II 

108TH CONGRESS 

1ST SESSION S. 1668

To establish a commission to conduct a comprehensive review of Federal 

agencies and programs and to recommend the elimination or realignment 

of duplicative, wasteful, or outdated functions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26, 2003

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

Mr. ALLEN, Mr. BUNNING, Mr. BURNS, Mr. CHAMBLISS, Mr. CORNYN, 

Mr. CRAIG, Mr. CRAPO, Mr. ENSIGN, Mr. ENZI, Mr. FITZGERALD, Mr. 

GRAHAM of South Carolina, Mr. HATCH, Mrs. HUTCHISON, Mr. INHOFE, 

Mr. KYL, Mr. LOTT, Mr. MCCAIN, Ms. MURKOWSKI, Mr. NICKLES, Mr. 

SANTORUM, Mr. SESSIONS, Mr. SUNUNU, Mr. THOMAS, and Mr. 

VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs 

A BILL

To establish a commission to conduct a comprehensive review 

of Federal agencies and programs and to recommend 

the elimination or realignment of duplicative, wasteful, 

or outdated functions, and for other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission on the 

5 Accountability and Review of Federal Agencies Act’’. 
2

•S 1668 IS 

1 SEC. 2. ESTABLISHMENT OF COMMISSION. 

2 (a) ESTABLISHMENT.—There is established the Com3 mission on the Accountability and Review of Federal 

4 Agencies (hereafter in this Act referred to as the ‘‘Com5 mission’’). 

6 (b) MEMBERSHIP.—

7 (1) IN GENERAL.—The Commission shall con8 sist of 12 members, all of whom shall be appointed 

9 by the President not later than 90 days after the 

10 date of enactment of this Act. 

11 (2) CHAIRPERSON AND VICE CHAIRPERSON.—

12 The President shall designate a chairperson and vice 

13 chairperson from among the members of the Com14 mission. 

15 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem16 bers shall be appointed for the life of the Commission. Any 

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

18 shall be filled in the same manner as the original appoint19 ment. 

20 (d) MEETINGS.—

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

22 after the date on which all members of the Commis23 sion have been appointed, the Commission shall hold 

24 its first meeting. 

25 (2) SUBSEQUENT MEETINGS.—The Commission 

26 shall meet at the call of the chairperson. 
3

•S 1668 IS 

1 (e) QUORUM.—A majority of the members of the 

2 Commission shall constitute a quorum, but a lesser num3 ber of members may hold hearings. 

4 SEC. 3. DUTIES OF THE COMMISSION. 

5 (a) DEFINITIONS.—In this section, the following defi6 nitions shall apply: 

7 (1) AGENCY.—

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the term ‘‘agency’’ has the 

10 meaning given the term ‘‘Executive agency’’ 

11 under section 105 of title 5, United States 

12 Code. 

13 (B) EXCEPTIONS.—The term ‘‘agency’’ 

14 does not include—

15 (i) the Department of Defense or its 

16 subdivisions; or 

17 (ii) any agency that solely administers 

18 entitlement programs. 

19 (2) ENTITLEMENT PROGRAM.—The term ‘‘enti20 tlement program’’ means any program that makes 

21 payments (including loans and grants), the budget 

22 authority for which is not provided for in advance by 

23 appropriation Acts, to any person or government if, 

24 under the provisions of the law containing such au25 thority, the United States is obligated to make such 
4

•S 1668 IS 

1 payments to persons or governments who meet the 

2 requirements established by such law. 

3 (3) PROGRAM.—

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the term ‘‘program’’ means 

6 any activity or function of an agency. 

7 (B) EXCEPTION.—The term ‘‘program’’ 

8 does not include entitlement programs. 

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

10 (1) evaluate all agencies and programs within 

11 those agencies, using the criteria under subsection 

12 (c); and 

13 (2) submit to Congress—

14 (A) a plan with recommendations of the 

15 agencies and programs that should be realigned 

16 or eliminated; and 

17 (B) proposed legislation to implement the 

18 plan described under subparagraph (A). 

