I 

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of duplicative, wasteful, or outdated functions, and for other purposes.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or outdated functions, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Realign and Eliminate Duplicative Unnecessary Costly 

6 Excess in Government Act of 2014’’ or the ‘‘REDUCE 

7 Government Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 5799 IH

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) AGENCY.—The term ‘‘agency’’ has the 

6 meaning given the term ‘‘Executive agency’’ under 

7 section 105 of title 5, United States Code. 

8 (2) CALENDAR DAY.—The term ‘‘calendar day’’ 

9 means a calendar day other than one on which ei10 ther House is not in session because of an adjourn11 ment of more than three days to a date certain. 

12 (3) STATE.—The term ‘‘State’’ means each of 

13 the several States, the District of Columbia, each 

14 territory or possession of the United States, and 

15 each federally recognized Indian tribe. 

16 SEC. 3. ESTABLISHMENT OF COMMISSION. 

17 (a) ESTABLISHMENT.—There is established the Fed18 eral Realignment and Closure Commission (hereafter in 

19 this Act referred to as the ‘‘Commission’’). 

20 (b) MEMBERSHIP.— 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 5799 IH

1 (1) NUMBER AND APPOINTMENT.—The Com2 mission shall be composed of 9 members, appointed 

3 by the President by and with the advice and consent 

4 of the Senate as follows: 

5 (A) Two in consultation with the Speaker 

6 of the House of Representatives. 

7 (B) One in consultation with the minority 

8 leader of the House of Representatives. 

9 (C) Two in consultation with the majority 

10 leader of the Senate. 

11 (D) One in consultation with the minority 

12 leader of the Senate. 

13 (2) MEMBER RESTRICTION.—A member of the 

14 Commission may not be a sitting Member of Con15 gress or a current employee of the executive branch. 

16 (3) CHAIRMAN AND VICE CHAIRMAN.—At the 

17 time the President appoints individuals to the Com18 mission under this paragraph, the President shall 

19 designate 1 such individual who shall serve as chair20 man and 1 such individual who shall serve as vice 

21 chairman. The chairman and vice chairman may not 

22 be of the same political party. 

23 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem24 bers shall be appointed for the life of the Commission. Any 

25 vacancy in the Commission shall not affect its powers, but 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 5799 IH

1 shall be filled in the same manner as the original appoint2 ment. 

3 (d) INITIAL MEETING.—Not later than 30 days after 

4 the date on which all members of the Commission have 

5 been appointed, the Commission shall hold its first meet6 ing. 

7 (e) MEETINGS.—The Commission shall meet at the 

8 call of the chairman. 

9 (f) QUORUM.—A majority of the members of the 

10 Commission shall constitute a quorum, but a lesser num11 ber of members may hold hearings. 

12 SEC. 4. DUTIES OF THE COMMISSION. 

13 (a) SYSTEMATIC ASSESSMENT OF PROGRAMS BY THE

14 COMMISSION.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (4), not later than 180 days after the date of 

17 enactment of this Act, the Commission shall estab18 lish a systematic method for assessing the effective19 ness and accountability of agency programs in ac20 cordance with paragraph (2) and divide the pro21 grams into three approximately equal budgetary 

22 groupings based on the size of the budget and num23 ber of personnel of the agency program. 

24 (2) METHOD OBJECTIVES.—The method estab25 lished under paragraph (1) shall— 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 5799 IH

1 (A) recognize different types of Federal 

2 programs; 

3 (B) assess programs based on the achieve4 ment of performance goals (as defined under 

5 section 1115(h)(9) of title 31, United States 

6 Code); 

7 (C) assess programs based in part on the 

8 adequacy of the program’s performance meas9 ures, financial management, and other factors; 

10 (D) assess programs based in part on 

11 whether the program has fulfilled the legislative 

12 intent surrounding the creation of the program, 

13 taking into account any change in legislative in14 tent during the program’s existence; and 

15 (E) assess programs based in part on col16 laborative analysis, with the program or agency, 

17 of program policy and goals which may not fit 

18 into easily measurable performance goals. 

