[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1297 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1297

  To establish the Government Transformation Commission to review and 
make recommendations regarding cost control in the Federal Government, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 16 (legislative day, July 15), 2013

   Mr. Kirk introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish the Government Transformation Commission to review and 
make recommendations regarding cost control in the Federal Government, 
                        and for other purposes.

    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 Transformation Act of 
2013''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Commission.--The term ``Commission'' means the 
        Government Transformation Commission established by section 3 
        to undertake and assist the President and Congress in the 
        transformation of the Federal Government.
            (2) Duplicative program.--The term ``duplicative program'' 
        means a program performed by an agency that performs the same 
        function with a different management and implementation 
        structure as another program performed by another agency.
            (3) Implementation bill.--The term ``implementation bill'' 
        means only a bill that is introduced as provided under section 
        8(a), and contains the proposed legislation described in 
        section 4(b)(2)(B), without modification.
            (4) Member.--The term ``member'' means a member of the 
        Commission appointed under section 5(a)(1).
            (5) Program.--The term ``program'' means--
                    (A) any activity or function of an agency;
                    (B) any activity or function that is implemented by 
                2 or more agencies; and
                    (C) any infrastructure activity or function that 
                supports more than 1 agency.

SEC. 3. ESTABLISHMENT.

    There is established an independent commission to be known as the 
``Government Transformation Commission''.

SEC. 4. DUTIES OF COMMISSION.

