II 

110TH CONGRESS 

1ST SESSION S. 1935 

To establish a Commission on Congressional Budgetary Accountability and 

Review of Federal Agencies. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2007 

Mr. BROWNBACK (for himself, Mr. GREGG, Mr. COBURN, Mr. CRAPO, Mr. 

SUNUNU, Mr. ALEXANDER, Mr. ALLARD, Mr. CORKER, Mr. CORNYN, Mr. 

CRAIG, Mrs. DOLE, Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, Mrs. 

HUTCHISON, Mr. INHOFE, Mr. ISAKSON, Mr. MARTINEZ, Mr. MCCAIN, 

Mr. SESSIONS, Mr. THUNE, Mr. VITTER, Mr. DEMINT, Mr. KYL, and 

Mr. CHAMBLISS) 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 


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1 (B) the Executive Office of the President. 

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

3 means a calendar day other than 1 on which either 

4 House is not in session because of an adjournment 

5 of more than 3 days to a date certain. 

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

7 bill’’ means only a bill which is introduced as pro8 vided under section 6, and contains the proposed 

9 legislation included in the report submitted to Con10 gress under section 3(b)(3), without modification. 

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

12 any activity or function of an agency. 

13 SEC. 2. ESTABLISHMENT OF COMMISSION. 

14 (a) ESTABLISHMENT.—There is established the Com15 mission on Congressional Budgetary Accountability and 

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

17 ‘‘Commission’’). 

18 (b) MEMBERSHIP.— 

19 (1) IN GENERAL.—The Commission shall con20 sist of 15 members, of which, not later than 30 days 

21 after the date of enactment of this Act— 

22 (A) 3 shall be appointed by the President; 

23 (B) 3 shall be appointed by the majority 

24 leader of the Senate; 


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1 (C) 3 shall be appointed by the minority 

2 leader of the Senate; 

3 (D) 3 shall be appointed by the Speaker of 

4 the House of Representatives; and 

5 (E) 3 shall be appointed by the minority 

6 leader of the House of Representatives. 

7 (2) COCHAIRPERSONS.—The President shall 

8 designate 2 Cochairpersons from among the mem9 bers of the Commission. The Cochairpersons may 

10 not be affiliated with the same political party. 

11 (c) DATE.—Members of the Commission shall be ap12 pointed by not later than 30 days after the date of enact13 ment of this Act. 

14 (d) PERIOD OF APPOINTMENT; VACANCIES.—Mem15 bers shall be appointed for the life of the Commission. Any 

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

17 shall be filled in the same manner as the original appoint18 ment. 

19 (e) MEETINGS.— 

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

21 after the date on which all members of the Commis22 sion have been appointed, the Commission shall hold 

23 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.—Eight 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 PRESIDENT.— 

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

12 the date of enactment of this Act and each of the 

13 next 3 years thereafter, the President shall— 

14 (A) establish a systematic method for as15 sessing the effectiveness and accountability of 

16 agency programs in accordance with paragraph 

17 (2) and divide the programs into 4 approxi18 mately equal budgetary parts based on the size 

19 of the budget and number of personnel of the 

20 agency program; and 

21 (B) submit, to the Commission each year, 

22 an assessment of the programs within each part 

23 (1 each year) that use the method established 

24 under subparagraph (A). 


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1 (2) METHOD OBJECTIVES.—The method estab2 lished under paragraph (1) shall— 

3 (A) recognize different types of Federal 

4 programs; 

5 (B) assess programs based on the achieve6 ment of performance goals (as defined under 

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

8 Code); 

9 (C) assess programs based in part on the 

10 adequacy of the program’s performance meas11 ures, financial management, and other factors 

12 determined by the President; 

13 (D) assess programs based in part on 

14 whether the program has fulfilled the legislative 

15 intent surrounding the creation of the program, 

16 taking into account any change in legislative in17 tent during the program’s existence; and 

18 (E) assess programs based in part on col19 laborative analysis, with the program or agency, 

20 of program policy and goals which may not fit 

21 into easily measurable performance goals. 

22 (3) COMMON PERFORMANCE MEASURES.—Not 

23 later than 1 year after the date of enactment of this 

24 Act, the President shall identify common perform25 ance measures for programs covered in paragraph 


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1 (1) that have similar functions and, to the extent 

2 feasible, provide the Commission with data on such 

3 performance measures. 

4 (b) EVALUATION AND PLAN BY COMMISSION.— 

5 (1) DEVELOPMENT.—The method established 

6 under subsection (a) shall be subject to review and 

7 change by the Commission. If the Commission 

8 makes any changes in the method, the Commission 

9 shall notify Congress not later than 1 year after re10 viewing the first assessment from the President 

11 under this section. 