19 (c) CRITERIA.—

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

21 programs are performing the same essential function 

22 and the function can be consolidated or streamlined 

23 into a single agency or program, the Commission 

24 shall recommend that the agency or program be re25 aligned.
5

•S 1668 IS 

1 (2) WASTEFUL OR INEFFICIENT.—The Com2 mission shall recommend the realignment or elimi3 nation of any agency or program that has wasted 

4 Federal funds by—

5 (A) egregious spending; 

6 (B) mismanagement of resources and per7 sonnel; or 

8 (C) use of such funds for personal benefit 

9 or the benefit of a special interest group. 

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

11 Commission shall recommend the elimination of any 

12 agency or program that—

13 (A) has completed its intended purpose; 

14 (B) has become irrelevant; or 

15 (C) has failed to meet its objectives. 

16 (d) SYSTEMATIC ASSESSMENT OF PROGRAMS.—

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

18 the date of enactment of this Act, the President 

19 shall—

20 (A) establish a systematic method for as21 sessing the effectiveness and accountability of 

22 agency programs; and 

23 (B) submit, to the Commission, assessments of not less than 1 24 ⁄2 of all programs cov-
6

•S 1668 IS 

1 ered under subsection (b)(1) that use the meth2 od established under subparagraph (A). 

3 (2) METHOD OBJECTIVES.—The method estab4 lished under paragraph (1) shall—

5 (A) recognize different types of federal 

6 programs; 

7 (B) assess programs based primarily on 

8 the achievement of performance goals (as de9 fined under section 1115(f)(4) of title 31, 

10 United States Code); and 

11 (C) assess programs based in part on the 

12 adequacy of the program’s performance meas13 ures, financial management, and other factors 

14 determined by the President. 

15 (3) DEVELOPMENT.—The method established 

16 under paragraph (1) shall not be implemented until 

17 it has been reviewed and accepted by the Commis18 sion. 

19 (4) CONSIDERATION OF ASSESSMENTS.—The 

20 Commission shall consider assessments submitted 

21 under this subsection when evaluating programs 

22 under subsection (b)(1). 

23 (e) COMMON PERFORMANCE MEASURES.—Not later 

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

25 President shall identify common performance measures 
7

•S 1668 IS 

1 for programs covered in subsection (b)(1) that have simi2 lar functions and, to the extent feasible, provide the Com3 mission with data on such performance measures. 

4 (f) REPORT.—

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

6 the date of enactment of this Act, the Commission 

7 shall submit to the President and Congress a report 

8 that includes—

9 (A) the plan described under subsection 

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

11 all recommendations; and 

12 (B) the proposed legislation described 

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

14 (2) USE OF SAVINGS.—The proposed legislation 

15 described under subsection (b)(2)(B) shall provide 

16 that all funds saved by the implementation of the 

17 plan described under subsection (b)(2)(A) shall be 

18 used to—

19 (A) support other domestic programs; or 

20 (B) pay down the national debt. 

21 (3) RELOCATION OF FEDERAL EMPLOYEES.—

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

23 shall provide that if the position of an employee of 

24 an agency is eliminated as a result of the implemen25 tation of the plan under paragraph (1)(A), the af-
8

•S 1668 IS 

1 fected agency shall make reasonable efforts to relo2 cate such employee to another position within the 

3 agency or within another Federal agency. 

4 SEC. 4. POWERS OF THE COMMISSION. 

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

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

7 the purpose of carrying out this Act—

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

9 times and places, take such testimony, receive such 

10 evidence, and administer such oaths as any member 

11 of the Commission considers advisable; 

12 (2) require, by subpoena or otherwise, the at13 tendance and testimony of such witnesses as any 

14 member of the Commission considers advisable; and 

15 (3) require, by subpoena or otherwise, the pro16 duction of such books, records, correspondence, 

17 memoranda, papers, documents, tapes, and other 

18 evidentiary materials relating to any matter under 

19 investigation by the Commission. 