    (a) In General.--The duties of the Commission shall be to--
            (1) make specific and actionable recommendations to 
        appropriate committees of Congress for specific legislative 
        changes, including--
                    (A) opportunities to increase efficiency and reduce 
                costs in the Federal Government through actions by the 
                executive branch or by Congress;
                    (B) areas where managerial accountability can be 
                enhanced and administrative control can be improved in 
                both the short and long term;
                    (C) specific areas where further study can be 
                justified by potential savings;
                    (D) proposals to reduce governmental expenditures 
                and indebtedness and improve personnel management; and
                    (E) proposals to make the Federal Government more 
                economical, efficient, and effective;
            (2) make specific and actionable recommendations to the 
        President for--
                    (A) the elimination, consolidation, or improvement 
                of Federal Government programs if, based on the 
                judgment of the Commission, such actions would enhance 
                the efficiency of the program; and
                    (B) reinvestment and opportunities for innovation 
                in Federal agencies;
            (3) provide advice and recommendations to--
                    (A) Federal agencies to make programs more 
                economical, efficient, and effective, and reassess the 
                effectiveness of any changes made by a Federal agency 
                in response to the advice and recommendations;
                    (B) the Office of Management and Budget to improve 
                and report on Federal Government and agency performance 
                plans, as required under section 1115 of title 31, 
                United States Code; and
                    (C) Congress, the Office of Management and Budget, 
                and Federal agencies regarding, the design and 
                implementation of significant new Federal programs to 
                ensure the efficient, effective, and economical 
                development and execution of the program;
            (4) provide a mechanism by which Federal Government 
        employees, citizens of the United States, and other interested 
        parties can offer ideas and make recommendations for reviewing 
        and improving Federal Government programs;
            (5) conduct research into best organizational practices and 
        Federal Government reform efforts, and provide a repository for 
        such information that supports Federal agencies in further and 
        continual improvements;
            (6) develop and maintain a criteria and schedule for 
        assessing Federal Government agencies and programs;
            (7) assess program evaluations performed by Federal 
        agencies or program activities;
            (8) maintain the privacy and security of any data used by 
        the Commission, as required by law; and
            (9) support requests for information under section 552 of 
        title 5, United States Code (commonly known as the Freedom of 
        Information Act) by Federal agencies, including the General 
        Accountability Office and the Congressional Budget Office, and 
        by citizens of the United States.
    (b) Reports.--
            (1) Interim activity report.--Not later than 6 months after 
        the date on which all initial members of the Commission are 
        appointed, and every year thereafter, the Commission shall 
        submit to the President and to Congress a report to describe 
        the activities of the Commission.
            (2) Annual report.--
                    (A) In general.--Not later than 1 year after the 
                date on which all initial members of the Commission are 
                appointed, and not less frequently than each year 
                thereafter, the Commission shall submit a report to the 
                President and to Congress, which shall include--
                            (i) the findings and conclusions of the 
                        Commission;
                            (ii) suggestions for implementing the best 
                        practices of Federal agencies;
                            (iii) proposals for administrative action 
                        or executive action that include 
                        recommendations for--
                                    (I) improvement or investment in 
                                Federal programs; or
                                    (II) elimination, reduction, or 
                                consolidation of Federal programs; and
                            (iv) justification for the recommendations 
                        described in clause (iii).
                    (B) Proposed legislation.--
                            (i) In general.--Not later than 1 year 
                        after the date on which all initial members of 
                        the Commission are appointed, and annually 
                        thereafter, the Commission shall, using any 
                        report submitted to Congress under subparagraph 
                        (A), submit to Congress proposed legislation to 
                        carry out recommendations developed under 
                        subsection (a)(1).
                            (ii) Limitation.--Proposed legislation 
                        submitted under this subparagraph shall be 
                        agreed to by not less than 5 members of the 
                        Commission.
            (3) Report on historical data.--Not later than 4 years 
        after the date on which all initial members of the Commission 
        are appointed, and every 2 years thereafter, the Commission 
        shall submit a report to the President and to Congress on 
        historical data and trends relevant to the information studied 
        by the Commission, including any available data on reducing 
        costs in the Federal Government.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall be composed of 7 
        members, of whom--
                    (A) 1 shall be appointed by the majority leader of 
                the Senate;
                    (B) 1 shall be appointed by the minority leader of 
                the Senate;
                    (C) 1 shall be appointed by the Speaker of the 
                House of Representatives;
                    (D) 1 shall be appointed by the minority leader of 
                the House of Representatives; and
                    (E) 3 shall be appointed by the President, of 
                whom--
                            (i) not less than 1 member shall be from 
                        each of the 2 major political parties; and
                            (ii) 1 member shall not be from either of 
                        the 2 major political parties.
            (2) Qualifications.--The members of the Commission 
        appointed under paragraph (1) shall--
                    (A) include individuals from various professions 
                who are recognized for their expertise in agencies, 
                government efficiency, waste reduction, finance and 
                economics, or actuarial sciences; and
                    (B) reflect a broad geographic representation.
            (3) Prohibited appointments.--
                    (A) Government employees.--A member of the 
                Commission appointed under paragraph (1) may not be an 
                officer or employee of the Federal Government or any 
                State or local government.
                    (B) Political party.--Not more than 3 members of 
                the Commission may be members of the same political 
                party.
            (4) Completion of appointments.--Not later than 180 days 
        after the date of enactment of this Act, the appointing 
        authorities under paragraph (1) shall each make their 
        respective appointments.
            (5) Terms.--Each member of the Commission shall be 
        appointed for a term of 3 years, and may be reappointed for 1 
        additional term.
            (6) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made.
    (b) Co-Chairmen.--The President shall designate 2 Co-Chairmen of 
the Commission, who may not be members of the same political party, at 
the time of nomination of members of the Commission.
    (c) Rates of Pay.--
            (1) In general.--Each member, other than the Co-Chairmen, 
        shall be paid at a rate equal to the daily equivalent of the 
        minimum annual rate of basic pay for level V of the Executive 
        Schedule under section 5316 of title 5, United States Code, for 
        each day (including travel time) during which the member is 
        engaged in the actual performance of duties vested in the 
        Commission.
            (2) Chairman.--The Co-Chairmen shall be paid for each day 
        referred to in paragraph (1) at a rate equal to the daily 
        equivalent of the minimum annual rate of basic pay payable for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code.
            (3) Travel expenses.--Each member 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.
    (d) Quorum.--5 members of the Commission shall constitute a quorum, 
but a lesser number of members may hold hearings.
    (e) Meetings.--The Commission shall meet at the call of the Co-
Chairmen.

