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of duplicative, wasteful, or outdated functions, and for other purposes.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 Com-
mittee 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or outdated functions, and for other purposes.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 Representa-
tives 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: 
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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. 
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 ei-
ther House is not in session because of an adjourn-
ment of more than three days to a date certain. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established the Fed-
eral 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. 
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(ii) One in consultation with the mi-
nority leader of the House of Representa-
tives. 
(iii) One in consultation with the ma-
jority leader of the Senate. 
(iv) One in consultation with the mi-
nority leader of the Senate. 
(v) Two other members, who may not 
be of the same political party. 
(B) EX
OFFICIO
MEMBERS.—The Presi-
dent may appoint up to 4 Members of Congress 
(up to 2 from each House) as nonvoting ex offi-
cio 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 po-
litical party. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any 
vacancy in the Commission shall not affect its powers, but 
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shall be filled in the same manner as the original appoint-
ment. 
(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 meet-
ing. 
(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 num-
ber 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 Commis-
sion shall establish a systematic method for assess-
ing the effectiveness and accountability of agency 
programs in accordance with paragraph (2) and di-
vide 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 estab-
lished under paragraph (1) shall— 
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(A) recognize different types of Federal 
programs; 
(B) assess programs based on the achieve-
ment 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 meas-
ures, 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 in-
tent during the program’s existence; and 
(E) assess programs based in part on col-
laborative analysis, with the program or agency, 
of program policy and goals which may not fit 
into easily measurable performance goals. 
(3) COMPTROLLER
GENERAL
RECOMMENDA-
TIONS.—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 
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(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 rec-
ommendations 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 Commis-
sion shall evaluate all agencies, and programs within 
those agencies, in a grouping identified in the as-
sessment 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 sub-
section (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 dur-
ing that year, submit to the President and Congress 
a plan with recommendations of the agencies and 
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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 agen-
cies 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 pur-
pose; 
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(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 elimi-
nated 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 para-
graph (2) shall provide that all funds saved by the 
implementation of the plan shall be used for deficit 
reduction. 
(6) INFORMATION
TO
MEMBERS
OF
CON-
GRESS.—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 re-
quest, 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— 
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(1) establish a Web site for the purpose of al-
lowing any member of the public to submit sugges-
tions 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 Au-
gust 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 con-
taining 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 recommenda-
tions 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 rec-
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ommendations for the closure or realignment of 
agencies and programs. 
(4) If the President approves all of the revised 
plan and recommendations of the Commission trans-
mitted 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 Con-
gress 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 sec-
tion, the process by which agencies and programs 
may be selected for realignment or elimination under 
this Act with respect to that year shall be termi-
nated. 
(e) CARRYFORWARD
OF GROUPING
AND EVALUA-
TION.—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 
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