19 (3) COMPTROLLER GENERAL RECOMMENDA20 TIONS.—The Comptroller General of the United 

21 States shall— 

22 (A) assist the Commission, to the extent 

23 requested, in the Commission’s evaluation of 

24 agencies and programs under subsection (b)(1); 

25 and 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 5799 IH

1 (B) by no later than March 30 of each 

2 year in which an evaluation is carried out under 

3 subsection (b)(1), submit to the Commission a 

4 report containing the Comptroller General’s rec5 ommendations for the agencies and programs 

6 that should be realigned or eliminated within 

7 the grouping evaluated that year. 

8 (4) DEPARTMENT OF DEFENSE EXEMPTION.— 

9 The Commission shall not consider Department of 

10 Defense programs. 

11 (b) EVALUATION, PLAN, AND RECOMMENDATIONS.— 

12 (1) EVALUATION.—Subject to subsection (e), 

13 during each of 2015, 2017, and 2019 the Commis14 sion shall evaluate all agencies, and programs within 

15 those agencies, in a grouping identified in the as16 sessment under subsection (a), with one grouping 

17 evaluated each year over those three years, using the 

18 criteria under paragraph (3). In carrying out the 

19 evaluation, the Commission shall consider the report 

20 of the Comptroller General submitted under sub21 section (a)(3). 

22 (2) PLAN AND RECOMMENDATIONS.— 

23 (A) IN GENERAL.—Not later than June 30 

24 of a year in which an evaluation is carried out 

25 under paragraph (1), the Commission shall, 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 5799 IH

1 with respect to the evaluation carried out dur2 ing that year, submit to the President and Con3 gress a plan with recommendations of the agen4 cies and programs that should be realigned or 

5 eliminated within the grouping evaluated that 

6 year. 

7 (B) IMPLEMENTATION DESCRIPTION RE8 QUIRED.—The plan described in subparagraph 

9 (A) shall include a detailed description of the 

10 actions necessary to implement the plan and 

11 complete the reorganization, including a pro12 jected timetable for completion of the imple13 mentation process. 

14 (C) PLAN APPROVAL.—The plan must be 

15 approved by at least 5 members of the Commis16 sion. 

17 (3) CRITERIA.— 

18 (A) IN GENERAL.—The Commission shall 

19 evaluate the efficiency and public need for each 

20 agency using the following criteria: 

21 (i) The effectiveness, and the effi22 ciency of the operation of, the programs 

23 carried out by each such agency. 

24 (ii) Whether the programs carried out 

25 by the agency are cost effective. 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 5799 IH

1 (iii) Whether the agency or program 

2 has acted outside the scope of its original 

3 authority, and whether the original objec4 tives of the agency have been achieved. 

5 (iv) The extent to which the jurisdic6 tion of, and the programs administered by, 

7 the agency duplicate or conflict with the 

8 jurisdiction and programs of other agen9 cies. 

10 (v) The potential benefits of consoli11 dating programs administered by the agen12 cy with similar or duplicative programs of 

13 other agencies, and the potential for con14 solidating such programs. 

15 (vi) The extent to which the agency 

16 has complied with the applicable provisions 

17 contained in sections 1115, 1116, 1120, 

18 1121, 1123, and 1124 of title 31, United 

19 States Code, and section 306 of title 5, 

20 United States Code, as well as rec21 ommendations contained in the reports re22 quired by such sections. 

23 (vii) The extent to which State and 

24 local governments already collect informaVerDate Sep 11 2014 02:58 Dec 06, 2014 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H5799.IH H5799

emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 5799 IH

1 tion or perform services conducted by the 

2 Federal program or agency. 

3 (B) DUPLICATIVE.—If 2 or more agencies 

4 or programs are performing the same essential 

5 function and the function can be consolidated 

6 or streamlined into a single agency or program, 

7 the Commission shall recommend that the agen8 cies or programs be realigned. 

9 (C) WASTEFUL OR INEFFICIENT.—The 

10 Commission may recommend the realignment or 

11 elimination of any agency or program that has 

12 wasted Federal funds by— 

13 (i) spending funds on items outside 

14 the authorized mission or purpose of the 

15 agency or program; 

16 (ii) mismanagement of resources and 

17 personnel; or 

18 (iii) use of such funds for personal 

19 benefit or the benefit of a special interest 

20 group. 

