II 

110TH CONGRESS 

1ST SESSION S. 1731 

To provide for the continuing review of unauthorized Federal programs and 

agencies and to establish a bipartisan commission for the purpose of 

improving oversight and eliminating wasteful Government spending. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2007 

Mr. CORNYN (for himself, Mr. VOINOVICH, 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 provide for the continuing review of unauthorized Federal 

programs and agencies and to establish a bipartisan commission for the purpose of improving oversight and eliminating wasteful Government spending. 

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 ‘‘United States Author5 ization and Sunset Commission Act of 2007’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘agency’’ means an Executive 

2 agency as defined under section 105 of title 5, 

3 United States Code; 

4 (2) the term ‘‘Commission’’ means the United 

5 States Authorization and Sunset Commission estab6 lished under section 3; and 

7 (3) the term ‘‘Commission Schedule and Review 

8 bill’’ means the proposed legislation submitted to 

9 Congress under section 4(b). 

10 SEC. 3. ESTABLISHMENT OF COMMISSION. 

11 (a) ESTABLISHMENT.—There is established the 

12 United States Authorization and Sunset Commission. 

13 (b) COMPOSITION.—The Commission shall be com14 posed of eight members (in this Act referred to as the 

15 ‘‘members’’), as follows: 

16 (1) Four members appointed by the majority 

17 leader of the Senate, one of whom may include the 

18 majority leader of the Senate, with minority mem19 bers appointed with the consent of the minority lead20 er of the Senate. 

21 (2) Four members appointed by the Speaker of 

22 the House of Representatives, one of whom may in23 clude the Speaker of the House of Representatives, 

24 with minority members appointed with the consent 


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1 of the minority leader of the House of Representa2 tives. 

3 (3) The Director of the Congressional Budget 

4 Office and the Comptroller of the Government Ac5 countability Office shall be non-voting ex officio 

6 members of the Commission. 

7 (c) QUALIFICATIONS OF MEMBERS.— 

8 (1) IN GENERAL.— 

9 (A) SENATE MEMBERS.—Of the members 

10 appointed under subsection (b)(1), four shall be 

11 members of the Senate (not more than two of 

12 whom may be of the same political party). 

13 (B) HOUSE OF REPRESENTATIVE MEM14 BERS.—Of the members appointed under sub15 section (b)(2), four shall be members of the 

16 House of Representatives, not more than two of 

17 whom may be of the same political party. 

18 (2) CONTINUATION OF MEMBERSHIP.— 

19 (A) IN GENERAL.—If a member was ap20 pointed to the Commission as a Member of 

21 Congress and the member ceases to be a Mem22 ber of Congress, that member shall cease to be 

23 a member of the Commission. 

24 (B) ACTIONS OF COMMISSION UNAF25 FECTED.—Any action of the Commission shall 


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1 not be affected as a result of a member becom2 ing ineligible under subparagraph (A). 

3 (d) INITIAL APPOINTMENTS.—Not later than 90 days 

4 after the date of enactment of this Act, all initial appoint5 ments to the Commission shall be made. 

6 (e) CHAIRPERSON; VICE CHAIRPERSON.— 

7 (1) INITIAL CHAIRPERSON.—An individual shall 

8 be designated by the Speaker of the House of Rep9 resentatives from among the members initially ap10 pointed under subsection (b)(2) to serve as chair11 person of the Commission for a period of 2 years. 

12 (2) INITIAL VICE CHAIRPERSON.—An individual 

13 shall be designated by the majority leader of the 

14 Senate from among the individuals initially ap15 pointed under subsection (b)(1) to serve as vice16 chairperson of the Commission for a period of 2 

17 years. 

18 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

19 AND VICE CHAIRMEN.—Following the termination of 

20 the 2-year period described under paragraphs (1) 

21 and (2), the Speaker and the majority leader of the 

22 Senate shall alternate every 2 years in appointing 

23 the chairperson and vice-chairperson of the Commis24 sion. 

