Federal Realignment and Closure Commission Act - Establishes the Federal Realignment and Closure Commission to assess the effectiveness and accountability of federal agency programs. Requires the Commission to: (1) evaluate all agencies and programs to eliminate duplicative functions and wasteful or inefficient spending or mismanagement; and (2) recommend the realignment or elimination of agencies or programs that have completed their intended purpose, have become irrelevant, or have failed to meet their objectives.
Requires the President to: (1) transmit to the Commission and to Congress a report containing the President's approval or disapproval of the Commission's plan and recommendations, and (2) eliminate or realign all agencies and programs pursuant to the Commission's recommendations approved by the President unless Congress enacts a resolution disapproving such recommendations.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2680 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2680
To establish a commission to conduct a comprehensive review of Federal
agencies and programs and to recommend the elimination or realignment
of duplicative, wasteful, or outdated functions, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2011
Mr. Fleming introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a commission to conduct a comprehensive review of Federal
agencies and programs and to recommend the elimination or realignment
of duplicative, wasteful, or outdated functions, and for other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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Realignment and Closure Commission Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Commission.
Sec. 4. Duties of the Commission.
Sec. 5. Powers of the Commission.
Sec. 6. Commission personnel matters.
Sec. 7. Termination of the Commission.
Sec. 8. Closure and realignment of agencies and programs.
Sec. 9. Congressional consideration of commission recommendations.
Sec. 10. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' under section 105 of title 5, United
States Code.
(2) Calendar day.--The term ``calendar day'' means a
calendar day other than one on which either House is not in
session because of an adjournment of more than three days to a
date certain.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Federal Realignment
and Closure Commission (hereafter in this Act referred to as the
``Commission'').
(b) Membership.--
(1) Number and appointment.--
(A) In general.--The Commission shall be composed
of 6 members appointed by the President as follows:
(i) One in consultation with the Speaker of
the House of Representatives.
(ii) One in consultation with the minority
leader of the House of Representatives.
(iii) One in consultation with the majority
leader of the Senate.
(iv) One in consultation with the minority
leader of the Senate.
(v) Two other members, who may not be of
the same political party.
(B) Ex officio members.--The President may appoint
up to 4 Members of Congress (up to 2 from each House)
as nonvoting ex officio members of the Commission.
(C) Chairman and vice chairman.--At the time the
President appoints individuals to the Commission under
this paragraph, the President shall designate 1 such
individual who shall serve as chairman and 1 such
individual who shall serve as vice chairman. The
chairman and vice chairman may not be of the same
political party.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Systematic Assessment of Programs by the Commission.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall establish a
systematic method for assessing the effectiveness and
accountability of agency programs in accordance with paragraph
(2) and divide the programs into three approximately equal
budgetary groupings based on the size of the budget and number
of personnel of the agency program.
(2) Method objectives.--The method established under
paragraph (1) shall--
(A) recognize different types of Federal programs;
(B) assess programs based on the achievement of
performance goals (as defined under section 1115(g)(4)
of title 31, United States Code);
(C) assess programs based in part on the adequacy
of the program's performance measures, financial
management, and other factors;
(D) assess programs based in part on whether the
program has fulfilled the legislative intent
surrounding the creation of the program, taking into
account any change in legislative intent during the
program's existence; and
(E) assess programs based in part on collaborative
analysis, with the program or agency, of program policy
and goals which may not fit into easily measurable
performance goals.
(3) Comptroller general recommendations.--The Comptroller
General of the United States shall--
(A) assist the Commission, to the extent requested,
in the Commission's evaluation of agencies and programs
under subsection (b)(1); and
(B) by no later than March 30 of each year in which
an evaluation is carried out under subsection (b)(1),
submit to the Commission a report containing the
Comptroller General's recommendations for the agencies
and programs that should be realigned or eliminated
within the grouping evaluated that year.
(b) Evaluation, Plan, and Recommendations.--
(1) Evaluation.--Subject to subsection (e), during each of
2012, 2013, and 2014, the Commission shall evaluate all
agencies, and programs within those agencies, in a grouping
identified in the assessment under subsection (a), with one
grouping evaluated each year over those three years, using the
criteria under paragraph (3). In carrying out the evaluation,
the Commission shall consider the report of the Comptroller
General submitted under subsection (a)(3).
(2) Plan and recommendations.--Not later than June 30 of a
year in which an evaluation is carried out under paragraph (1),
the Commission shall, with respect to the evaluation carried
out during that year, submit to the President and Congress a
plan with recommendations of the agencies and programs that
should be realigned or eliminated within the grouping evaluated
that year.
(3) Criteria.--
(A) Duplicative.--If 2 or more agencies or programs
are performing the same essential function and the
function can be consolidated or streamlined into a
single agency or program, the Commission shall
recommend that the agencies or programs be realigned.