21 (D) OUTDATED, IRRELEVANT, OR

22 FAILED.—The Commission shall recommend 

23 the elimination of any agency or program 

24 that— 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 5799 IH

1 (i) has completed its intended pur2 pose, if such purpose is defined under the 

3 law; 

4 (ii) has become irrelevant; or 

5 (iii) has failed to meet its objectives. 

6 (4) RELOCATION OF FEDERAL EMPLOYEES.— 

7 The plan under paragraph (2) shall provide that if 

8 the position of an employee of an agency is elimi9 nated as a result of the implementation of the plan, 

10 the affected agency shall make reasonable efforts to 

11 relocate such employee to another position within 

12 the agency or within another Federal agency. 

13 (5) USE OF SAVINGS.—All funds saved by the 

14 implementation of the plan shall be used for deficit 

15 reduction. 

16 (6) LIMITATION ON RECOMMENDATIONS IN

17 PLAN.—The plan under paragraph (2)— 

18 (A) may not recommend the creation of a 

19 new agency, unless such agency is the result of 

20 a consolidation of existing agencies, the result 

21 of such consolidation producing an overall re22 duction in amounts provided in annual appro23 priations Acts and the number of personnel; 

24 (B) may recommend the removal of part of 

25 an agency from an agency; and 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 5799 IH

1 (C) may not recommend— 

2 (i) continuing an agency beyond the 

3 period authorized by law for its existence 

4 or beyond the time when it would have ter5 minated if the realignment had not been 

6 made; 

7 (ii) continuing a function beyond the 

8 period authorized by law for its exercise or 

9 beyond the time when it would have termi10 nated if the realignment had not been 

11 made; 

12 (iii) authorizing an agency to exercise 

13 a function which is not expressly author14 ized by law at the time the plan is trans15 mitted to Congress; 

16 (iv) increasing the term of an office 

17 beyond that provided by law for the office; 

18 (v) the consolidation or realignment of 

19 any entity outside of the executive branch, 

20 including moving an agency outside the ex21 ecutive branch; or 

22 (vi) the modification of any funding 

23 that is not an appropriation. 

24 (7) INFORMATION TO MEMBERS OF CON25 GRESS.—After June 30 of each year in which the 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•HR 5799 IH

1 Commission submits a plan and recommendations to 

2 the President and Congress under this subsection, 

3 the Commission shall promptly provide, upon re4 quest, to any Member of Congress information used 

5 by the Commission in making its recommendations. 

6 (c) CONSIDERATION OF SUGGESTIONS FROM PUBLIC

7 THROUGH WEBSITE.—In carrying out its duties under 

8 this Act, the Commission shall— 

9 (1) establish a website for the purpose of allow10 ing any member of the public to submit suggestions 

11 to the Commission for its consideration; and 

12 (2) consider each such suggestion submitted 

13 through the website. 

14 (d) REVIEW BY THE PRESIDENT.— 

15 (1) EVALUATION REQUIRED.—The President 

16 shall, by no later than August 15 of a year in which 

17 the Commission carries out an evaluation under sub18 section (b)(1), transmit to the Commission and to 

19 Congress a report containing the President’s ap20 proval or disapproval of the Commission’s plan and 

21 recommendations. 

22 (2) APPROVAL OF PLAN.—The President may 

23 approve the plan and recommendations of the Com24 mission if the President finds that the plan is in ac25 cordance with the criteria and limitation described in 


emcdonald on DSK67QTVN1PROD with BILLS
13 

•HR 5799 IH

1 paragraphs (3) and (6) of subsection (b), respec2 tively. If the President approves all the plan and rec3 ommendations of the Commission, the President 

4 shall transmit a copy of such plan and recommenda5 tions to Congress, together with a certification of 

6 such approval. 

7 (3) DISAPPROVAL OF PLAN.—If the President 

8 disapproves the plan and recommendations of the 

9 Commission, in whole or in part, the President shall 

10 transmit to the Commission and Congress the rea11 sons for that disapproval. The Commission shall 

12 then transmit to the President, by no later than 

13 September 15 of the year in which the evaluation 

14 was carried out, a revised list of recommendations 

15 for the closure or realignment of agencies and pro16 grams. 