25 (f) TERMS OF MEMBERS.— 


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1 (1) MEMBERS OF CONGRESS.—Each member 

2 appointed to the Commission shall serve for a term 

3 of 6 years, except that, of the members first ap4 pointed under paragraphs (1) and (2) of subsection 

5 (b), two members shall be appointed to serve a term 

6 of 3 years. 

7 (2) TERM LIMIT.—A member of the Commis8 sion who serves more than 3 years of a term may 

9 not be appointed to another term as a member. 

10 (g) INITIAL MEETING.—If, after 90 days after the 

11 date of enactment of this Act, five or more members of 

12 the Commission have been appointed— 

13 (1) members who have been appointed may— 

14 (A) meet; and 

15 (B) select a chairperson from among the 

16 members (if a chairperson has not been ap17 pointed) who may serve as chairperson until the 

18 appointment of a chairperson; and 

19 (2) the chairperson shall have the authority to 

20 begin the operations of the Commission, including 

21 the hiring of staff. 

22 (h) MEETING; VACANCIES.—After its initial meeting, 

23 the Commission shall meet upon the call of the chair24 person or a majority of its members. Any vacancy in the 

25 Commission shall not affect its powers, but shall be filled 


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1 in the same manner in which the original appointment was 

2 made. 

3 (i) POWERS OF THE COMMISSION.— 

4 (1) IN GENERAL.— 

5 (A) HEARINGS, TESTIMONY, AND EVI6 DENCE.—The Commission may, for the purpose 

7 of carrying out the provisions of this Act— 

8 (i) hold such hearings and sit and act 

9 at such times and places, take such testi10 mony, receive such evidence, administer 

11 such oaths; and 

12 (ii) require, by subpoena or otherwise, 

13 the attendance and testimony of such wit14 nesses and the production of such books, 

15 records, correspondence, memoranda, pa16 pers, and documents, that the Commission 

17 or such designated subcommittee or des18 ignated member may determine advisable. 

19 (B) SUBPOENAS.—Subpoenas issued under 

20 subparagraph (A)(ii) may be issued to require 

21 attendance and testimony of witnesses and the 

22 production of evidence relating to any matter 

23 under investigation by the Commission. 

24 (C) ENFORCEMENT.—The provisions of 

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1 utes of the United States (2 U.S.C. 192 

2 through 194) shall apply in the case of any fail3 ure of any witness to comply with any subpoena 

4 or to testify when summoned under authority of 

5 this paragraph. 

6 (2) CONTRACTING.—The Commission may con7 tract with and compensate government and private 

8 agencies or persons for services without regard to 

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

10 to enable the Commission to discharge its duties 

11 under this Act. 

12 (3) INFORMATION FROM FEDERAL AGENCIES.— 

13 The Commission is authorized to secure directly 

14 from any executive department, bureau, agency, 

15 board, commission, office, independent establish16 ment, or instrumentality of the Government, infor17 mation, suggestions, estimates, and statistics for the 

18 purposes of this section. Each such department, bu19 reau, agency, board, commission, office, establish20 ment, or instrumentality shall, to the extent author21 ized by law, furnish such information, suggestions, 

22 estimates, and statistics directly to the Commission, 

23 upon request made by the chairperson. 

24 (4) SUPPORT SERVICES.— 


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1 (A) GOVERNMENT ACCOUNTABILITY OF2 FICE.—The Government Accountability Office 

3 is authorized on a nonreimbursable basis to 

4 provide the Commission with administrative 

5 services, funds, facilities, staff, and other sup6 port services for the performance of the func7 tions of the Commission. 

8 (B) GENERAL SERVICES ADMINISTRA9 TION.—The Administrator of General Services 

10 shall provide to the Commission on a non11 reimbursable basis such administrative support 

12 services as the Commission may request. 

13 (C) AGENCIES.—In addition to the assist14 ance under subparagraphs (A) and (B), depart15 ments and agencies of the United States are 

16 authorized to provide to the Commission such 

17 services, funds, facilities, staff, and other sup18 port services as the Commission may determine 

19 advisable as may be authorized by law. 

