SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Program Reform Com-
mission Act’’. 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) Federal programs which may have been en-
acted with a valid purpose can become obsolete, or 
no longer in the public interest, making such pro-
grams unnecessary or undesired; 
(2) it is unfair to force the United States tax-
payer to support unnecessary programs that do not 
provide a substantial public benefit or serve the pub-
lic interest; 
(3) the Congress has been unable to evaluate 
methodically those Federal programs that are unfair 
and unnecessary and require reform or elimination; 
and 
(4) a Commission to advise the Congress is es-
sential to a comprehensive review of such programs 
and to the reform or elimination of such programs. 
SEC. 3. PURPOSE. 
The purpose of this Act is to establish a fair and de-
liberative process that will result in the timely identifica-
tion, review, and reform or elimination of programs of the 
Federal Government. 
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SEC. 4. PROGRAM CRITERIA. 
In order for a department, agency, or the Commission 
to consider a program for recommendations under this 
Act, the program— 
(1) must be a system of services or projects 
that is provided by the Federal Government; and 
(2) may not be a service or project that exists 
for the purposes of research and development in the 
broad public interest on the basis of a peer reviewed 
or other open, competitive, merit-based procedure. 
SEC. 5. PROGRAM REFORM COMMISSION. 
(a) ESTABLISHMENT.—There is established within 
the legislative branch of the Federal Government an inde-
pendent commission to be known as the ‘‘Program Reform 
Commission’’ (hereafter in this Act referred to as the 
‘‘Commission’’). 
(b) DUTIES.—The Commission shall— 
(1) examine the programs of the Federal Gov-
ernment and identify programs that are no longer 
necessary or that merit modification; and 
(2) submit the report required under section 
6(c) to the Congress, making recommendations re-
garding the termination, modification, or retention 
of programs. 
(c) APPOINTMENT.— 
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(1) MEMBERS.—The Commission shall be com-
posed of 8 members, of whom— 
(A) 2 shall be appointed by the Speaker of 
the House of Representatives; 
(B) 2 shall be appointed by the minority 
leader of the House of Representatives; 
(C) 2 shall be appointed by the majority 
leader of the Senate; and 
(D) 2 shall be appointed by the minority 
leader of the Senate. 
(2) CONSULTATION
REQUIRED.—The Speaker 
of the House of Representatives, the minority leader 
of the House of Representatives, the majority leader 
of the Senate, and the minority leader of the Senate 
shall consult among themselves prior to the appoint-
ment of the members of the Commission. 
(3) BACKGROUND.—The members of the Com-
mission shall represent a broad array of expertise 
and points of view with respect to the subject mat-
ter, programs, and laws the Commission is likely to 
review. 
(4) LIMITATION
ON
FEDERAL
OFFICER.—No 
officer or employee of a Federal agency may serve 
as a member of the Commission. 
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(5) TERMS.—The members of the Commission 
shall be appointed for the life of the Commission. 
(d) CO-CHAIRS.— 
(1) IN GENERAL.—The Commission shall be co- 
chaired by 2 members, selected by the 8 members of 
the Commission. 
(2) HOUSE AND SENATE REPRESENTATION.— 
Of the members selected to be co-chairs— 
(A) one shall be a member appointed 
under 
subsection 
(c)(1)(A) 
or 
subsection 
(c)(1)(B); and 
(B) one shall be a member appointed 
under 
subsection 
(c)(1)(C) 
or 
subsection 
(c)(1)(D). 
(3) POLITICAL
AFFILIATION.—The two mem-
bers selected to be co-chairs may not be of the same 
political party. 
(e) MEETINGS.— 
(1) INITIAL MEETING.—No later than April 1, 
2011, the Commission shall conduct its first meet-
ing. 
(2) OPEN
MEETINGS.—Each meeting of the 
Commission shall be open to the public, except that 
in cases in which classified information, trade se-
crets, or personnel matters are discussed, the co- 
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chairs may close the meeting. All proceedings, infor-
mation, and deliberations of the Commission shall be 
available, upon request, to the Speaker of the House 
of Representatives, the majority leader and minority 
leader of the House of Representatives, the majority 
leader and minority leader of the Senate, and the 
chairman and ranking minority member of the rel-
evant Committee of Congress having jurisdiction to 
report legislation regarding the subject matter there-
of. 
(f) VACANCIES.—A vacancy on the Commission shall 
be filled in the same manner as the original appointment. 
(g) PAY AND TRAVEL EXPENSES.— 
(1) PAY.—Each member of the Commission, 
other than the co-chairs, shall be paid at a rate 
equal to the daily equivalent of the minimum annual 
rate of basic pay for level IV of the Executive Sched-
ule under section 5315 of title 5, United States 
Code, for each day (including travel time) during 
which the member is engaged in the actual perform-
ance of duties vested in the Commission. 