20 (b) SUBPOENAS.—

21 (1) ISSUANCE.—Subpoenas issued under sub22 section (a) shall bear the signature of the chair23 person of the Commission and shall be served by any 

24 person or class of persons designated by the chair25 person for that purpose. 
9

•S 1668 IS 

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

2 or failure to obey a subpoena issued under sub3 section (a), the United States district court for the 

4 judicial district in which the subpoenaed person re5 sides, is served, or may be found, may issue an order 

6 requiring such person to appear at any designated 

7 place to testify or to produce documentary or other 

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

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

10 court. 

11 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

12 Commission may secure directly from any Federal depart13 ment or agency such information as the Commission con14 siders necessary to carry out this Act. Upon request of 

15 the chairperson of the Commission, the head of such de16 partment or agency shall furnish such information to the 

17 Commission. 

18 (d) POSTAL SERVICES.—The Commission may use 

19 the United States mails in the same manner and under 

20 the same conditions as other departments and agencies of 

21 the Federal Government. 

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

23 dispose of gifts or donations of services or property. 

24 SEC. 5. COMMISSION PERSONNEL MATTERS. 

25 (a) COMPENSATION OF MEMBERS.—
10

•S 1668 IS 

1 (1) NON-FEDERAL MEMBERS.—Except as pro2 vided under subsection (b), each member of the 

3 Commission who is not an officer or employee of the 

4 Federal Government shall not be compensated. 

5 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

6 members of the Commission who are officers or em7 ployees of the United States shall serve without com8 pensation in addition to that received for their serv9 ices as officers or employees of the United States. 

10 (b) TRAVEL EXPENSES.—The members of the Com11 mission shall be allowed travel expenses, including per 

12 diem in lieu of subsistence, at rates authorized for employ13 ees of agencies under subchapter I of chapter 57 of title 

14 5, United States Code, while away from their homes or 

15 regular places of business in the performance of services 

16 for the Commission. 

17 (c) STAFF.—

18 (1) IN GENERAL.—The chairperson of the Com19 mission may, without regard to the civil service laws 

20 and regulations, appoint and terminate an executive 

21 director and such other additional personnel as may 

22 be necessary to enable the Commission to perform 

23 its duties. The employment of an executive director 

24 shall be subject to confirmation by the Commission. 
11

•S 1668 IS 

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

2 chairperson, the executive director may fix the com3 pensation of the executive director and other per4 sonnel without regard to chapter 51 and subchapter 

5 III of chapter 53 of title 5, United States Code, re6 lating to classification of positions and General 

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

8 the executive director and other personnel may not 

9 exceed the maximum rate payable for a position at 

10 GS–15 of the General Schedule under section 5332 

11 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 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, and such detail shall 
12

•S 1668 IS 

1 be without interruption or loss of civil service status or 

2 privilege. 

3 (e) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The chairperson of the Commission 

5 may procure temporary and intermittent services under 

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

7 for individuals which do not exceed the daily equivalent 

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

9 the Executive Schedule under section 5316 of such title. 

10 SEC. 6. TERMINATION OF THE COMMISSION. 

11 The Commission shall terminate 90 days after the 

12 date on which the Commission submits the report under 

13 section 3(f). 

14 SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM 

15 PROPOSALS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) IMPLEMENTATION BILL.—The term ‘‘imple18 mentation bill’’ means only a bill which is introduced 

19 as provided under subsection (b), and contains the 

20 proposed legislation included in the report submitted 

21 to Congress under section 3, without modification. 

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

23 means a calendar day other than 1 on which either 

24 House is not in session because of an adjournment 

25 of more than 3 days to a date certain. 
13

•S 1668 IS 

1 (b) INTRODUCTION; REFERRAL; AND REPORT OR

2 DISCHARGE.—

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

4 on which both Houses are in session, on or imme5 diately following the date on which the report is sub6 mitted to Congress under section 3, a single imple7 mentation bill shall be introduced (by request)—

8 (A) in the Senate by the Majority Leader 

9 of the Senate, for himself and the Minority 

10 Leader of the Senate, or by Members of the 

11 Senate designated by the Majority Leader and 

12 Minority Leader of the Senate; and 

13 (B) in the House of Representatives by the 

14 Speaker of the House of Representatives, for 

15 himself and the Minority Leader of the House 

16 of Representatives, or by Members of the House 

17 of Representatives designated by the Speaker 

18 and Minority Leader of the House of Rep19 resentatives.

