I 

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of duplicative, wasteful, or outdated functions, and for other purposes.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or outdated functions, and for other purposes. 

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 ‘‘Federal Realignment and Closure Commission Act’’. 

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

7 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

5 section 105 of title 5, United States Code. 

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

7 means a calendar day other than one on which ei8 ther House is not in session because of an adjourn9 ment of more than three days to a date certain. 

10 SEC. 3. ESTABLISHMENT OF COMMISSION. 

11 (a) ESTABLISHMENT.—There is established the Fed12 eral Realignment and Closure Commission (hereafter in 

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

14 (b) MEMBERSHIP.— 

15 (1) NUMBER AND APPOINTMENT.— 

16 (A) IN GENERAL.—The Commission shall 

17 be composed of 6 members appointed by the 

18 President as follows: 

19 (i) One in consultation with the 

20 Speaker of the House of Representatives. 


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1 (ii) One in consultation with the mi2 nority leader of the House of Representa3 tives. 

4 (iii) One in consultation with the ma5 jority leader of the Senate. 

6 (iv) One in consultation with the mi7 nority leader of the Senate. 

8 (v) Two other members, who may not 

9 be of the same political party. 

10 (B) EX OFFICIO MEMBERS.—The Presi11 dent may appoint up to 4 Members of Congress 

12 (up to 2 from each House) as nonvoting ex offi13 cio members of the Commission. 

14 (C) CHAIRMAN AND VICE CHAIRMAN.—At 

15 the time the President appoints individuals to 

16 the Commission under this paragraph, the 

17 President shall designate 1 such individual who 

18 shall serve as chairman and 1 such individual 

19 who shall serve as vice chairman. The chairman 

20 and vice chairman may not be of the same po21 litical party. 

22 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem23 bers shall be appointed for the life of the Commission. Any 

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


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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.—Not later than 180 days 

16 after the date of enactment of this Act, the Commis17 sion shall establish a systematic method for assess18 ing the effectiveness and accountability of agency 

19 programs in accordance with paragraph (2) and di20 vide the programs into three approximately equal 

21 budgetary groupings based on the size of the budget 

22 and number of personnel of the agency program. 

23 (2) METHOD OBJECTIVES.—The method estab24 lished under paragraph (1) shall— 


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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(g)(4) 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 


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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 (b) EVALUATION, PLAN, AND RECOMMENDATIONS.— 

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

10 during each of 2012, 2013, and 2014, the Commis11 sion shall evaluate all agencies, and programs within 

12 those agencies, in a grouping identified in the as13 sessment under subsection (a), with one grouping 

14 evaluated each year over those three years, using the 

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

16 evaluation, the Commission shall consider the report 

17 of the Comptroller General submitted under sub18 section (a)(3). 

19 (2) PLAN AND RECOMMENDATIONS.—Not later 

20 than June 30 of a year in which an evaluation is 

21 carried out under paragraph (1), the Commission 

22 shall, with respect to the evaluation carried out dur23 ing that year, submit to the President and Congress 

24 a plan with recommendations of the agencies and 


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1 programs that should be realigned or eliminated 

2 within the grouping evaluated that year. 

3 (3) CRITERIA.— 

4 (A) DUPLICATIVE.—If 2 or more agencies 

5 or programs are performing the same essential 

6 function and the function can be consolidated 

7 or streamlined into a single agency or program, 

8 the Commission shall recommend that the agen9 cies or programs be realigned. 

10 (B) WASTEFUL OR INEFFICIENT.—The 

11 Commission may recommend the realignment or 

12 elimination of any agency or program that has 

13 wasted Federal funds by— 

14 (i) egregious spending; 

15 (ii) mismanagement of resources and 

16 personnel; or 

17 (iii) use of such funds for personal 

18 benefit or the benefit of a special interest 

19 group. 

20 (C) OUTDATED, IRRELEVANT, OR

21 FAILED.—The Commission shall recommend 

22 the elimination of any agency or program 

23 that— 

24 (i) has completed its intended pur25 pose; 


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1 (ii) has become irrelevant; or 

2 (iii) has failed to meet its objectives. 

3 (4) RELOCATION OF FEDERAL EMPLOYEES.— 

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

5 the position of an employee of an agency is elimi6 nated as a result of the implementation of the plan, 

7 the affected agency shall make reasonable efforts to 

8 relocate such employee to another position within 

9 the agency or within another Federal agency. 

10 (5) USE OF SAVINGS.—The plan under para11 graph (2) shall provide that all funds saved by the 

12 implementation of the plan shall be used for deficit 

13 reduction. 

14 (6) INFORMATION TO MEMBERS OF CON15 GRESS.—After June 30 of each year in which the 

16 Commission submits a plan and recommendations to 

17 the President and Congress under this subsection, 

18 the Commission shall promptly provide, upon re19 quest, to any Member of Congress information used 

20 by the Commission in making its recommendations. 

