I 

111TH CONGRESS 

1ST SESSION H. R. 1802 

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of duplicative, wasteful, or outdated functions, and for other purposes.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

MARCH 30, 2009 

Mr. TIAHRT 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or outdated functions, and for other purposes. 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Accountability and Review of Federal Agencies Act’’. 


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1 SEC. 2. ESTABLISHMENT OF COMMISSION. 

2 (a) ESTABLISHMENT.—There is established the Com3 mission on the Accountability and Review of Federal 

4 Agencies (hereafter in this Act referred to as the ‘‘Com5 mission’’). 

6 (b) MEMBERSHIP.— 

7 (1) NUMBER AND APPOINTMENT.— 

8 (A) IN GENERAL.—The Commission shall 

9 be composed of 7 members appointed by the 

10 President as follows: 

11 (i) One in consultation with the 

12 Speaker of the House of Representatives. 

13 (ii) One in consultation with the mi14 nority leader of the House of Representa15 tives. 

16 (iii) One in consultation with the ma17 jority leader of the Senate. 

18 (iv) One in consultation with the mi19 nority leader of the Senate. 

20 (v) Three other members. 

21 (B) EX OFFICIO MEMBERS.—The Presi22 dent may appoint up to 4 Members of Congress 

23 (up to 2 from each House) as nonvoting ex offi24 cio members of the Commission. 

25 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem26 bers shall be appointed for the life of the Commission. Any 


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

2 shall be filled in the same manner as the original appoint3 ment. 

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

5 the date on which all members of the Commission have 

6 been appointed, the Commission shall hold its first meet7 ing. 

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

9 call of the chairperson. 

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

11 Commission shall constitute a quorum, but a lesser num12 ber of members may hold hearings. 

13 SEC. 3. DUTIES OF THE COMMISSION. 

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

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

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

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

18 (1) evaluate all agencies and programs within 

19 those agencies, using the criteria under subsection 

20 (c); and 

21 (2) submit to Congress— 

22 (A) a plan with recommendations of the 

23 agencies and programs that should be realigned 

24 or eliminated; and 


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1 (B) proposed legislation to implement the 

2 plan under subparagraph (A). 

3 (c) CRITERIA.— 

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

5 programs are performing the same essential function 

6 and the function can be consolidated or streamlined 

7 into a single agency or program, the Commission 

8 shall recommend that the agency or program be re9 aligned. 

10 (2) WASTEFUL OR INEFFICIENT.—The Com11 mission shall recommend the realignment or elimi12 nation of any agency or program that has wasted 

13 Federal funds by— 

14 (A) egregious spending; 

15 (B) mismanagement of resources and per16 sonnel; or 

17 (C) use of such funds for personal benefit 

18 or the benefit of a special interest group. 

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

20 Commission shall recommend the elimination of any 

21 agency or program that— 

22 (A) has completed its intended purpose; 

23 (B) has become irrelevant; or 

24 (C) has failed to meet its objectives. 

25 (d) REPORT.— 


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

2 the date of enactment of this Act, the Commission 

3 shall submit to the President and Congress a report 

4 that includes— 

5 (A) the plan described under subsection 

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

7 recommendations; and 

8 (B) the proposed legislation described 

9 under subsection (b)(2). 

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

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

12 saved by the implementation of the plan under para13 graph (1)(A) shall be used for deficit reduction. 

14 (3) RELOCATION OF FEDERAL EMPLOYEES.— 

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

16 shall provide that if the position of an employee of 

17 an agency is eliminated as a result of the implemen18 tation of the plan under paragraph (1)(A), the af19 fected agency shall make reasonable efforts to relo20 cate such employee to another position within the 

21 agency or within another Federal agency. 

22 SEC. 4. POWERS OF THE COMMISSION. 

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

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

25 the purpose of carrying out this Act— 


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

2 times and places, take such testimony, receive such 

3 evidence, and administer such oaths as any member 

4 of the Commission considers advisable; 

5 (2) require, by subpoena or otherwise, the at6 tendance and testimony of such witnesses as any 

7 member of the Commission considers advisable; and 

8 (3) require, by subpoena or otherwise, the pro9 duction of such books, records, correspondence, 

10 memoranda, papers, documents, tapes, and other 

11 evidentiary materials relating to any matter under 

12 investigation by the Commission. 

