II 

109TH CONGRESS 

1ST SESSION S. 1399 

To improve the results the executive branch achieves on behalf of the 

American people. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2005 

Mr. THOMAS introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To improve the results the executive branch achieves on 

behalf of the American people. 

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 ‘‘The Government Reor5 ganization and Program Performance Improvement Act of 

6 2005’’. 

7 SEC. 2. PURPOSE. 

8 The purpose of this Act is to improve the perform9 ance of the executive branch of the Federal Government 

10 by ascertaining whether programs work or not and ad-
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1 dressing deficiencies in existing programs, eliminating du2 plication of effort, and abolishing agencies and programs 

3 that do not work. 

4 SEC. 3. RESULTS COMMISSIONS. 

5 (a) ESTABLISHMENT OF COMMISSIONS.— 

6 (1) PROPOSAL AND ENACTMENT.—The Presi7 dent may propose the establishment in the executive 

8 branch of 1 or more commissions for the purpose of 

9 improving the overall effectiveness, efficiency, or ac10 countability of executive branch operations through 

11 reorganization. Each such commission shall be 

12 known as a Results Commission and shall require an 

13 Act of Congress to be established. 

14 (2) REASONS FOR ESTABLISHING RESULTS

15 COMMISSIONS.—In each proposal to establish a Re16 sults Commission, the President shall describe the 

17 agencies or programs that the Results Commission 

18 would study. In making such proposals, the Presi19 dent shall identify areas where multiple Federal pro20 grams have similar, related, or overlapping respon21 sibilities that are under the jurisdiction of multiple 

22 executive branch agencies and committees of Con23 gress, and areas where reorganization may improve 

24 the overall effectiveness, efficiency, or accountability 

25 of executive branch operations. 
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1 (b) PROCEDURE FOR MAKING RECOMMENDATIONS

2 FOR IMPROVEMENTS IN EXECUTIVE BRANCH PERFORM3 ANCE.— 

4 (1) SUBMISSION OF PROPOSALS.—The Presi5 dent may, from time to time in his discretion, sub6 mit to a Results Commission established under sec7 tion 3 one or more specific proposals to improve the 

8 performance of the executive branch by reorganizing 

9 agencies or programs in the areas that a Results 

10 Commission has been authorized to study. 

11 (2) EVALUATION.—After receiving a specific 

12 proposal from the President under subsection (b)(1), 

13 a Results Commission shall evaluate the proposal 

14 and shall provide a response to the President on the 

15 proposal, including any changes that the Commis16 sion may wish to recommend. The Commission may 

17 recommend changes or additions to the proposal 

18 only if the Commission believes that such changes 

19 are necessary to better accomplish the stated pur20 pose of the President’s reorganization proposal. 

21 (3) EXPLANATION OF RECOMMENDATIONS.— 

22 The Results Commission shall explain and justify 

23 any recommended changes or additions made by the 

24 Commission to the President’s proposal under para25 graph (2). 
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1 (4) DISAPPROVAL.—If the President dis2 approves the recommendations of the Results Com3 mission, in whole or in part, the President may 

4 transmit to the Results Commission the reasons for 

5 that disapproval. The Commission shall then trans6 mit to the President a report responding to the 

7 President’s concerns and any changes in its rec8 ommendations. 

9 (5) TRANSMISSION TO CONGRESS.—If the 

10 President chooses, the President shall transmit to 

11 Congress a copy of all of the final recommendations 

12 of each Results Commission, together with legisla13 tion to accomplish those recommendations. 

14 (c) MEMBERSHIP, POWERS, AND OTHER MAT15 TERS.— 

16 (1) IN GENERAL.—Each Results Commission 

17 shall be composed of 7 members, who shall be ap18 pointed within 60 days after the date of enactment 

19 of the Act authorizing the Commission. 