21 (c) CONSIDERATION OF SUGGESTIONS FROM PUBLIC

22 THROUGH WEB SITE.—In carrying out its duties under 

23 this Act, the Commission shall— 


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1 (1) establish a Web site for the purpose of al2 lowing any member of the public to submit sugges3 tions to the Commission for its consideration; and 

4 (2) consider each such suggestion submitted 

5 through the Web site. 

6 (d) REVIEW BY THE PRESIDENT.— 

7 (1) The President shall, by no later than Au8 gust 15 of a year in which the Commission carries 

9 out an evaluation under subsection (b)(1), transmit 

10 to the Commission and to Congress a report con11 taining the President’s approval or disapproval of 

12 the Commission’s plan and recommendations. 

13 (2) If the President approves all the plan and 

14 recommendations of the Commission, the President 

15 shall transmit a copy of such plan and recommenda16 tions to Congress, together with a certification of 

17 such approval. 

18 (3) If the President disapproves the plan and 

19 recommendations of the Commission, in whole or in 

20 part, the President shall transmit to the Commission 

21 and Congress the reasons for that disapproval. The 

22 Commission shall then transmit to the President, by 

23 no later than September 15 of the year in which the 

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1 ommendations for the closure or realignment of 

2 agencies and programs. 

3 (4) If the President approves all of the revised 

4 plan and recommendations of the Commission trans5 mitted to the President under paragraph (3), the 

6 President shall transmit a copy of such revised plan 

7 and recommendations to Congress, together with a 

8 certification of such approval. 

9 (5) If the President does not transmit to Con10 gress an approval and certification described in 

11 paragraph (2) or (4) by October 15 of any year in 

12 which the Commission has transmitted its plan and 

13 recommendations to the President under this sec14 tion, the process by which agencies and programs 

15 may be selected for realignment or elimination under 

16 this Act with respect to that year shall be termi17 nated. 

18 (e) CARRYFORWARD OF GROUPING AND EVALUA19 TION.—If the process by which agencies and programs 

20 may be selected for realignment or elimination under this 

21 Act with respect to a year is terminated under subsection 

22 (d)(5)— 

23 (1) if the termination occurs in 2012 or 2013, 

24 the grouping of agencies and programs evaluated 


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1 that year shall be included in the grouping evaluated 

2 under subsection (b)(1) in the following year; and 

3 (2) if the termination occurs in 2014, the 

4 grouping of agencies and programs evaluated that 

5 year shall be subject again during the next year to 

6 the process by which agencies and programs may be 

7 selected for realignment or elimination under this 

8 Act as provided in this section. 

9 SEC. 5. POWERS OF THE COMMISSION. 

10 (a) HEARINGS.— 

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

12 direction, any subcommittee or member of the Com13 mission, may, for the purpose of carrying out this 

14 Act— 

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

16 times and places, take such testimony, receive 

17 such evidence, and administer such oaths as 

18 any member of the Commission considers advis19 able; 

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

21 attendance and testimony of such witnesses as 

22 any member of the Commission considers advis23 able; and 

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

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1 ence, memoranda, papers, documents, tapes, 

2 and other evidentiary materials relating to any 

3 matter under investigation by the Commission. 

4 (2) MEMBERS OF CONGRESS.—Any member of 

5 Congress may testify before the Commission or at6 tend any proceedings or deliberations of the Com7 mission. 

8 (3) TESTIMONY UNDER OATH.—All testimony 

9 before the Commission shall be under oath. 

10 (b) ISSUANCE AND ENFORCEMENT OF SUB11 POENAS.— 

12 (1) ISSUANCE.—Subpoenas issued under sub13 section (a) shall bear the signature of the chairman 

14 of the Commission and shall be served by any person 

15 or class of persons designated by the chairman for 

16 that purpose. 

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

18 or failure to obey a subpoena issued under sub19 section (a), the United States district court for the 

20 judicial district in which the subpoenaed person re21 sides, is served, or may be found, may issue an order 

22 requiring such person to appear at any designated 

23 place to testify or to produce documentary or other 

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


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

2 court. 

3 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

4 Commission may secure directly from any Federal depart5 ment or agency such information as the Commission con6 siders necessary to carry out this Act. Upon request of 

7 the chairman of the Commission, the head of such depart8 ment or agency shall furnish such information to the Com9 mission. 

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

11 the United States mails in the same manner and under 

12 the same conditions as other departments and agencies of 

13 the Federal Government. 

14 SEC. 6. COMMISSION PERSONNEL MATTERS. 

15 (a) COMPENSATION OF MEMBERS.— 

16 (1) NON-FEDERAL MEMBERS.—Except as pro17 vided under subsection (b), each member of the 

18 Commission who is not an officer or employee of the 

19 Federal Government shall not be compensated. 

20 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

21 members of the Commission who are officers or em22 ployees of the United States shall serve without com23 pensation in addition to that received for their serv24 ices as officers or employees of the United States. 


