancy on a Federal Review 
                Commission shall be filled in the same manner as the 
                original appointment.
          ``(4) Basic pay.--
                  ``(A) Rates of pay.--Members of a Federal Review 
                Commission shall serve without pay.
                  ``(B) Travel expenses.--Each member of a Federal 
                Review Commission shall receive travel expenses, 
                including per diem in lieu of subsistence, in 
                accordance with applicable provisions under subchapter 
                I of chapter 57 of title 5, United States Code.
          ``(5) Quorum.--Four members of a Federal Review Commission 
        shall constitute a quorum but a lesser number may hold 
        hearings.
          ``(6) Chairman and vice chairman.--The President shall 
        designate one member of each Federal Review Commission to serve 
        as Chairman and one as Vice Chairman.
  ``(g) Director and Staff.--
          ``(1) Director.--Each Federal Review Commission shall have a 
        Director who shall be appointed by the Chairman without regard 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service. The Director shall be 
        paid at a rate not to exceed the rate of basic pay for level II 
        of the Executive Schedule.
          ``(2) Staff.--The Director of a Federal Review Commission may 
        appoint and fix the pay of additional personnel as the Director 
        considers appropriate, in accordance with section 3161 of title 
        5, United States Code.
          ``(3) Applicability of certain civil service laws.--The 
        Director and any staff of each Federal Review 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.
          ``(4) Procurement of temporary and intermittent services.--
        The Chairman of each Federal Review 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 
        for Level II of the Executive Schedule.
          ``(5) Staff of federal agencies.--Upon request of the 
        Chairman of a Federal Review Commission, the head of any 
        Federal department or agency may detail, on reimbursable basis, 
        any of the personnel of that department or agency to the 
        Commission to assist it in carrying out its duties.
  ``(h) Powers of Commission.--
          ``(1) Hearings and sessions.--Each Federal Review Commission 
        may, for the purpose of carrying out its duties, hold hearings, 
        sit and act at times and places, take testimony, and receive 
        evidence as the Commission considers appropriate.
          ``(2) Obtaining official data.--Each Federal Review 
        Commission may secure directly from any Federal department or 
        agency information necessary to enable it to carry out its 
        duties. Upon request of the Chairman of a Commission, the head 
        of that department or agency shall furnish that information to 
        the Commission.
          ``(3) Postal and printing services.--Each Federal Review 
        Commission may use the United States mail and obtain printing 
        and binding services in the same manner and under the same 
        conditions as other Federal departments and agencies.
          ``(4) Administrative support services.--Upon the request of a 
        Federal Review Commission, the Administrator of General 
        Services shall provide to the Federal Review Commission, on a 
        reimbursable basis, the administrative support services 
        necessary for the Federal Review Commission to carry out its 
        duties.
  ``(i) Authorization of Appropriations.--Such sums as may be necessary 
are authorized to be appropriated for the purposes of carrying out the 
duties of each Federal Review Commission. Such funds shall remain 
available until expended.
  ``(j) Termination.--Each Federal Review Commission shall terminate 90 
days after the date on which the Commission submits the assessment and 
legislative proposal (if any) under subsection (d).
  ``(k) Definition.--In this section, the term `agency' has the meaning 
provided in section 902(1) of this title.

``Sec. 1002. Expedited Congressional consideration of Federal Review 
                    Commission recommendations