20 (5) POSTAL SERVICES.—The Commission may 

21 use the United States mails in the same manner and 

22 under the same conditions as departments and agen23 cies of the United States. 

24 (6) IMMUNITY.—The Commission is an agency 

25 of the United States for purposes of part V of title 


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1 18, United States Code (relating to immunity of wit2 nesses). 

3 (7) DIRECTOR AND STAFF OF THE COMMIS4 SION.— 

5 (A) DIRECTOR.—The chairperson of the 

6 Commission may appoint a staff director and 

7 such other personnel as may be necessary to en8 able the Commission to carry out its functions, 

9 without regard to the provisions of title 5, 

10 United States Code, governing appointments in 

11 the competitive service and without regard to 

12 the provisions of chapter 51 and subchapter III 

13 of chapter 53 of that title relating to classifica14 tion and General Schedule pay rates, except 

15 that no rate of pay fixed under this subsection 

16 may exceed the equivalent of that payable to a 

17 person occupying a position at level II of the 

18 Executive Schedule. Any Federal Government 

19 employee may be detailed to the Commission 

20 without reimbursement from the Commission, 

21 and such detailee shall retain the rights, status, 

22 and privileges of his or her regular employment 

23 without interruption. 

24 (B) PERSONNEL AS FEDERAL EMPLOY25 EES.— 


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1 (i) IN GENERAL.—The executive di2 rector and any personnel of the Commis3 sion who are employees shall be employees 

4 under section 2105 of title 5, United 

5 States Code, for purposes of chapters 63, 

6 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 

7 of that title. 

8 (ii) MEMBERS OF COMMISSION.— 

9 Clause (i) shall not be construed to apply 

10 to members of the Commission. 

11 (C) PROCUREMENT OF TEMPORARY AND

12 INTERMITTENT SERVICES.—With the approval 

13 of the majority of the Commission, the chair14 person of the Commission may procure tem15 porary and intermittent services under section 

16 3109(b) of title 5, United States Code, at rates 

17 for individuals which do not exceed the daily 

18 equivalent of the annual rate of basic pay pre19 scribed for level V of the Executive Schedule 

20 under section 5316 of such title. 

21 (8) COMPENSATION AND TRAVEL EXPENSES.— 

22 (A) COMPENSATION.—Members shall not 

23 be paid by reason of their service as members. 

24 (B) TRAVEL EXPENSES.—Each member of 

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1 penses, including per diem in lieu of subsist2 ence, in accordance with sections 5702 and 

3 5703(b) of title 5, United States Code. 

4 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as necessary 

6 for the purposes of carrying out the duties of the Commis7 sion. 

8 (k) TERMINATION.—The Commission shall terminate 

9 on December 31, 2037. 

10 SEC. 4. DUTIES AND RECOMMENDATIONS OF THE UNITED 

11 STATES AUTHORIZATION AND SUNSET COM12 MISSION. 

13 (a) SCHEDULE AND REVIEW.— 

14 (1) IN GENERAL.—Not later than 18 months 

15 after the date of the enactment of this Act and at 

16 least once every 10 years thereafter, the Commission 

17 shall submit to Congress a legislative proposal that 

18 includes the schedule of review and abolishment of 

19 agencies and programs (in this section referred to as 

20 the ‘‘Commission Schedule and Review bill’’). 

21 (2) SCHEDULE.—The schedule of the Commis22 sion shall provide a timeline for the Commission’s 

23 review and proposed abolishment of— 

24 (A) at least 25 percent of unauthorized 

25 agencies or programs as measured in dollars, 


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1 including those identified by the Congressional 

2 Budget Office under section 602(e)(3) of title 

3 2, United States Code; and 

4 (B) if applicable, at least 25 percent of the 

5 programs as measured in dollars identified by 

6 the Office of Management and Budget through 

7 its Program Assessment Rating Tool program 

8 or other similar review program established by 

9 the Office of Management and Budget as inef10 fective or results not demonstrated. 

11 (3) REVIEW OF AGENCIES.—In determining the 

12 schedule for review and abolishment of agencies 

13 under paragraph (1), the Commission shall provide 

14 that any agency that performs similar or related 

15 functions be reviewed concurrently. 

