[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 443 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 443

 To create a national commission, modeled after the successful Defense 
    Base Closure and Realignment Commission, to establish a timely, 
   independent, and fair process for realigning or closing outdated, 
            ineffective, or inefficient executive agencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

  Mr. Royce introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
 To create a national commission, modeled after the successful Defense 
    Base Closure and Realignment Commission, to establish a timely, 
   independent, and fair process for realigning or closing outdated, 
            ineffective, or inefficient executive agencies.

    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 ``Government Reform Act of 2009''.

SEC. 2. ESTABLISHMENT.

    There is established a national commission to be known as the 
``Government Reform Commission''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Commission'' means the Government Reform 
        Commission.
            (2) The term ``documents'' means books, records, papers, 
        accounts, transcripts, transcriptions, and reports, in whatever 
        form or medium they may be preserved.
            (3) The term ``executive agency'' has the meaning given the 
        term in section 105 of title 5, United States Code.
            (4) The term ``member'' means a member of the Commission.

SEC. 4. MEMBERSHIP.

    (a) Numbers, Appointment, and Qualifications.--The Commission shall 
be composed of 12 members, appointed by the President, from among 
persons who possess--
            (1) a degree or an advanced degree in the field of business 
        management or public administration; or
            (2) a significant background in business supervision, 
        management, and administration.
    (b) Consultation.--Of the members appointed under subsection (a)--
            (1) one member shall be appointed following consultation 
        with the Speaker of the House of Representatives;
            (2) one member shall be appointed following consultation 
        with the minority leader of the House of Representatives;
            (3) one member shall be appointed following consultation 
        with the President pro Tempore of the Senate; and
            (4) one member shall be appointed following consultation 
        with the minority leader of the Senate.
    (c) Additional Requirements.--The members shall also satisfy the 
following additional requirements:
            (1) Each member shall be a United States citizen and shall 
        reside in the United States.
            (2) Not more than four members shall be from the same 
        political party, excluding those members appointed following 
        consultation required under subsection (b).
            (3) A member may not currently hold or have held within the 
        preceding five years any paid position with any local or State 
        government or executive agency.
            (4) A member may not be a party to an ongoing and 
        continuing contract with any local or State government or 
        executive agency, or be an employee of an entity that is a 
        party to such a contract.
            (5) A member may not be a lobbyist, as defined by either 
        State or Federal law at the time of the appointment of the 
        member.
    (d) Operation.--
            (1) Appointment.--Members shall be appointed not later than 
        30 days from the date of enactment of this Act.
            (2) Chairperson.--The President shall designate one member 
        to serve as chairperson of the Commission.
            (3) Terms.--Each member shall be appointed for a term of 
        two years and may be reappointed for a second term of two 
        years. No member shall serve more than four years on the 
        Commission.
            (4) Quorum.--Six members shall constitute a quorum for the 
        purpose of conducting a session of the Commission, but a lesser 
        number may conduct hearings.
            (5) Compensation.--Members shall serve without pay, but 
        members 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.
            (6) Professional staff.--The Commission may employ, 
        pursuant to laws and regulations governing the civil service, 
        an executive secretary and any clerical, professional, and 
        technical assistants as may be necessary.
            (7) Mandatory resignation.--In the event that a member 
        accepts a position as an officer or employee of any local or 
        State government or executive agency, the member shall resign 
        from the Commission within 30 days from the date the member 
        accepts such position.
            (8) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made. The 
        appointment of the replacement member shall be made not later 
        than 30 days after the date on which the vacancy occurs.

SEC. 5. DUTIES, RESPONSIBILITIES, AND POWERS.

