2000
[DOCID: f:s1613is.txt]
107th CONGRESS
1st Session
S. 1613
To provide for expedited congressional consideration of ``Freedom to
Manage'' legislative proposals transmitted by the President to Congress
to eliminate or reduce barriers to efficient government operations that
are posed by laws that apply to one or more agencies, including
government-wide laws.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 1, 2001
Mr. Thompson introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To provide for expedited congressional consideration of ``Freedom to
Manage'' legislative proposals transmitted by the President to Congress
to eliminate or reduce barriers to efficient government operations that
are posed by laws that apply to one or more agencies, including
government-wide laws.
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 ``Freedom to Manage Act of 2001''
SEC. 2. PRESIDENTIAL TRANSMISSION OF ``FREEDOM TO MANAGE'' LEGISLATIVE
PROPOSALS.
(a) In General.--Whenever the President transmits a set of
legislative proposals to Congress in accordance with the requirements
of subsections (b) and (c) of this section, the congressional
consideration of those legislative proposals shall be governed by
section 3 of this Act. The President may transmit one or more sets of
legislative proposals to Congress for congressional consideration under
section 3 of this Act.
(b) Format of Legislative Proposals.--A set of legislative
proposals shall be in the form of a bill, consisting of up to four
sections.
(1) One of the sections may consist of repeals of existing
law. Such a section shall be entitled ``Repeals.'', shall begin
with the introductory phrase ``The following provisions of law
are repealed:'', and shall then set forth the citations to each
of the provisions of law to be repealed.
(2) Another of the sections may consist of amendments to
existing law. Such a section shall be entitled ``Amendments.'',
shall begin with the introductory phrase ``The following
provisions of law are amended as follows:'', and shall then set
forth each of the provisions of law and how it is proposed to
be amended.
(3) Another of the sections may consist of new authorities.
Such a section shall be entitled ``New Authorities.'', shall
begin with the introductory phrase ``The following provisions
are enacted into law:'', and shall then set forth each of the
provisions to be enacted into law.
(4) A final section shall set forth the effective date (or
dates) of the repeals, amendments and enactments made in the
prior sections, and include any ``transition'' and ``savings''
provisions that are determined to be necessary or appropriate
in connection with carrying out these repeals, amendments, and
enactments.
(c) Subject of Legislative Proposals.--The President's legislative
proposals under this section may only relate to the elimination or
reduction of barriers to efficient government operations that are posed
by existing laws that apply to one or more agencies, including
government-wide laws, or new authorities that will allow for more
efficient government operations.
(d) Accompanying Message To Congress.--When transmitting
legislative proposals under this section, the President shall also
transmit an accompanying Message to Congress that provides an
explanation for each of his legislative proposals and its expected
impact on Federal operations. In the Message, the President shall
expressly state that he is making the transmission in accordance with
section 2 of the Freedom to Manage Act.
(e) Publication.--The Clerk of the House of Representatives and the
Secretary of the Senate shall ensure that the President's set of
legislative proposals and accompanying Message to Congress are printed
as a document of each House.
SEC. 3. CONGRESSIONAL CONSIDERATION OF THE PRESIDENT'S ``FREEDOM TO
MANAGE'' LEGISLATIVE PROPOSALS.
(a) Definitions.--
(1) Resolution of approval.--For the purposes of this
section, the term ``resolution'' means only a joint resolution
which is introduced within the 10 legislative days beginning on
the date on which the President transmits his legislative
proposals to the Congress under section 2 of this Act, and--
(A) which does not have a preamble;
(B) the title of which is as follows: ``Joint
resolution approving the legislative proposals of the
President under the Freedom to Manage Act.'';
(C) the matter after the resolving clause of which
is as follows: ``That Congress approves the legislative
proposals of the President, as follows, that were
transmitted on ________ under the Freedom to Manage
Act:'', the blank space being filled in with the
appropriate date; and
(D) the remaining text which consists of the
complete text of the President's legislative proposals
submitted under section 2 of this Act.
(2) Legislative day.--For the purposes of this section, the
term ``legislative day'' refers to any day on which either
House of Congress is in session.
(b) Introduction of Resolution of Approval.--In order for the
resolution to be considered under the procedures set forth in this
section, the resolution must meet the definition set forth in
subsection (a) and must be introduced no later than 10 legislative days
after the President transmits his legislative proposals to the Congress
under section 2 of this Act.
