,i #aacth ,,congress #b;d ,session ,h4 ,r4 #egii ,,in ,,the ,,house ,,of ,,representatives ,december #d1 #bjad ,mr4 ,fleming introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committees on ,rules and ,appropriations1 for a period to be subsequently determined by the ,speaker1 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review of ,federal agencies and programs and to recommend the elimination or realignment of duplicative1 wasteful1 or outdated functions1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,realign and ,eliminate ,duplicative ,unnecessary ,costly ,excess in ,government ,act of #bjad or the ,,reduce ,government ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,establishment of ,commission4 ,sec4 #d4 ,duties of the ,commission4 ,sec4 #e4 ,powers of the ,commission4 ,sec4 #f4 ,commission personnel matters4 ,sec4 #g4 ,termination of the ,commission4 ,sec4 #h4 ,closure and realignment of agencies and programs4 ,sec4 #i4 ,congressional consideration of commission recommendations4 ,sec4 #aj4 ,offsetting rescissions4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given the term ,executive agency under section #aje of title #e1 ,united ,states ,code4 7#b7 ,calendar day ,the term calendar day means a calendar day other than one on which either ,house is not in session because of an adjournment of more than three days to a date certain4 7#c7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each territory or possession of the ,united ,states1 and each federally recognized ,indian tribe4 #c4 ,establishment of ,commission 7a7 ,establishment ,there is established the ,federal ,realignment and ,closure ,commission 7hereafter in this ,act referred to as the ,commission74 7b7 ,membership 7#a7 ,number and appointment ,the ,commission shall be composed of #i members1 appointed by the ,president by and with the advice and consent of the ,senate as follows3 7,a7 ,two in consultation with the ,speaker of the ,house of ,representatives4 7,b7 ,one in consultation with the minority leader of the ,house of ,representatives4 7,c7 ,two in consultation with the majority leader of the ,senate4 7,d7 ,one in consultation with the minority leader of the ,senate4 7#b7 ,member restriction ,a member of the ,commission may not be a sitting ,member of ,congress or a current employee of the executive branch4 7#c7 ,chairman and vice chairman ,at the time the ,president appoints individuals to the ,commission under this paragraph1 the ,president shall designate #a such individual who shall serve as chairman and #a such individual who shall serve as vice chairman4 ,the chairman and vice chairman may not be of the same political party4 7c7 ,period of appointment2 vacancies ,members shall be appointed for the life of the ,commission4 ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner as the original appointment4 7d7 ,initial ,meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold its first meeting4 7e7 ,meetings ,the ,commission shall meet at the call of the chairman4 7f7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 #d4 ,duties of the ,commission 7a7 ,systematic ,assessment of ,programs by the ,commission 7#a7 ,in general ,except as provided in paragraph 7#d71 not later than #ahj days after the date of enactment of this ,act1 the ,commission shall establish a systematic method for assessing the effectiveness and accountability of agency programs in accordance with paragraph 7#b7 and divide the programs into three approximately equal budgetary groupings based on the size of the budget and number of personnel of the agency program4 7#b7 ,method objectives ,the method established under paragraph 7#a7 shall-- 7,a7 recognize different types of ,federal programs2 7,b7 assess programs based on the achievement of performance goals 7as defined under section #aaae7;h77#i7 of title #ca1 ,united ,states ,code72 7,c7 assess programs based in part on the adequacy of the program's performance measures1 financial management1 and other factors2 7,d7 assess programs based in part on whether the program has fulfilled the legislative intent surrounding the creation of the program1 taking into account any change in legislative intent during the program's existence2 and 7,e7 assess programs based in part on collaborative analysis1 with the program or agency1 of program policy and goals which may not fit into easily measurable performance goals4 7#c7 ,comptroller general recommendations ,the ,comptroller ,general of the ,united ,states shall-- 7,a7 assist the ,commission1 to the extent requested1 in the ,commission's evaluation of agencies and programs under subsection 7b77#a72 and 7,b7 by no later than ,march #cj of each year in which an evaluation is carried out under subsection 7b77#a71 submit to the ,commission a report containing the ,comptroller ,general's recommendations for