I 

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and fair process for realigning or closing outdated, ineffective, or inefficient executive agencies.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establish a timely, independent, and fair process for realigning or closing outdated, ineffective, or inefficient 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Government Reform 

5 Act of 2009’’. 


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1 SEC. 2. ESTABLISHMENT. 

2 There is established a national commission to be 

3 known as the ‘‘Government Reform Commission’’. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) The term ‘‘Commission’’ means the Govern7 ment Reform Commission. 

8 (2) The term ‘‘documents’’ means books, 

9 records, papers, accounts, transcripts, transcriptions, 

10 and reports, in whatever form or medium they may 

11 be preserved. 

12 (3) The term ‘‘executive agency’’ has the mean13 ing given the term in section 105 of title 5, United 

14 States Code. 

15 (4) The term ‘‘member’’ means a member of 

16 the Commission. 

17 SEC. 4. MEMBERSHIP. 

18 (a) NUMBERS, APPOINTMENT, AND QUALIFICA19 TIONS.—The Commission shall be composed of 12 mem20 bers, appointed by the President, from among persons who 

21 possess— 

22 (1) a degree or an advanced degree in the field 

23 of business management or public administration; or 

24 (2) a significant background in business super25 vision, management, and administration. 


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1 (b) CONSULTATION.—Of the members appointed 

2 under subsection (a)— 

3 (1) one member shall be appointed following 

4 consultation with the Speaker of the House of Rep5 resentatives; 

6 (2) one member shall be appointed following 

7 consultation with the minority leader of the House 

8 of Representatives; 

9 (3) one member shall be appointed following 

10 consultation with the President pro Tempore of the 

11 Senate; and 

12 (4) one member shall be appointed following 

13 consultation with the minority leader of the Senate. 

14 (c) ADDITIONAL REQUIREMENTS.—The members 

15 shall also satisfy the following additional requirements: 

16 (1) Each member shall be a United States cit17 izen and shall reside in the United States. 

18 (2) Not more than four members shall be from 

19 the same political party, excluding those members 

20 appointed following consultation required under sub21 section (b). 

22 (3) A member may not currently hold or have 

23 held within the preceding five years any paid posi24 tion with any local or State government or executive 

25 agency. 


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1 (4) A member may not be a party to an ongo2 ing and continuing contract with any local or State 

3 government or executive agency, or be an employee 

4 of an entity that is a party to such a contract. 

5 (5) A member may not be a lobbyist, as defined 

6 by either State or Federal law at the time of the ap7 pointment of the member. 

8 (d) OPERATION.— 

9 (1) APPOINTMENT.—Members shall be ap10 pointed not later than 30 days from the date of en11 actment of this Act. 

12 (2) CHAIRPERSON.—The President shall des13 ignate one member to serve as chairperson of the 

14 Commission. 

15 (3) TERMS.—Each member shall be appointed 

16 for a term of two years and may be reappointed for 

17 a second term of two years. No member shall serve 

18 more than four years on the Commission. 

19 (4) QUORUM.—Six members shall constitute a 

20 quorum for the purpose of conducting a session of 

21 the Commission, but a lesser number may conduct 

22 hearings. 

23 (5) COMPENSATION.—Members shall serve 

24 without pay, but members shall receive travel ex25 penses, including per diem in lieu of subsistence, in 


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1 accordance with applicable provisions under sub2 chapter I of chapter 57 of title 5, United States 

3 Code. 

4 (6) PROFESSIONAL STAFF.—The Commission 

5 may employ, pursuant to laws and regulations gov6 erning the civil service, an executive secretary and 

7 any clerical, professional, and technical assistants as 

8 may be necessary. 

9 (7) MANDATORY RESIGNATION.—In the event 

10 that a member accepts a position as an officer or 

11 employee of any local or State government or execu12 tive agency, the member shall resign from the Com13 mission within 30 days from the date the member 

14 accepts such position. 