(2) CO-CHAIRS.—The co-chairs shall be paid for 
each day referred to in paragraph (1) at a rate equal 
to the daily payment of the minimum annual rate of 
basic pay payable for level III of the Executive 
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Schedule under section 5314 of title 5, United 
States Code. 
(3) TRAVEL EXPENSES.—Members of the Com-
mission shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with sec-
tion 5702 and 5703 of title 5, United States Code. 
(h) DIRECTOR OF STAFF.— 
(1) QUALIFICATIONS.—The co-chairs shall ap-
point as Director an individual who has not, during 
the 12 months preceding the date of such appoint-
ment, served in any of the entities, or worked di-
rectly with any of the programs, that the Commis-
sion intends to review. 
(2) PAY.—The Director shall be paid at the 
rate of basic pay payable for level IV of the Execu-
tive Schedule under section 5315 of title 5, United 
States Code. 
(3) REPORTS.—The Director shall submit peri-
odic reports on administrative and personnel matters 
to the co-chairs of the Commission and the chairman 
and ranking minority member of the Committee on 
Homeland Security and Governmental Affairs of the 
Senate and the Committee on Oversight and Govern-
ment Reform of the House of the Representatives. 
(i) STAFF.— 
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(1) ADDITIONAL PERSONNEL.—Subject to para-
graphs (2) and (4), the Director, with the approval 
of the Commission, may appoint and fix the pay of 
additional personnel. 
(2) APPOINTMENTS.—The Director may make 
such appointments without regard to the provisions 
of title 5, United States Code, governing appoint-
ments in the competitive service, and any personnel 
so appointed may be paid without regard to the pro-
visions of chapter 51 and subchapter III of chapter 
53 of that title relating to classification and General 
Schedule pay rates. 
(3) LEGAL STAFF.—The Director shall appoint 
under paragraph (2) such professional legal staff as 
are necessary for the performance of the functions 
of the Commission. 
(4) DETAILEES.—Upon the request of the Di-
rector, the head of any Federal department or agen-
cy may detail any of the personnel of that depart-
ment or agency to the Commission to assist the 
Commission in accordance with an agreement en-
tered into with the Commission. 
(5) 
RESTRICTIONS
ON
PERSONNEL
AND 
DETAILEES.—The following restrictions shall apply 
to personnel and detailees of the Commission: 
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(A) PERSONNEL.—No more than one-third 
of the personnel detailed to the Commission 
may be on detail from Federal agencies that 
deal directly or indirectly with the Federal pro-
grams the Commission intends to review. 
(B) ANALYSTS.—No more than one-fifth of 
the professional analysts of the Commission 
may be persons detailed from a Federal agency 
that deals directly or indirectly with the Federal 
programs the Commission intends to review. 
(C) LEAD ANALYST.—No person detailed 
from a Federal agency to the Commission may 
be assigned as the lead professional analyst 
with respect to an entity or program the Com-
mission intends to review if the person has been 
involved in regulatory or policymaking decisions 
affecting any such entity or program in the 12 
months preceding such assignment. 
(D) DETAILEE.—A person may not be de-
tailed from a Federal agency to the Commission 
if, within 12 months before the detail is to 
begin, that person participated personally and 
substantially in any matter within that par-
ticular agency concerning the preparation of 
recommendations under this Act. 
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(E) LIMITATION ON STAFF SIZE.— 
(i) RESTRICTION
ON
NUMBER
OF 
STAFF.—Subject to clause (ii), there may 
not be more than 25 persons (including 
any detailees) on the staff at any time. 
(ii) NOTIFICATION
OF
INCREASE.— 
The Commission may increase the number 
of its personnel in excess of the limitation 
under clause (i) 15 days after submitting 
notification of such increase to the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate and the Com-
mittee on Oversight and Government Re-
form of the House of Representatives. 
(F) PROHIBITION
OF
COMPENSATION.— 
Members of the staff of the Commission who 
are full-time officers or employees of the United 
States may not receive additional pay, allow-
ances, or benefits by reason of their service for 
the Commission. 
(6) ASSISTANCE.— 
(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall provide assist-
ance, including the detailing of employees, to 
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the Commission in accordance with an agree-
ment entered into with the Commission. 
(B) 
CONSULTATION.—The 
Commission 
and the Comptroller General of the United 
States shall consult with the Committee on 
Homeland Security and Governmental Affairs 
of the Senate and the Committee on Oversight 
and Government Reform of the House of Rep-
resentatives on the agreement referred to under 
subparagraph (A) before entering into such 
agreement. 
(j) OTHER AUTHORITY.— 
(1) EXPERTS AND CONSULTANTS.—The Com-
mission may procure by contract the temporary or 
intermittent services of experts or consultants pursu-
ant to section 3109 of title 5, United States Code. 
(2) LEASING.—The Commission may lease 
space and acquire personal property. 
(3) LIMITATION ON CONTRACT AUTHORITY.— 
The authority to enter into contracts under this sub-
section shall be available only to the extent or in the 
amounts provided in advance in appropriation Acts. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission such 
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sums as are necessary to carry out its duties under this 
Act. 