16 (4) CRITERIA AND REVIEW.—The Commission 

17 shall review each agency and program identified 

18 under paragraph (1) in accordance with the fol19 lowing criteria as applicable: 

20 (A) The effectiveness and the efficiency of 

21 the program or agency. 

22 (B) The achievement of performance goals 

23 (as defined under section 1115(g)(4) of title 31, 

24 United States Code). 


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1 (C) The management of the financial and 

2 personnel issues of the program or agency. 

3 (D) Whether the program or agency has 

4 fulfilled the legislative intent surrounding its 

5 creation, taking into account any change in leg6 islative intent during the existence of the pro7 gram or agency. 

8 (E) Ways the agency or program could be 

9 less burdensome but still efficient in protecting 

10 the public. 

11 (F) Whether reorganization, consolidation, 

12 abolishment, expansion, or transfer of agencies 

13 or programs would better enable the Federal 

14 Government to accomplish its missions and 

15 goals. 

16 (G) The promptness and effectiveness of 

17 an agency in handling complaints and requests 

18 made under section 552 of title 5, United 

19 States Code (commonly referred to as the Free20 dom of Information Act). 

21 (H) The extent that the agency encourages 

22 and uses public participation when making 

23 rules and decisions. 

24 (I) The record of the agency in complying 

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1 tunity, the rights and privacy of individuals, 

2 and purchasing products from historically un3 derutilized businesses. 

4 (J) The extent to which the program or 

5 agency duplicates or conflicts with other Fed6 eral agencies, State or local government, or the 

7 private sector and if consolidation or stream8 lining into a single agency or program is fea9 sible. 

10 (b) SCHEDULE AND ABOLISHMENT OF AGENCIES

11 AND PROGRAMS.— 

12 (1) IN GENERAL.—Not later than 18 months 

13 after the date of the enactment of this Act and at 

14 least once every 10 years thereafter, the Commission 

15 shall submit to the Congress a Commission Schedule 

16 and Review bill that— 

17 (A) includes a schedule for review of agen18 cies and programs; and 

19 (B) abolishes any agency or program 2 

20 years after the date the Commission completes 

21 its review of the agency or program, unless the 

22 agency or program is reauthorized by Congress. 

23 (2) EXPEDITED CONGRESSIONAL CONSIDER24 ATION PROCEDURES.—In reviewing the Commission 


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1 Schedule and Review bill, Congress shall follow the 

2 expedited procedures under section 6. 

3 (c) RECOMMENDATIONS AND LEGISLATIVE PRO4 POSALS.— 

5 (1) REPORT.—Not later than 2 years after the 

6 date of enactment of this Act, the Commission shall 

7 submit to Congress and the President— 

8 (A) a report that reviews and analyzes ac9 cording to the criteria established under sub10 section (a)(4) for each agency and program to 

11 be reviewed in the year in which the report is 

12 submitted under the schedule submitted to Con13 gress under subsection (a)(1); 

14 (B) a proposal, if appropriate, to reauthor15 ize, reorganize, consolidate, expand, or transfer 

16 the Federal programs and agencies to be re17 viewed in the year in which the report is sub18 mitted under the schedule submitted to Con19 gress under subsection (a)(1); and 

20 (C) legislative provisions necessary to im21 plement the Commission’s proposal and rec22 ommendations. 

23 (2) ADDITIONAL REPORTS.—The Commission 

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1 tional reports as prescribed under paragraph (1) on 

2 or before June 30 of every other year. 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to limit the power of the Commis5 sion to review any Federal program or agency. 

6 (e) APPROVAL OF REPORTS.—The Commission 

7 Schedule and Review bill and all other legislative proposals 

8 and reports submitted under this section shall require the 

9 approval of not less than five members of the Commission. 

