I 

110TH CONGRESS 

1ST SESSION H. R. 2416 

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of duplicative, wasteful, or outdated functions, and for other purposes.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 

MAY 21, 2007 

Mr. TIAHRT (for himself, Mrs. JO ANN DAVIS of Virginia, Mr. MILLER of 

Florida, Mr. BARTLETT of Maryland, Mr. WILSON of South Carolina, 

Mrs. MYRICK, Mr. HAYES, Mr. FRANKS of Arizona, Mr. DOOLITTLE, Mr. 

BURTON of Indiana, Mr. CONAWAY, Mr. FORBES, Mr. PENCE, Mrs. 

SCHMIDT, Mr. MANZULLO, and Mr. WALBERG) introduced the following 

bill; which was referred to the Committee 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or outdated functions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Commission on the 

3 Accountability and Review of Federal Agencies Act’’. 

4 SEC. 2. ESTABLISHMENT OF COMMISSION. 

5 (a) ESTABLISHMENT.—There is established the Com6 mission on the Accountability and Review of Federal 

7 Agencies (hereafter in this Act referred to as the ‘‘Com8 mission’’). 

9 (b) MEMBERSHIP.— 

10 (1) NUMBER AND APPOINTMENT.— 

11 (A) IN GENERAL.—The Commission shall 

12 be composed of 7 members appointed by the 

13 President as follows: 

14 (i) One in consultation with the 

15 Speaker of the House of Representatives. 

16 (ii) One in consultation with the mi17 nority leader of the House of Representa18 tives. 

19 (iii) One in consultation with the ma20 jority leader of the Senate. 

21 (iv) One in consultation with the mi22 nority leader of the Senate. 

23 (v) Three other members. 

24 (B) EX OFFICIO MEMBERS.—The Presi25 dent may appoint up to 4 Members of Congress 


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1 (up to 2 from each House) as nonvoting ex offi2 cio members of the Commission. 

3 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem4 bers shall be appointed for the life of the Commission. Any 

5 vacancy in the Commission shall not affect its powers, but 

6 shall be filled in the same manner as the original appoint7 ment. 

8 (d) INITIAL MEETING.—Not later than 30 days after 

9 the date on which all members of the Commission have 

10 been appointed, the Commission shall hold its first meet11 ing. 

12 (e) MEETINGS.—The Commission shall meet at the 

13 call of the chairperson. 

14 (f) QUORUM.—A majority of the members of the 

15 Commission shall constitute a quorum, but a lesser num16 ber of members may hold hearings. 

17 SEC. 3. DUTIES OF THE COMMISSION. 

18 (a) DEFINITION.—The term ‘‘agency’’, as used in 

19 this section, has the meaning given the term ‘‘executive 

20 agency’’ under section 105 of title 5, United States Code. 

21 (b) IN GENERAL.—The Commission shall— 

22 (1) evaluate all agencies and programs within 

23 those agencies, using the criteria under subsection 

24 (c); and 

25 (2) submit to Congress— 


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1 (A) a plan with recommendations of the 

2 agencies and programs that should be realigned 

3 or eliminated; and 

4 (B) proposed legislation to implement the 

5 plan under subparagraph (A). 

6 (c) CRITERIA.— 

7 (1) DUPLICATIVE.—If 2 or more agencies or 

8 programs are performing the same essential function 

9 and the function can be consolidated or streamlined 

10 into a single agency or program, the Commission 

11 shall recommend that the agency or program be re12 aligned. 

13 (2) WASTEFUL OR INEFFICIENT.—The Com14 mission shall recommend the realignment or elimi15 nation of any agency or program that has wasted 

16 Federal funds by— 

17 (A) egregious spending; 

18 (B) mismanagement of resources and per19 sonnel; or 

20 (C) use of such funds for personal benefit 

21 or the benefit of a special interest group. 