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1 (b) TRAVEL EXPENSES.—The members of the Com2 mission shall be allowed travel expenses, including per 

3 diem in lieu of subsistence, at rates authorized for employ4 ees of agencies under subchapter I of chapter 57 of title 

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

6 regular places of business in the performance of services 

7 for the Commission. 

8 (c) STAFF.— 

9 (1) IN GENERAL.—The chairman of the Com10 mission may, without regard to the civil service laws 

11 and regulations, appoint and terminate an executive 

12 director and such other additional personnel as may 

13 be necessary to enable the Commission to perform 

14 its duties. The employment of an executive director 

15 shall be subject to confirmation by the Commission. 

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

17 chairman, the executive director may fix the com18 pensation of the executive director and other per19 sonnel without regard to chapter 51 and subchapter 

20 III of chapter 53 of title 5, United States Code, re21 lating to classification of positions and General 

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

23 the executive director and other personnel may not 

24 exceed the maximum rate payable for a position at 


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1 GS–15 of the General Schedule under section 5332 

2 of such title. 

3 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

4 (A) IN GENERAL.—The executive director 

5 and any personnel of the Commission who are 

6 employees shall be employees under section 

7 2105 of title 5, United States Code, for pur8 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

9 and 90 of that title. 

10 (B) MEMBERS OF COMMISSION.—Subpara11 graph (A) shall not be construed to apply to 

12 members of the Commission. 

13 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

14 Federal Government employee may be detailed to the 

15 Commission without reimbursement, and such detail shall 

16 be without interruption or loss of civil service status or 

17 privilege. 

18 (e) SECURITY CLEARANCE.—As a condition of ap19 pointment to or employment with the Commission, the 

20 members and staff of the Commission shall hold appro21 priate security clearances for access to any classified brief22 ing, records, and materials that may be reviewed by the 

23 Commission or its staff and shall follow the guidance and 

24 practices on security under applicable Executive orders 

25 and agency directives. 


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

2 Commission, the Librarian of Congress shall provide to 

3 the Commission, on a reimbursable basis, administrative 

4 support services, research services, and research staff nec5 essary for the Commission to carry out its responsibilities 

6 under this Act. 

7 (g) PROCUREMENT OF TEMPORARY AND INTERMIT8 TENT SERVICES.—The chairman of the Commission may 

9 procure temporary and intermittent services under section 

10 3109(b) of title 5, United States Code, at rates for individ11 uals which do not exceed the daily equivalent of the annual 

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

13 Schedule under section 5316 of such title. 

14 SEC. 7. TERMINATION OF THE COMMISSION. 

15 The Commission shall terminate 120 days after the 

16 date on which the Commission submits the final plan and 

17 recommendations under section 3(b). 

18 SEC. 8. CLOSURE AND REALIGNMENT OF AGENCIES AND 

19 PROGRAMS. 

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

21 President shall— 

22 (1) eliminate all agencies and programs rec23 ommended for elimination by the Commission in 

24 each report submitted to Congress by the President 

25 under section 3(d); 


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1 (2) realign all agencies and programs rec2 ommended for realignment by such Commission in 

3 each such report; 

4 (3) initiate all such eliminations and realign5 ments no later than 2 years after the date on which 

6 the President submits a report to Congress under 

7 section 3(d) containing the recommendations for 

8 such eliminations or realignments; and 

9 (4) complete all such eliminations and realign10 ments no later than the end of the 6-year period be11 ginning on the date on which the President submits 

12 the report under section 3(d) containing the rec13 ommendations for such closures or realignments. 

14 (b) CONGRESSIONAL DISAPPROVAL.— 

15 (1) The President may not carry out any elimi16 nation or realignment recommended in a report sub17 mitted by the President pursuant to section 3(d) if 

18 a joint resolution is enacted, in accordance with the 

19 provisions of section 9, disapproving such rec20 ommendations before the earlier of— 

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

22 on the date on which the President submits 

23 such report; or 


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1 (B) the adjournment of Congress sine die 

2 for the session during which such report is sub3 mitted. 

4 (2) For purposes of paragraph (1) of this sub5 section and subsections (a) and (c) of section 9, the 

6 days on which either House of Congress is not in 

7 session because of adjournment of more than 3 days 

8 to a day certain shall be excluded in the computation 

9 of a period. 