13 (b) ISSUANCE AND ENFORCEMENT OF SUB14 POENAS.— 

15 (1) ISSUANCE.—Subpoenas issued under sub16 section (a) shall bear the signature of the chair17 person of the Commission and shall be served by any 

18 person or class of persons designated by the chair19 person for that purpose. 

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

21 or failure to obey a subpoena issued under sub22 section (a), the United States district court for the 

23 judicial district in which the subpoenaed person re24 sides, is served, or may be found, may issue an order 

25 requiring such person to appear at any designated 


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1 place to testify or to produce documentary or other 

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

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

4 court. 

5 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

6 Commission may secure directly from any Federal depart7 ment or agency such information as the Commission con8 siders necessary to carry out this Act. Upon request of 

9 the chairperson of the Commission, the head of such de10 partment or agency shall furnish such information to the 

11 Commission. 

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

13 the United States mails in the same manner and under 

14 the same conditions as other departments and agencies of 

15 the Federal Government. 

16 SEC. 5. COMMISSION PERSONNEL MATTERS. 

17 (a) COMPENSATION OF MEMBERS.— 

18 (1) NON-FEDERAL MEMBERS.—Except as pro19 vided under subsection (b), each member of the 

20 Commission who is not an officer or employee of the 

21 Federal Government shall not be compensated. 

22 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

23 members of the Commission who are officers or em24 ployees of the United States shall serve without comVerDate Nov 24 2008 00:42 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1802.IH H1802

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1 pensation in addition to that received for their serv2 ices as officers or employees of the United States. 

3 (b) TRAVEL EXPENSES.—The members of the Com4 mission shall be allowed travel expenses, including per 

5 diem in lieu of subsistence, at rates authorized for employ6 ees of agencies under subchapter I of chapter 57 of title 

7 5, United States Code, while away from their homes or 

8 regular places of business in the performance of services 

9 for the Commission. 

10 (c) STAFF.— 

11 (1) IN GENERAL.—The chairperson of the Com12 mission may, without regard to the civil service laws 

13 and regulations, appoint and terminate an executive 

14 director and such other additional personnel as may 

15 be necessary to enable the Commission to perform 

16 its duties. The employment of an executive director 

17 shall be subject to confirmation by the Commission. 

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

19 chairperson, the executive director may fix the com20 pensation of the executive director and other per21 sonnel without regard to chapter 51 and subchapter 

22 III of chapter 53 of title 5, United States Code, re23 lating to classification of positions and General 

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

25 the executive director and other personnel may not 


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1 exceed the maximum rate payable for a position at 

2 GS–15 of the General Schedule under section 5332 

3 of such title. 

4 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

5 (A) IN GENERAL.—The executive director 

6 and any personnel of the Commission who are 

7 employees shall be employees under section 

8 2105 of title 5, United States Code, for pur9 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

10 and 90 of that title. 

11 (B) MEMBERS OF COMMISSION.—Subpara12 graph (A) shall not be construed to apply to 

13 members of the Commission. 

14 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

15 Federal Government employee may be detailed to the 

16 Commission without reimbursement, and such detail shall 

17 be without interruption or loss of civil service status or 

18 privilege. 

19 (e) PROCUREMENT OF TEMPORARY AND INTERMIT20 TENT SERVICES.—The chairperson of the Commission 

21 may procure temporary and intermittent services under 

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

23 for individuals which do not exceed the daily equivalent 

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

25 the Executive Schedule under section 5316 of such title. 


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1 SEC. 6. TERMINATION OF THE COMMISSION. 

2 The Commission shall terminate 90 days after the 

3 date on which the Commission submits the report under 

4 section 3(d). 

5 SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM 

6 PROPOSALS. 

7 (a) DEFINITIONS.—In this section— 

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

9 a bill which is introduced as provided under sub10 section (b), and contains the proposed legislation in11 cluded in the report submitted to Congress under 

12 section 3, without modification; and 

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

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

15 session because of an adjournment of more than 3 

16 days to a date certain. 