20 (2) APPOINTMENTS.— 

21 (A) IN GENERAL.—The President shall ap22 point the 7 members, who shall serve at the 

23 pleasure of the President, as follows: 

24 (i) One in consultation with the Ma25 jority Leader of the Senate. 
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1 (ii) One in consultation with the Mi2 nority Leader of the Senate. 

3 (iii) One in consultation with the 

4 Speaker of the House of Representatives. 

5 (iv) One in consultation with the Mi6 nority Leader of the House of Representa7 tives. 

8 (v) Three other members. 

9 (B) VACANCIES.—Any vacancy on a Com10 mission shall be filled in the manner in which 

11 the original appointment was made. 

12 (3) CHAIR AND VICE CHAIR.—The President 

13 shall designate 1 member of each Results Commis14 sion to serve as Chair and 1 member as Vice Chair. 

15 (4) TERMINATION.—Each Results Commission 

16 shall terminate within 9 months after the date it 

17 commences operations, unless provided otherwise by 

18 law. 

19 (5) DUTIES.—Each Results Commission is au20 thorized to— 

21 (A) evaluate the merits of a specific pro22 posal by the President for governmental reorga23 nization; and 

24 (B) provide views to the President on the 

25 proposal, including any changes or additions to 
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1 the proposal that the Commission may wish to 

2 recommend. 

3 (6) POWERS.— 

4 (A) OBTAINING INFORMATION FROM FED5 ERAL AGENCIES.— 

6 (i) IN GENERAL.—Each Results Com7 mission may secure directly from any exec8 utive department, bureau, agency, board, 

9 commission, office, independent establish10 ment, or instrumentality of the United 

11 States Government, information, sugges12 tions, estimates, and statistics for the pur13 pose of this Act. Each department, bureau, 

14 agency, board, commission, office, inde15 pendent establishment, or instrumentality 

16 shall, to the extent authorized by law, fur17 nish such information, suggestions, esti18 mates, and statistics directly to the Com19 mission, upon request made by the Chair 

20 or any other member designated by a ma21 jority of the Commission. 

22 (ii) RECEIPT, HANDLING, STORAGE, 

23 AND DISSEMINATION.—Information shall 

24 only be received, handled, stored, and dis25 seminated by members of the Commission 
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1 and its staff consistent with all applicable 

2 statutes, regulations, and Executive orders. 

3 (B) CONTRACTING AUTHORITY.—Each Re4 sults Commission may contract with and com5 pensate government and private agencies or 

6 persons for services without regard to section 

7 3709 of the Revised Statutes (41 U.S.C. 5). 

8 (7) PUBLIC HEARINGS AND MEETINGS.— 

9 (A) PUBLIC HEARINGS.—Each Results 

10 Commission shall hold public hearings and 

11 meetings to the extent appropriate. Any such 

12 public session shall be conducted in a manner 

13 consistent with the protection of information 

14 provided to or developed for or by the Commis15 sion as required by applicable law. 

16 (B) NONAPPLICABILITY OF FEDERAL AD17 VISORY COMMITTEE ACT.—The Federal Advi18 sory Committee Act (5 U.S.C. App) shall not 

19 apply to any Results Commission. 

20 (8) INTERNAL PROCEDURES.— 

21 (A) PROCEEDINGS.—Each Results Com22 mission shall commence operations within 6 

23 months after the date of enactment of the Act 

24 authorizing the Commission and shall meet pe25 riodically at the call of the Chair. 
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1 (B) QUORUM.—Four members of the Re2 sults Commission shall constitute a quorum but 

3 a lesser number may hold hearings. 

4 (9) PERSONNEL MATTERS.— 

5 (A) TRAVEL EXPENSES.—The members of 

6 the Commission shall be allowed travel ex7 penses, including per diem in lieu of subsist8 ence, at rates authorized for employees of agen9 cies under subchapter I of chapter 57 of title 5, 

10 United States Code, while away from their 

11 homes or regular places of business in the per12 formance of services for the Commission. 

13 (B) DIRECTOR.—The Chair of the Com14 mission may, without regard to the civil service 

15 laws and regulations, appoint and terminate a 

16 Director for the Commission. The Director shall 

17 be paid at a rate not to exceed the level II of 

18 the Executive Schedule. 