(c) Referral of Resolution of Approval.--A resolution of approval
for the President's legislative proposals transmitted under section 2
of this Act shall be referred to the Committee on Governmental Affairs
in the Senate and the Committee on Government Reform in the House of
Representatives.
(d) Consideration in the House of Representatives.--
(1) The Committee on Government Reform shall report the
resolution without amendment, and with or without
recommendation, not later than the 30th legislative day after
the date of its introduction. If the committee fails to report
the resolution within that period, it is thereafter in order
for a Member to move that the House discharge the committee
from further consideration of the resolution. A motion to
discharge may be made only by a Member favoring the resolution
(but only at a time or place designated by the Speaker in the
legislative schedule of the day after the calendar day on which
the Member offering the motion announces to the House his
intention to do so and the form of the motion). The motion is
privileged. Debate thereon shall be limited to not more than
one hour, the time to be divided in the House equally between a
proponent and an opponent. 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 agreed to or disagreed to shall not be in order.
(2) After the approval resolution is reported or the
committee has been discharged from further consideration, it
shall be i
17f8
n order to consider the resolution in the House. If
the resolution is reported and the report has been available
for at least one calendar day, all points of order against the
resolution and against consideration of the resolution are
waived. If the committee has been discharged from further
consideration of the resolution, all points of order against
the resolution and against consideration of the resolution are
waived. The motion is privileged. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. During consideration of the resolution in the
House, the first reading of the bill shall be dispensed with.
Debate on the resolution shall be confined to the resolution,
and shall not exceed one hour equally divided and controlled by
a proponent and an opponent of the resolution. Amendments to
the resolution are not in order. Only one motion to rise shall
be in order, except if offered by the manager. The previous
question shall be considered as ordered on the resolution
without intervening motion. A motion to reconsider the vote on
passage of the resolution shall not be in order.
(3) Appeals from decisions of the Chair regarding
application of the rules of the House of Representatives to the
procedure relating to the approval resolution shall be decided
without debate.
(4) Consideration of senate message.--Consideration in the
House of all motions or appeals necessary to dispose of a
message from the Senate on the resolution shall be limited to
not more than one hour. Debate on each motion shall be limited
to 20 minutes. Debate on any appeal or point of order that is
submitted in connection with the disposition of the Senate
message shall be limited to 10 minutes. Any time for debate
shall be equally divided and controlled by the proponent and
the majority manager, unless the majority manager is a
proponent of the motion, appeal, or point of order, in which case the
minority manager shall be in control of the time in opposition.
(e) Consideration in the Senate.--
(1) The Committee on Governmental Affairs shall report the
resolution not later than the 30th legislative day following
the date of introduction of the resolution. If the committee
fails to report the resolution within that period, the
committee shall be automatically discharged from further
consideration of the resolution and the resolution shall be
placed on the Calendar.
(2) Resolution of approval from house.--When the Senate
receives from the House of Representatives the approval
resolution, such resolution shall not be referred to committee
and shall be placed on the Calendar.
(3) Motion nondebatable.--A motion to proceed to
consideration of the resolution under this subsection shall not
be debatable It shall not be in order to move to reconsider the
vote by which the motion to proceed was adopted or rejected,
although subsequent motions to proceed may be made under this
paragraph.
(4) Limit on consideration.--
(A) Amendments to the resolution are not in order.
(B) After no more than 10 hours of consideration of
the resolution, the Senate shall proceed, without
intervening action or debate, to vote on the final
disposition thereof to the exclusion of all motions,
except a motion to reconsider or to table.
(C) A single motion to extend the time for
consideration under subparagraph (B) for no more than
an additional five hours is in order prior to the
expiration of such time and shall be decided without
debate.
(D) The time for debate on the resolution shall be
equally divided between the Majority Leader and the
Minority Leader or their designees.
(5) No motion to recommit.--A motion to recommit the
resolution shall not be in order.
(6) Consideration of house message.--Consideration in the
Senate of all motions or appeals necessary to dispose of a
message from the House of Representatives on the resolution
shall be limited to not more than four hours. Debate on each
motion shall be limited to 30 minutes. Debate on any appeal or
point of order that is submitted in connection with the
disposition of the House message shall be limited to 20
minutes. Any time for debate shall be equally divided and
controlled by the proponent and the majority manager, unless
the majority manager is a proponent of the motion, appeal, or
point of order, in which case the minority manager shall be in
control of the time in opposition.
(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.
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