10 SEC. 5. EXPEDITED CONSIDERATION OF COMMISSION REC11 OMMENDATIONS. 

12 (a) INTRODUCTION AND COMMITTEE CONSIDER13 ATION.— 

14 (1) INTRODUCTION.—If any legislative proposal 

15 with provisions is submitted to Congress under sec16 tion 4(c), a bill with that proposal and provisions 

17 shall be introduced in the Senate by the majority 

18 leader, and in the House of Representatives, by the 

19 Speaker. Upon introduction, the bill shall be referred 

20 to the appropriate committees of Congress under 

21 paragraph (2). If the bill is not introduced in ac22 cordance with the preceding sentence, then any 

23 Member of Congress may introduce that bill in their 

24 respective House of Congress beginning on the date 

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


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1 session following the date of the submission of such 

2 proposal with provisions. 

3 (2) COMMITTEE CONSIDERATION.— 

4 (A) REFERRAL.—A bill introduced under 

5 paragraph (1) shall be referred to any appro6 priate committee of jurisdiction in the Senate, 

7 any appropriate committee of jurisdiction in the 

8 House of Representatives, the Committee on 

9 the Budget and the Committee on Homeland 

10 Security and Governmental Affairs of the Sen11 ate, and the Committee on the Budget and the 

12 Committee on Homeland Security and Govern13 mental Affairs of the House of Representatives. 

14 (B) REPORTING.—Not later than 30 cal15 endar days after the introduction of the bill, 

16 each committee of Congress to which the bill 

17 was referred shall report the bill or a committee 

18 amendment thereto. 

19 (C) DISCHARGE OF COMMITTEE.—If a 

20 committee to which is referred a bill has not re21 ported such bill at the end of 30 calendar days 

22 after its introduction or at the end of the first 

23 day after there has been reported to the House 

24 involved a bill, whichever is earlier, such com25 mittee shall be deemed to be discharged from 


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1 further consideration of such bill, and such bill 

2 shall be placed on the appropriate calendar of 

3 the House involved. 

4 (b) EXPEDITED PROCEDURE.— 

5 (1) CONSIDERATION.— 

6 (A) IN GENERAL.—Not later than 5 cal7 endar days after the date on which a committee 

8 has been discharged from consideration of a 

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

10 majority leader’s designee, or the Speaker of 

11 the House of Representatives, or the Speaker’s 

12 designee, shall move to proceed to the consider13 ation of the committee amendment to the bill, 

14 and if there is no such amendment, to the bill. 

15 It shall also be in order for any member of the 

16 Senate or the House of Representatives, respec17 tively, to move to proceed to the consideration 

18 of the bill at any time after the conclusion of 

19 such 5-day period. 

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

21 proceed to the consideration of a bill is highly 

22 privileged in the House of Representatives and 

23 is privileged in the Senate and is not debatable. 

24 The motion is not subject to amendment, to a 

25 motion to postpone consideration of the bill, or 


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1 to a motion to proceed to the consideration of 

2 other business. A motion to reconsider the vote 

3 by which the motion to proceed is agreed to or 

4 not agreed to shall not be in order. If the mo5 tion to proceed is agreed to, the Senate or the 

6 House of Representatives, as the case may be, 

7 shall immediately proceed to consideration of 

8 the bill without intervening motion, order, or 

9 other business, and the bill shall remain the un10 finished business of the Senate or the House of 

11 Representatives, as the case may be, until dis12 posed of. 

13 (C) LIMITED DEBATE.—Debate on the bill 

14 and all amendments thereto and on all debat15 able motions and appeals in connection there16 with shall be limited to not more than 50 hours, 

17 which shall be divided equally between those fa18 voring and those opposing the bill. A motion 

19 further to limit debate on the bill is in order 

20 and is not debatable. All time used for consider21 ation of the bill, including time used for 

22 quorum calls (except quorum calls immediately 

23 preceding a vote) and voting, shall come from 

24 the 50 hours of debate. 


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1 (D) AMENDMENTS.—No amendment that 

2 is not germane to the provisions of the bill shall 

3 be in order in the Senate. In the Senate, an 

4 amendment, any amendment to an amendment, 

5 or any debatable motion or appeal is debatable 

6 for not to exceed 1 hour to be divided equally 

7 between those favoring and those opposing the 

8 amendment, motion, or appeal. 