17 (4) APPROVAL OF REVISED PLAN.—If the 

18 President finds that the revised plan is in accord19 ance with the criteria and limitation described in 

20 paragraphs (3) and (6) of subsection (b), respec21 tively, and approves all of the revised plan and rec22 ommendations of the Commission transmitted to the 

23 President under paragraph (3), the President shall 

24 transmit a copy of such revised plan and recVerDate Sep 11 2014 02:58 Dec 06, 2014 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H5799.IH H5799

emcdonald on DSK67QTVN1PROD with BILLS
14 

•HR 5799 IH

1 ommendations to Congress, together with a certifi2 cation of such approval. 

3 (5) TERMINATION OF ASSESSMENT.—If the 

4 President does not transmit to Congress an approval 

5 and certification described in paragraph (2) or (4) 

6 by October 15 of any year in which the Commission 

7 has transmitted its plan and recommendations to the 

8 President under this section, the process by which 

9 agencies and programs may be selected for realign10 ment or elimination under this Act with respect to 

11 that year shall be terminated. 

12 (e) CARRYFORWARD OF GROUPING AND EVALUA13 TION.—If the process by which agencies and programs 

14 may be selected for realignment or elimination under this 

15 Act with respect to a year is terminated under subsection 

16 (d)(5) if the termination occurs in 2015 or 2017, the 

17 grouping of agencies and programs evaluated that year 

18 shall be included in the grouping evaluated under sub19 section (b)(1) in the next year an evaluation is conducted. 

20 SEC. 5. POWERS OF THE COMMISSION. 

21 (a) HEARINGS.— 

22 (1) IN GENERAL.—The Commission or, at its 

23 direction, any subcommittee or member of the Com24 mission, may, for the purpose of carrying out this 

25 Act— 


emcdonald on DSK67QTVN1PROD with BILLS
15 

•HR 5799 IH

1 (A) hold such hearings, sit and act at such 

2 times and places, take such testimony, receive 

3 such evidence, and administer such oaths as 

4 any member of the Commission considers advis5 able; 

6 (B) require, by subpoena or otherwise, the 

7 attendance and testimony of such witnesses as 

8 any member of the Commission considers advis9 able; and 

10 (C) require, by subpoena or otherwise, the 

11 production of such books, records, correspond12 ence, memoranda, papers, documents, tapes, 

13 and other evidentiary materials relating to any 

14 matter under investigation by the Commission. 

15 (2) TESTIMONY UNDER OATH.—All testimony 

16 before the Commission shall be under oath. 

17 (b) ISSUANCE AND ENFORCEMENT OF SUB18 POENAS.— 

19 (1) ISSUANCE.—Subpoenas issued under sub20 section (a) shall bear the signature of the chairman 

21 of the Commission and shall be served by any person 

22 or class of persons designated by the chairman for 

23 that purpose. 

24 (2) ENFORCEMENT.—In the case of contumacy 

25 or failure to obey a subpoena issued under subVerDate Sep 11 2014 02:58 Dec 06, 2014 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H5799.IH H5799

emcdonald on DSK67QTVN1PROD with BILLS
16 

•HR 5799 IH

1 section (a), the United States district court for the 

2 judicial district in which the subpoenaed person re3 sides, is served, or may be found, may issue an order 

4 requiring such person to appear at any designated 

5 place to testify or to produce documentary or other 

6 evidence. Any failure to obey the order of the court 

7 may be punished by the court as a contempt of that 

8 court. 

9 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

10 Commission may secure directly from any Federal depart11 ment or agency such information as the Commission con12 siders necessary to carry out this Act. Upon request of 

13 the chairman of the Commission, the head of such depart14 ment or agency shall furnish such information to the Com15 mission. 

16 (d) POSTAL SERVICES.—The Commission may use 

17 the United States mails in the same manner and under 

18 the same conditions as other departments and agencies of 

19 the Federal Government. 

20 SEC. 6. COMMISSION PERSONNEL MATTERS. 

21 (a) COMPENSATION OF MEMBERS.— 

22 (1) NON-FEDERAL MEMBERS.—Except as pro23 vided under subsection (b), each member of the 

24 Commission who is not an officer or employee of the 

25 Federal Government shall not be compensated. 


emcdonald on DSK67QTVN1PROD with BILLS
17 

•HR 5799 IH

1 (2) FEDERAL EMPLOYEES.—All members of the 

2 Commission who are employees of the United States 

3 shall serve without compensation in addition to that 

4 received for their services as employees of the United 

5 States. 

6 (b) TRAVEL EXPENSES.—The members of the Com7 mission shall be allowed travel expenses, including per 

8 diem in lieu of subsistence, at rates authorized for employ9 ees of agencies under subchapter I of chapter 57 of title 

10 5, United States Code, while away from their homes or 

11 regular places of business in the performance of services 

12 for the Commission. 