(l) TERMINATION.—The Commission shall terminate 
on January 1, 2013. 
SEC. 6. PROCEDURE FOR MAKING RECOMMENDATIONS TO 
TERMINATE PROGRAMS. 
(a) AGENCY PLAN.— 
(1) IN GENERAL.—The head of each Federal 
department or agency shall include in the documents 
submitted in support of the budget of the agency for 
fiscal year 2012 a list identifying all programs ad-
ministered by that department or agency that the 
head of the department or agency determines no 
longer are necessary. 
(2) CONTENTS.—Such list shall include— 
(A) a detailed description of each program 
in question; 
(B) a statement identifying and detailing 
the extent to which each service or project of 
the program complies with the provisions of sec-
tion 4; 
(C) a statement summarizing the legisla-
tive history and purpose of such services or 
projects and the laws or policies directly or indi-
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rectly giving rise to the need for such programs; 
and 
(D) a recommendation to the Commission 
regarding the termination, modification, or re-
tention of each program identified in the list. 
(b) REVIEW BY THE COMMISSION.— 
(1) IN GENERAL.—At any time after the sub-
mission of the budget documents to the Congress, 
the Commission shall conduct public hearings re-
garding, and review, the termination, modification, 
or retention of all programs administered by each 
Federal department or agency, including the rec-
ommendations included in the lists required under 
subsection (a). 
(2) TESTIMONY UNDER OATH.—All testimony 
before the Commission at a public hearing conducted 
under this paragraph shall be presented under oath. 
(c) REPORT AND RECOMMENDATIONS OF COMMIS-
SION.— 
(1) REPORT TO CONGRESS.— 
(A) REQUIREMENT.—No later than March 
31, 2012, the Commission shall submit a report 
to the Congress containing the Commission’s 
findings and recommendations for termination, 
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(C) to the maximum extent practicable, the 
estimated economic impact of accepting its rec-
ommendations; 
(D) the amount of the projected savings 
and budgetary impact that would result from 
the acceptance of each of its recommendations; 
and 
(E) the specific changes in Federal stat-
utes necessary to implement the recommenda-
tions, including citation of the relevant provi-
sions of existing law. 
(3) SUBMISSION
TO
CONGRESS.—The report 
submitted to the Congress under this subsection 
shall be submitted to the Senate and the House of 
Representatives on the same day, and shall be deliv-
ered to the Secretary of the Senate if the Senate is 
not in session, and to the Clerk of the House of the 
Representatives if the House is not in session. 
(4) FEDERAL
REGISTER.—The report sub-
mitted under this subsection shall be printed in the 
first issue of the Federal Register after such submis-
sion. 
(5) CHANGES
IN
AGENCY
OR
DEPARTMENT 
RECOMMENDATIONS.— 
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(A) IN GENERAL.—Subject to the deadline 
in paragraph (1) and to subparagraphs (B) and 
(C) of this paragraph, in making its rec-
ommendations, the Commission may make 
changes in any of the recommendations made 
by a department or agency. 
(B) PUBLIC
HEARING
REQUIREMENT.— 
Subject to subparagraph (C), the Commission 
may make a change in the recommendations 
made by a department or agency only if the 
Commission conducts a public hearing on the 
Commission’s proposed changes. 
(C) LIMITATION ON PUBLIC HEARING RE-
QUIREMENT.—Subparagraph (B) shall apply 
only to a change by the Commission in a de-
partment or agency recommendation that 
would— 
(i) add or delete a program to or 
from, respectively, the list recommended 
for termination; 
(ii) add or delete a program to or 
from, respectively, the list recommended 
for modification; or 
(iii) increase or decrease the extent of 
a recommendation to modify a program, 
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included in a department’s or agency’s rec-
ommendation. 
(6) PROVISION OF INFORMATION TO MEMBERS 
OF CONGRESS.—After March 31, 2012, the Commis-
sion shall, upon request, promptly provide to any 
Member of Congress the information used by the 
Commission in making its recommendations. 
(7) 
COMPTROLLER
GENERAL.—The 
Comp-
troller General of the United States shall— 
(A) assist the Commission, to the extent 
requested, in the Commission’s review and anal-
ysis of the lists, statements, and recommenda-
tions made by departments and agencies under 
subsection (a); and 
(B) no later than April 1, 2011, or 60 
days after the public release of the President’s 
budget documents for fiscal year 2012, which-
ever is earlier, submit to the Congress and to 
the Commission a report containing a detailed 
analysis of the list, statements, and rec-
ommendations of each department or agency. 
SEC. 7. CONGRESSIONAL ACTION ON COMMISSION REC-
OMMENDATIONS. 
It is the sense of the Congress that, following submis-
sion of the report of the Program Reform Commission 
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under section 6, the House of Representatives and the 
Senate should promptly consider legislation that would 
enact changes in Federal statutes necessary to implement 
the recommendations of the Commission. 
Æ 
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