9 (E) VOTE ON FINAL PASSAGE.—Imme10 diately following the conclusion of the debate on 

11 the bill, and the disposition of any pending 

12 amendments under subparagraph (D), the vote 

13 on final passage of the bill shall occur. 

14 (F) OTHER MOTIONS NOT IN ORDER.—A 

15 motion to postpone consideration of the bill, a 

16 motion to proceed to the consideration of other 

17 business, or a motion to recommit the bill is not 

18 in order. A motion to reconsider the vote by 

19 which the bill is agreed to or not agreed to is 

20 not in order. 

21 (2) CONSIDERATION BY OTHER HOUSE.—If, be22 fore the passage by one House of the bill that was 

23 introduced in such House, such House receives from 

24 the other House a bill as passed by such other 

25 House— 


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1 (A) the bill of the other House shall not be 

2 referred to a committee and may only be con3 sidered for final passage in the House that re4 ceives it under subparagraph (C); 

5 (B) the procedure in the House in receipt 

6 of the bill of the other House, with respect to 

7 the bill that was introduced in the House in re8 ceipt of the bill of the other House, shall be the 

9 same as if no bill had been received from the 

10 other House; and 

11 (C) notwithstanding subparagraph (B), the 

12 vote on final passage shall be on the bill of the 

13 other House. 

14 Upon disposition of a bill that is received by one 

15 House from the other House, it shall no longer be 

16 in order to consider the bill that was introduced in 

17 the receiving House. 

18 (3) CONSIDERATION IN CONFERENCE.— 

19 (A) CONVENING OF CONFERENCE.—Imme20 diately upon final passage of a bill that results 

21 in a disagreement between the two Houses of 

22 Congress with respect to a bill, conferees shall 

23 be appointed and a conference convened. 

24 (B) ACTION ON CONFERENCE REPORTS IN

25 THE SENATE.— 


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1 (i) MOTION TO PROCEED.—The mo2 tion to proceed to consideration in the Sen3 ate of the conference report on a bill may 

4 be made even though a previous motion to 

5 the same effect has been disagreed to. 

6 (ii) DEBATE.—Consideration in the 

7 Senate of the conference report (including 

8 a message between Houses) on a bill, and 

9 all amendments in disagreement, including 

10 all amendments thereto, and debatable mo11 tions and appeals in connection therewith, 

12 shall be limited to 20 hours, equally di13 vided and controlled by the majority leader 

14 and the minority leader or their designees. 

15 Debate on any debatable motion or appeal 

16 related to the conference report (or a mes17 sage between Houses) shall be limited to 1 

18 hour, to be equally divided between, and 

19 controlled by, the mover and the manager 

20 of the conference report (or a message be21 tween Houses). 

22 (iii) CONFERENCE REPORT DE23 FEATED.—Should the conference report be 

24 defeated, debate on any request for a new 

25 conference and the appointment of 


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1 conferrees shall be limited to 1 hour, to be 

2 equally divided between, and controlled by, 

3 the manager of the conference report and 

4 the minority leader or the minority leader’s 

5 designee, and should any motion be made 

6 to instruct the conferees before the con7 ferees are named, debate on such motion 

shall be limited to 1 8 ⁄2 hour, to be equally 

9 divided between, and controlled by, the 

10 mover and the manager of the conference 

11 report. Debate on any amendment to any 

12 such instructions shall be limited to 20 

13 minutes, to be equally divided between and 

14 controlled by the mover and the manager 

15 of the conference report. In all cases when 

16 the manager of the conference report is in 

17 favor of any motion, appeal, or amend18 ment, the time in opposition shall be under 

19 the control of the minority leader or the 

20 minority leader’s designee. 

21 (iv) AMENDMENTS IN DISAGREE22 MENT.—In any case in which there are 

23 amendments in disagreement, time on each 

24 amendment shall be limited to 30 minutes, 

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1 trolled by, the manager of the conference 

2 report and the minority leader or the mi3 nority leader’s designee. No amendment 

4 that is not germane to the provisions of 

5 such amendments shall be received. 