  ``(a) Introduction of Resolution.--The majority leader of each House 
or his designee shall introduce a joint resolution as defined in 
subsection (d) not later than the fifth day of session of that House 
after the date of receipt of a legislative proposal transmitted from 
the President to Congress under section 1001(e) of this title.
  ``(b) Consideration in the House of Representatives.--
          ``(1) Referral and reporting.--Any committee of the House of 
        Representatives to which a joint resolution is referred shall 
        report it to the House not later than 30 legislative days after 
        the date of its introduction. If a committee fails to report 
        the joint resolution within that period, it shall be in order 
        to move that the House discharge the committee from further 
        consideration of the joint resolution. Such a motion shall be 
        in order only at a time designated by the Speaker in the 
        legislative schedule within two legislative days after the day 
        on which the proponent announces his intention to offer the 
        motion. Notice of such intention may not be given on an 
        anticipatory basis. Such a motion shall not be in order after 
        the last committee authorized to consider the joint resolution 
        reports it to the House or after the House has disposed of a 
        motion to discharge a joint resolution. The previous question 
        shall be considered as ordered on the motion to its adoption 
        without intervening motion except 20 minutes of debate equally 
        divided and controlled by the proponent and an opponent. A 
        motion to reconsider the vote by which the motion is disposed 
        of shall not be in order.
          ``(2) Proceeding to consideration.--After each committee 
        authorized to consider a joint resolution favorably reports it 
        to the House without amendment or has been discharged from its 
        consideration, it shall be in order to move to proceed to 
        consider the joint resolution in the House. Such a motion shall 
        be in order only at a time designated by the Speaker in the 
        legislative schedule within two legislative days after the day 
        on which the proponent announces his intention to offer the 
        motion. Notice of such intention may not be given on an 
        anticipatory basis. Such a motion shall not be in order after 
        the House has disposed of a motion to proceed on the joint 
        resolution. The previous question shall be considered as 
        ordered on the motion to its adoption without intervening 
        motion. A motion to reconsider the vote by which the motion is 
        disposed of shall not be in order.
          ``(3) Consideration.--The joint resolution shall be 
        considered as read. All points of order against the joint 
        resolution and against its consideration are waived. The 
        previous question shall be considered as ordered on the joint 
        resolution to its passage without intervening motion except ten 
        hours of debate equally divided and controlled by the proponent 
        and an opponent and one motion to limit debate on the joint 
        resolution. The joint resolution shall not be subject to 
        amendment. A motion to reconsider the vote on passage of the 
        joint resolution shall not be in order.
  ``(c) Consideration in the Senate.--[Language to be provided.]
  ``(d) Definition.--In this section the term `joint resolution' means 
only a joint resolution--
          ``(1) which does not have a preamble;
          ``(2) the title of which is as follows: `Joint resolution 
        relating to the legislative proposal prepared by the Federal 
        Review Commission established on ___, 20__.', the blank spaces 
        being filled in with the appropriate date;
          ``(3) the matter after the resolving clause of which is as 
        follows: `That Congress approves the legislative proposal 
        prepared by a Federal Review Commission and transmitted to 
        Congress by the President on ___, 20__ .', the blank spaces 
        being filled in with the appropriate date; and
          ``(4) the remaining text of which consists of the legislative 
        proposal prepared by the Federal Review Commission concerned 
        and transmitted to Congress by the President.
  ``(e) Rules of Senate and House of Representatives on Federal Review 
Commission Recommendations.--This section is enacted by Congress--
          ``(1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such 
        they are 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 resolutions with 
        respect to any legislative proposal transmitted to Congress (in 
        accordance with section 1001) after the date of enactment of 
        this section; and they supersede other rules only to the extent 
        that they are inconsistent therewith; 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. 1003. Schedule for review of all Federal agencies and programs

  ``(a) Schedule for Review.--Not later than one year after the date of 
the enactment of this chapter, the President shall submit to Congress a 
schedule under which Federal Review Commissions shall be established to 
review all Federal agencies and programs in order to accomplish the 
goals of the policy set forth in section 901(a) of this title.
  ``(b) Review of Agencies Performing Related Functions.--In developing 
a schedule pursuant to subsection (a), the President shall provide that 
agencies that perform similar or related functions be reviewed at or 
near the same time.

``Sec. 1004. Administrative matters

  ``(a) Relocation of Federal Employees.--If the position of an 
employee of an agency is eliminated as a result of a reorganization, 
consolidation, abolishment, expansion, or transfer of existing Federal 
programs or agencies pursuant to this chapter, the affected agency 
shall make a reasonable effort to relocate such employee to a position 
within another agency.
  ``(b) Deficit Reduction.--
          ``(1) Deficit reduction.--Any reduction in amounts of 
        discretionary budget authority or direct spending resulting 
        from enactment of legislation pursuant to this chapter shall be 
        dedicated only to deficit reduction and shall not be used as an 
        offset for other spending increases.
          ``(2) Adjustments to committee allocations.--Not later than 5 
        days after the enactment of legislation pursuant to this 
        chapter, the chairmen of the Committees on the Budget of the 
        Senate and the House of Representatives shall revise levels 
        under section 311(a) of the Congressional Budget Act of 1974 
        and adjust the committee allocations under section 302(a) of 
        the Congressional Budget Act of 1974 to reflect the reduction 
        in discretionary budget authority or direct spending, and the 
        appropriate committees shall report revised allocations 
        pursuant to section 302(b) of the Congressional Budget Act of 
        1974, as appropriate.
          ``(3) Adjustments to caps.--After the enactment of 
        legislation pursuant to this chapter, the Director of the 
        Office of Management and Budget shall revise applicable limits 
        under the Balanced Budget and Emergency Deficit Control Act, as 
        appropriate.''.
  (b) Conforming Amendment.--The table of chapters for part I of title 
5, United States Code, is amended by inserting after the item relating 
to chapter 9 the following:

``10. Federal Review Commissions............................    1001''.

                     COMMITTEE STATEMENT AND VIEWS


                          Purpose and Summary

    On July 12, 2006, Rep. Todd Tiahrt (R-KS) introduced H.R. 
5766 to provide for the establishment of Federal Review 
Commissions to review and make recommendations on improving the 
operations, effectiveness, and efficiency of Federal programs 
and agencies, and to require a schedule for such reviews of all 
Federal agencies and programs.
    The legislation would authorize the establishment of a 
bipartisan ``Federal Review Commission'' to study whether a 
specific aspect of federal government operations would function 
more efficiently and effectively if some or all of the relevant 
federal programs and agencies were reorganized, consolidated, 
abolished, expanded, or transferred. Legislative proposals 
drafted by the bipartisan commissions would then be considered 
in Congress pursuant to expedited procedures.