13 (c) STAFF.— 

14 (1) IN GENERAL.—The chairman of the Com15 mission may, without regard to the civil service laws 

16 and regulations, appoint and terminate an executive 

17 director and such other additional personnel as may 

18 be necessary to enable the Commission to perform 

19 its duties. The employment of an executive director 

20 shall be subject to confirmation by the Commission. 

21 (2) COMPENSATION.—Upon the approval of the 

22 chairman, the executive director may fix the com23 pensation of the executive director and other per24 sonnel without regard to chapter 51 and subchapter 

25 III of chapter 53 of title 5, United States Code, reVerDate Sep 11 2014 02:58 Dec 06, 2014 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H5799.IH H5799

emcdonald on DSK67QTVN1PROD with BILLS
18 

•HR 5799 IH

1 lating to classification of positions and General 

2 Schedule pay rates, except that the rate of pay for 

3 the executive director and other personnel may not 

4 exceed the maximum rate payable for a position at 

5 GS–15 of the General Schedule under section 5332 

6 of such title. 

7 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

8 (A) IN GENERAL.—The executive director 

9 and any personnel of the Commission who are 

10 employees shall be employees under section 

11 2105 of title 5, United States Code, for pur12 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

13 and 90 of that title. 

14 (B) MEMBERS OF COMMISSION.—Subpara15 graph (A) shall not be construed to apply to 

16 members of the Commission. 

17 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

18 Federal Government employee may be detailed to the 

19 Commission without reimbursement, and such detail shall 

20 be without interruption or loss of civil service status or 

21 privilege. 

22 (e) SECURITY CLEARANCE.—As a condition of ap23 pointment to or employment with the Commission, the 

24 members and staff of the Commission shall hold appro25 priate security clearances for access to any classified briefVerDate Sep 11 2014 02:58 Dec 06, 2014 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H5799.IH H5799

emcdonald on DSK67QTVN1PROD with BILLS
19 

•HR 5799 IH

1 ing, records, and materials that may be reviewed by the 

2 Commission or its staff and shall follow the guidance and 

3 practices on security under applicable Executive orders 

4 and agency directives. 

5 (f) LIBRARY OF CONGRESS.—Upon the request of the 

6 Commission, the Librarian of Congress shall provide to 

7 the Commission, on a reimbursable basis, administrative 

8 support services, research services, and research staff nec9 essary for the Commission to carry out its responsibilities 

10 under this Act. 

11 (g) PROCUREMENT OF TEMPORARY AND INTERMIT12 TENT SERVICES.—The chairman of the Commission may 

13 procure temporary and intermittent services under section 

14 3109(b) of title 5, United States Code, at rates for individ15 uals which do not exceed the daily equivalent of the annual 

16 rate of basic pay prescribed for level V of the Executive 

17 Schedule under section 5316 of such title. 

18 SEC. 7. TERMINATION OF THE COMMISSION. 

19 The Commission shall terminate 120 days after the 

20 date on which the Commission submits the final plan and 

21 recommendations under section 3(b). 

22 SEC. 8. CLOSURE AND REALIGNMENT OF AGENCIES AND 

23 PROGRAMS. 

24 (a) IN GENERAL.—Subject to subsection (b), the 

25 President shall— 


emcdonald on DSK67QTVN1PROD with BILLS
20 

•HR 5799 IH

1 (1) eliminate all agencies and programs rec2 ommended for elimination by the Commission in 

3 each report submitted to Congress by the President 

4 under section 4(d); 

5 (2) realign all agencies and programs rec6 ommended for realignment by such Commission in 

7 each such report; 

8 (3) initiate all such eliminations and realign9 ments no later than 2 years after the date on which 

10 the President submits a report to Congress under 

11 section 4(d) containing the recommendations for 

12 such eliminations or realignments; and 

13 (4) complete all such eliminations and realign14 ments no later than the end of the 6-year period be15 ginning on the date on which the President submits 

16 the report under section 4(d) containing the rec17 ommendations for such closures or realignments. 