12 (2) CONSIDERATION OF ASSESSMENTS.—The 

13 Commission shall consider assessments submitted 

14 under subsection (a) when evaluating programs 

15 under this subsection. 

16 (3) ASSESSMENT AND LEGISLATION.— 

17 (A) IN GENERAL.—The Commission 

18 shall— 

19 (i) evaluate all agencies and programs 

20 within those agencies in each unit identi21 fied in the systemic assessment under sub22 section (a) (1 each year over the next 4 

23 years), using the criteria under subsection 

24 (a) subject to modification under para25 graph (1); and 


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1 (ii) submit to Congress each of the 

2 next 4 years beginning January 1, 2008, 

3 with respect to each evaluation under 

4 clause (i)— 

5 (I) a plan with recommendations 

6 of the agencies and programs that 

7 should be realigned or eliminated 

8 within each part; and 

9 (II) proposed legislation to imple10 ment the plan described under sub11 clause (I). 

12 (B) RELOCATION OF FEDERAL EMPLOY13 EES.—The proposed legislation under subpara14 graph (A) shall provide that if the position of 

15 an employee of an agency is eliminated as a re16 sult of the implementation of the plan under 

17 subparagraph (A)(i), the affected agency shall 

18 make reasonable efforts to relocate such em19 ployee to another position within the agency or 

20 within another Federal agency. 

21 (4) CRITERIA.— 

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

23 or programs are performing the same essential 

24 function and the function can be consolidated 

25 or streamlined into a single agency or program, 


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1 the Commission shall recommend that the agen2 cies or programs be realigned. 

3 (B) WASTEFUL OR INEFFICIENT.—The 

4 Commission may recommend the realignment or 

5 elimination of any agency or program that has 

6 wasted Federal funds by— 

7 (i) egregious spending; 

8 (ii) mismanagement of resources and 

9 personnel; or 

10 (iii) use of such funds for personal 

11 benefit or the benefit of a special interest 

12 group. 

13 (C) OUTDATED, IRRELEVANT, OR

14 FAILED.—The Commission shall recommend 

15 the elimination of any agency or program 

16 that— 

17 (i) has completed its intended pur18 pose; 

19 (ii) has become irrelevant; or 

20 (iii) has failed to meet its objectives. 

21 SEC. 4. POWERS OF THE COMMISSION. 

22 (a) HEARINGS.—Subject to subsection (d), the Co23 chairpersons of the Commission may, for the purpose of 

24 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 the chair4 person of the Commission considers advisable; 

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

7 chairperson of the Commission considers advisable; 

8 and 

9 (3) require, by subpoena or otherwise, the pro10 duction of such books, records, correspondence, 

11 memoranda, papers, documents, tapes, and other 

12 evidentiary materials relating to any matter under 

13 investigation by the Commission. 

14 (b) SUBPOENAS.— 

15 (1) ISSUANCE.— 

16 (A) IN GENERAL.—A subpoena may be 

17 issued under this section only by— 

18 (i) the agreement of the Cochair19 persons; or 

20 (ii) the affirmative vote of 8 members 

21 of the Commission. 

22 (B) SIGNATURE.—Subpoenas issued under 

23 this section may be issued under the signature 

24 of both Cochairpersons of the Commission and 

25 may be served by any person designated by the 


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1 Cochairpersons or by a member designated by 

2 a majority of the Commission. 

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

4 or failure to obey a subpoena issued under this sec5 tion, the United States district court for the judicial 

6 district in which the subpoenaed person resides, is 

7 served, or may be found, may issue an order requir8 ing such person to appear at any designated place 

9 to testify or to produce documentary or other evi10 dence. Any failure to obey the order of the court 

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

12 court. 

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

14 the Commission, the head of a Federal agency shall pro15 vide such technical assistance to the Commission as the 

16 Commission determines to be necessary to carry out its 

17 duties. 

18 (d) INFORMATION.— 

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

20 reasonable access to budgetary, performance or pro21 grammatic materials, resources, statistical data, and 

22 other information the Commission determines to be 

23 necessary to carry out its duties from the Congres24 sional Budget Office, and other agencies and rep25 resentatives of the executive and legislative branches 


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1 of the Federal Government. The Cochairpersons 

2 shall make requests for such access in writing when 

3 necessary. 

4 (2) RECEIPT, HANDLING, STORAGE, AND DIS5 SEMINATION OF INFORMATION.—Information shall 

6 only be received, handled, stored, and disseminated 

7 by members of the Commission and its staff con8 sistent with all applicable statutes, regulations, and 

9 Executive orders. 

10 (3) LIMITATION OF ACCESS TO PERSONAL TAX

11 INFORMATION.—Information requested, subpoenaed, 

12 or otherwise accessed under this Act shall not in13 clude tax data from the United States Internal Rev14 enue Service, the release of which would otherwise 

15 be in violation of law. 