                  Background and Need for Legislation

    The Committee on Government Reform has conducted eight 
hearings since Rep. Tom Davis took over as Chairman in 2003 to 
discuss the need for a legislative tool that would authorize 
limited reorganizations of the executive branch intended to 
improve the operations and effectiveness of the federal 
government. Four hearings have been held to discuss the need 
for legislation to address overlap and duplication 
governmentwide, and four ``case study'' hearings have been held 
to assess the extent of overlap and duplication in specific 
areas of federal operations. A list of the hearings follows:
    July 19, 2006: Full Committee hearing entitled ``Cutting 
Out the Waste: An Overview of H.R. 5766, the Government 
Efficiency Act, and H.R. 3282, The Abolishment of Obsolete 
Agencies and Federal Sunset Act of 2005''. Witnesses included 
bill sponsors Reps. Todd Tiahrt and Kevin Brady, James Horney 
from the Center on Budget and Policy Priorities, and Charles 
Loveless from the American Federation of State, County, and 
Municipal Employees.
    September 27, 2005: Federal Workforce and Agency 
Organization Subcommittee hearing entitled ``It's Time to 
REACT--Reauthorizing Executive Authority to Consolidate Task: 
Establishing Results and Sunset Commissions.'' Witnesses 
included Clay Johnson from the Office of Management and Budget, 
Paul Light from New York University, Tom Schatz from the 
Citizens Against Government Waste, Maurice McTigue from the 
Mercatus Center, and Robert Shull from OMB Watch.
    May 17, 2005: Federal Workforce and Agency Organization 
Subcommittee hearing entitled ``Question: What's More Scrambled 
than an Egg? Answer: The Federal Food Inspection System.'' 
Witnesses included Robert Robinson from the Government 
Accountability Office, Robert Brackett from the Food and Drug 
Administration, Merle Pierson from the Department of 
Agriculture, Susan Hazen from the Environmental Protection 
Agency, and Richard Cano from the National Oceanic and 
Atmospheric Administration.
    August 3, 2004: Full Committee hearing entitled ``Moving 
from a `Need to Know' to a `Need to Share': A Review of the 9/
11 Commission's Recommendations.'' Witnesses included Bob 
Kerrey and John Lehman from the 9/11 Commission, David Walker 
from the Government Accountability Office, and Paul Light from 
the Brookings Institute, and other witnesses.
    March 30, 2004: Federal Workforce and Agency Organization 
Subcommittee hearing entitled ``A System Rued: Inspecting 
Food.'' Witnesses included Lawrence Dyckman from the Government 
Accountability Office, Robert Brackett from the Food and Drug 
Administration, Merle Pierson from the Department of 
Agriculture, Dan Glickman formerly from the Department of 
Agriculture, and Caroline Smith DeWaal from the Center for 
Science in the Public Interest.
    May 20, 2003: Full Committee hearing entitled ``Redundancy 
and Duplication in Child Welfare Programs: A Case Study on the 
Need for Executive Reorganization Authority.'' Witnesses 
included Rep. Tom DeLay, Wade Horn from the Department of 
Health and Human Services, Robert Flores from the Department of 
Justice, and Colien Hefferan from the Department of 
Agriculture.
    April 3, 2003: Full Committee hearing entitled ``Toward a 
Logical Governing Structure: Restoring Executive Reorganization 
Authority.'' Witnesses included Rep. Tom DeLay, David Walker 
from the Government Accountability Office, Nancy Dorn from the 
Office of Management and Budget, Dwight Ink from the Institute 
of Public Administration, Paul Light from the Brookings 
Institute, Colleen Kelley from the National Treasury Employees 
Union, and Mark Roth from the American Federation of Government 
Employees.
    March 6, 2003: Full Committee hearing entitled ``From 
Reorganization to Recruitment: Bring the Federal Government 
into the 21st Century.'' Witnesses included Paul Volcker, Frank 
Carlucci, and Donna Shalala from the National Commission on the 
Public Service.
    H.R. 5766, the Government Efficiency Act, is the result of 
the investigation conducted by the Committee over the past 
three and a half years into the existence of overlap and 
duplication in the federal government. It is intended to be a 
tool to assist the Congress and the President in identifying 
solutions to streamlining government operations in order to 
make them as efficient and effective as possible.
    Two important aspects of H.R. 5766 are important to bear in 
mind. First, each Federal Review Commission would be composed 
of a bipartisan group of commissioners, a majority of which 
would represent the interests of Congress. Specifically, a 
Commission would be composed of seven voting members, three 
chosen by the President and four based on recommendations made 
by the House and Senate majority and minority leaders. 
Additionally, up to four Members of Congress--two from each 
chamber--could serve as ex officio Members of a Commission. 
Second, H.R. 5766 would provide multiple opportunities for 
Congress to weigh in, reject, or revise a proposal submitted by 
a Federal Review Commission. In short, the Government 
Efficiency Act would force Members of Congress to debate 
proposals to realign government operations but Congress would 
retain control of the outcome of such proposal. These changes 
represent a significant shift away from prior proposalsto 
establish review commissions to assist Congress determining how to most 
effectively improve the operations and efficiency of the federal 
government.