10 SEC. 9. CONGRESSIONAL CONSIDERATION OF COMMISSION 

11 RECOMMENDATIONS. 

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

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

14 joint resolution which is introduced within the 10-day pe15 riod beginning on the date on which the President submits 

16 the report to Congress under section 3(d), and— 

17 (1) which does not have a preamble; 

18 (2) the matter after the resolving clause of 

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

20 recommendations of the Federal Realignment and 

21 Closure Commission as submitted by the President 

22 on’’, the blank space being filled in with the appro23 priate date; and 


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1 (3) the title of which is as follows: ‘‘Joint reso2 lution disapproving the recommendations of the Fed3 eral Realignment and Closure Commission.’’. 

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

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

6 shall be referred to the Committee on Oversight and Gov7 ernment Reform of the House of Representatives. A reso8 lution described in subsection (a) introduced in the Senate 

9 shall be referred to the Committee on Homeland Security 

10 and Governmental Affairs of the Senate. 

11 (c) DISCHARGE.—If the committee to which a resolu12 tion described in subsection (a) is referred has not re13 ported such a resolution (or an identical resolution) by the 

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

15 the President submits the report to Congress under sec16 tion 3(d), such committee shall be, at the end of such pe17 riod, discharged from further consideration of such resolu18 tion, and such resolution shall be placed on the appro19 priate calendar of the House involved. 

20 (d) CONSIDERATION.— 

21 (1) On or after the third day after the date on 

22 which the committee to which such a resolution is 

23 referred has reported, or has been discharged (under 

24 subsection (c)) from further consideration of, such a 

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1 tion to the same effect has been disagreed to) for 

2 any Member of the respective House to move to pro3 ceed to the consideration of the resolution. A mem4 ber may make the motion only on the day after the 

5 calendar day on which the Member announces to the 

6 House concerned the Member’s intention to make 

7 the motion, except that, in the case of the House of 

8 Representatives, the motion may be made without 

9 such prior announcement if the motion is made by 

10 direction of the committee to which the resolution 

11 was referred. The motion is highly privileged in the 

12 House of Representatives and is privileged in the 

13 Senate and is not debatable. The motion is not sub14 ject to amendment, or to a motion to postpone, or 

15 to a motion to proceed to the consideration of other 

16 business. A motion to reconsider the vote by which 

17 the motion is agreed to or disagreed to shall not be 

18 in order. If a motion to proceed to the consideration 

19 of the resolution is agreed to, the respective House 

20 shall immediately proceed to consideration of the 

21 joint resolution without intervening motion, order, or 

22 other business, and the resolution shall remain the 

23 unfinished business of the respective House until 

24 disposed of. 


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1 (2) Debate on the resolution, and on all debat2 able motions and appeals in connection therewith, 

3 shall be limited to not more than 2 hours, which 

4 shall be divided equally between those favoring and 

5 those opposing the resolution. An amendment to the 

6 resolution is not in order. A motion further to limit 

7 debate is in order and not debatable. A motion to 

8 postpone, or a motion to proceed to the consider9 ation of other business, or a motion to recommit the 

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

11 vote by which the resolution is agreed to or dis12 agreed to is not in order. 

13 (3) Immediately following the conclusion of the 

14 debate on a resolution described in subsection (a) 

15 and a single quorum call at the conclusion of the de16 bate if requested in accordance with the rules of the 

17 appropriate House, the vote on final passage of the 

18 resolution shall occur. 

19 (4) Appeals from the decisions of the Chair re20 lating to the application of the rules of the Senate 

21 or the House of Representatives, as the case may be, 

22 to the procedure relating to a resolution described in 

23 subsection (a) shall be decided without debate. 

24 (e) CONSIDERATION BY OTHER HOUSE.— 


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1 (1) If, before the passage by one House of a 

2 resolution of that House described in subsection (a), 

3 that House receives from the other House a resolu4 tion described in subsection (a), then the following 

5 procedures shall apply— 

6 (A) the resolution of the other House shall 

7 not be referred to a committee and may not be 

8 considered in the House receiving it except in 

9 the case of final passage as provided in sub10 paragraph (B)(ii); and 

11 (B) with respect to a resolution described 

12 in subsection (a) of the House receiving the res13 olution (i) the procedure in that House shall be 

14 the same as if no resolution had been received 

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

16 passage shall be on the resolution of the other 

17 House. 

18 (2) Upon disposition of the resolution received 

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

20 to consider the resolution that originated in the re21 ceiving House. 

22 (f) RULES OF THE SENATE AND HOUSE.—This sec23 tion is enacted by Congress— 

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

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1 tively, and as such it is deemed a part of the rules 

2 of each House, respectively, but applicable only with 

3 respect to the procedure to be followed in that 

4 House in the case of a resolution described in sub5 section (a), and it supersedes other rules only to the 

6 extent that it is inconsistent with such rules; and 

7 (2) with full recognition of the constitutional 

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

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

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

11 the case of any other rule of that House. 

12 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as may be necessary for each of fiscal years 2012 through 

15 2015 for carrying out this Act. 

Æ 


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