22 (3) OUTDATED, IRRELEVANT, OR FAILED.—The 

23 Commission shall recommend the elimination of any 

24 agency or program that— 

25 (A) has completed its intended purpose; 


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1 (B) has become irrelevant; or 

2 (C) has failed to meet its objectives. 

3 (d) REPORT.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of this Act, the Commission 

6 shall submit to the President and Congress a report 

7 that includes— 

8 (A) the plan described under subsection 

9 (b)(1) with supporting documentation for all 

10 recommendations; and 

11 (B) the proposed legislation described 

12 under subsection (b)(2). 

13 (2) USE OF SAVINGS.—The proposed legislation 

14 under paragraph (1)(B) shall provide that all funds 

15 saved by the implementation of the plan under para16 graph (1)(A) shall be used for deficit reduction. 

17 (3) RELOCATION OF FEDERAL EMPLOYEES.— 

18 The proposed legislation under paragraph (1)(B) 

19 shall provide that if the position of an employee of 

20 an agency is eliminated as a result of the implemen21 tation of the plan under paragraph (1)(A), the af22 fected agency shall make reasonable efforts to relo23 cate such employee to another position within the 

24 agency or within another Federal agency. 


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1 SEC. 4. POWERS OF THE COMMISSION. 

2 (a) HEARINGS.—The Commission or, at its direction, 

3 any subcommittee or member of the Commission, may, for 

4 the purpose of carrying out this Act— 

5 (1) hold such hearings, sit and act at such 

6 times and places, take such testimony, receive such 

7 evidence, and administer such oaths as any member 

8 of the Commission considers advisable; 

9 (2) require, by subpoena or otherwise, the at10 tendance and testimony of such witnesses as any 

11 member of the Commission considers advisable; and 

12 (3) require, by subpoena or otherwise, the pro13 duction of such books, records, correspondence, 

14 memoranda, papers, documents, tapes, and other 

15 evidentiary materials relating to any matter under 

16 investigation by the Commission. 

17 (b) ISSUANCE AND ENFORCEMENT OF SUB18 POENAS.— 

19 (1) ISSUANCE.—Subpoenas issued under sub20 section (a) shall bear the signature of the chair21 person of the Commission and shall be served by any 

22 person or class of persons designated by the chair23 person for that purpose. 

24 (2) ENFORCEMENT.—In the case of contumacy 

25 or failure to obey a subpoena issued under sub26 section (a), the United States district court for the 


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1 judicial district in which the subpoenaed person re2 sides, is served, or may be found, may issue an order 

3 requiring such person to appear at any designated 

4 place to testify or to produce documentary or other 

5 evidence. Any failure to obey the order of the court 

6 may be punished by the court as a contempt of that 

7 court. 

8 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

9 Commission may secure directly from any Federal depart10 ment or agency such information as the Commission con11 siders necessary to carry out this Act. Upon request of 

12 the chairperson of the Commission, the head of such de13 partment or agency shall furnish such information to the 

14 Commission. 

15 (d) POSTAL SERVICES.—The Commission may use 

16 the United States mails in the same manner and under 

17 the same conditions as other departments and agencies of 

18 the Federal Government. 

19 SEC. 5. COMMISSION PERSONNEL MATTERS. 

20 (a) COMPENSATION OF MEMBERS.— 

21 (1) NON-FEDERAL MEMBERS.—Except as pro22 vided under subsection (b), each member of the 

23 Commission who is not an officer or employee of the 

24 Federal Government shall not be compensated. 


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1 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

2 members of the Commission who are officers or em3 ployees of the United States shall serve without com4 pensation in addition to that received for their serv5 ices as officers or employees of the United States. 

6 (b) TRAVEL EXPENSES.—The members of the Com7 mission shall be allowed travel expenses, including per 

8 diem in lieu of subsistence, at rates authorized for employ9 ees of agencies under subchapter I of chapter 57 of title 

10 5, United States Code, while away from their homes or 

11 regular places of business in the performance of services 

12 for the Commission. 