    (a) Review of Executive Agencies.--
            (1) In general.--The Commission shall--
                    (A) examine the current configuration of executive 
                agencies and investigate their duties and 
                responsibilities; and
                    (B) review the operational jurisdictions of 
                executive agencies to determine whether areas of 
                overlap exist and whether the mission of any agency has 
                become obsolete.
            (2) Process.--As part of the review under paragraph (1), 
        the Commission shall identify and address--
                    (A) opportunities for increasing efficiency and 
                reducing costs in executive agencies as a result of 
                executive action or legislation;
                    (B) areas within executive agencies where 
                managerial accountability can be enhanced and 
                administrative control can be improved;
                    (C) any Federal programs that have accomplished 
                their original objectives and should be terminated;
                    (D) any Federal services that could be provided at 
                lower cost by the private sector;
                    (E) budget process reforms that could yield 
                savings, increase accountability and efficiency, and 
                enhance public confidence in the budget process; and
                    (F) areas for further study based on likelihood for 
                potential savings.
    (b) Review of Prior Reform Efforts.--
            (1) In general.--The Commission shall review existing 
        Government Accountability Office, Congressional Budget Office, 
        and Inspector General reports, together with any other existing 
        governmental and nongovernmental recommendations, including 
        recommendations offered by the President's Private Sector 
        Survey on Cost Control, for reducing waste in executive 
        agencies.
            (2) Reports.--Based on the review under paragraph (1), the 
        Commission shall periodically submit to the President and 
        Congress reports which shall include the following:
                    (A) A list of such recommendations to reduce waste 
                in executive agencies that the Commission determines 
                are most significant.
                    (B) The estimated cost savings of the 
                recommendations.
                    (C) A determination of whether the recommendations 
                can be implemented by executive order or whether they 
                instead require legislative action.
    (c) Proposed Reorganization Plan.--
            (1) In general.--Upon completion of the reviews required 
        under subsections (a) and (b), but not later than July 15, 
        2010, the Commission shall submit to the President and Congress 
        a proposed reorganization plan for executive agencies. The 
        proposed reorganization plan shall provide for the realignment 
        or closure of executive agencies to reduce duplication of 
        services and increase productivity.
            (2) Visitation.--The Commission may not recommend an 
        executive agency for realignment or closure unless at least one 
        member has visited the executive agency prior to January 1, 
        2010, as part of the review conducted under subsection (a).
            (3) Transmittal.--The Commission shall transmit a copy of 
        the proposed reorganization plan to the Director of the Office 
        of Management and Budget, who shall prepare and issue a public 
        report that details the predicted savings in Federal 
        expenditures that would result from implementing the 
        reorganization plan.
    (d) Hearings and Sessions.--
            (1) In general.--The Commission shall meet in session at 
        least once per month at the call of the chairperson. 
        Additionally, as part of its review process, the Commission 
        shall conduct three public hearings across the United States. 
        The final hearing shall be held in Washington, D.C., not later 
        than March 1, 2010.
            (2) Additional powers.--The Commission may--
                    (A) meet at additional times and places that it may 
                consider appropriate;
                    (B) issue subpoenas to compel the attendance of 
                witnesses and the production of documents;
                    (C) administer oaths; and
                    (D) contract, as it considers appropriate, for the 
                provision of services, facilities, studies, and reports 
                that will assist the Commission in carrying out its 
                duties, responsibilities, and powers.

SEC. 6. PRESIDENTIAL ACTION ON REORGANIZATION PLAN.

    (a) Presidential Consideration.--No later than August 1, 2010, the 
President shall act on the proposed reorganization plan submitted by 
the Commission, either by approving the plan without alteration or 
amendment, or by returning the plan to the Commission for review. If 
the President returns the plan to the Commission, the President shall 
include such proposed revisions to the plan as the President considers 
appropriate.
    (b) Review and Revision.--If the proposed reorganization plan is 
returned to the Commission for revision, the Commission shall have 30 
days in which to review the Presidential recommendations submitted 
under subsection (a) and to revise the plan. The Commission may, at its 
discretion, incorporate any recommendations proposed by the President 
to the plan.
    (c) Resubmission.--At the conclusion of the 30-day period, the 
Commission shall resubmit the reorganization plan to the President and 
Congress and retransmit a copy of such plan to the Director of the 
Office of Management and Budget. The Director shall prepare and issue a 
revised public report that details the predicted savings in Federal 
expenditures that would result from implementing the revised 
reorganization.
    (d) Effect of Rejection.--If the President rejects the resubmitted 
reorganization plan, such rejection shall conclude the reorganization 
process for the year under this Act. The Commission may, following 
reconsideration and at least one public hearing, resubmit a revised 
reorganization plan in the following year.

SEC. 7. CONGRESSIONAL ACTION ON REORGANIZATION PLAN.

    (a) Submission to Congress.--If the President approves the proposed 
reorganization plan submitted by the Commission, the President shall 
submit the reorganization plan, free of alterations or amendments, to 
Congress.
    (b) Effective Date.--
            (1) Congressional consideration.--The reorganization plan 
        submitted under subsection (a) shall be deemed to be a 
        reorganization plan submitted under chapter 9 of title 5, 
        United States Code, except that the reorganization plan shall 
        take effect on the first day following 60 calendar days of 
        continuous session of Congress, beginning on the date on which 
        the plan is submitted, or a later date as may be provided by 
        the plan, unless Congress enacts a joint resolution rejecting 
        the reorganization plan.
            (2) Suspension of section.--This Act shall be valid for all 
        intents and purposes notwithstanding section 905(b) of title 5, 
        United States Code.
    (c) Reorganization.--Unless the reorganization plan is rejected as 
provided in subsection (b), those executive agencies recommended for 
realignment or closure in the reorganization plan shall be realigned or 
closed beginning as soon as practicable after the effective date of the 
reorganization plan, and completed within three years after the 
effective date.

SEC. 8. TERMINATION.

    The Commission shall terminate at the end of the 30-day period 
beginning on the effective date of the reorganization plan or the date 
a joint resolution rejecting the reorganization plan is enacted.

SEC. 9. FUNDING AND SUPPORT.

    The Commission shall be funded, staffed, and equipped without cost 
to the Federal Government. To accomplish this objective, the Secretary 
of Commerce shall engage in a joint project with a nonprofit 
organization in accordance with the first section of Public Law 91-412 
(15 U.S.C. 1525).
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