6 (v) LIMITATION ON MOTION TO RE7 COMMIT.—A motion to recommit the con8 ference report is not in order. 

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

10 REPRESENTATIVES.—This section is enacted by Con11 gress— 

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

13 the Senate and the House of Representatives, re14 spectively, and is deemed to be part of the rules of 

15 each House, respectively, but applicable only with re16 spect to the procedure to be followed in that House 

17 in the case of a bill, and it supersedes other rules 

18 only to the extent that it is inconsistent with such 

19 rules; and 

20 (2) with full recognition of the constitutional 

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

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

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

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


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1 SEC. 6. EXPEDITED CONSIDERATION OF COMMISSION 

2 SCHEDULE AND REVIEW BILL. 

3 (a) INTRODUCTION AND COMMITTEE CONSIDER4 ATION.— 

5 (1) INTRODUCTION.—The Commission Schedule 

6 and Review bill submitted under section 4(b) shall 

7 be introduced in the Senate by the majority leader, 

8 or the majority leader’s designee, and in the House 

9 of Representatives, by the Speaker, or the Speaker’s 

10 designee. Upon such introduction, the Commission 

11 Schedule and Review bill shall be referred to the ap12 propriate committees of Congress under paragraph 

13 (2). If the Commission Schedule and Review bill is 

14 not introduced in accordance with the preceding sen15 tence, then any member of Congress may introduce 

16 the Commission Schedule and Review bill in their re17 spective House of Congress beginning on the date 

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

19 session following the date of the submission of such 

20 aggregate legislative language provisions. 

21 (2) COMMITTEE CONSIDERATION.— 

22 (A) REFERRAL.—A Commission Schedule 

23 and Review bill introduced under paragraph (1) 

24 shall be referred to any appropriate committee 

25 of jurisdiction in the Senate, any appropriate 

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1 resentatives, the Committee on the Budget and 

2 the Committee on Homeland Security and Gov3 ernmental Affairs of the Senate and the Com4 mittee on the Budget and the Committee on 

5 Oversight and Government Reform of the 

6 House of Representatives. A committee to 

7 which a Commission Schedule and Review bill is 

8 referred under this paragraph may review and 

9 comment on such bill, may report such bill to 

10 the respective House, and may not amend such 

11 bill. 

12 (B) REPORTING.—Not later than 30 cal13 endar days after the introduction of the Com14 mission Schedule and Review bill, each Com15 mittee of Congress to which the Commission 

16 Schedule and Review bill was referred shall re17 port the bill. 

18 (C) DISCHARGE OF COMMITTEE.—If a 

19 committee to which is referred a Commission 

20 Schedule and Review bill has not reported such 

21 Commission Schedule and Review bill at the 

22 end of 30 calendar days after its introduction 

23 or at the end of the first day after there has 

24 been reported to the House involved a Commis25 sion Schedule and Review bill, whichever is earVerDate Aug 31 2005 00:27 Jun 30, 2007 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1731.IS S1731

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1 lier, such committee shall be deemed to be dis2 charged from further consideration of such 

3 Commission Schedule and Review bill, and such 

4 Commission Schedule and Review bill shall be 

5 placed on the appropriate calendar of the 

6 House involved. 

7 (b) EXPEDITED PROCEDURE.— 

8 (1) CONSIDERATION.— 

9 (A) IN GENERAL.—Not later than 5 cal10 endar days after the date on which a committee 

11 has been discharged from consideration of a 

12 Commission Schedule and Review bill, the ma13 jority leader of the Senate, or the majority lead14 er’s designee, or the Speaker of the House of 

15 Representatives, or the Speaker’s designee, 

16 shall move to proceed to the consideration of 

17 the Commission Schedule and Review bill. It 

18 shall also be in order for any member of the 

19 Senate or the House of Representatives, respec20 tively, to move to proceed to the consideration 

21 of the Commission Schedule and Review bill at 

22 any time after the conclusion of such 5-day pe23 riod. 