                           Section-by-Section


Section 1. Short title

    This section provides the short title of H.R. 5766 as the 
``Government Efficiency Act of 2006.''

Section 2. Establishment of Federal Review Commissions

    This section would amend Part I of title 5, United States 
Code, by adding the following new chapter 10, entitled 
``Federal Review Commissions'':
            Section 1001. Establishment of Federal Review Commissions
    This section would authorize the establishment of Federal 
Review Commissions as follows:
    Establishment of a Federal Review Commission. This 
legislation would authorize the President to issue an executive 
order or the Congress to pass a joint resolution to establish a 
Federal Review Commission to study whether a specific aspect of 
federal government operations would function more efficiently 
and effectively if some or all of the relevant federal programs 
and agencies were reorganized, consolidated, abolished, 
expanded, or transferred. A bipartisan Federal Review 
Commission would be composed of 7 Members, appointed by the 
President, 3 of which would be selected by the President, and 4 
of which would be appointed after consultation with the 
majority and minority leadership of the House and Senate (one 
commissioner appointed after consultation with each 
congressional leader).
    Proposal by Federal Review Commission. Within 1 year after 
establishment by executive order or joint resolution, the 
Federal Review Commission would submit to the President its 
assessment of the specific federal programs and agencies 
reviewed by the Commission as well as any legislation necessary 
to realign, continue, consolidate, terminate, or enhance the 
federal agencies and programs reviewed by the Commission. 
Within 30 days of receipt from the Commission, the President 
would transmit the assessment and proposal to Congress.
            Section 1002. Expedited congressional consideration of 
                    Federal Review Commission recommendations
    Introduction, Referral of Legislative Proposal. Upon 
transmission of legislation proposed by a Commission to 
Congress, the Majority Leader or his designee in the House and 
the Majority Leader or his designee in the Senate would 
introduce a resolution approving the legislation proposed by 
the Commission.
    Congressional Committee Consideration. The committee of 
jurisdiction would have 30 legislative days within which to act 
on the resolution, with the following possible outcomes:
    (1) Committee reports favorably without amendment. See 
expedited consideration below.
    (2) Committee reports favorably with amendment. The 
resolution would be scheduled for floor consideration under 
regular order rather than expedited consideration.
    (3) Committee reports unfavorably, with or without 
amendment, or reports without recommendation. The resolution 
would be scheduled for floor consideration under regular order 
rather than expedited consideration.
    (4) Committee fails to report. See expedited consideration 
below.
    Expedited Congressional Consideration. If the committee 
fails to report the resolution within 30 legislative days, a 
privileged motion would be in order to consider the resolution. 
The Speaker would be required to schedule consideration of the 
motion within two legislative days of the filing of the motion 
to proceed, except that the motion would no longer be in order 
if the House otherwise moves to dispose of the motion (e.g. the 
Rules Committee reports a rule to provide for consideration of 
the resolution that tables the motion). A conference could 
occur if the House and Senate pass different versions of the 
resolution.
            Section 1003. Schedule of review of all Federal agencies 
                    and programs
    Sunset Process and Schedule Requirement. Within one year of 
the date of enactment of this Act, the President would be 
required to submit to Congress a schedule under which Federal 
Review Commissions would be established to review all federal 
agencies. The President's review schedule would be considered 
pursuant to the congressional committee consideration and 
expedited congressional procedures below.
            Section 1004. Administrative matters
    Relocation of Federal Employees. If the position of an 
employee of an agency is eliminated as a result of the 
abolishment of an agency in accordance with this Act, there 
shall be a reasonable effort to relocate such employee to a 
position within another agency.
    Deficit Reduction. Any savings that result from the 
elimination, consolidation, or reorganization of programs under 
this Act shall revert to the Treasury for the sole purpose of 
reducing the federal deficit.

                       Explanation of Amendments

    The Committee accepted a substitute amendment offered by 
the Chairman, the provisions of which are explained in the 
descriptive portions of this report.

                        Committee Consideration

    On Wednesday, July 19, 2006, the Committee held a hearing 
entitled ``Cutting Out the Waste: An Overview of H.R. 5766, the 
Government Efficiency Act, and H.R. 3282, The Abolishment of 
Obsolete Agencies and Federal Sunset Act of 2005''. The purpose 
of the hearing was to provide Members of the Committee on 
Government Reform an opportunity to discuss the proposals with 
their sponsors. Witnesses included bill sponsors Reps. Todd 
Tiahrt and Kevin Brady, James Horney from the Center on Budget 
and Policy Priorities, and Charles Loveless from the American 
Federation of State, County, and Municipal Employees.
    On Thursday, July 20, 2006, the Committee met in open 
session and ordered reported favorably the bill, H.R. 5766, as 
amended, by a roll call vote of 15-12.