18 (b) CONGRESSIONAL DISAPPROVAL.— 

19 (1) IN GENERAL.—The President may not 

20 carry out any elimination or realignment rec21 ommended in a report submitted by the President 

22 under section 4(d) if a joint resolution is enacted, in 

23 accordance with the provisions of section 9, dis24 approving such recommendations before the earlier 

25 of— 


emcdonald on DSK67QTVN1PROD with BILLS
21 

•HR 5799 IH

1 (A) the end of the 45-day period beginning 

2 on the date on which the President submits 

3 such report; or 

4 (B) the adjournment of Congress sine die 

5 for the session during which such report is sub6 mitted. 

7 (2) COMPUTATION OF DAYS.—For purposes of 

8 paragraph (1) of this subsection and subsections (a) 

9 and (c) of section 9, the days on which either House 

10 of Congress is not in session because of adjournment 

11 of more than 3 days to a day certain shall be ex12 cluded in the computation of a period. 

13 SEC. 9. CONGRESSIONAL CONSIDERATION OF COMMISSION 

14 RECOMMENDATIONS. 

15 (a) TERMS OF THE RESOLUTION.—For purposes of 

16 section 8(b), the term ‘‘joint resolution’’ means only a 

17 joint resolution which is introduced within the 10-day pe18 riod beginning on the date on which the President submits 

19 the report to Congress under section 4(d), and— 

20 (1) which does not have a preamble; 

21 (2) the matter after the resolving clause of 

22 which is as follows: ‘‘That Congress disapproves the 

23 recommendations of the Federal Realignment and 

24 Closure Commission as submitted by the President 


emcdonald on DSK67QTVN1PROD with BILLS
22 

•HR 5799 IH

1 on llllllllll’’, the blank space being 

2 filled in with the appropriate date; and 

3 (3) the title of which is as follows: ‘‘Joint reso4 lution disapproving the recommendations of the Fed5 eral Realignment and Closure Commission.’’. 

6 (b) REFERRAL.—A resolution described in subsection 

7 (a) that is introduced in the House of Representatives 

8 shall be referred to the Committee on Oversight and Gov9 ernment Reform of the House of Representatives. A reso10 lution described in subsection (a) introduced in the Senate 

11 shall be referred to the Committee on Homeland Security 

12 and Governmental Affairs of the Senate. 

13 (c) DISCHARGE.—If the committee to which a resolu14 tion described in subsection (a) is referred has not re15 ported such a resolution (or an identical resolution) by the 

16 end of the 20-day period beginning on the date on which 

17 the President submits the report to Congress under sec18 tion 4(d), such committee shall be, at the end of such pe19 riod, discharged from further consideration of such resolu20 tion, and such resolution shall be placed on the appro21 priate calendar of the House involved. 

22 (d) CONSIDERATION.— 

23 (1) IN GENERAL.—On or after the third day 

24 after the date on which the committee to which such 

25 a resolution is referred has reported, or has been 


emcdonald on DSK67QTVN1PROD with BILLS
23 

•HR 5799 IH

1 discharged (under subsection (c)) from further con2 sideration of, such a resolution, it is in order (even 

3 though a previous motion to the same effect has 

4 been disagreed to) for any Member of the respective 

5 House to move to proceed to the consideration of the 

6 resolution. A Member may make the motion only on 

7 the day after the calendar day on which the Member 

8 announces to the House concerned the Member’s in9 tention to make the motion, except that, in the case 

10 of the House of Representatives, the motion may be 

11 made without such prior announcement if the mo12 tion is made by direction of the committee to which 

13 the resolution was referred. The motion is highly 

14 privileged in the House of Representatives and is 

15 privileged in the Senate and is not debatable. The 

16 motion is not subject to amendment, or to a motion 

17 to postpone, or to a motion to proceed to the consid18 eration of other business. A motion to reconsider the 

19 vote by which the motion is agreed to or disagreed 

20 to shall not be in order. If a motion to proceed to 

21 the consideration of the resolution is agreed to, the 

22 respective House shall immediately proceed to con23 sideration of the joint resolution without intervening 

24 motion, order, or other business, and the resolution 


emcdonald on DSK67QTVN1PROD with BILLS
24 

•HR 5799 IH

1 shall remain the unfinished business of the respec2 tive House until disposed of. 