13 (c) STAFF.— 

14 (1) IN GENERAL.—The chairperson of the Com15 mission may, without regard to the civil service laws 

16 and regulations, appoint and terminate an executive 

17 director and such other additional personnel as may 

18 be necessary to enable the Commission to perform 

19 its duties. The employment of an executive director 

20 shall be subject to confirmation by the Commission. 

21 (2) COMPENSATION.—Upon the approval of the 

22 chairperson, the executive director may fix the com23 pensation of the executive director and other per24 sonnel without regard to chapter 51 and subchapter 

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1 lating to classification of positions and General 

2 Schedule pay rates, except that the rate of pay for 

3 the executive director and other personnel may not 

4 exceed the maximum rate payable for a position at 

5 GS–15 of the General Schedule under section 5332 

6 of such title. 

7 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

8 (A) IN GENERAL.—The executive director 

9 and any personnel of the Commission who are 

10 employees shall be employees under section 

11 2105 of title 5, United States Code, for pur12 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

13 and 90 of that title. 

14 (B) MEMBERS OF COMMISSION.—Subpara15 graph (A) shall not be construed to apply to 

16 members of the Commission. 

17 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

18 Federal Government employee may be detailed to the 

19 Commission without reimbursement, and such detail shall 

20 be without interruption or loss of civil service status or 

21 privilege. 

22 (e) PROCUREMENT OF TEMPORARY AND INTERMIT23 TENT SERVICES.—The chairperson of the Commission 

24 may procure temporary and intermittent services under 

25 section 3109(b) of title 5, United States Code, at rates 


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1 for individuals which do not exceed the daily equivalent 

2 of the annual rate of basic pay prescribed for level V of 

3 the Executive Schedule under section 5316 of such title. 

4 SEC. 6. TERMINATION OF THE COMMISSION. 

5 The Commission shall terminate 90 days after the 

6 date on which the Commission submits the report under 

7 section 3(d). 

8 SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM 

9 PROPOSALS. 

10 (a) DEFINITIONS.—In this section— 

11 (1) the term ‘‘implementation bill’’ means only 

12 a bill which is introduced as provided under sub13 section (b), and contains the proposed legislation in14 cluded in the report submitted to Congress under 

15 section 3, without modification; and 

16 (2) the term ‘‘calendar day’’ means a calendar 

17 day other than 1 on which either House is not in 

18 session because of an adjournment of more than 3 

19 days to a date certain. 

20 (b) INTRODUCTION; REFERRAL; AND REPORT OR

21 DISCHARGE.— 

22 (1) INTRODUCTION.—On the first calendar day 

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1 mitted to Congress under section 3, a single imple2 mentation bill shall be introduced (by request)— 

3 (A) in the Senate by the Majority Leader 

4 of the Senate, for himself and the Minority 

5 Leader of the Senate, or by Members of the 

6 Senate designated by the Majority Leader and 

7 Minority Leader of the Senate; and 

8 (B) in the House of Representatives by the 

9 Speaker of the House of Representatives, for 

10 himself and the Minority Leader of the House 

11 of Representatives, or by Members of the House 

12 of Representatives designated by the Speaker 

13 and Minority Leader of the House of Rep14 resentatives. 

15 (2) REFERRAL.—The implementation bills in16 troduced under paragraph (1) shall be referred to 

17 any appropriate committee of jurisdiction in the 

18 Senate and any appropriate committee of jurisdic19 tion in the House of Representatives. A committee 

20 to which an implementation bill is referred under 

21 this paragraph may report such bill to the respective 

22 House without amendment. 

23 (3) REPORT OR DISCHARGE.—If a committee to 

24 which an implementation bill is referred has not re25 ported such bill by the end of the 15th calendar day 


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1 after the date of the introduction of such bill, such 

2 committee shall be immediately discharged from fur3 ther consideration of such bill, and upon being re4 ported or discharged from the committee, such bill 

5 shall be placed on the appropriate calendar. 