              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill provides for the establishment of Federal Review 
Commissions to review and make recommendations on improving the 
operations, effectiveness, and efficiency of Federal programs 
and agencies, and to require a schedule for such reviews of all 
Federal agencies and programs. As such this bill does not 
relate to employment or access to public services and 
accommodations.
    Legislative branch employees and their families, to the 
extent that they are otherwise eligible for the benefits 
provided by this legislation, have equal access to its 
benefits.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 5766. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    Pursuant to 5 U.S.C. App., Section 5(b), the Committee 
finds that the legislation does not establish or authorize the 
establishment of an advisory committee whose functions could be 
performed by one or more agencies or by an advisory committee 
already in existence, or by enlarging the mandate of an 
existing advisory committee. The commissions authorized to be 
established pursuant to this legislation are explained in the 
descriptive portions of this report.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the reported bill include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 5766. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 5766 from the Director of 
Congressional Budget Office:

                                                     July 24, 2006.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5766, the 
Government Efficiency Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                           Donald B. Marron
                                                   Acting Director.
    Enclosure.

H.R. 5766--Government Efficiency Act of 2006

    H.R. 5766 would authorize the President (through executive 
orders) and the Congress (through joint resolutions) to create 
Federal Review Commissions to review the performance and 
effectiveness of federal programs and agencies. The bill also 
would provide fast-track legislative authority for 
Congressional action on any recommendations resulting from 
those reviews. The legislative recommendations could include 
the reorganization, consolidation, abolishment, expansion, or 
transfer of the programs and agencies reviewed. Each 
commission, consisting of seven voting members and up to four 
ex-officio members, would be appointed by the President in 
consultation with the Congress. Members would serve without pay 
but would be reimbursed for travel expenses. The commissions 
could hire staff or use personnel from other agencies. The 
commissions would terminate 90 days after submitting their 
final report and legislative recommendations.
    The costs of creating review commissions would vary 
depending on the number of agencies and programs reviewed, the 
level of detail involved, and the depth of the analysis. CBO 
expects that complying with the bill's provisions would 
increase costs that are subject to the availability of 
appropriations. CBO has no basis to estimate the number of 
commissions that might be established under H.R. 5766. In 
recent years, the cost for commissions has ranged from $1 
million for the President's Commission to Strengthen Social 
Security to about $12 million for the Base Realignment and 
Closure Commission. Thus, such costs could total at least a few 
million dollars a year, and possibly significantly more if the 
President and the Congress make extensive use of such review 
commissions. Any budgetary impacts from implementing the 
commissions' recommendations would depend on enactment of 
future legislation.
    Enacting the bill would not affect direct spending or 
revenues. H.R. 5766 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would not affect the budgets of state, local, or tribal 
governments.
    On July 11, 2006, CBO transmitted a cost estimate for S. 
3521, the Stop Over Spending Act of 2006, as ordered reported 
by the Senate Committee on the Budget on June 22, 2006. On 
September 27, 2005, CBO transmitted a cost estimate for S. 
1399, the Government Reorganization and Program Performance 
Improvement Act of 2005, as introduced on July 14, 2005. Those 
bills also dealt with the review of federal agencies and 
programs but have different provisions. CBO's cost estimates 
reflect those differences.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.


         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *



                     PART I--THE AGENCIES GENERALLY

Chapter                                                             Sec.
      Organization...................................................101
     * * * * * * *
      Federal Review Commissions....................................1001
     * * * * * * *

                 CHAPTER 10--FEDERAL REVIEW COMMISSIONS

Sec.
1001. Establishment of Federal Review Commissions.
1002. Expedited Congressional consideration of Federal Review Commission 
          recommendations.
1003. Schedule for review of all Federal agencies and programs.
1004. Administrative matters.