16 (e) RECEIPT, HANDLING, STORAGE, AND DISSEMINA17 TION OF INFORMATION.—Information shall only be re18 ceived, handled, stored, and disseminated by members of 

19 the Commission and its staff consistent with all applicable 

20 statutes, regulations, and Executive orders. 

21 (f) POSTAL SERVICES.—The Commission may use 

22 the United States mails in the same manner and under 

23 the same conditions as other departments and agencies of 

24 the Federal Government. 


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1 SEC. 5. COMMISSION PERSONNEL MATTERS. 

2 (a) COMPENSATION OF MEMBERS.— 

3 (1) NON-FEDERAL MEMBERS.—Except as pro4 vided under subsection (b), each member of the 

5 Commission who is not an officer or employee of the 

6 Federal Government shall not be compensated. 

7 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

8 members of the Commission who are officers or em9 ployees of the United States shall serve without com10 pensation in addition to that received for their serv11 ices as officers or employees of the United States. 

12 (b) TRAVEL EXPENSES.—The members of the Com13 mission shall be allowed travel expenses, including per 

14 diem in lieu of subsistence, at rates authorized for employ15 ees of agencies under subchapter I of chapter 57 of title 

16 5, United States Code, while away from their homes or 

17 regular places of business in the performance of services 

18 for the Commission. 

19 (c) STAFF.— 

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

21 majority of the Commission, the Cochairpersons of 

22 the Commission may, appoint an executive director 

23 and such other additional personnel as may be nec24 essary to enable the Commission to perform its du25 ties. 


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

2 Cochairpersons, the executive director may fix the 

3 compensation of the executive director and other 

4 personnel without regard to chapter 51 and sub5 chapter III of chapter 53 of title 5, United States 

6 Code, relating to classification of positions and Gen7 eral Schedule pay rates, except that the rate of pay 

8 for the executive director and other personnel may 

9 not exceed the maximum rate payable for a position 

10 at GS–15 of the General Schedule under section 

11 5332 of such title. 

12 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

13 (A) IN GENERAL.—The executive director 

14 and any personnel of the Commission who are 

15 employees shall be employees under section 

16 2105 of title 5, United States Code, for pur17 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

18 89A, 89B, and 90 of that title. 

19 (B) MEMBERS OF COMMISSION.—Subpara20 graph (A) shall not be construed to apply to 

21 members of the Commission. 

22 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

23 Federal Government employee may be detailed to the 

24 Commission without reimbursement from the Commission, 


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1 and such detail shall be without interruption or loss of 

2 civil service status or privilege. 

3 (e) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—With the approval of the majority of 

5 the Commission, the chairperson of the Commission may 

6 procure temporary and intermittent services under section 

7 3109(b) of title 5, United States Code, at rates for individ8 uals which do not exceed the daily equivalent of the annual 

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

10 Schedule under section 5316 of such title. 

11 SEC. 6. EXPEDITED CONSIDERATION OF REFORM PRO12 POSALS. 

13 (a) INTRODUCTION AND COMMITTEE CONSIDER14 ATION.— 

15 (1) INTRODUCTION.—The Commission bill lan16 guage provisions submitted pursuant to section 

17 3(b)(3) shall be introduced in the Senate by the ma18 jority leader, or the majority leader’s designee, and 

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

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

21 Commission bill shall be referred to the appropriate 

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

23 Commission bill is not introduced in accordance with 

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1 spective House of Congress beginning on the date 

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

3 session following the date of the submission of such 

4 aggregate legislative language provisions. 

5 (2) COMMITTEE CONSIDERATION.— 

6 (A) REFERRAL.—A Commission bill intro7 duced under paragraph (1) shall be referred to 

8 any appropriate committee of jurisdiction in the 

9 Senate, any appropriate committee of jurisdic10 tion in the House of Representatives, the Com11 mittee on the Budget of the Senate and the 

12 Committee on the Budget of the House of Rep13 resentatives. A committee to which a Commis14 sion bill is referred under this paragraph may 

15 review and comment on such bill, may report 

16 such bill to the respective House, and may not 

17 amend such bill. 

18 (B) REPORTING.—Not later than 30 cal19 endar days after the introduction of the Com20 mission bill, each Committee of Congress to 

21 which the Commission bill was referred shall re22 port the bill. 