SEC. 6. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Co-Chairmen. The Director shall be paid at the rate of 
basic pay for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.
    (b) Staff.--
            (1) In general.--With the approval of the Commission, the 
        Director may appoint and fix the pay of personnel as the 
        Director considers appropriate.
            (2) Applicability of certain civil service laws.--The 
        Director may appoint the personnel of the Commission without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and any 
        personnel so appointed may be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification and General Schedule pay 
        rates, except that an individual so appointed may not receive 
        pay in excess of the annual rate of basic pay for level V of 
        the Executive Schedule under section 5316 of such title.
            (3) Staff of federal agencies.--Upon request of the 
        Director, the head of any Federal department or agency may 
        detail, on a reimbursable basis, any of the personnel of that 
        department or agency to the Commission to assist it in carrying 
        out its duties under this Act.
    (c) Experts and Consultants.--The Commission may procure by 
contract temporary and intermittent services under section 3109(b) of 
title 5, United States Code.
    (d) Conflicts of Interest.--A member of the Commission, the 
Director, or any other employee of the Commission may not, indirectly 
or directly, participate in any action that would be a conflict of 
interest with any action of the Commission.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairman, the head of that department or agency shall furnish that 
information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of the General Services Administration 
shall provide to the Commission, on a reimbursable basis, the 
administrative support services necessary for the Commission to carry 
out its responsibilities under this Act.
    (f) Contract Authority.--The Commission may contract with and 
compensate Government and private agencies or persons for products and 
services necessary for the Commission to carry out its responsibilities 
under this Act.

SEC. 8. EXPEDITED CONGRESSIONAL CONSIDERATION OF PROPOSED LEGISLATION.

