Reforming and Consolidating Government Act of 2012

Reforming and Consolidating Government Act of 2012 - Defines "efficiency-enhancing plan," for purposes of executive authority to reorganize federal agencies, as a reorganization plan that the Director of the Office of Management and Budget (OMB) determines will or is likely to result in a decrease in the number of agencies or cost savings in performing the functions that are the subject of the plan.

Expands executive authority to reorganize federal agencies by allowing: (1) the creation of a new executive department or the abolition or renaming of an existing department, (2) the consolidation of two or more departments, and (3) the creation of a new agency that is not a component or part of an existing executive department.

Allows a provision in a reorganization plan to take effect only if such plan is transmitted to Congress within two years of the enactment of this Act and is an efficiency-enhancing plan.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2129 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2129

  To provide for reforming and consolidating agencies of the Federal 
          Government to improve efficiency and effectiveness.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2012

  Mr. Lieberman (for himself and Mr. Warner) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide for reforming and consolidating agencies of the Federal 
          Government to improve efficiency and effectiveness.

    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 ``Reforming and Consolidating 
Government Act of 2012''.

SEC. 2. PROVIDING CONSOLIDATION AUTHORITY.

    (a) Defining an Efficiency-Enhancing Plan.--Section 902 of title 5, 
United States Code, is amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(4) `efficiency-enhancing plan' means a reorganization 
        plan that the Director of the Office of Management and Budget 
        determines will result in, or is likely to result in--
                    ``(A) a decrease in the number of agencies; or
                    ``(B) cost savings in performing the functions that 
                are the subject of that plan.''.
    (b) Modernizing Reorganization Authority.--Section 905(a) of title 
5, United States Code, is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) abolishing or transferring an independent regulatory 
        agency, or all the functions thereof, or consolidating 2 or 
        more independent regulatory agencies, or all the functions 
        thereof;'';
            (2) by striking paragraph (5); and
            (3) by redesignating paragraphs (6) and (7) as paragraphs 
        (5) and (6), respectively.

SEC. 3. DURATION AND SCOPE OF AUTHORITY.

    (a) In General.--Section 905(b) of title 5, United States Code, is 
amended by striking ``if the plan'' and all that follows and inserting 
the following: ``if the plan is--
            ``(1) transmitted to Congress (in accordance with section 
        903(b)) on or before the date that is 2 years after the date of 
        enactment of the Reforming and Consolidating Government Act of 
        2012; and
            ``(2) an efficiency-enhancing plan.''.
    (b) Exercise of Rulemaking Power.--Section 908(1) of title 5, 
United States Code, is amended by striking ``December 31, 1984'' and 
inserting ``the date that is 2 years after the date of enactment of the 
Reforming and Consolidating Government Act of 2012''.
    (c) Terms of Resolution.--Section 909 of title 5, United States 
Code, is amended by striking ``the matter after the resolving clause'' 
and all that follows through ``such modifications'' and inserting ``the 
matter after the resolving clause of which is as follows: `That 
Congress approves the reorganization plan numbered _____ transmitted to 
Congress by the President on ___________.', and includes such 
modifications''.

SEC. 4. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
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