23 (C) DISCHARGE OF COMMITTEE.—If a 

24 committee to which is referred a Commission 

25 bill has not reported such Commission bill at 


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1 the end of 30 calendar days after its introduc2 tion or at the end of the first day after there 

3 has been reported to the House involved a Com4 mission bill, whichever is earlier, such com5 mittee shall be deemed to be discharged from 

6 further consideration of such Commission bill, 

7 and such Commission bill shall be placed on the 

8 appropriate calendar of the House involved. 

9 (b) EXPEDITED PROCEDURE.— 

10 (1) CONSIDERATION.— 

11 (A) IN GENERAL.—Not later than 5 cal12 endar days after the date on which a committee 

13 has reported a Commission bill or been dis14 charged from consideration of a Commission 

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

16 majority leader’s designee, or the Speaker of 

17 the House of Representatives, or the Speaker’s 

18 designee, shall move to proceed to the consider19 ation of the Commission bill. It shall also be in 

20 order for any member of the Senate or the 

21 House of Representatives, respectively, to move 

22 to proceed to the consideration of the Commis23 sion bill at any time after the conclusion of 

24 such 5-day period. 


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1 (B) MOTION TO PROCEED.—A motion to 

2 proceed to the consideration of a Commission 

3 bill is highly privileged in the House of Rep4 resentatives and is privileged in the Senate and 

5 is not debatable. The motion is not subject to 

6 amendment or to a motion to postpone consid7 eration of the Commission bill. A motion to pro8 ceed to the consideration of other business shall 

9 not be in order. A motion to reconsider the vote 

10 by which the motion to proceed is agreed to or 

11 not agreed to shall not be in order. If the mo12 tion to proceed is agreed to, the Senate or the 

13 House of Representatives, as the case may be, 

14 shall immediately proceed to consideration of 

15 the Commission bill without intervening motion, 

16 order, or other business, and the Commission 

17 bill shall remain the unfinished business of the 

18 Senate or the House of Representatives, as the 

19 case may be, until disposed of. 

20 (C) LIMITED DEBATE.—Debate on the 

21 Commission bill and on all debatable motions 

22 and appeals in connection therewith shall be 

23 limited to not more than 10 hours, which shall 

24 be divided equally between those favoring and 

25 those opposing the Commission bill. A motion 


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1 further to limit debate on the Commission bill 

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

3 for consideration of the Commission bill, includ4 ing time used for quorum calls (except quorum 

5 calls immediately preceding a vote) and voting, 

6 shall come from the 10 hours of debate. 

7 (D) AMENDMENTS.—No amendment to the 

8 Commission bill shall be in order in the Senate 

9 and the House of Representatives. 

10 (E) VOTE ON FINAL PASSAGE.—Imme11 diately following the conclusion of the debate on 

12 the Commission bill, the vote on final passage 

13 of the Commission bill shall occur. 

14 (F) OTHER MOTIONS NOT IN ORDER.—A 

15 motion to postpone consideration of the Com16 mission bill, a motion to proceed to the consid17 eration of other business, or a motion to recom18 mit the Commission bill is not in order. A mo19 tion to reconsider the vote by which the Com20 mission bill is agreed to or not agreed to is not 

21 in order. 

22 (2) CONSIDERATION BY OTHER HOUSE.—If, be23 fore the passage by one House of the Commission 

24 bill that was introduced in such House, such House 


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1 receives from the other House a Commission bill as 

2 passed by such other House— 

3 (A) the Commission bill of the other House 

4 shall not be referred to a committee and may 

5 only be considered for final passage in the 

6 House that receives it under subparagraph (C); 

7 (B) the procedure in the House in receipt 

8 of the Commission bill of the other House, with 

9 respect to the Commission bill that was intro10 duced in the House in receipt of the Commis11 sion bill of the other House, shall be the same 

12 as if no Commission bill had been received from 

13 the other House; and 

14 (C) notwithstanding subparagraph (B), the 

15 vote on final passage shall be on the Commis16 sion bill of the other House. 

17 Upon disposition of a Commission bill that is re18 ceived by one House from the other House, it shall 

19 no longer be in order to consider the Commission bill 

20 that was introduced in the receiving House. 

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

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

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

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1 spectively, and is deemed to be part of the rules of 

2 each House, respectively, but applicable only with re3 spect to the procedure to be followed in that House 

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

5 other rules only to the extent that it is inconsistent 

6 with such rules; and 

7 (2) with full recognition of the constitutional 

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

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

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

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

12 SEC. 7. TERMINATION OF THE COMMISSION. 

13 The Commission shall terminate 90 days after the 

14 date on which the Commission submits the final evaluation 

15 and plan report under section 3. 

16 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

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

19 of the fiscal years 2008 through 2012. 

Æ 


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