19 (C) STAFF.—The Director may appoint 

20 and compensate staff for the Commission in ac21 cordance with section 3161 of title 5, United 

22 States Code. 

23 (D) APPLICABILITY OF CERTAIN CIVIL

24 SERVICE LAWS.—The Director and any staff of 

25 the Commission shall be employees under sec-
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1 tion 2105 of title 5, United States Code, for 

2 purposes including chapters 63, 81, 83, 84, 85, 

3 87, 89, and 90 of that title. 

4 (E) PROCUREMENT OF TEMPORARY AND

5 INTERMITTENT SERVICES.—The Chair of the 

6 Commission may procure temporary and inter7 mittent services under section 3109(b) of title 

8 5, United States Code, at rates for individuals 

9 which do not exceed the daily equivalent of the 

10 annual rate of basic pay prescribed for level II 

11 of the Executive Schedule under section 5316 

12 of such title. 

13 (10) OTHER ADMINISTRATIVE MATTERS.— 

14 (A) POSTAL AND PRINTING SERVICES.— 

15 Each Results Commission may use the United 

16 States mails and obtain printing and binding 

17 services in the same manner and under the 

18 same conditions as other departments and 

19 agencies of the United States. 

20 (B) ADMINISTRATIVE SUPPORT SERV21 ICES.—Upon the request of each Results Com22 mission, the Administrator of General Services 

23 shall provide to the Results Commission, on a 

24 reimbursable basis, the administrative support 
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1 services necessary for the Results Commission 

2 to carry out its duties under this Act. 

3 (C) AUTHORIZATION OF APPROPRIA4 TIONS.—Such sums as may be necessary are 

5 authorized to be appropriated for the purposes 

6 of carrying out the duties of each Commission 

7 under this Act. Such funds shall remain avail8 able until expended. 

9 (d) EXPEDITED CONGRESSIONAL REVIEW PROCE10 DURES.—In reviewing proposals by the President to au11 thorize a Results Commission and in reviewing proposals 

12 by the President to authorize implementation of a reorga13 nization proposal that has been recommended by a Results 

14 Commission, Congress shall follow the expedited review 

15 procedures under section 5. 

16 SEC. 4. SUNSET COMMISSION TO REVIEW AND MAXIMIZE 

17 THE PERFORMANCE OF ALL FEDERAL AGEN18 CIES AND PROGRAMS. 

19 (a) SCHEDULE FOR REVIEW OF AGENCIES AND PRO20 GRAMS.—The President may submit to Congress for its 

21 consideration a proposed schedule for reviewing the per22 formance of, and need for, executive branch agencies and 

23 programs at least once every 10 years. In reviewing this 

24 schedule, Congress shall follow the expedited review proce25 dures under section 5. 
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1 (b) ESTABLISHMENT OF COMMISSION.—There is es2 tablished the Sunset Commission. 

3 (c) SUNSET OF EXECUTIVE BRANCH AGENCIES AND

4 PROGRAMS.— 

5 (1) IN GENERAL.—Executive branch agencies 

6 and programs shall— 

7 (A) be reviewed by the Sunset Commission 

8 according to the schedule authorized by Con9 gress under subsection (a); and 

10 (B) terminate 2 years after the date that 

11 the President submits the recommendations to 

12 Congress on the agency or program, along with 

13 the report of the Sunset Commission on the 

14 agency or program, unless the agency or pro15 gram is reauthorized by law after receiving the 

16 President’s recommendations. 

17 (2) EXTENSION.—The deadline for termination 

18 of an agency or program may be extended for an ad19 ditional 2 years after the date described under para20 graph (1) if Congress enacts legislation extending 

21 such deadline. 

22 (d) MEMBERSHIP, POWERS, AND OTHER MAT23 TERS.— 

24 (1) MEMBERSHIP.— 
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1 (A) IN GENERAL.—The Sunset Commis2 sion shall be comprised of 7 members, who shall 

3 be appointed within 180 days after the date of 

4 enactment of this Act. 

5 (B) APPOINTMENTS.—The President shall 

6 appoint the 7 members of the Sunset Commis7 sion as follows: 

8 (i) One in consultation with the Ma9 jority Leader of the Senate. 

10 (ii) One in consultation with the Mi11 nority Leader of the Senate. 

12 (iii) One in consultation with the 

13 Speaker of the House of Representatives. 

14 (iv) One in consultation with the Mi15 nority Leader of the House of Representa16 tives. 

17 (v) Three other members. 

18 (C) CHAIR AND VICE CHAIR.—The Presi19 dent shall designate 1 member of the Sunset 

20 Commission to serve as Chair and 1 member as 

21 Vice Chair. 

22 (D) LENGTH OF SERVICE.—The members 

23 of the Sunset Commission shall serve at the 

24 pleasure of the President. Each member shall 
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1 serve for a term not to exceed 3 years, unless 

2 reappointed by the President. 

3 (E) VACANCIES.—Any vacancy on the 

4 Commission shall be filled in the manner in 

5 which the original appointment was made. 

6 (2) POWERS.— 

7 (A) OBTAINING INFORMATION FROM FED8 ERAL AGENCIES.— 

9 (i) IN GENERAL.—The Sunset Com10 mission may secure directly from any exec11 utive department, bureau, agency, board, 

12 commission, office, independent establish13 ment, or instrumentality of the United 

14 States Government, information, sugges15 tions, estimates, and statistics for the pur16 pose of this Act. Each department, bureau, 

17 agency, board, commission, office, inde18 pendent establishment, or instrumentality 

19 shall, to the extent authorized by law, fur20 nish such information, suggestions, esti21 mates, and statistics directly to the Com22 mission, upon request made by the Chair 

23 or any other member designated by a ma24 jority of the Commission. 
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1 (ii) RECEIPT, HANDLING, STORAGE, 

2 AND DISSEMINATION.—Information shall 

3 only be received, handled, stored, and dis4 seminated by members of the Commission 

5 and its staff consistent with all applicable 

6 statutes, regulations, and Executive orders. 

7 (B) CONTRACTING AUTHORITY.—The Sun8 set Commission may contract with and com9 pensate government and private agencies or 

10 persons for services without regard to section 

11 3709 of the Revised Statutes (41 U.S.C. 5). 

12 (3) PUBLIC HEARINGS AND MEETINGS.— 

13 (A) PUBLIC HEARINGS.—The Sunset Com14 mission shall hold public hearings and meetings 

15 to the extent appropriate. Any such public ses16 sions shall be conducted in a manner consistent 

17 with the protection of information provided to 

18 or developed for or by the Commission as re19 quired by any applicable statute, regulation, or 

20 Executive Order. 

21 (B) NONAPPLICABILITY OF FEDERAL AD22 VISORY COMMITTEE ACT.—The Federal Advi23 sory Committee Act (5 U.S.C. App) shall not 

24 apply to the Sunset Commission. 

25 (4) INTERNAL PROCEDURES.— 
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1 (A) MEETINGS.—The Sunset Commission 

2 shall meet periodically at the call of the Chair. 

3 Such meetings may include public hearings and 

4 sessions as authorized by paragraph (2)(A). 

5 (B) QUORUM.—Four members of the Sun6 set Commission shall constitute a quorum but a 

7 lesser number may hold hearings. 

8 (5) PERSONNEL MATTERS.— 

9 (A) TRAVEL EXPENSES.—The members of 

10 the Commission shall be allowed travel ex11 penses, including per diem in lieu of subsist12 ence, at rates authorized for employees of agen13 cies under subchapter I of chapter 57 of title 5, 

14 United States Code, while away from their 

15 homes or regular places of business in the per16 formance of services for the Commission. 

17 (B) DIRECTOR.—The Chair of the Com18 mission may, without regard to the civil service 

19 laws and regulations, appoint and terminate a 

20 Director for the Commission. The Director shall 

21 be paid at a rate not to exceed the level II of 

22 the Executive Schedule. 

23 (C) STAFF.—The Director may appoint 

24 and fix the compensation of additional per25 sonnel without regard to chapter 51 and sub-
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1 chapter III of chapter 53 of title 5, United 

2 States Code, relating to classification of posi3 tions and General Schedule pay rates, except 

4 that the rate of pay for the Director and other 

5 personnel may not exceed level II of the Execu6 tive Schedule 

7 (D) APPLICABILITY OF CERTAIN CIVIL

8 SERVICE LAWS.—The Director and any staff of 

9 the Commission shall be employees under sec10 tion 2105 of title 5, United States Code, for 

11 purposes including chapters 63, 81, 83, 84, 85, 

12 87, 89, and 90 of that title. 

13 (E) DETAIL OF GOVERNMENT EMPLOY14 EES.—Any Federal Government employee may 

15 be detailed to the Commission without reim16 bursement, and such detail shall be without 

17 interruption or loss of civil service status or 

18 privilege. 

19 (F) PROCUREMENT OF TEMPORARY AND

20 INTERMITTENT SERVICES.—The Chair of the 

21 Sunset Commission may procure temporary and 

22 intermittent services under section 3109(b) of 

23 title 5, United States Code, at rates for individ24 uals which do not exceed the daily equivalent of 

25 the annual rate of basic pay prescribed for level 
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1 II of the Executive Schedule under section 

2 5316 of such title. 

3 (6) OTHER ADMINISTRATIVE MATTERS.— 

4 (A) POSTAL AND PRINTING SERVICES.— 

5 The Sunset Commission may use the United 

6 States mails and obtain printing and binding 

7 services in the same manner and under the 

8 same conditions as other departments and 

9 agencies of the United States. 

10 (B) ADMINISTRATIVE SUPPORT SERV11 ICES.—Upon the request of the Sunset Com12 mission, the Administrator of General Services 

13 shall provide to the Sunset Commission, on a 

14 reimbursable basis, the administrative support 

15 services necessary for the Sunset Commission to 

16 carry out its duties under this Act. 

17 (C) AUTHORIZATION OF APPROPRIA18 TIONS.—Such sums as may be necessary are 

19 authorized to be appropriated for the purposes 

20 of carrying out the duties of the Sunset Com21 mission under this Act. Such funds shall remain 

22 available until expended. 

23 (7) SUNSET OF COMMISSION.—The Sunset 

24 Commission shall terminate on December 31, 2026, 

25 unless reauthorized in law by Congress. 
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1 (e) REVIEW OF EFFICIENCY AND NEED FOR EXECU2 TIVE BRANCH AGENCIES AND PROGRAMS.— 

3 (1) IN GENERAL.—The Sunset Commission 

4 shall review agencies and programs in accordance 

5 with the criteria described under subsection (f). The 

6 Sunset Commission shall consider recommendations 

7 made by the President to the Commission for im8 proving the performance of the agencies or programs 

9 being considered. 

10 (2) USE OF EVALUATIONS AND ASSESS11 MENTS.—In its deliberations, the Sunset Commis12 sion may consider any publicly available agency or 

13 program evaluations and assessments, including 

14 those that the Office of Management and Budget 

15 has undertaken in consultation with the affected 

16 agencies of the Federal Government. Such Office of 

17 Management and Budget assessments shall evaluate 

18 the purpose, design, strategic plan, management, 

19 and results of the program, and such other matters 

20 as the Director of the Office of Management and 

21 Budget considers appropriate, as well as make rec22 ommendations to improve the efficiency and effec23 tiveness of the assessed programs. 

24 (3) RECOMMENDATIONS; REPORT TO THE

25 PRESIDENT.—The Sunset Commission shall submit 
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1 to the President not later than August 1 of each 

2 year a report containing— 

3 (A) its assessment of each agency and pro4 gram reviewed during the preceding 12 months 

5 under the schedule authorized by Congress 

6 under subsection (a); and 

7 (B) its recommendations on how to im8 prove the results that each agency and program 

9 achieves and whether to abolish any agency or 

10 program. 

11 (4) DRAFT LEGISLATION.— 

12 (A) SUBMISSION TO THE PRESIDENT.— 

13 The Sunset Commission shall submit to the 

14 President with its report a draft of any pro15 posed legislation needed to carry out its rec16 ommendations. 

17 (B) SUBMISSION TO CONGRESS.—The 

18 President may submit to Congress draft legisla19 tion needed to accomplish the recommendations 

20 of the Sunset Commission with any revisions 

21 the President believes are necessary to improve 

22 the performance of the assessed agencies or 

23 programs. 

24 (5) PROPOSALS TO TERMINATE AGENCIES OR

25 PROGRAMS.—Before recommending the termination 
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1 of any agency or program, the Sunset Commission 

2 should, as it considers appropriate— 

3 (A) conduct public hearings on the merits 

4 of retaining the agency or program; 

5 (B) provide an opportunity for public com6 ment on the option of terminating the agency 

7 or program; 

8 (C) offer the affected agency an oppor9 tunity to comment and to provide information 

10 supporting its views; 

11 (D) review the assessments described 

12 under subsection (e)(2); and 

13 (E) consult with the Government Account14 ability Office, the relevant Inspectors General, 

15 and the relevant committees of Congress. 

16 (f) CRITERIA FOR REVIEW.—The Sunset Commission 

17 shall use the following criteria to evaluate each agency or 

18 program: 

19 (1) Whether the agency or program as carried 

20 out by the agency is cost-effective and achieves its 

21 stated purpose of goals. 

22 (2) The extent to which any trends, develop23 ments, or emerging conditions affect the need to 

24 change the mission of the agency or program or the 
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1 way that the mission is being carried out by the 

2 agency. 

3 (3) The extent to which the agency or program 

4 duplicates or conflicts with other Federal agencies, 

5 State and local government, or the private sector. 

6 (4) The extent to which the agency coordinates 

7 effectively with State and local governments in per8 forming the functions of the program. 

9 (5) The extent to which changes in the author10 izing statutes of the agency or program would im11 prove the performance of the agency or program. 

12 (6) The extent to which changes in the manage13 ment structure of the agency or program or its 

14 placement in the executive branch are needed to im15 prove the overall efficiency, effectiveness, or account16 ability of executive branch operations. 

17 (g) AGENCY AND PROGRAM INVENTORY.— 

18 (1) PREPARATION.—Within 6 months after the 

19 date of enactment of this Act, the Director of Con20 gressional Research Service, with the assistance of 

21 the Comptroller General, shall prepare an inventory 

22 of all executive branch agencies and programs. Six 

23 months before the date on which the Sunset Com24 mission is scheduled to begin its review of an agency 

25 or program, the Director of the Congressional Re-
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1 search Service, with the assistance of the Comp2 troller General, shall update the section of the inven3 tory pertaining to that agency or program. 

4 (2) PURPOSE.—The purpose of the agency and 

5 program inventory is to advise and assist the Sunset 

6 Commission, the President, and Congress in car7 rying out the requirements of this Act. Such inven8 tory shall not in any way bind Congress or the 

9 President with respect to their responsibilities under 

10 this Act. 

11 (3) INVENTORY CONTENT.—The agency and 

12 program inventory shall include for each agency and 

13 program a list of citations of all authorizing statutes 

14 of the agency or program. 

15 SEC. 5. EXPEDITED CONGRESSIONAL REVIEW PROCE16 DURES. 

17 (a) DEFINITIONS.—In this section: 

18 (1) RESOLUTION.—The term ‘‘resolution’’ 

19 means only a joint resolution that— 

20 (A) is introduced within the 10 legislative 

21 days beginning on the date on which the Presi22 dent transmits a proposal to Congress under 

23 this Act; 

24 (B) does not have a preamble; 
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1 (C) the title of which is as follows: ‘‘Joint 

2 resolution approving the reorganization pro3 posals of the President under the Government 

4 Reorganization and Program Performance Im5 provement Act of 2005’’; 

6 (D) the matter after the resolving clause of 

7 which is as follows: ‘‘That Congress approves 

8 the reorganization proposals of the President, 

9 as follows, that were transmitted on lll 

10 under the Government Reorganization and Pro11 gram Performance Improvement Act of 2005:’’, 

12 the blank space being filled in with the appro13 priate date; and 

14 (E) the remaining text which consists of 

15 the complete text of the President’s legislative 

16 proposals submitted. 

17 (2) LEGISLATIVE DAY.—For the purposes of 

18 this section, the term ‘‘legislative day’’ refers to any 

19 day on which either House of Congress is in session. 

20 (b) INTRODUCTION OF RESOLUTION OF AP21 PROVAL.—In order for the resolution to be considered 

22 under the procedures under this section, the resolution 

23 shall be consistent with this Act and shall be introduced 

24 no later than 10 legislative days after the President trans25 mits the legislative proposals under this Act. 
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1 (c) REFERRAL OF RESOLUTION OF APPROVAL.—A 

2 resolution of approval for the President’s legislative pro3 posals transmitted under this Act shall be referred to the 

4 Committee on Homeland Security and Governmental Af5 fairs in the Senate and the Committee on Government Re6 form in the House of Representatives. 

7 (d) CONSIDERATION IN THE HOUSE OF REPRESENT8 ATIVES.— 

9 (1) REPORT OR DISCHARGE.—The Committee 

10 on Government Reform shall report the resolution 

11 without amendment, and with or without rec12 ommendation, not later than the 30th legislative day 

13 after the date of its introduction. If the committee 

14 fails to report the resolution within that period, it is 

15 thereafter in order for a Member to move that the 

16 House discharge the committee from further consid17 eration of the resolution. A motion to discharge may 

18 be made only by a Member favoring the resolution 

19 (but only at a time or place designated by the 

20 Speaker in the legislative schedule of the day after 

21 the calendar day on which the Member offering the 

22 motion announces to the House their intention to do 

23 so and the form of the motion). The motion is privi24 leged. Debate thereon shall be limited to not more 

25 than 1 hour, the time to be divided in the House 
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1 equally between a proponent and an opponent. The 

2 previous question shall be considered as ordered on 

3 the motion to its adoption without intervening mo4 tion. A motion to reconsider the vote by which the 

5 motion is agreed to or disagreed to shall not be in 

6 order. 

7 (2) CONSIDERATION.—After the resolution is 

8 reported or the committee has been discharged from 

9 further consideration, it shall be in order to consider 

10 the resolution in the House. If the resolution is re11 ported and the report has been available for at least 

12 1 calendar day, all points of order against the reso13 lution and against consideration of the resolution are 

14 waived. If the committee has been discharged from 

15 further consideration of the resolution, all points of 

16 order against the resolution and against consider17 ation of the resolution are waived. The motion is 

18 privileged. A motion to reconsider the vote by which 

19 the motion is agreed to or disagreed to shall not be 

20 in order. During consideration of the resolution in 

21 the House, the first reading of the bill shall be dis22 pensed with. Debate on the resolution shall be con23 fined to the resolution, and shall not exceed 1 hour 

24 equally divided and controlled by a proponent and 

25 an opponent of the resolution. Amendments to the 
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1 resolution are not in order. Only 1 motion to rise 

2 shall be in order, except if offered by the manager. 

3 The previous question shall be considered as ordered 

4 on the resolution without intervening motion. A mo5 tion to reconsider the vote on passage of the resolu6 tion shall not be in order. 

7 (3) APPEALS.—Appeals from decisions of the 

8 Chair regarding application of the rules of the 

9 House of Representatives to the procedure relating 

10 to the approval resolution shall be decided without 

11 debate. 

12 (4) CONSIDERATION OF SENATE MESSAGE.— 

13 Consideration in the House of all motions or appeals 

14 necessary to dispose of a message from the Senate 

15 on the resolution shall be limited to not more than 

16 1 hour. Debate on each motion shall be limited to 

17 20 minutes. Debate on any appeal or point of order 

18 that is submitted in connection with the disposition 

19 of the Senate message shall be limited to 10 min20 utes. Any time for debate shall be equally divided 

21 and controlled by the proponent and the majority 

22 manager, unless the majority manager is a pro23 ponent of the motion, appeal, or point of order, in 

24 which case the minority manager shall be in control 

25 of the time in opposition. 
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1 (e) CONSIDERATION IN THE SENATE.— 

2 (1) REPORT OR DISCHARGE.—The Committee 

3 on Homeland Security and Governmental Affairs 

4 shall report the resolution not later than the 30th 

5 legislative day following the date of introduction of 

6 the resolution. If the committee fails to report the 

7 resolution within that period, the committee shall be 

8 automatically discharged from further consideration 

9 of the resolution and the resolution shall be placed 

10 on the Calendar. 

11 (2) RESOLUTION OF APPROVAL FROM HOUSE.— 

12 When the Senate receives from the House of Rep13 resentatives the approval resolution, such resolution 

14 shall not be referred to committee and shall be 

15 placed on the calendar. 

16 (3) MOTION NONDEBATABLE.—A motion to 

17 proceed to consideration of the resolution under this 

18 subsection shall not be debatable. It shall not be in 

19 order to move to reconsider the vote by which the 

20 motion to proceed was adopted or rejected, although 

21 subsequent motions to proceed may be made under 

22 this paragraph. 

23 (4) LIMIT ON CONSIDERATION.— 

24 (A) AMENDMENTS.—Amendments to the 

25 resolution are not in order. 
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1 (B) CONSIDERATION.—After no more than 

2 10 hours of consideration of the resolution, the 

3 Senate shall proceed, without intervening action 

4 or debate, to vote on the final disposition there5 of to the exclusion of all motions, except a mo6 tion to reconsider or to table. 

7 (C) EXTENSION.—A single motion to ex8 tend the time for consideration under subpara9 graph (B) for no more than an additional 5 

10 hours is in order before the expiration of such 

11 time and shall be decided without debate. 

12 (D) DEBATE.—The time for debate on the 

13 resolution shall be equally divided between the 

14 Majority Leader and the Minority Leader or 

15 their designees. 

16 (5) NO MOTION TO RECOMMIT.—A motion to 

17 recommit the resolution shall not be in order. 

18 (6) CONSIDERATION OF HOUSE MESSAGE.— 

19 Consideration in the Senate of all motions or ap20 peals necessary to dispose of a message from the 

21 House of Representatives on the resolution shall be 

22 limited to not more than 4 hours. Debate on each 

23 motion shall be limited to 30 minutes. Debate on 

24 any appeal or point of order that is submitted in 

25 connection with the disposition of the House mes-
29 

•S 1399 IS

1 sage shall be limited to 20 minutes. Any time for de2 bate shall be equally divided and controlled by the 

3 proponent and the majority manager, unless the ma4 jority manager is a proponent of the motion, appeal, 

5 or point of order, in which case the minority man6 ager shall be in control of the time in opposition. 

7 (f) RULES OF THE SENATE AND HOUSE.—This sec8 tion is enacted by Congress— 

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

10 the Senate and House of Representatives, respec11 tively, and as such it is deemed a part of the rules 

12 of each House, respectively, but applicable only with 

13 respect to the procedure to be followed in that 

14 House in the case of a resolution described in sub15 section (a), and it supersedes other rules only to the 

16 extent that it is inconsistent with such rules; and 

17 (2) with full recognition of the constitutional 

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

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

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

21 the case of any other rule of that House. 

Æ