,,ii #aacth ,,congress #ast ,session ,s4 #abig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #af 7legislative day1 ,july #ae71 #bjac ,mr4 ,kirk introduced the following bill2 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 ,government1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,government ,transformation ,act of #bjac4 #b4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,commission ,the term ,commission means the ,government ,transformation ,commission established by section #c to undertake and assist the ,president and ,congress in the transformation of the ,federal ,government4 7#b7 ,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 agency4 7#c7 ,implementation bill ,the term implementation bill means only a bill that is introduced as provided under section #h7;a71 and contains the proposed legislation described in section #d7;b77#b77;,b71 without modification4 7#d7 ,member ,the term member means a member of the ,commission appointed under section #e7;a77#a74 7#e7 ,program ,the term program means-- 7,a7 any activity or function of an agency2 7,b7 any activity or function that is implemented by #b or more agencies2 and 7,c7 any infrastructure activity or function that supports more than #a agency4 #c4 ,establishment ,there is established an independent commission to be known as the ,government ,transformation ,commission4 #d4 ,duties of ,commission 7a7 ,in general ,the duties of the ,commission shall be to-- 7#a7 make specific and actionable recommendations to appropriate committees of ,congress for specific legislative changes1 including-- 7,a7 opportunities to increase efficiency and reduce costs in the ,federal ,government through actions by the executive branch or by ,congress2 7,b7 areas where managerial accountability can be enhanced and administrative control can be improved in both the short and long term2 7,c7 specific areas where further study can be justified by potential savings2 7,d7 proposals to reduce governmental expenditures and indebtedness and improve personnel management2 and 7,e7 proposals to make the ,federal ,government more economical1 efficient1 and effective2 7#b7 make specific and actionable recommendations to the ,president for-- 7,a7 the elimination1 consolidation1 or improvement of ,federal ,government programs if1 based on the judgment of the ,commission1 such actions would enhance the efficiency of the program2 and 7,b7 reinvestment and opportunities for innovation in ,federal agencies2 7#c7 provide advice and recommendations to-- 7,a7 ,federal agencies to make programs more economical1 efficient1 and effective1 and reassess the effectiveness of any changes made by a ,federal agency in response to the advice and recommendations2 7,b7 the ,office of ,management and ,budget to improve and report on ,federal ,government and agency performance plans1 as required under section #aaae of title #ca1 ,united ,states ,code2 and 7,c7 ,congress1 the ,office of ,management and ,budget1 and ,federal agencies regarding1 the design and implementation of significant new ,federal programs to ensure the efficient1 effective1 and economical development and execution of the program2 7#d7 provide a mechanism by which ,federal ,government employees1 citizens of the ,united ,states1 and other interested parties can offer ideas and make recommendations for reviewing and improving ,federal ,government programs2 7#e7 conduct research into best organizational practices and ,federal ,government reform efforts1 and provide a repository for such information that supports ,federal agencies in further and continual improvements2 7#f7 develop and maintain a criteria and schedule for assessing ,federal ,government agencies and programs2 7#g7 assess program evaluations performed by ,federal agencies or program activities2 7#h7 maintain the privacy and security of any data used by the ,commission1 as required by law2 and 7#i7 support requests for information under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 by ,federal agencies1 including the ,general ,accountability ,office and the ,congressional ,budget ,office1 and by citizens of the ,united ,states4 7b7 ,reports 7#a7 ,interim activity report ,not later than #f months after the date on which all initial members of the ,commission are appointed1 and every year thereafter1 the ,commission shall submit to the ,president and to ,congress a report to describe the activities of the ,commission4 7#b7 ,annual report 7,a7 ,in general ,not later than #a year after the date on which all initial members of the ,commission are appointed1 and not less frequently than each year thereafter1 the ,commission shall submit a report to the ,president and to ,congress1 which shall include-- 7i7 the findings and conclusions of the ,commission2 7ii7 suggestions for implementing the best practices of ,federal agencies2 7iii7 proposals for administrative action or executive action that include recommendations for-- 7,i7 improvement or investment in ,federal programs2 or 7,,ii7 elimination1 reduction1 or consolidation of ,federal programs2 and 7iv7 justification for the recommendations described in clause 7iii74 7,b7 ,proposed legislation 7i7 ,in general ,not later than #a year after the date on which all initial members of the ,commission are appointed1 and annually thereafter1 the ,commission shall1 using any report submitted to ,congress under subparagraph 7,a71 submit to ,congress proposed legislation to carry out recommendations developed under subsection 7a77#a74 7ii7 ,limitation ,proposed legislation submitted under this subparagraph shall be agreed to by not less than #e members of the ,commission4 7#c7 ,report on historical data ,not later than #d years after the date on which all initial members of the ,commission are appointed1 and every #b years thereafter1 the ,commission shall submit a report to the ,president and to ,congress on historical data and trends relevant to the information studied by the ,commission1 including any available data on reducing costs in the ,federal ,government4 #e4 ,membership 7a7 ,number and appointment 7#a7 ,in general ,the ,commission shall be composed of #g members1 of whom-- 7,a7 #a shall be appointed by the majority leader of the ,senate2 7,b7 #a shall be appointed by the minority leader of the ,senate2 7,c7 #a shall be appointed by the ,speaker of the ,house of ,representatives2 7,d7 #a shall be appointed by the minority leader of the ,house of ,representatives2 and 7,e7 #c shall be appointed by the ,president1 of whom-- 7i7 not less than #a member shall be from each of the #b major political parties2 and 7ii7 #a member shall not be from either of the #b major political parties4 7#b7 ,qualifications ,the members of the ,commission appointed under paragraph 7#a7 shall-- 7,a7 include individuals from various professions who are recognized for their expertise in agencies1 government efficiency1 waste reduction1 finance and economics1 or actuarial sciences2 and 7,b7 reflect a broad geographic representation4 7#c7 ,prohibited appointments 7,a7 ,government employees ,a member of the ,commission appointed under paragraph 7#a7 may not be an officer or employee of the ,federal ,government or any ,state or local government4 7,b7 ,political party ,not more than #c members of the ,commission may be members of the same political party4 7#d7 ,completion of appointments ,not later than #ahj days after the date of enactment of this ,act1 the appointing authorities under paragraph 7#a7 shall each make their respective appointments4 7#e7 ,terms ,each member of the ,commission shall be appointed for a term of #c years1 and may be reappointed for #a additional term4 7#f7 ,vacancies ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 7b7 ,co-,chairmen ,the ,president shall designate #b ,co-,chairmen of the ,commission1 who may not be members of the same political party1 at the time of nomination of members of the ,commission4 7c7 ,rates of pay 7#a7 ,in general ,each member1 other than the ,co-,chairmen1 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 #ecaf of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the actual performance of duties vested in the ,commission4 7#b7 ,chairman ,the ,co-,chairmen shall be paid for each day referred to in paragraph 7#a7 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 #ecae of title #e1 ,united ,states ,code4 7#c7 ,travel expenses ,each member shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7d7 ,quorum #e members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7e7 ,meetings ,the ,commission shall meet at the call of the ,co-,chairmen4 #f4 ,director2 staff2 experts and consultants 7a7 ,director ,the ,commission shall have a ,director who shall be appointed by the ,co-,chairmen4 ,the ,director shall be paid at the rate of basic pay for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7b7 ,staff 7#a7 ,in general ,with the approval of the ,commission1 the ,director may appoint and fix the pay of personnel as the ,director considers appropriate4 7#b7 ,applicability of certain civil service laws ,the ,director may appoint the personnel of the ,commission without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and any personnel so appointed may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 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 #ecaf of such title4 7#c7 ,staff of ,federal agencies ,upon request of the ,director1 the head of any ,federal department or agency may detail1 on a reimbursable basis1 any of the personnel of that department or agency to the ,commission to assist it in carrying out its duties under this ,act4 7c7 ,experts and consultants ,the ,commission may procure by contract temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code4 7d7 ,conflicts of interest ,a member of the ,commission1 the ,director1 or any other employee of the ,commission may not1 indirectly or directly1 participate in any action that would be a conflict of interest with any action of the ,commission4 #g4 ,powers of ,commission 7a7 ,hearings and sessions ,the ,commission may1 for the purpose of carrying out this ,act1 hold hearings1 sit and act at times and places1 take testimony1 and receive evidence as the ,commission considers appropriate4 ,the ,commission may administer oaths or affirmations to witnesses appearing before it4 7b7 ,powers of members and agents ,any member or agent of the ,commission may1 if authorized by the ,commission1 take any action which the ,commission is authorized to take by this section4 7c7 ,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 ,act4 ,upon request of the ,chairman1 the head of that department or agency shall furnish that information to the ,commission4 7d7 ,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 ,states4 7e7 ,administrative support services ,upon the request of the ,commission1 the ,administrator of the ,general ,services ,administration shall provide to the ,commission1 on a reimbursable basis1 the administrative support services necessary for the ,commission to carry out its responsibilities under this ,act4 7f7 ,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 ,act4 #h4 ,expedited ,congressional consideration of proposed legislation 7a7 ,introduction ,proposed legislation submitted under section #d7;b77#b77;,b7 shall be introduced in the ,senate 7by request7 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 7by request7 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 ,house4 7b7 ,consideration in the ,house of ,representatives 7#a7 ,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 #ae days after the date on which the bill is referred to the committee4 ,if a committee fails to report the implementation bill within that period1 it shall be in order to move that the ,house discharge the committee from further consideration of the bill4 ,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 bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion except #bj minutes of debate equally divided and controlled by the proponent and an opponent4 ,if such a motion is adopted1 the ,house shall proceed immediately to consider the implementation bill in accordance with paragraphs 7#b7 and 7#c74 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#b7 ,proceeding to consideration ,after the last committee authorized to consider an implementation bill reports it to the ,house or has been discharged 7other than by motion7 from its consideration1 it shall be in order to move to