20 (2) REFERRAL.—The implementation bills in21 troduced under paragraph (1) shall be referred to 

22 any appropriate committee of jurisdiction in the 

23 Senate and any appropriate committee of jurisdic24 tion in the House of Representatives. A committee 

25 to which an implementation bill is referred under 
14

•S 1668 IS 

1 this paragraph may report such bill to the respective 

2 House without amendment. 

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

4 which an implementation bill is referred has not re5 ported such bill by the end of the 15th calendar day 

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

7 committee shall be immediately discharged from fur8 ther consideration of such bill, and upon being re9 ported or discharged from the committee, such bill 

10 shall be placed on the appropriate calendar. 

11 (c) FLOOR CONSIDERATION.—

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

13 which an implementation bill is referred has re14 ported, or has been discharged under subsection 

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

16 though a previous motion to the same effect has 

17 been disagreed to) for any Member of the respective 

18 House to move to proceed to the consideration of the 

19 implementation bill, and all points of order against 

20 the implementation bill (and against consideration of 

21 the implementation bill) are waived. The motion is 

22 highly privileged in the House of Representatives 

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

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

25 motion to postpone, or to a motion to proceed to the
15

•S 1668 IS 

1 consideration of other business. A motion to recon2 sider the vote by which the motion is agreed to or 

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

4 proceed to the consideration of the implementation 

5 bill is agreed to, the implementation bill shall remain 

6 the unfinished business of the respective House until 

7 disposed of. 

8 (2) AMENDMENTS.—An implementation bill 

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

10 Representatives. 

11 (3) DEBATE.—Debate on the implementation 

12 bill, and on all debatable motions and appeals in 

13 connection therewith, shall be limited to not more 

14 than 10 hours, which shall be divided equally be15 tween those favoring and those opposing the resolu16 tion. A motion further to limit debate is in order and 

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

18 postpone, or a motion to proceed to the consider19 ation of other business, or a motion to recommit the 

20 implementation bill is not in order. A motion to re21 consider the vote by which the implementation bill is 

22 agreed to or disagreed to is not in order. 

23 (4) VOTE ON FINAL PASSAGE.—Immediately 

24 following the conclusion of the debate on an imple25 mentation bill, and a single quorum call at the con-
16

•S 1668 IS 

1 clusion of the debate if requested in accordance with 

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

3 passage of the implementation bill shall occur. 

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

5 Appeals from the decisions of the Chair relating to 

6 the application of the rules of the Senate or the 

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

8 procedure relating to an implementation bill shall be 

9 decided without debate. 

10 (d) COORDINATION WITH ACTION BY OTHER

11 HOUSE.—If, before the passage by 1 House of an imple12 mentation bill of that House, that House receives from 

13 the other House an implementation bill, then the following 

14 procedures shall apply: 

15 (1) NONREFERRAL.—The implementation bill 

16 of the other House shall not be referred to a com17 mittee. 

18 (2) VOTE ON BILL OF OTHER HOUSE.—With 

19 respect to an implementation bill of the House re20 ceiving the implementation bill—

21 (A) the procedure in that House shall be 

22 the same as if no implementation bill had been 

23 received from the other House; but 

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

25 the implementation bill of the other House. 
17

•S 1668 IS 

1 (e) RULES OF SENATE AND HOUSE OF REPRESENTA2 TIVES.—This section is enacted by Congress—

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

4 the Senate and House of Representatives, respec5 tively, and as such it is deemed a part of the rules 

6 of each House, respectively, but applicable only with 

7 respect to the procedure to be followed in that 

8 House in the case of an implementation bill de9 scribed in subsection (a), and it supersedes other 

10 rules only to the extent that it is inconsistent with 

11 such rules; and 

12 (2) with full recognition of the constitutional 

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

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

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

16 the case of any other rule of that House. 

17 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

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

20 of the fiscal years 2004 through 2006.

Æ