I 
112TH CONGRESS 
2D SESSION 
H. R. 6315 
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of duplicative, wasteful, or outdated functions, and for other purposes.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 
AUGUST 2, 2012 
Mr. FLEMING introduced the following bill; which was referred to the Com-
mittee 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 provi-
sions 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or outdated functions, and for other purposes.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 
‘‘Realign and Eliminate Duplicative Unnecessary Costly 
Excess in Government Act of 2012’’ or the ‘‘REDUCE 
Government Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
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. 
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: 
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(i) One in consultation with the 
Speaker of the House of Representatives. 
(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 
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vacancy in the Commission shall not affect its powers, but 
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 2013, 2014, and 2015, 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 WEBSITE.—In carrying out its duties under 
this Act, the Commission shall— 
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(1) establish a website for the purpose of allow-
ing any member of the public to submit suggestions 
to the Commission for its consideration; and 
(2) consider each such suggestion submitted 
through the website. 
(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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that year shall be included in the grouping evaluated 
under subsection (b)(1) in the following year; and 
(2) if the termination occurs in 2015, the 
grouping of agencies and programs evaluated that 
year shall be subject again during the next year to 
the process by which agencies and programs may be 
selected for realignment or elimination under this 
Act as provided in this section. 
SEC. 5. POWERS OF THE COMMISSION. 
(a) HEARINGS.— 
(1) IN GENERAL.—The Commission or, at its 
direction, any subcommittee or member of the Com-
mission, may, for the purpose of carrying out this 
Act— 
(A) hold such hearings, sit and act at such 
times and places, take such testimony, receive 
such evidence, and administer such oaths as 
any member of the Commission considers advis-
able; 
(B) require, by subpoena or otherwise, the 
attendance and testimony of such witnesses as 
any member of the Commission considers advis-
able; and 
(C) require, by subpoena or otherwise, the 
production of such books, records, correspond-
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ence, memoranda, papers, documents, tapes, 
and other evidentiary materials relating to any 
matter under investigation by the Commission. 
(2) MEMBERS OF CONGRESS.—Any member of 
Congress may testify before the Commission or at-
tend any proceedings or deliberations of the Com-
mission. 
(3) TESTIMONY UNDER OATH.—All testimony 
before the Commission shall be under oath. 
(b) 
ISSUANCE
AND
ENFORCEMENT
OF
SUB-
POENAS.— 
(1) ISSUANCE.—Subpoenas issued under sub-
section (a) shall bear the signature of the chairman 
of the Commission and shall be served by any person 
or class of persons designated by the chairman for 
that purpose. 
(2) ENFORCEMENT.—In the case of contumacy 
or failure to obey a subpoena issued under sub-
section (a), the United States district court for the 
judicial district in which the subpoenaed person re-
sides, is served, or may be found, may issue an order 
requiring such person to appear at any designated 
place to testify or to produce documentary or other 
evidence. Any failure to obey the order of the court 
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may be punished by the court as a contempt of that 
court. 
(c) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this Act. Upon request of 
the chairman of the Commission, the head of such depart-
ment or agency shall furnish such information to the Com-
mission. 
(d) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as other departments and agencies of 
the Federal Government. 
SEC. 6. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.— 
(1) NON-FEDERAL MEMBERS.—Except as pro-
vided under subsection (b), each member of the 
Commission who is not an officer or employee of the 
Federal Government shall not be compensated. 
(2) FEDERAL OFFICERS OR EMPLOYEES.—All 
members of the Commission who are officers or em-
ployees of the United States shall serve without com-
pensation in addition to that received for their serv-
ices as officers or employees of the United States. 
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(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title 
5, United States Code, while away from their homes or 
regular places of business in the performance of services 
for the Commission. 
(c) STAFF.— 
(1) IN GENERAL.—The chairman of the Com-
mission may, without regard to the civil service laws 
and regulations, appoint and terminate an executive 
director and such other additional personnel as may 
be necessary to enable the Commission to perform 
its duties. The employment of an executive director 
shall be subject to confirmation by the Commission. 
(2) COMPENSATION.—Upon the approval of the 
chairman, the executive director may fix the com-
pensation of the executive director and other per-
sonnel without regard to chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, re-
lating to classification of positions and General 
Schedule pay rates, except that the rate of pay for 
the executive director and other personnel may not 
exceed the maximum rate payable for a position at 
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GS–15 of the General Schedule under section 5332 
of such title. 
(3) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—The executive director 
and any personnel of the Commission who are 
employees shall be employees under section 
2105 of title 5, United States Code, for pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) shall not be construed to apply to 
members of the Commission. 
(d) DETAIL
OF GOVERNMENT EMPLOYEES.—Any 
Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall 
be without interruption or loss of civil service status or 
privilege. 
(e) 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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(5) ‘‘Department of the Interior—Departmental 
Offices—Office of the Secretary—Departmental Op-
erations’’. 
Æ 
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