II 

109TH CONGRESS 

1ST SESSION S. 1155 

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of duplicative, wasteful, or outdated functions, and for other purposes.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 SENATE OF THE UNITED STATES 

MAY 26, 2005 

Mr. BROWNBACK (for himself, Mr. ALEXANDER, Mr. ALLARD, Mr. BUNNING, 

Mr. CHAMBLISS, Mr. COBURN, Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, Mr. 

DEMINT, Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, Mrs. HUTCHISON, Mr. 

INHOFE, Mr. ISAKSON, Mr. MCCAIN, Mr. SANTORUM, Mr. SESSIONS, Mr. 

SUNUNU, Mr. TALENT, and Mr. THUNE) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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or outdated functions, and for other purposes. 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) IN GENERAL.—The Commission shall con8 sist of 12 members, of which, not later than 90 days 

9 after the date of enactment of this Act— 

10 (A) 4 shall be appointed by the President; 

11 (B) 2 shall be appointed by the Majority 

12 Leader of the Senate; 

13 (C) 2 shall be appointed by the Minority 

14 Leader of the Senate; 

15 (D) 2 shall be appointed by the Speaker of 

16 the House of Representatives; and 

17 (E) 2 shall be appointed by the Minority 

18 Leader of the House of Representatives. 

19 (2) CHAIRPERSON AND VICE CHAIRPERSON.— 

20 The President shall designate a chairperson and vice 

21 chairperson from among the members of the Com22 mission. 

23 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem24 bers shall be appointed for the life of the Commission. Any 

25 vacancy in the Commission shall not affect its powers, but 
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1 shall be filled in the same manner as the original appoint2 ment. 

3 (d) MEETINGS.— 

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

5 after the date on which all members of the Commis6 sion have been appointed, the Commission shall hold 

7 its first meeting. 

8 (2) SUBSEQUENT MEETINGS.—The Commission 

9 shall meet at the call of the chairperson. 

10 (e) 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) DEFINITIONS.—In this section, the following defi15 nitions shall apply: 

16 (1) AGENCY.—The term ‘‘agency’’ means— 

17 (A) an Executive agency, as defined under 

18 section 105 of title 5, United States Code; and 

19 (B) the Executive Office of the President. 

20 (2) PROGRAM.—The term ‘‘program’’ means 

21 any activity or function of an agency. 

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

23 (1) evaluate all agencies and programs within 

24 those agencies, using the criteria under subsection 

25 (c); and 
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1 (2) submit to Congress— 

2 (A) a plan with recommendations of the 

3 agencies and programs that should be realigned 

4 or eliminated; and 

5 (B) proposed legislation to implement the 

6 plan described under subparagraph (A). 

7 (c) CRITERIA.— 

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

9 programs are performing the same essential function 

10 and the function can be consolidated or streamlined 

11 into a single agency or program, the Commission 

12 shall recommend that the agencies or programs be 

13 realigned. 

14 (2) WASTEFUL OR INEFFICIENT.—The Com15 mission may recommend the realignment or elimi16 nation of any agency or program that has wasted 

17 Federal funds by— 

18 (A) egregious spending; 

19 (B) mismanagement of resources and per20 sonnel; or 

21 (C) use of such funds for personal benefit 

22 or the benefit of a special interest group. 

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

24 Commission shall recommend the elimination of any 

25 agency or program that— 
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1 (A) has completed its intended purpose; 

2 (B) has become irrelevant; or 

3 (C) has failed to meet its objectives. 

4 (d) SYSTEMATIC ASSESSMENT OF PROGRAMS.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the President 

7 shall— 

8 (A) establish a systematic method for as9 sessing the effectiveness and accountability of 

10 agency programs; and 

11 (B) submit, to the Commission, assess12 ments of not less than 50 percent of all pro13 grams covered under subsection (b)(1) that use 

14 the method established under subparagraph 

15 (A). 

16 (2) METHOD OBJECTIVES.—The method estab17 lished under paragraph (1) shall— 

18 (A) recognize different types of Federal 

19 programs; 

20 (B) assess programs based primarily on 

21 the achievement of performance goals (as de22 fined under section 1115(f)(4) of title 31, 

23 United States Code); and 

24 (C) assess programs based in part on the 

25 adequacy of the program’s performance meas-
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1 ures, financial management, and other factors 

2 determined by the President. 

3 (3) DEVELOPMENT.—The method established 

4 under paragraph (1) shall not be implemented until 

5 it has been reviewed and accepted by the Commis6 sion. 

7 (4) CONSIDERATION OF ASSESSMENTS.—The 

8 Commission shall consider assessments submitted 

9 under this subsection when evaluating programs 

10 under subsection (b)(1). 

11 (e) COMMON PERFORMANCE MEASURES.—Not later 

12 than 1 year after the date of enactment of this Act, the 

13 President shall identify common performance measures 

14 for programs covered in subsection (b)(1) that have simi15 lar functions and, to the extent feasible, provide the Com16 mission with data on such performance measures. 