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

25 proceed to the consideration of a Commission 


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1 Schedule and Review bill is highly privileged in 

2 the House of Representatives and is privileged 

3 in the Senate and is not debatable. The motion 

4 is not subject to amendment, to a motion to 

5 postpone consideration of the Commission 

6 Schedule and Review bill, or to a motion to pro7 ceed to the consideration of other business. A 

8 motion to reconsider the vote by which the mo9 tion to proceed is agreed to or not agreed to 

10 shall not be in order. If the motion to proceed 

11 is agreed to, the Senate or the House of Rep12 resentatives, as the case may be, shall imme13 diately proceed to consideration of the Commis14 sion Schedule and Review bill without inter15 vening motion, order, or other business, and the 

16 Commission Schedule and Review bill shall re17 main the unfinished business of the Senate or 

18 the House of Representatives, as the case may 

19 be, until disposed of. 

20 (C) LIMITED DEBATE.—Debate on the 

21 Commission Schedule and Review bill and on all 

22 debatable motions and appeals in connection 

23 therewith shall be limited to not more than 10 

24 hours, which shall be divided equally between 

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1 sion Schedule and Review bill. A motion further 

2 to limit debate on the Commission Schedule 

3 and Review bill is in order and is not debatable. 

4 All time used for consideration of the Commis5 sion Schedule and Review bill, including time 

6 used for quorum calls (except quorum calls im7 mediately preceding a vote) and voting, shall 

8 come from the 10 hours of debate. 

9 (D) AMENDMENTS.—No amendment to the 

10 Commission Schedule and Review bill shall be 

11 in order in the Senate and the House of Rep12 resentatives. 

13 (E) VOTE ON FINAL PASSAGE.—Imme14 diately following the conclusion of the debate on 

15 the Commission Schedule and Review bill, the 

16 vote on final passage of the Commission Sched17 ule and Review bill shall occur. 

18 (F) OTHER MOTIONS NOT IN ORDER.—A 

19 motion to postpone consideration of the Com20 mission Schedule and Review bill, a motion to 

21 proceed to the consideration of other business, 

22 or a motion to recommit the Commission 

23 Schedule and Review bill is not in order. A mo24 tion to reconsider the vote by which the ComVerDate Aug 31 2005 00:27 Jun 30, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1731.IS S1731

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1 mission Schedule and Review bill is agreed to or 

2 not agreed to is not in order. 

3 (2) CONSIDERATION BY OTHER HOUSE.—If, be4 fore the passage by one House of the Commission 

5 Schedule and Review bill that was introduced in 

6 such House, such House receives from the other 

7 House a Commission Schedule and Review bill as 

8 passed by such other House— 

9 (A) the Commission Schedule and Review 

10 bill of the other House shall not be referred to 

11 a committee and may only be considered for 

12 final passage in the House that receives it 

13 under subparagraph (C); 

14 (B) the procedure in the House in receipt 

15 of the Commission Schedule and Review bill of 

16 the other House, with respect to the Commis17 sion Schedule and Review bill that was intro18 duced in the House in receipt of the Commis19 sion Schedule and Review bill of the other 

20 House, shall be the same as if no Commission 

21 Schedule and Review bill had been received 

22 from the other House; and 

23 (C) notwithstanding subparagraph (B), the 

24 vote on final passage shall be on the Commis25 sion Schedule and Review bill of the other 


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1 House. Upon disposition of a Commission 

2 Schedule and Review bill that is received by one 

3 House from the other House, it shall no longer 

4 be in order to consider the Commission Sched5 ule and Review bill that was introduced in the 

6 receiving House. 

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

8 REPRESENTATIVES.—This section is enacted by Con9 gress— 

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

11 the Senate and the House of Representatives, re12 spectively, and is deemed to be part of the rules of 

13 each House, respectively, but applicable only with re14 spect to the procedure to be followed in that House 

15 in the case of a Commission Schedule and Review 

16 bill, and it supersedes other rules only to the extent 

17 that it is inconsistent with such rules; and 

18 (2) with full recognition of the constitutional 

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

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

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

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

Æ 


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