the agencies and programs that should be realigned or eliminated within the grouping evaluated that year4 7#d7 ,department of ,defense exemption ,the ,commission shall not consider ,department of ,defense programs4 7b7 ,evaluation1 ,plan1 and ,recommendations 7#a7 ,evaluation ,subject to subsection 7e71 during each of #bjae1 #bjag1 and #bjai the ,commission shall evaluate all agencies1 and programs within those agencies1 in a grouping identified in the assessment under subsection 7a71 with one grouping evaluated each year over those three years1 using the criteria under paragraph 7#c74 ,in carrying out the evaluation1 the ,commission shall consider the report of the ,comptroller ,general submitted under subsection 7a77#c74 7#b7 ,plan and recommendations 7,a7 ,in general ,not later than ,june #cj of a year in which an evaluation is carried out under paragraph 7#a71 the ,commission shall1 with respect to the evaluation carried out during that year1 submit to the ,president and ,congress a plan with recommendations of the agencies and programs that should be realigned or eliminated within the grouping evaluated that year4 7,b7 ,implementation description required ,the plan described in subparagraph 7,a7 shall include a detailed description of the actions necessary to implement the plan and complete the reorganization1 including a projected timetable for completion of the implementation process4 7,c7 ,plan approval ,the plan must be approved by at least #e members of the ,commission4 7#c7 ,criteria 7,a7 ,in general ,the ,commission shall evaluate the efficiency and public need for each agency using the following criteria3 7i7 ,the effectiveness1 and the efficiency of the operation of1 the programs carried out by each such agency4 7ii7 ,whether the programs carried out by the agency are cost effective4 7iii7 ,whether the agency or program has acted outside the scope of its original authority1 and whether the original objectives of the agency have been achieved4 7iv7 ,the extent to which the jurisdiction of1 and the programs administered by1 the agency duplicate or conflict with the jurisdiction and programs of other agencies4 7v7 ,the potential benefits of consolidating programs administered by the agency with similar or duplicative programs of other agencies1 and the potential for consolidating such programs4 7vi7 ,the extent to which the agency has complied with the applicable provisions contained in sections #aaae1 #aaaf1 #aabj1 #aaba1 #aabc1 and #aabd of title #ca1 ,united ,states ,code1 and section #cjf of title #e1 ,united ,states ,code1 as well as recommendations contained in the reports required by such sections4 7vii7 ,the extent to which ,state and local governments already collect information or perform services conducted by the ,federal program or agency4 7,b7 ,duplicative ,if #b or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program1 the ,commission shall recommend that the agencies or programs be realigned4 7,c7 ,wasteful or inefficient ,the ,commission may recommend the realignment or elimination of any agency or program that has wasted ,federal funds by-- 7i7 spending funds on items outside the authorized mission or purpose of the agency or program2 7ii7 mismanagement of resources and personnel2 or 7iii7 use of such funds for personal benefit or the benefit of a special interest group4 7,d7 ,outdated1 irrelevant1 or failed ,the ,commission shall recommend the elimination of any agency or program that-- 7i7 has completed its intended purpose1 if such purpose is defined under the law2 7ii7 has become irrelevant2 or 7iii7 has failed to meet its objectives4 7#d7 ,relocation of ,federal employees ,the plan under paragraph 7#b7 shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan1 the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another ,federal agency4 7#e7 ,use of savings ,all funds saved by the implementation of the plan shall be used for deficit reduction4 7#f7 ,limitation on recommendations in plan ,the plan under paragraph 7#b7-- 7,a7 may not recommend the creation of a new agency1 unless such agency is the result of a consolidation of existing agencies1 the result of such consolidation producing an overall reduction in amounts provided in annual appropriations ,acts and the number of personnel2 7,b7 may recommend the removal of part of an agency from an agency2 and 7,c7 may not recommend-- 7i7 continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the realignment had not been made2 7ii7 continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the realignment had not been made2 7iii7 authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to ,congress2 7iv7 increasing the term of an office beyond that provided by law for the office2 7v7 the consolidation or realignment of any entity outside of the executive branch1 including moving an agency