17 (f) REPORT.— 

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

19 the date of enactment of this Act, the Commission 

20 shall submit to the President and Congress a report 

21 that includes— 

22 (A) the plan described under subsection 

23 (b)(2)(A), with supporting documentation for 

24 all recommendations; and 
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1 (B) the proposed legislation described 

2 under subsection (b)(2)(B). 

3 (2) RELOCATION OF FEDERAL EMPLOYEES.— 

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

5 shall provide that if the position of an employee of 

6 an agency is eliminated as a result of the implemen7 tation of the plan under paragraph (1)(A), the af8 fected agency shall make reasonable efforts to relo9 cate such employee to another position within the 

10 agency or within another Federal agency. 

11 SEC. 4. POWERS OF THE COMMISSION. 

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

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

14 the purpose of carrying out this Act— 

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

16 times and places, take such testimony, receive such 

17 evidence, and administer such oaths as any member 

18 of the Commission considers advisable; 

19 (2) require, by subpoena or otherwise, the at20 tendance and testimony of such witnesses as any 

21 member of the Commission considers advisable; and 

22 (3) require, by subpoena or otherwise, the pro23 duction of such books, records, correspondence, 

24 memoranda, papers, documents, tapes, and other 
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1 evidentiary materials relating to any matter under 

2 investigation by the Commission. 

3 (b) SUBPOENAS.— 

4 (1) ISSUANCE.—Subpoenas issued under sub5 section (a) shall bear the signature of the chair6 person of the Commission and shall be served by any 

7 person or class of persons designated by the chair8 person for that purpose. 

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

10 or failure to obey a subpoena issued under sub11 section (a), the United States district court for the 

12 judicial district in which the subpoenaed person re13 sides, is served, or may be found, may issue an order 

14 requiring such person to appear at any designated 

15 place to testify or to produce documentary or other 

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

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

18 court. 

19 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

20 Commission may secure directly from any Federal depart21 ment or agency such information as the Commission con22 siders necessary to carry out this Act. Upon request of 

23 the chairperson of the Commission, the head of such de24 partment or agency shall furnish such information to the 

25 Commission. 
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1 (d) POSTAL SERVICES.—The Commission may use 

2 the United States mails in the same manner and under 

3 the same conditions as other departments and agencies of 

4 the Federal Government. 

5 (e) GIFTS.—The Commission may accept, use, and 

6 dispose of gifts or donations of services or property. 

7 SEC. 5. COMMISSION PERSONNEL MATTERS. 

8 (a) COMPENSATION OF MEMBERS.— 

9 (1) NON-FEDERAL MEMBERS.—Except as pro10 vided under subsection (b), each member of the 

11 Commission who is not an officer or employee of the 

12 Federal Government shall not be compensated. 

13 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

14 members of the Commission who are officers or em15 ployees of the United States shall serve without com16 pensation in addition to that received for their serv17 ices as officers or employees of the United States. 

18 (b) TRAVEL EXPENSES.—The members of the Com19 mission shall be allowed travel expenses, including per 

20 diem in lieu of subsistence, at rates authorized for employ21 ees of agencies under subchapter I of chapter 57 of title 

22 5, United States Code, while away from their homes or 

23 regular places of business in the performance of services 

24 for the Commission. 

25 (c) STAFF.— 
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1 (1) IN GENERAL.—The chairperson of the Com2 mission may, without regard to the civil service laws 

3 and regulations, appoint and terminate an executive 

4 director and such other additional personnel as may 

5 be necessary to enable the Commission to perform 

6 its duties. The employment of an executive director 

7 shall be subject to confirmation by the Commission. 

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

9 chairperson, the executive director may fix the com10 pensation of the executive director and other per11 sonnel without regard to chapter 51 and subchapter 

12 III of chapter 53 of title 5, United States Code, re13 lating to classification of positions and General 

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

15 the executive director and other personnel may not 

16 exceed the maximum rate payable for a position at 

17 GS–15 of the General Schedule under section 5332 

18 of such title. 

19 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

20 (A) IN GENERAL.—The executive director 

21 and any personnel of the Commission who are 

22 employees shall be employees under section 

23 2105 of title 5, United States Code, for pur24 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

25 89A, 89B, and 90 of that title. 
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1 (B) MEMBERS OF COMMISSION.—Subpara2 graph (A) shall not be construed to apply to 

3 members of the Commission. 

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

5 Federal Government employee may be detailed to the 

6 Commission without reimbursement, and such detail shall 

7 be without interruption or loss of civil service status or 

8 privilege. 

9 (e) PROCUREMENT OF TEMPORARY AND INTERMIT10 TENT SERVICES.—The chairperson of the Commission 

11 may procure temporary and intermittent services under 

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

13 for individuals which do not exceed the daily equivalent 

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

15 the Executive Schedule under section 5316 of such title. 

16 SEC. 6. TERMINATION OF THE COMMISSION. 

17 The Commission shall terminate 90 days after the 

18 date on which the Commission submits the report under 

19 section 3(f). 