Sec. 1001. Establishment of Federal Review Commissions

  (a) In General.--A Federal Review Commission may be 
established in accordance with this section with respect to a 
specific aspect of Federal programs and agencies for purposes 
of reviewing and making recommendations on how to improve the 
operations, effectiveness, and efficiency of such Federal 
programs and agencies in order to determine whether a 
reorganization, consolidation, abolishment, expansion, or 
transfer of existing Federal programs and agencies is necessary 
to carry out any policy set forth in section 901(a) of this 
title.
  (b) Method of Establishment.--A Federal Review Commission may 
be established under subsection (a) only through the issuance 
of an executive order or the enactment of a joint resolution 
that--
          (1) describes the Federal programs and agencies to be 
        reviewed by the Commission; and
          (2) provides that the Commission shall be subject to 
        the requirements of, and have the powers and 
        authorities under, this section.
  (c) Commencement of Operations.--Each Federal Review 
Commission shall commence operations within 1 month after the 
establishment of the Commission under subsection (a).
  (d) Duties of Federal Review Commissions.--
          (1) Review of programs and agencies.--In reviewing 
        Federal programs and agencies, a Federal Review 
        Commission established under this section shall 
        consider--
                  (A) whether the missions and goals of the 
                programs and agencies studied by the Commission 
                are being carried out as effectively and 
                efficiently as possible;
                  (B) the extent to which the programs or 
                agencies duplicate or conflict with other 
                Federal agencies, State or local government, or 
                the private sector;
                  (C) whether a reorganization, consolidation, 
                abolishment, expansion, or transfer of the 
                programs and agencies reviewed by the Federal 
                Review Commission would better enable the 
                Federal government to accomplish its missions 
                and goals;
                  (D) with respect to existing rules 
                promulgated by the agencies to carry out the 
                programs--
                          (i) whether the agency has specific 
                        legislative authority to promulgate the 
                        rules and carry out the programs.
                          (ii) whether the rules are being 
                        carried out as efficiently as possible; 
                        and
                          (iii) the extent to which the rules 
                        duplicate or conflict with rules 
                        promulgated by other Federal agencies; 
                        and
                  (E) whether the agency or program has 
                operated or was authorized outside of an 
                enumerated power under Article I of the 
                Constitution of the United States or in any 
                manner violates the separation of powers under 
                the Constitution.
          (2) Submission to president of assessment and 
        legislative proposal.--Not later than 1 year after the 
        establishment of a Federal Review Commission under this 
        section, the Commission shall submit to the President--
                  (A) the Commission's assessment of the 
                operations, effectiveness, and efficiency of 
                the Federal programs and agencies reviewed by 
                the Commission; and
                  (B) a legislative proposal, if appropriate, 
                to reorganize, consolidate, abolish, expand, or 
                transfer the Federal programs and agencies 
                reviewed by the Commission.
  (e) Transmission to Congress of Assessment and Legislative 
Proposal.--Not later than 30 days after submission to the 
President of an assessment and legislative proposal (if any) by 
a Federal Review Commission, the President shall transmit to 
Congress the assessment and any legislative proposal, along 
with the President's recommendations regarding the assessment 
and proposal.
  (f) Membership.--
          (1) Number and appointment.--
                  (A) In general.--Each Federal Review 
                Commission shall be composed of 7 members 
                appointed by the President as follows:
                          (i) One in consultation with the 
                        Speaker of the House of 
                        Representatives.
                          (ii) One in consultation with the 
                        minority leader of the House of 
                        Representatives.
                          (iii) One in consultation with the 
                        majority leader of the Senate.
                          (iv) One in consultation with the 
                        minority leader of the Senate.
                          (v) Three other members.
                  (B) Ex officio members.--The President may 
                appoint up to four Members of Congress (up to 2 
                from each House) as nonvoting ex officio 
                members of a Federal Review Commission.
          (2) Qualifications.--All members appointed by the 
        President to serve on a Federal Review Commission shall 
        have expertise and experience in the particular 
        programmatic area that the Federal Review Commission is 
        established to review.
          (3) Terms.--
                  (A) In general.--Each member of a Federal 
                Review Commission shall be appointed for the 
                life of the Commission.
                  (B) Vacancies.--Any vacancy on a Federal 
                Review Commission shall be filled in the same 
                manner as the original appointment.
          (4) Basic pay.--
                  (A) Rates of pay.--Members of a Federal 
                Review Commission shall serve without pay.
                  (B) Travel expenses.--Each member of a 
                Federal Review Commission shall receive travel 
                expenses, including per diem in lieu of 
                subsistence, in accordance with applicable 
                provisions under subchapter I of chapter 57 of 
                title 5, United States Code.
          (5) Quorum.--Four members of a Federal Review 
        Commission shall constitute a quorum but a lesser 
        number may hold hearings.
          (6) Chairman and vice chairman.--The President shall 
        designate one member of each Federal Review Commission 
        to serve as Chairman and one as Vice Chairman.
  (g) Director and Staff.--
          (1) Director.--Each Federal Review Commission shall 
        have a Director who shall be appointed by the Chairman 
        without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive 
        service. The Director shall be paid at a rate not to 
        exceed the rate of basic pay for level II of the 
        Executive Schedule.
          (2) Staff.--The Director of a Federal Review 
        Commission may appoint and fix the pay of additional 
        personnel as the Director considers appropriate, in 
        accordance with section 3161 of title 5, United States 
        Code.
          (3) Applicability of certain civil service laws.--The 
        Director and any staff of each Federal Review 
        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.
          (4) Procurement of temporary and intermittent 
        services.--The Chairman of each Federal Review 
        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 for Level II of the Executive Schedule.
          (5) Staff of federal agencies.--Upon request of the 
        Chairman of a Federal Review Commission, the head of 
        any Federal department or agency may detail, on 
        reimbursable basis, any of the personnel of that 
        department or agency to the Commission to assist it in 
        carrying out its duties.
  (h) Powers of Commission.--
          (1) Hearings and sessions.--Each Federal Review 
        Commission may, for the purpose of carrying out its 
        duties, hold hearings, sit and act at times and places, 
        take testimony, and receive evidence as the Commission 
        considers appropriate.
          (2) Obtaining official data.--Each Federal Review 
        Commission may secure directly from any Federal 
        department or agency information necessary to enable it 
        to carry out its duties. Upon request of the Chairman 
        of a Commission, the head of that department or agency 
        shall furnish that information to the Commission.
          (3) Postal and printing services.--Each Federal 
        Review Commission may use the United States mail and 
        obtain printing and binding services in the same manner 
        and under the same conditions as other Federal 
        departments and agencies.
          (4) Administrative support services.--Upon the 
        request of a Federal Review Commission, the 
        Administrator of General Services shall provide to the 
        Federal Review Commission, on a reimbursable basis, the 
        administrative support services necessary for the 
        Federal Review Commission to carry out its duties.
  (i) Authorization of Appropriations.--Such sums as may be 
necessary are authorized to be appropriated for the purposes of 
carrying out the duties of each Federal Review Commission. Such 
funds shall remain available until expended.
  (j) Termination.--Each Federal Review Commission shall 
terminate 90 days after the date on which the Commission 
submits the assessment and legislative proposal (if any) under 
subsection (d)
  (k) Definition.--In this section, the term ``agency'' has the 
meaning provided in section 902(1) of this title.