outside the executive branch2 or 7vi7 the modification of any funding that is not an appropriation4 7#g7 ,information to ,members of ,congress ,after ,june #cj of each year in which the ,commission submits a plan and recommendations to the ,president and ,congress under this subsection1 the ,commission shall promptly provide1 upon request1 to any ,member of ,congress information used by the ,commission in making its recommendations4 7c7 ,consideration of suggestions from public through website ,in carrying out its duties under this ,act1 the ,commission shall-- 7#a7 establish a website for the purpose of allowing any member of the public to submit suggestions to the ,commission for its consideration2 and 7#b7 consider each such suggestion submitted through the website4 7d7 ,review by the ,president 7#a7 ,evaluation required ,the ,president shall1 by no later than ,august #ae of a year in which the ,commission carries out an evaluation under subsection 7b77#a71 transmit to the ,commission and to ,congress a report containing the ,president's approval or disapproval of the ,commission's plan and recommendations4 7#b7 ,approval of plan ,the ,president may approve the plan and recommendations of the ,commission if the ,president finds that the plan is in accordance with the criteria and limitation described in paragraphs 7#c7 and 7#f7 of subsection 7b71 respectively4 ,if the ,president approves all the plan and recommendations of the ,commission1 the ,president shall transmit a copy of such plan and recommendations to ,congress1 together with a certification of such approval4 7#c7 ,disapproval of plan ,if the ,president disapproves the plan and recommendations of the ,commission1 in whole or in part1 the ,president shall transmit to the ,commission and ,congress the reasons for that disapproval4 ,the ,commission shall then transmit to the ,president1 by no later than ,september #ae of the year in which the evaluation was carried out1 a revised list of recommendations for the closure or realignment of agencies and programs4 7#d7 ,approval of revised plan ,if the ,president finds that the revised plan is in accordance with the criteria and limitation described in paragraphs 7#c7 and 7#f7 of subsection 7b71 respectively1 and approves all of the revised plan and recommendations of the ,commission transmitted to the ,president under paragraph 7#c71 the ,president shall transmit a copy of such revised plan and recommendations to ,congress1 together with a certification of such approval4 7#e7 ,termination of assessment ,if the ,president does not transmit to ,congress an approval and certification described in paragraph 7#b7 or 7#d7 by ,october #ae of any year in which the ,commission has transmitted its plan and recommendations to the ,president under this section1 the process by which agencies and programs may be selected for realignment or elimination under this ,act with respect to that year shall be terminated4 7e7 ,carryforward of grouping and evaluation ,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 7d77#e7 if the termination occurs in #bjae or #bjag1 the grouping of agencies and programs evaluated that year shall be included in the grouping evaluated under subsection 7b77#a7 in the next year an evaluation is conducted4 #e4 ,powers of the ,commission 7a7 ,hearings 7#a7 ,in general ,the ,commission or1 at its direction1 any subcommittee or member of the ,commission1 may1 for the purpose of carrying out this ,act-- 7,a7 hold such hearings1 sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths as any member of the ,commission considers advisable2 7,b7 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses as any member of the ,commission considers advisable2 and 7,c7 require1 by subpoena or otherwise1 the production of such books1 records1 correspondence1 memoranda1 papers1 documents1 tapes1 and other evidentiary materials relating to any matter under investigation by the ,commission4 7#b7 ,testimony under oath ,all testimony before the ,commission shall be under oath4 7b7 ,issuance and ,enforcement of ,subpoenas 7#a7 ,issuance ,subpoenas issued under subsection 7a7 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 purpose4 7#b7 ,enforcement ,in the case of contumacy or failure to obey a subpoena issued under subsection 7a71 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as a contempt of that court4 7c7 ,information ,from ,federal ,agencies ,the ,commission may secure directly from any ,federal department or agency such information as the ,commission considers necessary to carry out this ,act4 ,upon request of the chairman of the ,commission1 the head of such department or agency shall furnish such information to the ,commission4 7d7 ,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 ,government4 #f4 ,commission personnel matters 7a7 ,compensation of ,members 