    (a) Introduction.--Proposed legislation submitted under section 
4(b)(2)(B) shall be introduced in the Senate (by request) on the next 
day on which the Senate is in session after the date on which the 
proposed legislation is submitted by the majority leader of the Senate 
or by a Member of the Senate designated by the majority leader of the 
Senate and shall be introduced in the House of Representatives (by 
request) on the next legislative day by the majority leader of the 
House or by a Member of the House designated by the majority leader of 
the House.
    (b) Consideration in the House of Representatives.--
            (1) Referral and reporting.--Any committee of the House of 
        Representatives to which an implementation bill is referred 
        shall report it to the House without amendment not later than 
        15 days after the date on which the bill is referred to the 
        committee. If a committee fails to report the implementation 
        bill within that period, it shall be in order to move that the 
        House discharge the committee from further consideration of the 
        bill. Such a motion shall not be in order after the last 
        committee authorized to consider the bill reports it to the 
        House or after the House has disposed of a motion to discharge 
        the bill. 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. If such a motion is adopted, the 
        House shall proceed immediately to consider the implementation 
        bill in accordance with paragraphs (2) and (3). A motion to 
        reconsider the vote by which the motion is disposed of shall 
        not be in order.
            (2) Proceeding to consideration.--After the last committee 
        authorized to consider an implementation bill reports it to the 
        House or has been discharged (other than by motion) from its 
        consideration, it shall be in order to move to proceed to 
        consider the implementation bill in the House. Such a motion 
        shall not be in order after the House has disposed of a motion 
        to proceed with respect to the implementation bill. 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.--An implementation bill shall be 
        considered as read. All points of order against the 
        implementation bill and against its consideration are waived. 
        The previous question shall be considered as ordered on an 
        implementation bill to its passage without intervening motion 
        except 2 hours of debate equally divided and controlled by the 
        proponent and an opponent and one motion to limit debate on the 
        implementation bill. A motion to reconsider the vote on passage 
        of an implementation bill shall not be in order.
            (4) Vote on passage.--The vote on passage of an 
        implementation bill shall occur not later than 90 days after 
        the date on which the implementation bill is submitted to 
        Congress.
    (c) Expedited Procedure in the Senate.--
            (1) Committee consideration.--An implementation bill 
        introduced in the Senate under subsection (a) shall be jointly 
        referred to the committee or committees of jurisdiction, which 
        committees shall report the bill without any revision and with 
        a favorable recommendation, an unfavorable recommendation, or 
        without recommendation, not later than 15 days after the date 
        on which the implementation bill is referred to the committee. 
        If any committee fails to report the bill within that period, 
        that committee shall be automatically discharged from 
        consideration of the bill, and the bill shall be placed on the 
        appropriate calendar.
            (2) Motion to proceed.--Notwithstanding Rule XXII of the 
        Standing Rules of the Senate, it is in order, not later than 2 
        days of session after the date on which an implementation bill 
        is reported or discharged from all committees to which it was 
        referred, for the majority leader of the Senate or the majority 
        leader's designee to move to proceed to the consideration of 
        the implementation bill. It shall also be in order for any 
        Member of the Senate to move to proceed to the consideration of 
        the implementation bill at any time after the conclusion of 
        such 2-day period. A motion to proceed is in order even though 
        a previous motion to the same effect has been disagreed to. All 
        points of order against the motion to proceed to the 
        implementation bill are waived. The motion to proceed is not 
        debatable. The motion is not subject to a motion to postpone. A 
        motion to reconsider the vote by which the motion is agreed to 
        or disagreed to shall not be in order. If a motion to proceed 
        to the consideration of the implementation bill is agreed to, 
        the implementation bill shall remain the unfinished business 
        until disposed of.
            (3) Consideration.--All points of order against an 
        implementation bill and against consideration of an 
        implementation bill are waived. Consideration of an 
        implementation bill and of all debatable motions and appeals in 
        connection therewith shall not exceed a total of 30 hours which 
        shall be divided equally between the majority and minority 
        leaders or their designees. A motion further to limit debate on 
        an implementation bill is in order, shall require an 
        affirmative vote of three-fifths of the Members duly chosen and 
        sworn, and is not debatable. Any debatable motion or appeal is 
        debatable for not to exceed 1 hour, to be divided equally 
        between those favoring and those opposing the motion or appeal. 
        All time used for consideration of an implementation bill, 
        including time used for quorum calls and voting, shall be 
        counted against the total 30 hours of consideration.
            (4) No amendments.--An amendment to an implementation bill, 
        or a motion to postpone, or a motion to proceed to the 
        consideration of other business, or a motion to recommit an 
        implementation bill, is not in order.
            (5) Vote on passage.--If the Senate has voted to proceed to 
        an implementation bill, the vote on passage of an 
        implementation bill shall occur immediately following the 
        conclusion of the debate on an implementation bill, and a 
        single quorum call at the conclusion of the debate if 
        requested. The vote on passage of an implementation bill shall 
        occur not later than 90 days after the date on which the 
        implementation bill is submitted to Congress.
            (6) Rulings of the chair on procedure.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate, as the case may be, to the procedure relating to 
        an implementation bill shall be decided without debate.
    (d) Amendment.--An implementation bill shall not be subject to 
amendment in either the House of Representatives or the Senate.
    (e) Consideration by the Other House.--
            (1) In general.--If, before passing an implementation bill, 
        one House receives from the other an implementation bill--
                    (A) the implementation bill of the other House 
                shall not be referred to a committee; and
                    (B) the procedure in the receiving House shall be 
                the same as if no implementation bill had been received 
                from the other House until the vote on passage, when 
                the implementation bill received from the other House 
                shall supplant the implementation bill of the receiving 
                House.
            (2) Revenue measure.--This subsection shall not apply to 
        the House of Representatives if the implementation bill 
        received from the Senate is a revenue measure.
    (f) Rules To Coordinate Action With Other House.--
            (1) Treatment of implementation bill of other house.--If 
        the Senate fails to introduce or consider an implementation 
        bill under this section, the implementation bill of the House 
        shall be entitled to expedited floor procedures under this 
        section.
            (2) Treatment of companion measures in the senate.--If 
        following passage of an implementation bill in the Senate, the 
        Senate then receives the implementation bill from the House of 
        Representatives, the House-passed implementation bill shall not 
        be debatable. The vote on passage of the implementation bill in 
        the Senate shall be considered to be the vote on passage of the 
        implementation bill received from the House of Representatives.
            (3) Vetoes.--If the President vetoes an implementation 
        bill, debate on a veto message in the Senate under this section 
        shall be 1 hour equally divided between the majority and 
        minority leaders or their designees.
    (g) Loss of Privilege.--The provisions of this section shall cease 
to apply to an implementation bill if the implementation bill does not 
pass both Houses not later than 180 days after the implementation bill 
is submitted to Congress.

SEC. 9. TERMINATION.

    The Commission shall terminate on the date that is 7 years after 
the date of enactment of this Act.

SEC. 10. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2014 through 2019 such sums 
as may be necessary to carry out this Act.
    (b) Offset by Savings Realized Through Commission.--For each fiscal 
year after 2014, and to the extent possible, the costs of carrying out 
the provisions of this Act shall be offset by the reductions in 
appropriated amounts carried out as a result of recommendations 
proposed by the Commission.
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