I 
110TH CONGRESS 
2D SESSION 
H. R. 7071 
To establish a commission to recommend the elimination or realignment 
of Federal agencies that are duplicative or perform functions that would 
be more efficient on a non-Federal level, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2008 
Mr. SULLIVAN (for himself, Mr. GINGREY, Mr. KINGSTON, Mr. BROUN of 
Georgia, Mr. FRANKS of Arizona, Mr. GOHMERT, Mr. WALBERG, Ms. 
FALLIN, Mr. BARTLETT of Maryland, Mr. AKIN, and Mr. SHUSTER) in-
troduced the following bill; which was referred to the Committee on Over-
sight 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 recommend the elimination 
or realignment of Federal agencies that are duplicative 
or perform functions that would be more efficient on 
a non-Federal level, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Agency Pro-
gram Realignment and Closure Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term ‘‘Executive agency’’ by sec-
tion 105 of title 5, United States Code. 
(2) CALENDAR DAY.—The term ‘‘calendar day’’ 
means a calendar day other than one on which ei-
ther House is not in session because of an adjourn-
ment of more than three days to a date certain. 
(3) PROGRAM.—The term ‘‘program’’ means a 
program or office within an agency. 
(4) STATE.—The term ‘‘State’’ includes the 
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, and the possessions of 
the United States. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established the Fed-
eral Agency Program Realignment and Closure Commis-
sion (in this Act referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.— 
(A) IN GENERAL.—The Commission shall 
be composed of 17 members appointed by the 
President, by and with the advice and consent 
of the Senate. Not later than 30 days after the 
date of the enactment of this Act, the President 
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shall transmit to the Senate the nominations 
for appointment to the Commission. 
(B) CONSULTATION.—In selecting individ-
uals for nominations for appointments to the 
Commission, the President shall consult with— 
(i) the Speaker of the House of Rep-
resentatives concerning the appointment of 
3 members; 
(ii) the minority leader of the House 
of Representatives concerning the appoint-
ment of 3 members; 
(iii) the majority leader of the Senate 
concerning the appointment of 3 members; 
and 
(iv) the minority leader of the Senate 
concerning the appointment of 3 members. 
(C) CRITERIA.— 
(i) Not less than 5 members shall be 
individuals from the private sector. 
(ii) Two members shall be State Gov-
ernors who are not of the same political 
party. 
(iii) Eight members shall be from the 
Republican Party. 
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(iv) Eight members shall be from the 
Democratic Party. 
(v) One member shall not be affiliated 
with any political party. 
(D) DESIGNEES.—A member described 
under subparagraph (C)(ii) may designate an 
individual to serve in the place of the member. 
Such individual shall be— 
(i) a State official from the same 
State as the member; or 
(ii) a State Governor who is of the 
same political party as the member. 
(E) CHAIRMAN AND VICE CHAIRMAN.—At 
the time the President nominates individuals 
for appointment to the Commission under sub-
section (a), the President shall designate one 
such individual who shall serve as chairman and 
one such individual who shall serve as vice 
chairman. The chairman and vice chairman 
may not be of the same political party. 
(2) APPOINTMENT DEADLINE.—Members shall 
be appointed not later than 30 days after the date 
of the enactment of this Act 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Com-
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mission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same 
manner as the original appointment. 
(4) REMOVAL.—The President may remove a 
member from the commission only for good cause. 
(c) INITIAL MEETING.—Not later than 60 days after 
the date of the enactment of this Act or the date on which 
each member has obtained an appropriate security clear-
ance, whichever is later, the Commission shall hold its first 
meeting. 
(d) MEETINGS.—The Commission shall meet at the 
call of the chairman. 
(e) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings. 
(f) SECURITY CLEARANCE.—As a condition of ap-
pointment to or employment with the Commission, the 
members and staff of the Commission shall hold appro-
priate security clearances for access to any classified brief-
ing, 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. 
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(g) FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Commission. 
SEC. 4. DUTIES OF THE COMMISSION. 
(a) EVALUATION; REPORT.—Not later than 3 years 
after the date of the initial meeting of the Commission, 
the Commission shall— 
(1) evaluate each agency and program within 
agencies using the criteria under subsection (c); and 
(2) submit to the President and Congress a re-
port containing a list including the name of each 
agency and program the Commission recommends 
eliminating or realigning. 
(b) CRITERIA.— 
(1) DUPLICATIVE FUNCTIONS.—If two or more 
agencies or programs are performing the same func-
tion and the function can be consolidated or stream-
lined into a single agency or program, the Commis-
sion shall recommend that the agency or program be 
realigned. 
(2) STATE FUNCTIONS.—The Commission shall 
recommend the elimination of any agency or pro-
gram that— 
(A) performs a function that is also pro-
vided by a State; or 
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