7#a7 ,non-federal members ,except as provided under subsection 7b71 each member of the ,commission who is not an officer or employee of the ,federal ,government shall not be compensated4 7#b7 ,federal employees ,all members of the ,commission who are employees of the ,united ,states shall serve without compensation in addition to that received for their services as employees of the ,united ,states4 7b7 ,travel ,expenses ,the members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7c7 ,staff 7#a7 ,in general ,the chairman of the ,commission may1 without regard to the civil service laws and regulations1 appoint and terminate an executive director and such other additional personnel as may be necessary to enable the ,commission to perform its duties4 ,the employment of an executive director shall be subject to confirmation by the ,commission4 7#b7 ,compensation ,upon the approval of the chairman1 the executive director may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at ,,gs-#ae of the ,general ,schedule under section #eccb of such title4 7#c7 ,personnel as ,federal employees 7,a7 ,in general ,the executive director and any personnel of the ,commission who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and #ij of that title4 7,b7 ,members of commission ,subparagraph 7,a7 shall not be construed to apply to members of the ,commission4 7d7 ,detail of ,government ,employees ,any ,federal ,government employee may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7e7 ,security clearance ,as a condition of appointment to or employment with the ,commission1 the members and staff of the ,commission shall hold appropriate security clearances for access to any classified briefing1 records1 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 directives4 7f7 ,library of ,congress ,upon the request of the ,commission1 the ,librarian of ,congress shall provide to the ,commission1 on a reimbursable basis1 administrative support services1 research services1 and research staff necessary for the ,commission to carry out its responsibilities under this ,act4 7g7 ,procurement of ,temporary and ,intermittent ,services ,the chairman of the ,commission may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of such title4 #g4 ,termination of the ,commission ,the ,commission shall terminate #abj days after the date on which the ,commission submits the final plan and recommendations under section #c7;b74 #h4 ,closure and realignment of agencies and programs 7a7 ,in general ,subject to subsection 7b71 the ,president shall-- 7#a7 eliminate all agencies and programs recommended for elimination by the ,commission in each report submitted to ,congress by the ,president under section #d7;d72 7#b7 realign all agencies and programs recommended for realignment by such ,commission in each such report2 7#c7 initiate all such eliminations and realignments no later than #b years after the date on which the ,president submits a report to ,congress under section #d7;d7 containing the recommendations for such eliminations or realignments2 and 7#d7 complete all such eliminations and realignments no later than the end of the #f-year period beginning on the date on which the ,president submits the report under section #d7;d7 containing the recommendations for such closures or realignments4 7b7 ,congressional disapproval 7#a7 ,in general ,the ,president may not carry out any elimination or realignment recommended in a report submitted by the ,president under section #d7;d7 if a joint resolution is enacted1 in accordance with the provisions of section #i1 disapproving such recommendations before the earlier of-- 7,a7 the end of the #de-;day period beginning on the date on which the ,president submits such report2 or 7,b7 the adjournment of ,congress sine die for the session during which such report is submitted4 7#b7 ,computation of days ,for purposes of paragraph 7#a7 of this subsection and subsections 7a7 and 7c7 of section #i1 the days on which either ,house of ,congress is not in session because of adjournment of more than #c days to a day certain shall be excluded in the computation of a period4 #i4 ,congressional consideration of commission recommendations 7a7 ,terms of the resolution ,for purposes of section #h7;b71 the term joint resolution means only a joint resolution which is introduced within the #aj-;day period beginning on the date on which the ,president submits the report to ,congress under section #d7;d71 and-- 7#a7 which does not have a preamble2 7#b7 the matter after the resolving clause of which is as follows3 ,that ,congress disapproves the recommendations of the ,federal ,realignment and ,closure ,commission as submitted by the ,president on 1 the blank space being filled in with the appropriate date2 and 7#c7 the title of which is as follows3 ,joint resolution disapproving the