3 (2) DEBATE.—Debate on the resolution, and on 

4 all debatable motions and appeals in connection 

5 therewith, shall be limited to not more than 2 hours, 

6 which shall be divided equally between those favoring 

7 and those opposing the resolution. An amendment to 

8 the resolution is not in order. A motion further to 

9 limit debate is in order and not debatable. A motion 

10 to postpone, or a motion to proceed to the consider11 ation of other business, or a motion to recommit the 

12 resolution is not in order. A motion to reconsider the 

13 vote by which the resolution is agreed to or dis14 agreed to is not in order. 

15 (3) VOTE ON FINAL PASSAGE.—Immediately 

16 following the conclusion of the debate on a resolu17 tion described in subsection (a) and a single quorum 

18 call at the conclusion of the debate if requested in 

19 accordance with the rules of the appropriate House, 

20 the vote on final passage of the resolution shall 

21 occur. 

22 (4) APPEALS ON DECISIONS BY THE CHAIR.— 

23 Appeals from the decisions of the Chair relating to 

24 the application of the rules of the Senate or the 

25 House of Representatives, as the case may be, to the 


emcdonald on DSK67QTVN1PROD with BILLS
25 

•HR 5799 IH

1 procedure relating to a resolution described in sub2 section (a) shall be decided without debate. 

3 (e) CONSIDERATION BY OTHER HOUSE.— 

4 (1) DISPOSITION OF RESOLUTION.—If, before 

5 the passage by one House of a resolution of that 

6 House described in subsection (a), that House re7 ceives from the other House a resolution described 

8 in subsection (a), then the following procedures shall 

9 apply— 

10 (A) the resolution of the other House shall 

11 not be referred to a committee and may not be 

12 considered in the House receiving it except in 

13 the case of final passage as provided in sub14 paragraph (B)(ii); and 

15 (B) with respect to a resolution described 

16 in subsection (a) of the House receiving the res17 olution (i) the procedure in that House shall be 

18 the same as if no resolution had been received 

19 from the other House; but (ii) the vote on final 

20 passage shall be on the resolution of the other 

21 House. 

22 (2) NOT IN ORDER TO CONSIDER OTHER RESO23 LUTION.—Upon disposition of the resolution received 

24 from the other House, it shall no longer be in order 


emcdonald on DSK67QTVN1PROD with BILLS
26 

•HR 5799 IH

1 to consider the resolution that originated in the re2 ceiving House. 

3 (f) RULES OF THE SENATE AND HOUSE.—This sec4 tion is enacted by Congress— 

5 (1) as an exercise of the rulemaking power of 

6 the Senate and House of Representatives, respec7 tively, and as such it is deemed a part of the rules 

8 of each House, respectively, but applicable only with 

9 respect to the procedure to be followed in that 

10 House in the case of a resolution described in sub11 section (a), and it supersedes other rules only to the 

12 extent that it is inconsistent with such rules; and 

13 (2) with full recognition of the constitutional 

14 right of either House to change the rules (so far as 

15 relating to the procedure of that House) at any time, 

16 in the same manner, and to the same extent as in 

17 the case of any other rule of that House. 

18 SEC. 10. OFFSETTING RESCISSIONS. 

19 Of the unobligated balance of funds available for each 

20 of the following accounts, $3,000,000 is rescinded from 

21 each such account: 

22 (1) ‘‘Department of Health and Human Serv23 ices—Office of the Secretary—General Depart24 mental Management’’. 


emcdonald on DSK67QTVN1PROD with BILLS
27 

•HR 5799 IH

1 (2) ‘‘Agricultural Programs—Departmental Ad2 ministration’’. 

3 (3) ‘‘Department of Education—Departmental 

4 Management—Program Administration’’. 

5 (4) ‘‘Department of Housing and Urban Devel6 opment—Management and Administration—Admin7 istration, Operations, and Management’’. 

8 (5) ‘‘Department of the Interior—Departmental 

9 Offices—Office of the Secretary—Departmental Op10 erations’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS