I 

111TH CONGRESS 

2D SESSION H. R. 5407 

To establish the Program Reform Commission to review and identify unnecessary Federal programs and make recommendations for termination, modification, or retention of such programs, and to express the sense of 

the Congress that the Congress should promptly consider legislation 

that would make the changes in law necessary to implement the recommendations. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2010 

Mr. SMITH of Washington introduced the following bill; which was referred to 

the Committee on Oversight and Government Reform 

A BILL 

To establish the Program Reform Commission to review and 

identify unnecessary Federal programs and make recommendations for termination, modification, or retention 

of such programs, and to express the sense of the Congress that the Congress should promptly consider legislation that would make the changes in law necessary to 

implement the recommendations. 

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


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 5407 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Program Reform Com3 mission Act’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds that— 

6 (1) Federal programs which may have been en7 acted with a valid purpose can become obsolete, or 

8 no longer in the public interest, making such pro9 grams unnecessary or undesired; 

10 (2) it is unfair to force the United States tax11 payer to support unnecessary programs that do not 

12 provide a substantial public benefit or serve the pub13 lic interest; 

14 (3) the Congress has been unable to evaluate 

15 methodically those Federal programs that are unfair 

16 and unnecessary and require reform or elimination; 

17 and 

18 (4) a Commission to advise the Congress is es19 sential to a comprehensive review of such programs 

20 and to the reform or elimination of such programs. 

21 SEC. 3. PURPOSE. 

22 The purpose of this Act is to establish a fair and de23 liberative process that will result in the timely identifica24 tion, review, and reform or elimination of programs of the 

25 Federal Government. 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 5407 IH

1 SEC. 4. PROGRAM CRITERIA. 

2 In order for a department, agency, or the Commission 

3 to consider a program for recommendations under this 

4 Act, the program— 

5 (1) must be a system of services or projects 

6 that is provided by the Federal Government; and 

7 (2) may not be a service or project that exists 

8 for the purposes of research and development in the 

9 broad public interest on the basis of a peer reviewed 

10 or other open, competitive, merit-based procedure. 

11 SEC. 5. PROGRAM REFORM COMMISSION. 

12 (a) ESTABLISHMENT.—There is established within 

13 the legislative branch of the Federal Government an inde14 pendent commission to be known as the ‘‘Program Reform 

15 Commission’’ (hereafter in this Act referred to as the 

16 ‘‘Commission’’). 

17 (b) DUTIES.—The Commission shall— 

18 (1) examine the programs of the Federal Gov19 ernment and identify programs that are no longer 

20 necessary or that merit modification; and 

21 (2) submit the report required under section 

22 6(c) to the Congress, making recommendations re23 garding the termination, modification, or retention 

24 of programs. 

25 (c) APPOINTMENT.— 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

•HR 5407 IH

1 (1) MEMBERS.—The Commission shall be com2 posed of 8 members, of whom— 

3 (A) 2 shall be appointed by the Speaker of 

4 the House of Representatives; 

5 (B) 2 shall be appointed by the minority 

6 leader of the House of Representatives; 

7 (C) 2 shall be appointed by the majority 

8 leader of the Senate; and 

9 (D) 2 shall be appointed by the minority 

10 leader of the Senate. 

11 (2) CONSULTATION REQUIRED.—The Speaker 

12 of the House of Representatives, the minority leader 

13 of the House of Representatives, the majority leader 

14 of the Senate, and the minority leader of the Senate 

15 shall consult among themselves prior to the appoint16 ment of the members of the Commission. 

17 (3) BACKGROUND.—The members of the Com18 mission shall represent a broad array of expertise 

19 and points of view with respect to the subject mat20 ter, programs, and laws the Commission is likely to 

21 review. 

22 (4) LIMITATION ON FEDERAL OFFICER.—No 

23 officer or employee of a Federal agency may serve 

24 as a member of the Commission. 


rfrederick on DSKD9S0YB1PROD with BILLS
5 

•HR 5407 IH

1 (5) TERMS.—The members of the Commission 

2 shall be appointed for the life of the Commission. 

3 (d) CO-CHAIRS.— 

4 (1) IN GENERAL.—The Commission shall be co5 chaired by 2 members, selected by the 8 members of 

6 the Commission. 

7 (2) HOUSE AND SENATE REPRESENTATION.— 

8 Of the members selected to be co-chairs— 

9 (A) one shall be a member appointed 

10 under subsection (c)(1)(A) or subsection 

11 (c)(1)(B); and 

12 (B) one shall be a member appointed 

13 under subsection (c)(1)(C) or subsection 

14 (c)(1)(D). 

15 (3) POLITICAL AFFILIATION.—The two mem16 bers selected to be co-chairs may not be of the same 

17 political party. 

18 (e) MEETINGS.— 

19 (1) INITIAL MEETING.—No later than April 1, 

20 2011, the Commission shall conduct its first meet21 ing. 

22 (2) OPEN MEETINGS.—Each meeting of the 

23 Commission shall be open to the public, except that 

24 in cases in which classified information, trade se25 crets, or personnel matters are discussed, the coVerDate Mar 15 2010 05:55 May 27, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5407.IH H5407

rfrederick on DSKD9S0YB1PROD with BILLS
6 

•HR 5407 IH

1 chairs may close the meeting. All proceedings, infor2 mation, and deliberations of the Commission shall be 

3 available, upon request, to the Speaker of the House 

4 of Representatives, the majority leader and minority 

5 leader of the House of Representatives, the majority 

6 leader and minority leader of the Senate, and the 

7 chairman and ranking minority member of the rel8 evant Committee of Congress having jurisdiction to 

9 report legislation regarding the subject matter there10 of. 

11 (f) VACANCIES.—A vacancy on the Commission shall 

12 be filled in the same manner as the original appointment. 

13 (g) PAY AND TRAVEL EXPENSES.— 

14 (1) PAY.—Each member of the Commission, 

15 other than the co-chairs, shall be paid at a rate 

16 equal to the daily equivalent of the minimum annual 

17 rate of basic pay for level IV of the Executive Sched18 ule under section 5315 of title 5, United States 

19 Code, for each day (including travel time) during 

20 which the member is engaged in the actual perform21 ance of duties vested in the Commission. 

22 (2) CO-CHAIRS.—The co-chairs shall be paid for 

23 each day referred to in paragraph (1) at a rate equal 

24 to the daily payment of the minimum annual rate of 

25 basic pay payable for level III of the Executive 


rfrederick on DSKD9S0YB1PROD with BILLS
7 

•HR 5407 IH

1 Schedule under section 5314 of title 5, United 

2 States Code. 

3 (3) TRAVEL EXPENSES.—Members of the Com4 mission shall receive travel expenses, including per 

5 diem in lieu of subsistence, in accordance with sec6 tion 5702 and 5703 of title 5, United States Code. 

7 (h) DIRECTOR OF STAFF.— 

8 (1) QUALIFICATIONS.—The co-chairs shall ap9 point as Director an individual who has not, during 

10 the 12 months preceding the date of such appoint11 ment, served in any of the entities, or worked di12 rectly with any of the programs, that the Commis13 sion intends to review. 

14 (2) PAY.—The Director shall be paid at the 

15 rate of basic pay payable for level IV of the Execu16 tive Schedule under section 5315 of title 5, United 

17 States Code. 

18 (3) REPORTS.—The Director shall submit peri19 odic reports on administrative and personnel matters 

20 to the co-chairs of the Commission and the chairman 

21 and ranking minority member of the Committee on 

22 Homeland Security and Governmental Affairs of the 

23 Senate and the Committee on Oversight and Govern24 ment Reform of the House of the Representatives. 

25 (i) STAFF.— 


rfrederick on DSKD9S0YB1PROD with BILLS
8 

•HR 5407 IH

1 (1) ADDITIONAL PERSONNEL.—Subject to para2 graphs (2) and (4), the Director, with the approval 

3 of the Commission, may appoint and fix the pay of 

4 additional personnel. 

5 (2) APPOINTMENTS.—The Director may make 

6 such appointments without regard to the provisions 

7 of title 5, United States Code, governing appoint8 ments in the competitive service, and any personnel 

9 so appointed may be paid without regard to the pro10 visions of chapter 51 and subchapter III of chapter 

11 53 of that title relating to classification and General 

12 Schedule pay rates. 

13 (3) LEGAL STAFF.—The Director shall appoint 

14 under paragraph (2) such professional legal staff as 

15 are necessary for the performance of the functions 

16 of the Commission. 

17 (4) DETAILEES.—Upon the request of the Di18 rector, the head of any Federal department or agen19 cy may detail any of the personnel of that depart20 ment or agency to the Commission to assist the 

21 Commission in accordance with an agreement en22 tered into with the Commission. 

23 (5) RESTRICTIONS ON PERSONNEL AND

24 DETAILEES.—The following restrictions shall apply 

25 to personnel and detailees of the Commission: 


rfrederick on DSKD9S0YB1PROD with BILLS
9 

•HR 5407 IH

1 (A) PERSONNEL.—No more than one-third 

2 of the personnel detailed to the Commission 

3 may be on detail from Federal agencies that 

4 deal directly or indirectly with the Federal pro5 grams the Commission intends to review. 

6 (B) ANALYSTS.—No more than one-fifth of 

7 the professional analysts of the Commission 

8 may be persons detailed from a Federal agency 

9 that deals directly or indirectly with the Federal 

10 programs the Commission intends to review. 

11 (C) LEAD ANALYST.—No person detailed 

12 from a Federal agency to the Commission may 

13 be assigned as the lead professional analyst 

14 with respect to an entity or program the Com15 mission intends to review if the person has been 

16 involved in regulatory or policymaking decisions 

17 affecting any such entity or program in the 12 

18 months preceding such assignment. 

19 (D) DETAILEE.—A person may not be de20 tailed from a Federal agency to the Commission 

21 if, within 12 months before the detail is to 

22 begin, that person participated personally and 

23 substantially in any matter within that par24 ticular agency concerning the preparation of 

25 recommendations under this Act. 


rfrederick on DSKD9S0YB1PROD with BILLS
10 

•HR 5407 IH

1 (E) LIMITATION ON STAFF SIZE.— 

2 (i) RESTRICTION ON NUMBER OF

3 STAFF.—Subject to clause (ii), there may 

4 not be more than 25 persons (including 

5 any detailees) on the staff at any time. 

6 (ii) NOTIFICATION OF INCREASE.— 

7 The Commission may increase the number 

8 of its personnel in excess of the limitation 

9 under clause (i) 15 days after submitting 

10 notification of such increase to the Com11 mittee on Homeland Security and Govern12 mental Affairs of the Senate and the Com13 mittee on Oversight and Government Re14 form of the House of Representatives. 

15 (F) PROHIBITION OF COMPENSATION.— 

16 Members of the staff of the Commission who 

17 are full-time officers or employees of the United 

18 States may not receive additional pay, allow19 ances, or benefits by reason of their service for 

20 the Commission. 

21 (6) ASSISTANCE.— 

22 (A) IN GENERAL.—The Comptroller Gen23 eral of the United States shall provide assist24 ance, including the detailing of employees, to 


rfrederick on DSKD9S0YB1PROD with BILLS
11 

•HR 5407 IH

1 the Commission in accordance with an agree2 ment entered into with the Commission. 

3 (B) CONSULTATION.—The Commission 

4 and the Comptroller General of the United 

5 States shall consult with the Committee on 

6 Homeland Security and Governmental Affairs 

7 of the Senate and the Committee on Oversight 

8 and Government Reform of the House of Rep9 resentatives on the agreement referred to under 

10 subparagraph (A) before entering into such 

11 agreement. 

12 (j) OTHER AUTHORITY.— 

13 (1) EXPERTS AND CONSULTANTS.—The Com14 mission may procure by contract the temporary or 

15 intermittent services of experts or consultants pursu16 ant to section 3109 of title 5, United States Code. 

17 (2) LEASING.—The Commission may lease 

18 space and acquire personal property. 

19 (3) LIMITATION ON CONTRACT AUTHORITY.— 

20 The authority to enter into contracts under this sub21 section shall be available only to the extent or in the 

22 amounts provided in advance in appropriation Acts. 

23 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Commission such 


rfrederick on DSKD9S0YB1PROD with BILLS
12 

•HR 5407 IH

1 sums as are necessary to carry out its duties under this 

2 Act. 

3 (l) TERMINATION.—The Commission shall terminate 

4 on January 1, 2013. 

5 SEC. 6. PROCEDURE FOR MAKING RECOMMENDATIONS TO 

6 TERMINATE PROGRAMS. 

7 (a) AGENCY PLAN.— 

8 (1) IN GENERAL.—The head of each Federal 

9 department or agency shall include in the documents 

10 submitted in support of the budget of the agency for 

11 fiscal year 2012 a list identifying all programs ad12 ministered by that department or agency that the 

13 head of the department or agency determines no 

14 longer are necessary. 

15 (2) CONTENTS.—Such list shall include— 

16 (A) a detailed description of each program 

17 in question; 

18 (B) a statement identifying and detailing 

19 the extent to which each service or project of 

20 the program complies with the provisions of sec21 tion 4; 

22 (C) a statement summarizing the legisla23 tive history and purpose of such services or 

24 projects and the laws or policies directly or indiVerDate Mar 15 2010 05:55 May 27, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5407.IH H5407

rfrederick on DSKD9S0YB1PROD with BILLS
13 

•HR 5407 IH

1 rectly giving rise to the need for such programs; 

2 and 

3 (D) a recommendation to the Commission 

4 regarding the termination, modification, or re5 tention of each program identified in the list. 

6 (b) REVIEW BY THE COMMISSION.— 

7 (1) IN GENERAL.—At any time after the sub8 mission of the budget documents to the Congress, 

9 the Commission shall conduct public hearings re10 garding, and review, the termination, modification, 

11 or retention of all programs administered by each 

12 Federal department or agency, including the rec13 ommendations included in the lists required under 

14 subsection (a). 

15 (2) TESTIMONY UNDER OATH.—All testimony 

16 before the Commission at a public hearing conducted 

17 under this paragraph shall be presented under oath. 

18 (c) REPORT AND RECOMMENDATIONS OF COMMIS19 SION.— 

20 (1) REPORT TO CONGRESS.— 

21 (A) REQUIREMENT.—No later than March 

22 31, 2012, the Commission shall submit a report 

23 to the Congress containing the Commission’s 

24 findings and recommendations for termination, 


rfrederick on DSKD9S0YB1PROD with BILLS
14 

•HR 5407 IH

1 modification, or retention of each of the pro2 grams reviewed by the Commission. 

3 (B) CONTENTS.—Such findings and rec4 ommendations shall specify— 

5 (i) all actions, circumstances, and con6 siderations relating to or bearing upon the 

7 recommendations; and 

8 (ii) to the maximum extent prac9 ticable, the estimated effect of the rec10 ommendations upon the policies, laws, and 

11 programs directly or indirectly affected by 

12 the recommendations. 

13 (C) SUPERMAJORITY REQUIREMENT.—The 

14 Commission may not include a recommendation 

15 in the report unless inclusion of the rec16 ommendation is approved by at least 6 mem17 bers of the Commission. 

18 (2) INFORMATION AND JUSTIFICATIONS.—The 

19 Commission shall include in its report information 

20 specifying— 

21 (A) the reasons and justifications for the 

22 recommendations of the Commission; 

23 (B) all actions, circumstances, and consid24 erations relating to or bearing upon the rec25 ommendations; 


rfrederick on DSKD9S0YB1PROD with BILLS
15 

•HR 5407 IH

1 (C) to the maximum extent practicable, the 

2 estimated economic impact of accepting its rec3 ommendations; 

4 (D) the amount of the projected savings 

5 and budgetary impact that would result from 

6 the acceptance of each of its recommendations; 

7 and 

8 (E) the specific changes in Federal stat9 utes necessary to implement the recommenda10 tions, including citation of the relevant provi11 sions of existing law. 

12 (3) SUBMISSION TO CONGRESS.—The report 

13 submitted to the Congress under this subsection 

14 shall be submitted to the Senate and the House of 

15 Representatives on the same day, and shall be deliv16 ered to the Secretary of the Senate if the Senate is 

17 not in session, and to the Clerk of the House of the 

18 Representatives if the House is not in session. 

19 (4) FEDERAL REGISTER.—The report sub20 mitted under this subsection shall be printed in the 

21 first issue of the Federal Register after such submis22 sion. 

23 (5) CHANGES IN AGENCY OR DEPARTMENT

24 RECOMMENDATIONS.— 


rfrederick on DSKD9S0YB1PROD with BILLS
16 

•HR 5407 IH

1 (A) IN GENERAL.—Subject to the deadline 

2 in paragraph (1) and to subparagraphs (B) and 

3 (C) of this paragraph, in making its rec4 ommendations, the Commission may make 

5 changes in any of the recommendations made 

6 by a department or agency. 

7 (B) PUBLIC HEARING REQUIREMENT.— 

8 Subject to subparagraph (C), the Commission 

9 may make a change in the recommendations 

10 made by a department or agency only if the 

11 Commission conducts a public hearing on the 

12 Commission’s proposed changes. 

13 (C) LIMITATION ON PUBLIC HEARING RE14 QUIREMENT.—Subparagraph (B) shall apply 

15 only to a change by the Commission in a de16 partment or agency recommendation that 

17 would— 

18 (i) add or delete a program to or 

19 from, respectively, the list recommended 

20 for termination; 

21 (ii) add or delete a program to or 

22 from, respectively, the list recommended 

23 for modification; or 

24 (iii) increase or decrease the extent of 

25 a recommendation to modify a program, 


rfrederick on DSKD9S0YB1PROD with BILLS
17 

•HR 5407 IH

1 included in a department’s or agency’s rec2 ommendation. 

3 (6) PROVISION OF INFORMATION TO MEMBERS

4 OF CONGRESS.—After March 31, 2012, the Commis5 sion shall, upon request, promptly provide to any 

6 Member of Congress the information used by the 

7 Commission in making its recommendations. 

8 (7) COMPTROLLER GENERAL.—The Comp9 troller General of the United States shall— 

10 (A) assist the Commission, to the extent 

11 requested, in the Commission’s review and anal12 ysis of the lists, statements, and recommenda13 tions made by departments and agencies under 

14 subsection (a); and 

15 (B) no later than April 1, 2011, or 60 

16 days after the public release of the President’s 

17 budget documents for fiscal year 2012, which18 ever is earlier, submit to the Congress and to 

19 the Commission a report containing a detailed 

20 analysis of the list, statements, and rec21 ommendations of each department or agency. 

22 SEC. 7. CONGRESSIONAL ACTION ON COMMISSION REC23 OMMENDATIONS. 

24 It is the sense of the Congress that, following submis25 sion of the report of the Program Reform Commission 


rfrederick on DSKD9S0YB1PROD with BILLS
18 

•HR 5407 IH

1 under section 6, the House of Representatives and the 

2 Senate should promptly consider legislation that would 

3 enact changes in Federal statutes necessary to implement 

4 the recommendations of the Commission. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS