II 

111TH CONGRESS 

1ST SESSION S. 1282 

To establish a Commission on Congressional Budgetary Accountability and 

Review of Federal Agencies. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2009 

Mr. BROWNBACK (for himself, Mr. ALEXANDER, Mr. CHAMBLISS, Mr. 

COBURN, Mr. CORKER, Mr. CORNYN, Mr. CRAPO, Mr. ENSIGN, Mr. 

ENZI, Mr. GRAHAM, Mrs. HUTCHISON, Mr. INHOFE, Mr. ISAKSON, Mr. 

JOHANNS, Mr. KYL, Mr. MARTINEZ, Mr. MCCAIN, Mr. RISCH, Mr. 

THUNE, Mr. VITTER, and Mr. VOINOVICH) 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 on Congressional Budgetary 

Accountability and Review of Federal Agencies. 

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

3 SECTION 1. DEFINITIONS. 

4 In this Act: 

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

6 (A) an Executive agency, as defined under 

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

8 (B) the Executive Office of the President. 


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

2 means a calendar day other than one on which ei3 ther House is not in session because of an adjourn4 ment of more than 3 days to a date certain. 

5 (3) COMMISSION BILL.—The term ‘‘Commission 

6 bill’’ means only a bill which is introduced as pro7 vided under section 6, and contains the proposed 

8 legislation included in the report submitted to Con9 gress under section 3(b)(1), without modification. 

10 (4) PROGRAM.—The term ‘‘program’’ means 

11 any activity or function of an agency. 

12 SEC. 2. ESTABLISHMENT OF COMMISSION. 

13 (a) ESTABLISHMENT.—There is established the Com14 mission on Congressional Budgetary Accountability and 

15 Review of Federal Agencies (referred to in this Act as the 

16 ‘‘Commission’’). 

17 (b) MEMBERSHIP.— 

18 (1) IN GENERAL.—The Commission shall con19 sist of 7 members, of which, not later than 30 days 

20 after the date of enactment of this Act— 

21 (A) 1 shall be appointed by the President; 

22 (B) 1 shall be appointed by the majority 

23 leader of the Senate; 

24 (C) 1 shall be appointed by the President 

25 pro tempore of the Senate; 


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1 (D) 1 shall be appointed by the minority 

2 leader of the Senate; 

3 (E) 1 shall be appointed by the Speaker of 

4 the House of Representatives; 

5 (F) 1 shall be appointed by the majority 

6 leader of the House of Representatives; and 

7 (G) 1 shall be appointed by the minority 

8 leader of the House of Representatives. 

9 (2) COCHAIRPERSONS.—The President shall 

10 designate 2 Cochairpersons from among the mem11 bers of the Commission. The Cochairpersons may 

12 not be affiliated with the same political party. 

13 (c) DATE.—Members of the Commission shall be ap14 pointed by not later than 30 days after the date of enact15 ment of this Act. 

16 (d) PERIOD OF APPOINTMENT; VACANCIES.—Mem17 bers shall be appointed for the life of the Commission. Any 

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

19 shall be filled in the same manner as the original appoint20 ment. 

21 (e) MEETINGS.— 

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

23 after the date on which all members of the Commis24 sion have been appointed, the Commission shall hold 

25 its first meeting. 


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1 (2) SUBSEQUENT MEETINGS.—The Commission 

2 shall meet at the call of the Cochairpersons or a ma3 jority of its members. 

4 (f) QUORUM.—Four members of the Commission 

5 shall constitute a quorum for purposes of voting, but a 

6 quorum is not required for members to meet and hold 

7 hearings. 

8 SEC. 3. DUTIES OF THE COMMISSION. 

9 (a) SYSTEMATIC ASSESSMENT OF PROGRAMS BY THE

10 COMMISSION.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of enactment of this Act, the Commis13 sion shall establish a systematic method for assess14 ing the effectiveness and accountability of agency 

15 programs in accordance with paragraph (2) and di16 vide the programs into 4 approximately equal budg17 etary parts based on the size of the budget and 

18 number of personnel of the agency program. 

19 (2) METHOD OBJECTIVES.—The method estab20 lished under paragraph (1) shall— 

21 (A) recognize different types of Federal 

22 programs; 

23 (B) assess programs based on the achieve24 ment of performance goals (as defined under 


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1 section 1115(g)(4) of title 31, United States 

2 Code); 

3 (C) assess programs based in part on the 

4 adequacy of the program’s performance meas5 ures, financial management, and other factors; 

6 (D) assess programs based in part on 

7 whether the program has fulfilled the legislative 

8 intent surrounding the creation of the program, 

9 taking into account any change in legislative in10 tent during the program’s existence; and 

11 (E) assess programs based in part on col12 laborative analysis, with the program or agency, 

13 of program policy and goals which may not fit 

14 into easily measurable performance goals. 

15 (b) EVALUATION, PLAN, AND LEGISLATION.— 

16 (1) IN GENERAL.—The Commission shall— 

17 (A) evaluate all agencies and programs 

18 within those agencies in each unit identified in 

19 the systemic assessment under subsection (a) (1 

20 each year over the next 4 years), using the cri21 teria under paragraph (3); and 

22 (B) submit to Congress each of the next 4 

23 years beginning January 1, 2011, with respect 

24 to each evaluation under subparagraph (A)— 


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1 (i) a plan with recommendations of 

2 the agencies and programs that should be 

3 realigned or eliminated within each part; 

4 and 

5 (ii) proposed legislation to implement 

6 the plan described under clause (i). 

7 (2) RELOCATION OF FEDERAL EMPLOYEES.— 

8 The proposed legislation under paragraph (1) shall 

9 provide that if the position of an employee of an 

10 agency is eliminated as a result of the implementa11 tion of the plan under paragraph (1)(A), the af12 fected agency shall make reasonable efforts to relo13 cate such employee to another position within the 

14 agency or within another Federal agency. 

15 (3) CRITERIA.— 

16 (A) DUPLICATIVE.—If 2 or more agencies 

17 or programs are performing the same essential 

18 function and the function can be consolidated 

19 or streamlined into a single agency or program, 

20 the Commission shall recommend that the agen21 cies or programs be realigned. 

22 (B) WASTEFUL OR INEFFICIENT.—The 

23 Commission may recommend the realignment or 

24 elimination of any agency or program that has 

25 wasted Federal funds by— 


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1 (i) egregious spending; 

2 (ii) mismanagement of resources and 

3 personnel; or 

4 (iii) use of such funds for personal 

5 benefit or the benefit of a special interest 

6 group. 

7 (C) OUTDATED, IRRELEVANT, OR

8 FAILED.—The Commission shall recommend 

9 the elimination of any agency or program 

10 that— 

11 (i) has completed its intended pur12 pose; 

13 (ii) has become irrelevant; or 

14 (iii) has failed to meet its objectives. 

15 SEC. 4. POWERS OF THE COMMISSION. 

16 (a) HEARINGS.—Subject to subsection (d), the Co17 chairpersons of the Commission may, for the purpose of 

18 carrying out this Act— 

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

20 times and places, take such testimony, receive such 

21 evidence, and administer such oaths as the Chair22 person of the Commission considers advisable; 

23 (2) require, by subpoena or otherwise, the at24 tendance and testimony of such witnesses as the 


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1 Chairperson of the Commission considers advisable; 

2 and 

3 (3) require, by subpoena or otherwise, the pro4 duction of such books, records, correspondence, 

5 memoranda, papers, documents, tapes, and other 

6 evidentiary materials relating to any matter under 

7 investigation by the Commission. 

8 (b) SUBPOENAS.— 

9 (1) ISSUANCE.— 

10 (A) IN GENERAL.—A subpoena may be 

11 issued under this section only by— 

12 (i) the agreement of the Cochair13 persons; or 

14 (ii) the affirmative vote of 4 members 

15 of the Commission. 

16 (B) SIGNATURE.—Subpoenas issued under 

17 this section may be issued under the signature 

18 of both Cochairpersons of the Commission and 

19 may be served by any person designated by the 

20 Cochairpersons or by a member designated by 

21 a majority of the Commission. 

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

23 or failure to obey a subpoena issued under this sec24 tion, the United States district court for the judicial 

25 district in which the subpoenaed person resides, is 


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1 served, or may be found, may issue an order requir2 ing such person to appear at any designated place 

3 to testify or to produce documentary or other evi4 dence. Any failure to obey the order of the court 

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

6 court. 

7 (c) TECHNICAL ASSISTANCE.—Upon the request of 

8 the Commission, the head of a Federal agency shall pro9 vide such technical assistance to the Commission as the 

10 Commission determines to be necessary to carry out its 

11 duties. 

12 (d) INFORMATION.— 

13 (1) IN GENERAL.—The Commission shall have 

14 reasonable access to budgetary, performance or pro15 grammatic materials, resources, statistical data, and 

16 other information the Commission determines to be 

17 necessary to carry out its duties from the Congres18 sional Budget Office, and other agencies and rep19 resentatives of the executive and legislative branches 

20 of the Federal Government. The Cochairpersons 

21 shall make requests for such access in writing when 

22 necessary. 

23 (2) RECEIPT, HANDLING, STORAGE, AND DIS24 SEMINATION OF INFORMATION.—Information shall 

25 only be received, handled, stored, and disseminated 


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1 by members of the Commission and its staff con2 sistent with all applicable statutes, regulations, and 

3 Executive orders. 

4 (3) LIMITATION OF ACCESS TO PERSONAL TAX

5 INFORMATION.—Information requested, subpoenaed, 

6 or otherwise accessed under this Act shall not in7 clude tax data from the United States Internal Rev8 enue Service, the release of which would otherwise 

9 be in violation of law. 

10 (e) POSTAL SERVICES.—The Commission may use 

11 the United States mails in the same manner and under 

12 the same conditions as other departments and agencies of 

13 the Federal Government. 

14 SEC. 5. COMMISSION PERSONNEL MATTERS. 

15 (a) COMPENSATION OF MEMBERS.— 

16 (1) NON-FEDERAL MEMBERS.—Except as pro17 vided under subsection (b), each member of the 

18 Commission who is not an officer or employee of the 

19 Federal Government shall not be compensated. 

20 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

21 members of the Commission who are officers or em22 ployees of the United States shall serve without com23 pensation in addition to that received for their serv24 ices as officers or employees of the United States. 


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1 (b) TRAVEL EXPENSES.—The members of the Com2 mission shall be allowed travel expenses, including per 

3 diem in lieu of subsistence, at rates authorized for employ4 ees of agencies under subchapter I of chapter 57 of title 

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

6 regular places of business in the performance of services 

7 for the Commission. 

8 (c) STAFF.— 

9 (1) IN GENERAL.—With the approval of the 

10 majority of the Commission, the Cochairpersons of 

11 the Commission may, appoint an executive director 

12 and such other additional personnel as may be nec13 essary to enable the Commission to perform its du14 ties. 

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

16 Cochairpersons, the executive director may fix the 

17 compensation of the executive director and other 

18 personnel without regard to chapter 51 and sub19 chapter III of chapter 53 of title 5, United States 

20 Code, relating to classification of positions and Gen21 eral Schedule pay rates, except that the rate of pay 

22 for the executive director and other personnel may 

23 not exceed the maximum rate payable for a position 

24 at GS–15 of the General Schedule under section 

25 5332 of such title. 


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1 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

2 (A) IN GENERAL.—The executive director 

3 and any personnel of the Commission who are 

4 employees shall be employees under section 

5 2105 of title 5, United States Code, for pur6 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

7 89A, 89B, and 90 of that title. 

8 (B) MEMBERS OF COMMISSION.—Subpara9 graph (A) shall not be construed to apply to 

10 members of the Commission. 

11 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

12 Federal Government employee may be detailed to the 

13 Commission without reimbursement from the Commission, 

14 and such detail shall be without interruption or loss of 

15 civil service status or privilege. 

16 (e) PROCUREMENT OF TEMPORARY AND INTERMIT17 TENT SERVICES.—With the approval of the majority of 

18 the Commission, the Chairperson of the Commission may 

19 procure temporary and intermittent services under section 

20 3109(b) of title 5, United States Code, at rates for individ21 uals which do not exceed the daily equivalent of the annual 

22 rate of basic pay prescribed for level V of the Executive 

23 Schedule under section 5316 of such title. 


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1 SEC. 6. EXPEDITED CONSIDERATION OF REFORM PRO2 POSALS. 

3 (a) INTRODUCTION AND COMMITTEE CONSIDER4 ATION.— 

5 (1) INTRODUCTION.—The Commission bill lan6 guage provisions submitted pursuant to section 

7 3(b)(1) shall be introduced in the Senate by the ma8 jority leader, or the majority leader’s designee, and 

9 in the House of Representatives, by the Speaker, or 

10 the Speaker’s designee. Upon such introduction, the 

11 Commission bill shall be referred to the appropriate 

12 committees of Congress under paragraph (2). If the 

13 Commission bill is not introduced in accordance with 

14 the preceding sentence, then any member of Con15 gress may introduce the Commission bill in their re16 spective House of Congress beginning on the date 

17 that is the 5th calendar day that such House is in 

18 session following the date of the submission of such 

19 aggregate legislative language provisions. 

20 (2) COMMITTEE CONSIDERATION.— 

21 (A) REFERRAL.—A Commission bill intro22 duced under paragraph (1) shall be referred to 

23 any appropriate committee of jurisdiction in the 

24 Senate, any appropriate committee of jurisdic25 tion in the House of Representatives, the Com26 mittee on the Budget of the Senate and the 


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1 Committee on the Budget of the House of Rep2 resentatives. A committee to which a Commis3 sion bill is referred under this paragraph may 

4 review and comment on such bill, may report 

5 such bill to the respective House, and may not 

6 amend such bill. 

7 (B) REPORTING.—Not later than 30 cal8 endar days after the introduction of the Com9 mission bill, each Committee of Congress to 

10 which the Commission bill was referred shall re11 port the bill. 

12 (C) DISCHARGE OF COMMITTEE.—If a 

13 committee to which is referred a Commission 

14 bill has not reported such Commission bill at 

15 the end of 30 calendar days after its introduc16 tion or at the end of the first day after there 

17 has been reported to the House involved a Com18 mission bill, whichever is earlier, such com19 mittee shall be deemed to be discharged from 

20 further consideration of such Commission bill, 

21 and such Commission bill shall be placed on the 

22 appropriate calendar of the House involved. 

23 (b) EXPEDITED PROCEDURE.— 

24 (1) CONSIDERATION.— 


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1 (A) IN GENERAL.—Not later than 5 cal2 endar days after the date on which a committee 

3 has reported a Commission bill or been dis4 charged from consideration of a Commission 

5 bill, the majority leader of the Senate, or the 

6 majority leader’s designee, or the Speaker of 

7 the House of Representatives, or the Speaker’s 

8 designee, shall move to proceed to the consider9 ation of the Commission bill. It shall also be in 

10 order for any member of the Senate or the 

11 House of Representatives, respectively, to move 

12 to proceed to the consideration of the Commis13 sion bill at any time after the conclusion of 

14 such 5-day period. 

15 (B) MOTION TO PROCEED.—A motion to 

16 proceed to the consideration of a Commission 

17 bill is highly privileged in the House of Rep18 resentatives and is privileged in the Senate and 

19 is not debatable. The motion is not subject to 

20 amendment or to a motion to postpone consid21 eration of the Commission bill. If the motion to 

22 proceed is agreed to, the Senate or the House 

23 of Representatives, as the case may be, shall 

24 immediately proceed to consideration of the 

25 Commission bill without intervening motion, 


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1 order, or other business, and the Commission 

2 bill shall remain the unfinished business of the 

3 Senate or the House of Representatives, as the 

4 case may be, until disposed of. 

5 (C) LIMITED DEBATE.—Debate on the 

6 Commission bill and on all debatable motions 

7 and appeals in connection therewith shall be 

8 limited to not more than 10 hours, which shall 

9 be divided equally between those favoring and 

10 those opposing the Commission bill. A motion 

11 further to limit debate on the Commission bill 

12 is in order and is not debatable. All time used 

13 for consideration of the Commission bill, includ14 ing time used for quorum calls (except quorum 

15 calls immediately preceding a vote) and voting, 

16 shall come from the 10 hours of debate. 

17 (D) AMENDMENTS.—No amendment to the 

18 Commission bill shall be in order in the Senate 

19 and the House of Representatives. 

20 (E) VOTE ON FINAL PASSAGE.—Imme21 diately following the conclusion of the debate on 

22 the Commission bill, the vote on final passage 

23 of the Commission bill shall occur. 

24 (F) OTHER MOTIONS NOT IN ORDER.—A 

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1 mission bill, a motion to proceed to the consid2 eration of other business, or a motion to recom3 mit the Commission bill is not in order. A mo4 tion to reconsider the vote by which the Com5 mission bill is agreed to or not agreed to is not 

6 in order. 

7 (2) CONSIDERATION BY OTHER HOUSE.—If, be8 fore the passage by one House of the Commission 

9 bill that was introduced in such House, such House 

10 receives from the other House a Commission bill as 

11 passed by such other House— 

12 (A) the Commission bill of the other House 

13 shall not be referred to a committee and may 

14 only be considered for final passage in the 

15 House that receives it under subparagraph (C); 

16 (B) the procedure in the House in receipt 

17 of the Commission bill of the other House, shall 

18 be the same as if no Commission bill had been 

19 received from the other House; and 

20 (C) notwithstanding subparagraph (B), the 

21 vote on final passage shall be on the Commis22 sion bill of the other House. 

23 (3) Upon disposition of a Commission bill that 

24 is received by one House from the other House, it 


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1 shall no longer be in order to consider the Commis2 sion bill that was introduced in the receiving House. 

3 (c) RULES OF THE SENATE AND THE HOUSE OF

4 REPRESENTATIVES.—This section is enacted— 

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

6 the Senate and the House of Representatives, re7 spectively, and is deemed to be part of the rules of 

8 each House, respectively, but applicable only with re9 spect to the procedure to be followed in that House 

10 in the case of a Commission bill, and it supersedes 

11 other rules only to the extent that it is inconsistent 

12 with such rules; and 

13 (2) with full recognition of the constitutional 

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

15 they relate to the procedure of that House) at any 

16 time, in the same manner, and to the same extent 

17 as in the case of any other rule of that House. 

18 SEC. 7. TERMINATION OF THE COMMISSION. 

19 The Commission shall terminate 90 days after the 

20 date on which the Commission submits the final evaluation 

21 and plan report under section 3. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary for carrying out this Act for each 

4 of the fiscal years 2010 through 2014. 

Æ 


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