15 (8) VACANCIES.—A vacancy in the Commission 

16 shall be filled in the manner in which the original 

17 appointment was made. The appointment of the re18 placement member shall be made not later than 30 

19 days after the date on which the vacancy occurs. 

20 SEC. 5. DUTIES, RESPONSIBILITIES, AND POWERS. 

21 (a) REVIEW OF EXECUTIVE AGENCIES.— 

22 (1) IN GENERAL.—The Commission shall— 

23 (A) examine the current configuration of 

24 executive agencies and investigate their duties 

25 and responsibilities; and 


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1 (B) review the operational jurisdictions of 

2 executive agencies to determine whether areas 

3 of overlap exist and whether the mission of any 

4 agency has become obsolete. 

5 (2) PROCESS.—As part of the review under 

6 paragraph (1), the Commission shall identify and 

7 address— 

8 (A) opportunities for increasing efficiency 

9 and reducing costs in executive agencies as a 

10 result of executive action or legislation; 

11 (B) areas within executive agencies where 

12 managerial accountability can be enhanced and 

13 administrative control can be improved; 

14 (C) any Federal programs that have ac15 complished their original objectives and should 

16 be terminated; 

17 (D) any Federal services that could be pro18 vided at lower cost by the private sector; 

19 (E) budget process reforms that could 

20 yield savings, increase accountability and effi21 ciency, and enhance public confidence in the 

22 budget process; and 

23 (F) areas for further study based on likeli24 hood for potential savings. 

25 (b) REVIEW OF PRIOR REFORM EFFORTS.— 


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1 (1) IN GENERAL.—The Commission shall review 

2 existing Government Accountability Office, Congres3 sional Budget Office, and Inspector General reports, 

4 together with any other existing governmental and 

5 nongovernmental recommendations, including rec6 ommendations offered by the President’s Private 

7 Sector Survey on Cost Control, for reducing waste in 

8 executive agencies. 

9 (2) REPORTS.—Based on the review under 

10 paragraph (1), the Commission shall periodically 

11 submit to the President and Congress reports which 

12 shall include the following: 

13 (A) A list of such recommendations to re14 duce waste in executive agencies that the Com15 mission determines are most significant. 

16 (B) The estimated cost savings of the rec17 ommendations. 

18 (C) A determination of whether the rec19 ommendations can be implemented by executive 

20 order or whether they instead require legislative 

21 action. 

22 (c) PROPOSED REORGANIZATION PLAN.— 

23 (1) IN GENERAL.—Upon completion of the re24 views required under subsections (a) and (b), but 

25 not later than July 15, 2010, the Commission shall 


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1 submit to the President and Congress a proposed re2 organization plan for executive agencies. The pro3 posed reorganization plan shall provide for the re4 alignment or closure of executive agencies to reduce 

5 duplication of services and increase productivity. 

6 (2) VISITATION.—The Commission may not 

7 recommend an executive agency for realignment or 

8 closure unless at least one member has visited the 

9 executive agency prior to January 1, 2010, as part 

10 of the review conducted under subsection (a). 

11 (3) TRANSMITTAL.—The Commission shall 

12 transmit a copy of the proposed reorganization plan 

13 to the Director of the Office of Management and 

14 Budget, who shall prepare and issue a public report 

15 that details the predicted savings in Federal expend16 itures that would result from implementing the reor17 ganization plan. 

18 (d) HEARINGS AND SESSIONS.— 

19 (1) IN GENERAL.—The Commission shall meet 

20 in session at least once per month at the call of the 

21 chairperson. Additionally, as part of its review proc22 ess, the Commission shall conduct three public hear23 ings across the United States. The final hearing 

24 shall be held in Washington, D.C., not later than 

25 March 1, 2010. 


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1 (2) ADDITIONAL POWERS.—The Commission 

2 may— 

3 (A) meet at additional times and places 

4 that it may consider appropriate; 

5 (B) issue subpoenas to compel the attend6 ance of witnesses and the production of docu7 ments; 

8 (C) administer oaths; and 

9 (D) contract, as it considers appropriate, 

10 for the provision of services, facilities, studies, 

11 and reports that will assist the Commission in 

12 carrying out its duties, responsibilities, and 

13 powers. 