(B) Wasteful or inefficient.--The Commission may
recommend the realignment or elimination of any agency
or program that has wasted Federal funds by--
(i) egregious spending;
(ii) mismanagement of resources and
personnel; or
(iii) use of such funds for personal
benefit or the benefit of a special interest
group.
(C) Outdated, irrelevant, or failed.--The
Commission shall recommend the elimination of any
agency or program that--
(i) has completed its intended purpose;
(ii) has become irrelevant; or
(iii) has failed to meet its objectives.
(4) Relocation of federal employees.--The plan under
paragraph (2) shall provide that if the position of an employee
of an agency is eliminated as a result of the implementation of
the plan, the affected agency shall make reasonable efforts to
relocate such employee to another position within the agency or
within another Federal agency.
(5) Use of savings.--The plan under paragraph (2) shall
provide that all funds saved by the implementation of the plan
shall be used for deficit reduction.
(6) Information to members of congress.--After June 30 of
each year in which the Commission submits a plan and
recommendations to the President and Congress under this
subsection, the Commission shall promptly provide, upon
request, to any Member of Congress information used by the
Commission in making its recommendations.
(c) Consideration of Suggestions From Public Through Web Site.--In
carrying out its duties under this Act, the Commission shall--
(1) establish a Web site for the purpose of allowing any
member of the public to submit suggestions to the Commission
for its consideration; and
(2) consider each such suggestion submitted through the Web
site.
(d) Review by the President.--
(1) The President shall, by no later than August 15 of a
year in which the Commission carries out an evaluation under
subsection (b)(1), transmit to the Commission and to Congress a
report containing the President's approval or disapproval of
the Commission's plan and recommendations.
(2) If the President approves all the plan and
recommendations of the Commission, the President shall transmit
a copy of such plan and recommendations to Congress, together
with a certification of such approval.
(3) If the President disapproves the plan and
recommendations of the Commission, in whole or in part, the
President shall transmit to the Commission and Congress the
reasons for that disapproval. The Commission shall then
transmit to the President, by no later than September 15 of the
year in which the evaluation was carried out, a revised list of
recommendations for the closure or realignment of agencies and
programs.
(4) If the President approves all of the revised plan and
recommendations of the Commission transmitted to the President
under paragraph (3), the President shall transmit a copy of
such revised plan and recommendations to Congress, together
with a certification of such approval.
(5) If the President does not transmit to Congress an
approval and certification described in paragraph (2) or (4) by
October 15 of any year in which the Commission has transmitted
its plan and recommendations to the President under this
section, the process by which agencies and programs may be
selected for realignment or elimination under this Act with
respect to that year shall be terminated.
(e) Carryforward of Grouping and Evaluation.--If the process by
which agencies and programs may be selected for realignment or
elimination under this Act with respect to a year is terminated under
subsection (d)(5)--
(1) if the termination occurs in 2012 or 2013, the grouping
of agencies and programs evaluated that year shall be included
in the grouping evaluated under subsection (b)(1) in the
following year; and
(2) if the termination occurs in 2014, the grouping of
agencies and programs evaluated that year shall be subject
again during the next year to the process by which agencies and
programs may be selected for realignment or elimination under
this Act as provided in this section.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose
of carrying out this Act--
(A) hold such hearings, sit and act at such times
and places, take such testimony, receive such evidence,
and administer such oaths as any member of the
Commission considers advisable;
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses as any
member of the Commission considers advisable; and
(C) require, by subpoena or otherwise, the
production of such books, records, correspondence,
memoranda, papers, documents, tapes, and other
evidentiary materials relating to any matter under
investigation by the Commission.
(2) Members of congress.--Any member of Congress may
testify before the Commission or attend any proceedings or
deliberations of the Commission.
(3) Testimony under oath.--All testimony before the
Commission shall be under oath.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (a) shall
bear the signature of the chairman of the Commission and shall
be served by any person or class of persons designated by the
chairman for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, may
issue an order requiring such person to appear at any
designated place to testify or to produce documentary or other
evidence. Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the chairman of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal members.--Except as provided under
subsection (b), each member of the Commission who is not an
officer or employee of the Federal Government shall not be
compensated.
(2) Federal officers or employees.--All members of the
Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--Upon the approval of the chairman, the
executive director may fix the compensation of the executive
director and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the maximum rate
payable for a position at GS-15 of the General Schedule under
section 5332 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Security Clearance.--As a condition of appointment to or
employment with the Commission, the members and staff of the Commission
shall hold appropriate security clearances for access to any classified
briefing, records, and materials that may be reviewed by the Commission
or its staff and shall follow the guidance and practices on security
under applicable Executive orders and agency directives.