Sec. 1002. Expedited Congressional consideration of Federal Review 
                    Commission recommendations

  (a) Introduction of Resolution.--The majority leader of each 
House or his designee shall introduce a joint resolution as 
defined in subsection (d) not later than the fifth day of 
session of that House after the date of receipt of a 
legislative proposal transmitted from the President to Congress 
under section 1001(e) of this title.
  (b) Consideration in the House of Representatives.--
          (1) Referral and reporting.--Any committee of the 
        House of Representatives to which a joint resolution is 
        referred shall report it to the House not later than 30 
        legislative days after the date of its introduction. If 
        a committee fails to report the joint resolution within 
        that period, it shall be in order to move that the 
        House discharge the committee from further 
        consideration of the joint resolution. Such a motion 
        shall be in order only at a time designated by the 
        Speaker in the legislative schedule within two 
        legislative days after the day on which the proponent 
        announces his intention to offer the motion. Notice of 
        such intention may not be given on an anticipatory 
        basis. Such a motion shall not be in order after the 
        last committee authorized to consider the joint 
        resolution reports it to the House or after the House 
        has disposed of a motion to discharge a joint 
        resolution. The previous question shall be considered 
        as ordered on the motion to its adoption without 
        intervening motion except 20 minutes of debate equally 
        divided and controlled by the proponent and an 
        opponent. A motion to reconsider the vote by which the 
        motion is disposed of shall not be in order.
          (2) Proceeding to consideration.--After each 
        committee authorized to consider a joint resolution 
        favorably reports it to the House without amendment or 
        has been discharged from its consideration, it shall be 
        in order to move to proceed to consider the joint 
        resolution in the House. Such a motion shall be in 
        order only at a time designated by the Speaker in the 
        legislative schedule within two legislative days after 
        the day on which the proponent announces his intention 
        to offer the motion. Notice of such intention may not 
        be given on an anticipatory basis. Such a motion shall 
        not be in order after the House has disposed of a 
        motion to proceed on the joint resolution. The previous 
        question shall be considered as ordered on the motion 
        to its adoption without intervening motion. A motion to 
        reconsider the vote by which the motion is disposed of 
        shall not be in order.
          (3) Consideration.--The joint resolution shall be 
        considered as read. All points of order against the 
        joint resolution and against its consideration are 
        waived. The previous question shall be considered as 
        ordered on the joint resolution to its passage without 
        intervening motion except ten hours of debate equally 
        divided and controlled by the proponent and an opponent 
        and one motion to limit debate on the joint resolution. 
        The joint resolution shall not be subject to amendment. 
        A motion to reconsider the vote on passage of the joint 
        resolution shall not be in order.
  (c) Consideration in the Senate.--Language to be provided.
  (d) Definition.--In this section the term ``joint 
resolution'' means only a joint resolution--
          (1) which does not have a preamble;
          (2) the title of which is as follows: ``Joint 
        resolution relating to the legislative proposal 
        prepared by the Federal Review Commission established 
        on ___, 20__.'', the blank spaces being filled in with 
        the appropriate date;
          (3) the matter after the resolving clause of which is 
        as follows: ``That Congress approves the legislative 
        proposal prepared by a Federal Review Commission and 
        transmitted to Congress by the President on ___, 20__ 
        .'', the blank spaces being filled in with the 
        appropriate date; and
          (4) the remaining text of which consists of the 
        legislative proposal prepared by the Federal Review 
        Commission concerned and transmitted to Congress by the 
        President.
  (e) Rules of Senate and House of Representatives on Federal 
Review Commission Recommendations.--This section is enacted by 
Congress--
          (1) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such they are 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 resolutions with respect to any legislative 
        proposal transmitted to Congress (in accordance with 
        section 1001) after the date of enactment of this 
        section; and they supersede other rules only to the 
        extent that they are inconsistent therewith; 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. 1003. Schedule for review of all Federal agencies and programs

  (a) Schedule for Review.--Not later than one year after the 
date of the enactment of this chapter, the President shall 
submit to Congress a schedule under which Federal Review 
Commissions shall be established to review all Federal agencies 
and programs in order to accomplish the goals of the policy set 
forth in section 901(a) of this title.
  (b) Review of Agencies Performing Related Functions.--In 
developing a schedule pursuant to subsection (a), the President 
shall provide that agencies that perform similar or related 
functions be reviewed at or near the same time.