recommendations of the ,federal ,realignment and ,closure ,commission44 7b7 ,referral ,a resolution described in subsection 7a7 that is introduced in the ,house of ,representatives shall be referred to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 ,a resolution described in subsection 7a7 introduced in the ,senate shall be referred to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7c7 ,discharge ,if the committee to which a resolution described in subsection 7a7 is referred has not reported such a resolution 7or an identical resolution7 by the end of the #bj-;day period beginning on the date on which the ,president submits the report to ,congress under section #d7;d71 such committee shall be1 at the end of such period1 discharged from further consideration of such resolution1 and such resolution shall be placed on the appropriate calendar of the ,house involved4 7d7 ,consideration 7#a7 ,in general ,on or after the third day after the date on which the committee to which such a resolution is referred has reported1 or has been discharged 7under subsection 7c77 from further consideration of1 such a resolution1 it is in order 7even though a previous motion to the same effect has been disagreed to7 for any ,member of the respective ,house to move to proceed to the consideration of the resolution4 ,a ,member may make the motion only on the day after the calendar day on which the ,member announces to the ,house concerned the ,member's intention to make the motion1 except that1 in the case of the ,house of ,representatives1 the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred4 ,the motion is highly privileged in the ,house of ,representatives and is privileged in the ,senate and is not debatable4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the resolution is agreed to1 the respective ,house shall immediately proceed to consideration of the joint resolution without intervening motion1 order1 or other business1 and the resolution shall remain the unfinished business of the respective ,house until disposed of4 7#b7 ,debate ,debate on the resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #b hours1 which shall be divided equally between those favoring and those opposing the resolution4 ,an amendment to the resolution is not in order4 ,a motion further to limit debate is in order and not debatable4 ,a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the resolution is not in order4 ,a motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order4 7#c7 ,vote on final passage ,immediately following the conclusion of the debate on a resolution described in subsection 7a7 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate ,house1 the vote on final passage of the resolution shall occur4 7#d7 ,appeals on decisions by the ,chair ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate or the ,house of ,representatives1 as the case may be1 to the procedure relating to a resolution described in subsection 7a7 shall be decided without debate4 7e7 ,consideration by other ,house 7#a7 ,disposition of resolution ,if1 before the passage by one ,house of a resolution of that ,house described in subsection 7a71 that ,house receives from the other ,house a resolution described in subsection 7a71 then the following procedures shall apply-- 7,a7 the resolution of the other ,house shall not be referred to a committee and may not be considered in the ,house receiving it except in the case of final passage as provided in subparagraph 7,b77ii72 and 7,b7 with respect to a resolution described in subsection 7a7 of the ,house receiving the resolution 7i7 the procedure in that ,house shall be the same as if no resolution had been received from the other ,house2 but 7ii7 the vote on final passage shall be on the resolution of the other ,house4 7#b7 ,not in order to consider other resolution ,upon disposition of the resolution received from the other ,house1 it shall no longer be in order to consider the resolution that originated in the receiving ,house4 7f7 ,rules of the ,senate and ,house ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a resolution described in subsection 7a71 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #aj4 ,offsetting rescissions ,of the unobligated balance of funds available for each of the following accounts1 #c1jjj1jjj is rescinded from each such account3 7#a7 ,department of ,health and ,human ,services--,office of the ,secretary--,general ,departmental ,management4 7#b7 ,agricultural ,programs--,departmental ,administration4 7#c7 ,department of ,education--,departmental ,management--,program ,administration4 7#d7 ,department of ,housing and ,urban ,development--,management and ,administration--,administration1 ,operations1 and ,management4 7#e7 ,department of the ,interior--,departmental ,offices--,office of the ,secretary--,departmental ,operations4