(f) Library of Congress.--Upon the request of the Commission, the
Librarian of Congress shall provide to the Commission, on a
reimbursable basis, administrative support services, research services,
and research staff necessary for the Commission to carry out its
responsibilities under this Act.
(g) Procurement of Temporary and Intermittent Services.--The
chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 120 days after the date on which the
Commission submits the final plan and recommendations under section
3(b).
SEC. 8. CLOSURE AND REALIGNMENT OF AGENCIES AND PROGRAMS.
(a) In General.--Subject to subsection (b), the President shall--
(1) eliminate all agencies and programs recommended for
elimination by the Commission in each report submitted to
Congress by the President under section 3(d);
(2) realign all agencies and programs recommended for
realignment by such Commission in each such report;
(3) initiate all such eliminations and realignments no
later than 2 years after the date on which the President
submits a report to Congress under section 3(d) containing the
recommendations for such eliminations or realignments; and
(4) complete all such eliminations and realignments no
later than the end of the 6-year period beginning on the date
on which the President submits the report under section 3(d)
containing the recommendations for such closures or
realignments.
(b) Congressional Disapproval.--
(1) The President may not carry out any elimination or
realignment recommended in a report submitted by the President
pursuant to section 3(d) if a joint resolution is enacted, in
accordance with the provisions of section 9, disapproving such
recommendations before the earlier of--
(A) the end of the 45-day period beginning on the
date on which the President submits such report; or
(B) the adjournment of Congress sine die for the
session during which such report is submitted.
(2) For purposes of paragraph (1) of this subsection and
subsections (a) and (c) of section 9, the days on which either
House of Congress is not in session because of adjournment of
more than 3 days to a day certain shall be excluded in the
computation of a period.
SEC. 9. CONGRESSIONAL CONSIDERATION OF COMMISSION RECOMMENDATIONS.
(a) Terms of the Resolution.--For purposes of section 8(b), the
term ``joint resolution'' means only a joint resolution which is
introduced within the 10-day period beginning on the date on which the
President submits the report to Congress under section 3(d), and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress disapproves the recommendations of the
Federal Realignment and Closure Commission as submitted by the
President on'', the blank space being filled in with the
appropriate date; and
(3) the title of which is as follows: ``Joint resolution
disapproving the recommendations of the Federal Realignment and
Closure Commission.''.
(b) Referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on Oversight and Government Reform of the House of
Representatives. A resolution described in subsection (a) introduced in
the Senate shall be referred to the Committee on Homeland Security and
Governmental Affairs of the Senate.
(c) Discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such a resolution (or an
identical resolution) by the end of the 20-day period beginning on the
date on which the President submits the report to Congress under
section 3(d), such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the House
involved.
(d) Consideration.--
(1) On or after the third day after the date on which the
committee to which such a resolution is referred has reported,
or has been discharged (under subsection (c)) from further
consideration of, such a resolution, it is in order (even
though a previous motion to the same effect has been disagreed
to) for any Member of the respective House to move to proceed
to the consideration of the resolution. A member may make the
motion only on the day after the calendar day on which the
Member announces to the House concerned the Member's intention
to make the motion, except that, in the case of the House of
Representatives, the motion may be made without such prior
announcement if the motion is made by direction of the
committee to which the resolution was referred. The motion is
highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is
not subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. 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 resolution is agreed to, the
respective House shall immediately proceed to consideration of
the joint resolution without intervening motion, order, or
other business, and the resolution shall remain the unfinished
business of the respective House until disposed of.
(2) Debate on the resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not
more than 2 hours, which shall be divided equally between those
favoring and those opposing the resolution. An amendment to the
resolution is not in order. A motion further to limit debate is
in order and not debatable. A motion to postpone, or a motion
to proceed to the consideration of other business, or a motion
to recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a
resolution described in subsection (a) and a single quorum call
at the conclusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final passage
of the resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating
to a resolution described in subsection (a) shall be decided
without debate.
(e) Consideration by Other House.--
(1) If, before the passage by one House of a resolution of
that House described in subsection (a), that House receives
from the other House a resolution described in subsection (a),
then the following procedures shall apply--
(A) the resolution of the other House shall not be
referred to a committee and may not be considered in
the House receiving it except in the case of final
passage as provided in subparagraph (B)(ii); and
(B) with respect to a resolution described in
subsection (a) of the House receiving the resolution
(i) the procedure in that House shall be the same as if
no resolution had been received from the other House;
but (ii) the vote on final passage shall be on the
resolution of the other House.
(2) Upon disposition of the resolution received from the
other House, it shall no longer be in order to consider the
resolution that originated in the receiving House.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2012 through 2015 for carrying out
this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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