Sec. 1004. Administrative matters

  (a) Relocation of Federal Employees.--If the position of an 
employee of an agency is eliminated as a result of a 
reorganization, consolidation, abolishment, expansion, or 
transfer of existing Federal programs or agencies pursuant to 
this chapter, the affected agency shall make a reasonable 
effort to relocate such employee to a position within another 
agency.
  (b) Deficit Reduction.--
          (1) Deficit reduction.--Any reduction in amounts of 
        discretionary budget authority or direct spending 
        resulting from enactment of legislation pursuant to 
        this chapter shall be dedicated only to deficit 
        reduction and shall not be used as an offset for other 
        spending increases.
          (2) Adjustments to committee allocations.--Not later 
        than 5 days after the enactment of legislation pursuant 
        to this chapter, the chairmen of the Committees on the 
        Budget of the Senate and the House of Representatives 
        shall revise levels under section 311(a) of the 
        Congressional Budget Act of 1974 and adjust the 
        committee allocations under section 302(a) of the 
        Congressional Budget Act of 1974 to reflect the 
        reduction in discretionary budget authority or direct 
        spending, and the appropriate committees shall report 
        revised allocations pursuant to section 302(b) of the 
        Congressional Budget Act of 1974, as appropriate.
          (3) Adjustments to caps.--After the enactment of 
        legislation pursuant to this chapter, the Director of 
        the Office of Management and Budget shall revise 
        applicable limits under the Balanced Budget and 
        Emergency Deficit Control Act, as appropriate.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    We strongly oppose H.R. 5766. This bill would create 
partisan commissions empowered to propose eliminating or 
privatizing critical government programs and require that those 
proposals be considered by Congress under expedited procedures. 
This bill is a backdoor attack on important federal programs 
that support our most vulnerable citizens, including seniors, 
children, and the disabled. Under this bill, any program the 
President did not like could be put on the chopping block under 
fast-track procedures.
    For example, the President has tried repeatedly to cut 
heating assistance for low-income families. The Tiahrt bill is 
the perfect vehicle for forcing such a change through Congress. 
The President has tried repeatedly to slash health care for 
veterans. Again, the Tiahrt bill is the perfect vehicle for 
these changes. Not even Social Security, Medicare, or Medicaid 
would be immune from attack under this bill.
    Supporters of this bill talk about the importance of 
cutting government waste and eliminating unnecessary programs, 
but no one has done more to root out waste, fraud, and 
corruption in government than the Democratic members of the 
Government Reform Committee. At hearing after hearing, we have 
exposed billions in wasteful government spending. If the 
Republican leadership were serious about preventing waste, 
fraud, and abuse, they would join with us in demanding an end 
to Halliburton's billion-dollar contracts in Iraq, a 
prohibition on sweetheart no-bid contracts, and genuine 
oversight and accountability.
    But this bill isn't really about oversight and 
accountability. What it does is create a legislative vehicle 
for undermining our nation's health and environmental laws and 
shrinks the social safety net.
    Over the last five years, the White House has significantly 
encroached upon the power of Congress. H.R. 5766 would make 
this problem far worse. It would aggrandize the executive 
branch at the expense of the legislative branch.
    It's this Committee's job to conduct oversight over the 
federal agencies. This bill gives this role to partisan 
commissions dominated by Presidential appointees. Then, to 
compound the problem, it empowers these executive branch 
commissions to send a limitless number of fast-track 
legislative proposals to Congress. In effect, this bill would 
let these Presidential commissions dictate our legislative 
priorities.
    This bill is also eerily reminiscent of the Grace 
Commission established in the 1980s by President Reagan. One of 
the Grace Commission recommendations was an overhaul of the 
military and civil service retirement systems to make people 
work longer and, in effect, reduce benefits. Another proposal 
would have capped the growth of Medicare and Medicaid and 
converted them to private-sector programs. Similar proposals 
could be sent to Congress under fast-track procedures under 
H.R. 5766.
    Individuals representing corporate interests were placed on 
Grace Commission task forces to examine the very agencies that 
regulated their corporations. For example, virtually all of the 
68 members on the panel studying the Environmental Protection 
Agency came from corporations that had been targets of that 
agency's enforcement efforts. Under H.R. 5766, we could again 
see such a blatant substitution of corporate interests for the 
public interest.
    Supporters of this bill cite ``government overlap'' to 
justify the legislation. Overlaps in federal programs are real 
and should be reviewed by Congress. But executive branch 
oversight is a congressional responsibility that Congress has 
fundamentally failed to meet in recent years. These bills 
reflect further abdication of Congress' oversight duties. The 
last thing this President needs is another opportunity to usurp 
congressional authority and appoint favored cronies and 
corporate lobbyists to powerful commissions charged with 
overseeing our most important health and safety programs.
                                   Henry A. Waxman.
                                   Tom Lantos.
                                   Major R. Owens.
                                   Carolyn B. Maloney.
                                   Elijah E. Cummings.
                                   Dennis J. Kucinich.
                                   Wm. Lacy Clay.
                                   Diane E. Watson.
                                   Stephen F. Lynch.
                                   Chris Van Hollen.
                                   Brian Higgins.
                                   Eleanor Holmes Norton.