Realign and Eliminate Duplicative Unnecessary Costly Excess in Government Act of 2014 or the REDUCE Government Act - Establishes the Federal Realignment and Closure Commission, which shall: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs, excluding Department of Defense (DOD) programs; (2) divide the programs into three approximately equal budgetary groupings; (3) assess the effectiveness and accountability of all programs within a grouping in each of 2015, 2017, and 2019; and (4) by June 30 of each such year, submit a plan with recommendations of the agencies and programs that should be realigned or eliminated within the grouping assessed.
Requires the Commission to recommend: (1) the realignment of agencies or programs that are performing the same essential function that can be consolidated or streamlined into a single agency or program; and (2) the elimination of agencies or programs that have completed their intended purpose, have become irrelevant, or have failed to meet their objectives. Authorizes the Commission to recommend the realignment or elimination of any agency or program that has wasted federal funds by: (1) spending funds on items outside its authorized mission, (2) mismanaging resources and personnel, or (3) using such funds for personal benefit or the benefit of a special interest group.
Requires the President: (1) by August 15 of each such year, to transmit a report containing the President's approval or disapproval of the Commission's plan and recommendations; (2) to transmit a copy of an approved plan and recommendations to Congress; and (3) to eliminate or realign agencies and programs pursuant to such recommendations unless Congress enacts a resolution disapproving them.
Requires funds saved by implementation of such plan to be used for deficit reduction.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5799 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5799
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of duplicative, wasteful, or outdated functions, and for other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
December 4, 2014
Mr. Fleming introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committees on Rules and Appropriations, 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 ``Realign and
Eliminate Duplicative Unnecessary Costly Excess in Government Act of
2014'' or the ``REDUCE Government 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. Offsetting rescissions.
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.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, each territory or possession
of the United States, and each federally recognized Indian
tribe.
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.--The Commission shall be
composed of 9 members, appointed by the President by and with
the advice and consent of the Senate as follows:
(A) Two in consultation with the Speaker of the
House of Representatives.
(B) One in consultation with the minority leader of
the House of Representatives.
(C) Two in consultation with the majority leader of
the Senate.
(D) One in consultation with the minority leader of
the Senate.
(2) Member restriction.--A member of the Commission may not
be a sitting Member of Congress or a current employee of the
executive branch.
(3) 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.--Except as provided in paragraph (4), 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(h)(9)
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.
(4) Department of defense exemption.--The Commission shall
not consider Department of Defense programs.
(b) Evaluation, Plan, and Recommendations.--
(1) Evaluation.--Subject to subsection (e), during each of
2015, 2017, and 2019 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.--
(A) In general.--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.
(B) Implementation description required.--The plan
described in subparagraph (A) shall include a detailed
description of the actions necessary to implement the
plan and complete the reorganization, including a
projected timetable for completion of the
implementation process.
(C) Plan approval.--The plan must be approved by at
least 5 members of the Commission.
(3) Criteria.--
(A) In general.--The Commission shall evaluate the
efficiency and public need for each agency using the
following criteria:
(i) The effectiveness, and the efficiency
of the operation of, the programs carried out
by each such agency.
(ii) Whether the programs carried out by
the agency are cost effective.
(iii) Whether the agency or program has
acted outside the scope of its original
authority, and whether the original objectives
of the agency have been achieved.
(iv) The extent to which the jurisdiction
of, and the programs administered by, the
agency duplicate or conflict with the
jurisdiction and programs of other agencies.
(v) The potential benefits of consolidating
programs administered by the agency with
similar or duplicative programs of other
agencies, and the potential for consolidating
such programs.
(vi) The extent to which the agency has
complied with the applicable provisions
contained in sections 1115, 1116, 1120, 1121,
1123, and 1124 of title 31, United States Code,
and section 306 of title 5, United States Code,
as well as recommendations contained in the
reports required by such sections.
(vii) The extent to which State and local
governments already collect information or
perform services conducted by the Federal
program or agency.
(B) 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.
(C) Wasteful or inefficient.--The Commission may
recommend the realignment or elimination of any agency
or program that has wasted Federal funds by--
(i) spending funds on items outside the
authorized mission or purpose of the agency or
program;
(ii) mismanagement of resources and
personnel; or
(iii) use of such funds for personal
benefit or the benefit of a special interest
group.
(D) Outdated, irrelevant, or failed.--The
Commission shall recommend the elimination of any
agency or program that--
(i) has completed its intended purpose, if
such purpose is defined under the law;
(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.--All funds saved by the implementation
of the plan shall be used for deficit reduction.
(6) Limitation on recommendations in plan.--The plan under
paragraph (2)--
(A) may not recommend the creation of a new agency,
unless such agency is the result of a consolidation of
existing agencies, the result of such consolidation
producing an overall reduction in amounts provided in
annual appropriations Acts and the number of personnel;
(B) may recommend the removal of part of an agency
from an agency; and
(C) may not recommend--
(i) continuing an agency beyond the period
authorized by law for its existence or beyond
the time when it would have terminated if the
realignment had not been made;
(ii) continuing a function beyond the
period authorized by law for its exercise or
beyond the time when it would have terminated
if the realignment had not been made;
(iii) authorizing an agency to exercise a
function which is not expressly authorized by
law at the time the plan is transmitted to
Congress;
(iv) increasing the term of an office
beyond that provided by law for the office;
(v) the consolidation or realignment of any
entity outside of the executive branch,
including moving an agency outside the
executive branch; or
(vi) the modification of any funding that
is not an appropriation.
(7) 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 Website.--In
carrying out its duties under this Act, the Commission shall--
(1) establish a website 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
website.
(d) Review by the President.--
(1) Evaluation required.--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) Approval of plan.--The President may approve the plan
and recommendations of the Commission if the President finds
that the plan is in accordance with the criteria and limitation
described in paragraphs (3) and (6) of subsection (b),
respectively. 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) Disapproval of plan.--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) Approval of revised plan.--If the President finds that
the revised plan is in accordance with the criteria and
limitation described in paragraphs (3) and (6) of subsection
(b), respectively, and 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) Termination of assessment.--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) if the termination occurs in 2015 or 2017, the
grouping of agencies and programs evaluated that year shall be included
in the grouping evaluated under subsection (b)(1) in the next year an
evaluation is conducted.
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) 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 employees.--All members of the Commission who
are employees of the United States shall serve without
compensation in addition to that received for their services as
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 4(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 4(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 4(d)
containing the recommendations for such closures or
realignments.
(b) Congressional Disapproval.--
(1) In general.--The President may not carry out any
elimination or realignment recommended in a report submitted by
the President under section 4(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) Computation of days.--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 4(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 4(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) In general.--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.--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) Vote on final passage.--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 on decisions by the chair.--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) Disposition of resolution.--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) Not in order to consider other resolution.--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. OFFSETTING RESCISSIONS.
Of the unobligated balance of funds available for each of the
following accounts, $3,000,000 is rescinded from each such account:
(1) ``Department of Health and Human Services--Office of
the Secretary--General Departmental Management''.
(2) ``Agricultural Programs--Departmental Administration''.
(3) ``Department of Education--Departmental Management--
Program Administration''.
(4) ``Department of Housing and Urban Development--
Management and Administration--Administration, Operations, and
Management''.
(5) ``Department of the Interior--Departmental Offices--
Office of the Secretary--Departmental Operations''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Rules, and Appropriations, 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 Committees on Rules, and Appropriations, 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 Committees on Rules, and Appropriations, 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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