proceed to consider the implementation bill in the ,house4 ,such a motion shall not be in order after the ,house has disposed of a motion to proceed with respect to the implementation bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#c7 ,consideration ,an implementation bill shall be considered as read4 ,all points of order against the implementation bill and against its consideration are waived4 ,the previous question shall be considered as ordered on an implementation bill to its passage without intervening motion except #b hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the implementation bill4 ,a motion to reconsider the vote on passage of an implementation bill shall not be in order4 7#d7 ,vote on passage ,the vote on passage of an implementation bill shall occur not later than #ij days after the date on which the implementation bill is submitted to ,congress4 7c7 ,expedited procedure in the ,senate 7#a7 ,committee consideration ,an implementation bill introduced in the ,senate under subsection 7a7 shall be jointly referred to the committee or committees of jurisdiction1 which committees shall report the bill without any revision and with a favorable recommendation1 an unfavorable recommendation1 or without recommendation1 not later than #ae days after the date on which the implementation bill is referred to the committee4 ,if any committee fails to report the bill within that period1 that committee shall be automatically discharged from consideration of the bill1 and the bill shall be placed on the appropriate calendar4 7#b7 ,motion to proceed ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 not later than #b days of session after the date on which an implementation bill is reported or discharged from all committees to which it was referred1 for the majority leader of the ,senate or the majority leader's designee to move to proceed to the consideration of the implementation bill4 ,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 #b-;day period4 ,a motion to proceed is in order even though a previous motion to the same effect has been disagreed to4 ,all points of order against the motion to proceed to the implementation bill are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the implementation bill is agreed to1 the implementation bill shall remain the unfinished business until disposed of4 7#c7 ,consideration ,all points of order against an implementation bill and against consideration of an implementation bill are waived4 ,consideration of an implementation bill and of all debatable motions and appeals in connection therewith shall not exceed a total of #cj hours which shall be divided equally between the majority and minority leaders or their designees4 ,a motion further to limit debate on an implementation bill is in order1 shall require an affirmative vote of three-fifths of the ,members duly chosen and sworn1 and is not debatable4 ,any debatable motion or appeal is debatable for not to exceed #a hour1 to be divided equally between those favoring and those opposing the motion or appeal4 ,all time used for consideration of an implementation bill1 including time used for quorum calls and voting1 shall be counted against the total #cj hours of consideration4 7#d7 ,no amendments ,an amendment to an implementation bill1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit an implementation bill1 is not in order4 7#e7 ,vote on passage ,if the ,senate has voted to proceed to an implementation bill1 the vote on passage of an implementation bill shall occur immediately following the conclusion of the debate on an implementation bill1 and a single quorum call at the conclusion of the debate if requested4 ,the vote on passage of an implementation bill shall occur not later than #ij days after the date on which the implementation bill is submitted to ,congress4 7#f7 ,rulings of the chair on procedure ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate1 as the case may be1 to the procedure relating to an implementation bill shall be decided without debate4 7d7 ,amendment ,an implementation bill shall not be subject to amendment in either the ,house of ,representatives or the ,senate4 7e7 ,consideration by the other house 7#a7 ,in general ,if1 before passing an implementation bill1 one ,house receives from the other an implementation bill-- 7,a7 the implementation bill of the other ,house shall not be referred to a committee2 and 7,b7 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 passage1 when the implementation bill received from the other ,house shall supplant the implementation bill of the receiving ,house4 7#b7 ,revenue measure ,this subsection shall not apply to the ,house of ,representatives if the implementation bill received from the ,senate is a revenue measure4 7f7 ,rules ,to coordinate action with other house 7#a7 ,treatment of implementation bill of other house ,if the ,senate fails to introduce or consider an implementation bill under this section1 the implementation bill of the ,house shall be entitled to expedited floor procedures under this section4 7#b7 ,treatment of companion measures in the senate ,if following passage of an implementation bill in the ,senate1 the ,senate then receives the implementation bill from the ,house of ,representatives1 the ,house-passed implementation bill shall not be debatable4 ,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 ,representatives4 7#c7 ,vetoes ,if the ,president vetoes an implementation bill1 debate on a veto message in the ,senate under this section shall be #a hour equally divided between the majority and minority leaders or their designees4 7g7 ,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 #ahj days after the implementation bill is submitted to ,congress4 #i4 ,termination ,the ,commission shall terminate on the date that is #g years after the date of enactment of this ,act4 #aj4 ,funding 7a7 ,authorization of appropriations ,there are authorized to be appropriated for each of the fiscal years #bjad through #bjai such sums as may be necessary to carry out this ,act4 7b7 ,offset by savings realized through ,commission ,for each fiscal year after #bjad1 and to the extent possible1 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 ,commission4