6 (c) FLOOR CONSIDERATION.— 

7 (1) IN GENERAL.—When the committee to 

8 which an implementation bill is referred has re9 ported, or has been discharged under subsection 

10 (b)(3), it is at any time thereafter in order (even 

11 though a previous motion to the same effect has 

12 been disagreed to) for any Member of the respective 

13 House to move to proceed to the consideration of the 

14 implementation bill, and all points of order against 

15 the implementation bill (and against consideration of 

16 the implementation bill) are waived. The motion is 

17 highly privileged in the House of Representatives 

18 and is privileged in the Senate and is not debatable. 

19 The motion is not subject to amendment, or to a 

20 motion to postpone, or to a motion to proceed to the 

21 consideration of other business. A motion to recon22 sider the vote by which the motion is agreed to or 

23 disagreed to shall not be in order. If a motion to 

24 proceed to the consideration of the implementation 

25 bill is agreed to, the implementation bill shall remain 


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1 the unfinished business of the respective House until 

2 disposed of. 

3 (2) AMENDMENTS.—An implementation bill 

4 may not be amended in the Senate or the House of 

5 Representatives. 

6 (3) DEBATE.—Debate on the implementation 

7 bill, and on all debatable motions and appeals in 

8 connection therewith, shall be limited to not more 

9 than 10 hours, which shall be divided equally be10 tween those favoring and those opposing the resolu11 tion. A motion further to limit debate is in order and 

12 not debatable. An amendment to, or a motion to 

13 postpone, or a motion to proceed to the consider14 ation of other business, or a motion to recommit the 

15 implementation bill is not in order. A motion to re16 consider the vote by which the implementation bill is 

17 agreed to or disagreed to is not in order. 

18 (4) VOTE ON FINAL PASSAGE.—Immediately 

19 following the conclusion of the debate on an imple20 mentation bill, and a single quorum call at the con21 clusion of the debate if requested in accordance with 

22 the rules of the appropriate House, the vote on final 

23 passage of the implementation bill shall occur. 

24 (5) RULINGS OF THE CHAIR ON PROCEDURE.— 

25 Appeals from the decisions of the Chair relating to 


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1 the application of the rules of the Senate or the 

2 House of Representatives, as the case may be, to the 

3 procedure relating to an implementation bill shall be 

4 decided without debate. 

5 (d) COORDINATION WITH ACTION BY OTHER

6 HOUSE.—If, before the passage by 1 House of an imple7 mentation bill of that House, that House receives from 

8 the other House an implementation bill, then the following 

9 procedures shall apply: 

10 (1) NONREFERRAL.—The implementation bill 

11 of the other House shall not be referred to a com12 mittee. 

13 (2) VOTE ON BILL OF OTHER HOUSE.—With 

14 respect to an implementation bill of the House re15 ceiving the implementation bill— 

16 (A) the procedure in that House shall be 

17 the same as if no implementation bill had been 

18 received from the other House; but 

19 (B) the vote on final passage shall be on 

20 the implementation bill of the other House. 

21 (e) RULES OF THE SENATE AND THE HOUSE OF

22 REPRESENTATIVES.—This section is enacted by Con23 gress— 

24 (1) as an exercise of the rulemaking power of 

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1 tively, and as such it is deemed a part of the rules 

2 of each House, respectively, but applicable only with 

3 respect to the procedure to be followed in that 

4 House in the case of an implementation bill de5 scribed in subsection (a), and it supersedes other 

6 rules only to the extent that it is inconsistent with 

7 such rules; and 

8 (2) with full recognition of the constitutional 

9 right of either House to change the rules (so far as 

10 relating to the procedure of that House) at any time, 

11 in the same manner, and to the same extent as in 

12 the case of any other rule of that House. 

13 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated such sums 

15 as may be necessary for each of fiscal years 2008 through 

16 2011 for carrying out this Act. 

Æ 


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