17 (b) INTRODUCTION; REFERRAL; AND REPORT OR

18 DISCHARGE.— 

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

20 on which both Houses are in session, on or imme21 diately following the date on which the report is sub22 mitted to Congress under section 3, a single imple23 mentation bill shall be introduced (by request)— 

24 (A) in the Senate by the majority leader of 

25 the Senate, for himself and the minority leader 

26 of the Senate, or by Members of the Senate 


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1 designated by the majority leader and minority 

2 leader of the Senate; and 

3 (B) in the House of Representatives by the 

4 Speaker of the House of Representatives, for 

5 himself and the minority leader of the House of 

6 Representatives, or by Members of the House of 

7 Representatives designated by the Speaker and 

8 minority leader of the House of Representa9 tives. 

10 (2) REFERRAL.—The implementation bills in11 troduced under paragraph (1) shall be referred to 

12 any appropriate committee of jurisdiction in the 

13 Senate and any appropriate committee of jurisdic14 tion in the House of Representatives. A committee 

15 to which an implementation bill is referred under 

16 this paragraph may report such bill to the respective 

17 House without amendment. 

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

19 which an implementation bill is referred has not re20 ported such bill by the end of the 15th calendar day 

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

22 committee shall be immediately discharged from fur23 ther consideration of such bill, and upon being re24 ported or discharged from the committee, such bill 

25 shall be placed on the appropriate calendar. 


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1 (c) FLOOR CONSIDERATION.— 

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

3 which an implementation bill is referred has re4 ported, or has been discharged under subsection 

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

6 though a previous motion to the same effect has 

7 been disagreed to) for any Member of the respective 

8 House to move to proceed to the consideration of the 

9 implementation bill, and all points of order against 

10 the implementation bill (and against consideration of 

11 the implementation bill) are waived. The motion is 

12 highly privileged in the House of Representatives 

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

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

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

16 consideration of other business. A motion to recon17 sider the vote by which the motion is agreed to or 

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

19 proceed to the consideration of the implementation 

20 bill is agreed to, the implementation bill shall remain 

21 the unfinished business of the respective House until 

22 disposed of. 

23 (2) AMENDMENTS.—An implementation bill 

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

25 Representatives. 


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1 (3) DEBATE.—Debate on the implementation 

2 bill, and on all debatable motions and appeals in 

3 connection therewith, shall be limited to not more 

4 than 10 hours, which shall be divided equally be5 tween those favoring and those opposing the resolu6 tion. A motion further to limit debate is in order and 

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

8 postpone, or a motion to proceed to the consider9 ation of other business, or a motion to recommit the 

10 implementation bill is not in order. A motion to re11 consider the vote by which the implementation bill is 

12 agreed to or disagreed to is not in order. 

13 (4) VOTE ON FINAL PASSAGE.—Immediately 

14 following the conclusion of the debate on an imple15 mentation bill, and a single quorum call at the con16 clusion of the debate if requested in accordance with 

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

18 passage of the implementation bill shall occur. 

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

20 Appeals from the decisions of the Chair relating to 

21 the application of the rules of the Senate or the 

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

23 procedure relating to an implementation bill shall be 

24 decided without debate. 


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1 (d) COORDINATION WITH ACTION BY OTHER

2 HOUSE.—If, before the passage by 1 House of an imple3 mentation bill of that House, that House receives from 

4 the other House an implementation bill, then the following 

5 procedures shall apply: 

6 (1) NONREFERRAL.—The implementation bill 

7 of the other House shall not be referred to a com8 mittee. 

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

10 respect to an implementation bill of the House re11 ceiving the implementation bill— 

12 (A) the procedure in that House shall be 

13 the same as if no implementation bill had been 

14 received from the other House; but 

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

16 the implementation bill of the other House. 

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

18 REPRESENTATIVES.—This section is enacted by Con19 gress— 

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

21 the Senate and House of Representatives, respec22 tively, and as such it is deemed a part of the rules 

23 of each House, respectively, but applicable only with 

24 respect to the procedure to be followed in that 

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1 scribed in subsection (a), and it supersedes other 

2 rules only to the extent that it is inconsistent with 

3 such rules; and 

4 (2) with full recognition of the constitutional 

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

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

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

8 the case of any other rule of that House. 

9 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated such sums 

11 as may be necessary for each of fiscal years 2010 through 

12 2013 for carrying out this Act. 

Æ 


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