[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    of duplicative, wasteful, or outdated functions, and for other 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    of duplicative, wasteful, or outdated functions, and for other 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>