20 SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM 

21 PROPOSALS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) IMPLEMENTATION BILL.—The term ‘‘imple24 mentation bill’’ means only a bill which is introduced 

25 as provided under subsection (b), and contains the 
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1 proposed legislation included in the report submitted 

2 to Congress under section 3, without modification. 

3 (2) CALENDAR DAY.—The term ‘‘calendar day’’ 

4 means a calendar day other than 1 on which either 

5 House is not in session because of an adjournment 

6 of more than 3 days to a date certain. 

7 (b) INTRODUCTION; REFERRAL; AND REPORT OR

8 DISCHARGE.— 

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

10 on which both Houses are in session, on or imme11 diately following the date on which the report is sub12 mitted to Congress under section 3, a single imple13 mentation bill shall be introduced (by request)— 

14 (A) in the Senate by the Majority Leader 

15 of the Senate, for himself and the Minority 

16 Leader of the Senate, or by Members of the 

17 Senate designated by the Majority Leader and 

18 Minority Leader of the Senate; and 

19 (B) in the House of Representatives by the 

20 Speaker of the House of Representatives, for 

21 himself and the Minority Leader of the House 

22 of Representatives, or by Members of the House 

23 of Representatives designated by the Speaker 

24 and Minority Leader of the House of Rep25 resentatives. 
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1 (2) REFERRAL.—The implementation bills in2 troduced under paragraph (1) shall be referred to 

3 any appropriate committee of jurisdiction in the 

4 Senate and any appropriate committee of jurisdic5 tion in the House of Representatives. A committee 

6 to which an implementation bill is referred under 

7 this paragraph may review and comment on such 

8 bill, may report such bill to the respective House, 

9 and may not amend such bill. 

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

11 which an implementation bill is referred has not re12 ported such bill by the end of the 15th calendar day 

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

14 committee shall be immediately discharged from fur15 ther consideration of such bill, and upon being re16 ported or discharged from the committee, such bill 

17 shall be placed on the appropriate calendar. 

18 (c) FLOOR CONSIDERATION.— 

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

20 which an implementation bill is referred has re21 ported, or has been discharged under subsection 

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

23 though a previous motion to the same effect has 

24 been disagreed to) for any Member of the respective 

25 House to move to proceed to the consideration of the 
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1 implementation bill, and all points of order against 

2 the implementation bill (and against consideration of 

3 the implementation bill) are waived. The motion is 

4 highly privileged in the House of Representatives 

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

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

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

8 consideration of other business. A motion to recon9 sider the vote by which the motion is agreed to or 

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

11 proceed to the consideration of the implementation 

12 bill is agreed to, the implementation bill shall remain 

13 the unfinished business of the respective House until 

14 disposed of. 

15 (2) AMENDMENTS.—An implementation bill 

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

17 Representatives. 

18 (3) DEBATE.—Debate on the implementation 

19 bill, and on all debatable motions and appeals in 

20 connection therewith, shall be limited to not more 

21 than 10 hours, which shall be divided equally be22 tween those favoring and those opposing the resolu23 tion. A motion further to limit debate is in order and 

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

25 postpone, or a motion to proceed to the consider-
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1 ation of other business, or a motion to recommit the 

2 implementation bill is not in order. A motion to re3 consider the vote by which the implementation bill is 

4 agreed to or disagreed to is not in order. 

5 (4) VOTE ON FINAL PASSAGE.—Immediately 

6 following the conclusion of the debate on an imple7 mentation bill, and a single quorum call at the con8 clusion of the debate if requested in accordance with 

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

10 passage of the implementation bill shall occur. 

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

12 Appeals from the decisions of the Chair relating to 

13 the application of the rules of the Senate or the 

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

15 procedure relating to an implementation bill shall be 

16 decided without debate. 

17 (d) COORDINATION WITH ACTION BY OTHER

18 HOUSE.—If, before the passage by 1 House of an imple19 mentation bill of that House, that House receives from 

20 the other House an implementation bill, then the following 

21 procedures shall apply: 

22 (1) NONREFERRAL.—The implementation bill 

23 of the other House shall not be referred to a com24 mittee. 
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1 (2) VOTE ON BILL OF OTHER HOUSE.—With 

2 respect to an implementation bill of the House re3 ceiving the implementation bill— 

4 (A) the procedure in that House shall be 

5 the same as if no implementation bill had been 

6 received from the other House; but 

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

8 the implementation bill of the other House. 

9 (e) RULES OF SENATE AND HOUSE OF REPRESENTA10 TIVES.—This section is enacted by Congress— 

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

12 the Senate and House of Representatives, respec13 tively, and as such it is deemed a part of the rules 

14 of each House, respectively, but applicable only with 

15 respect to the procedure to be followed in that 

16 House in the case of an implementation bill de17 scribed in subsection (a), and it supersedes other 

18 rules only to the extent that it is inconsistent with 

19 such rules; and 

20 (2) with full recognition of the constitutional 

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

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

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

24 the case of any other rule of that House. 
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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated for each of 

3 the fiscal years 2006 through 2008, such sums as may 

4 be necessary for carrying out this Act. 

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