14 SEC. 6. PRESIDENTIAL ACTION ON REORGANIZATION PLAN. 

15 (a) PRESIDENTIAL CONSIDERATION.—No later than 

16 August 1, 2010, the President shall act on the proposed 

17 reorganization plan submitted by the Commission, either 

18 by approving the plan without alteration or amendment, 

19 or by returning the plan to the Commission for review. 

20 If the President returns the plan to the Commission, the 

21 President shall include such proposed revisions to the plan 

22 as the President considers appropriate. 

23 (b) REVIEW AND REVISION.—If the proposed reorga24 nization plan is returned to the Commission for revision, 

25 the Commission shall have 30 days in which to review the 


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1 Presidential recommendations submitted under subsection 

2 (a) and to revise the plan. The Commission may, at its 

3 discretion, incorporate any recommendations proposed by 

4 the President to the plan. 

5 (c) RESUBMISSION.—At the conclusion of the 30-day 

6 period, the Commission shall resubmit the reorganization 

7 plan to the President and Congress and retransmit a copy 

8 of such plan to the Director of the Office of Management 

9 and Budget. The Director shall prepare and issue a re10 vised public report that details the predicted savings in 

11 Federal expenditures that would result from implementing 

12 the revised reorganization. 

13 (d) EFFECT OF REJECTION.—If the President rejects 

14 the resubmitted reorganization plan, such rejection shall 

15 conclude the reorganization process for the year under this 

16 Act. The Commission may, following reconsideration and 

17 at least one public hearing, resubmit a revised reorganiza18 tion plan in the following year. 

19 SEC. 7. CONGRESSIONAL ACTION ON REORGANIZATION 

20 PLAN. 

21 (a) SUBMISSION TO CONGRESS.—If the President ap22 proves the proposed reorganization plan submitted by the 

23 Commission, the President shall submit the reorganization 

24 plan, free of alterations or amendments, to Congress. 

25 (b) EFFECTIVE DATE.— 


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1 (1) CONGRESSIONAL CONSIDERATION.—The re2 organization plan submitted under subsection (a) 

3 shall be deemed to be a reorganization plan sub4 mitted under chapter 9 of title 5, United States 

5 Code, except that the reorganization plan shall take 

6 effect on the first day following 60 calendar days of 

7 continuous session of Congress, beginning on the 

8 date on which the plan is submitted, or a later date 

9 as may be provided by the plan, unless Congress en10 acts a joint resolution rejecting the reorganization 

11 plan. 

12 (2) SUSPENSION OF SECTION.—This Act shall 

13 be valid for all intents and purposes notwithstanding 

14 section 905(b) of title 5, United States Code. 

15 (c) REORGANIZATION.—Unless the reorganization 

16 plan is rejected as provided in subsection (b), those execu17 tive agencies recommended for realignment or closure in 

18 the reorganization plan shall be realigned or closed begin19 ning as soon as practicable after the effective date of the 

20 reorganization plan, and completed within three years 

21 after the effective date. 

22 SEC. 8. TERMINATION. 

23 The Commission shall terminate at the end of the 30- 

24 day period beginning on the effective date of the reorgaVerDate Nov 24 2008 23:56 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H443.IH H443

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1 nization plan or the date a joint resolution rejecting the 

2 reorganization plan is enacted. 

3 SEC. 9. FUNDING AND SUPPORT. 

4 The Commission shall be funded, staffed, and 

5 equipped without cost to the Federal Government. To ac6 complish this objective, the Secretary of Commerce shall 

7 engage in a joint project with a nonprofit organization in 

8 accordance with the first section of Public Law 91–412 

9 (15 U.S.C. 1525). 

Æ 


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