I 
111TH CONGRESS 
1ST SESSION H. R. 1802 
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of duplicative, wasteful, or outdated functions, and for other purposes.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 HOUSE OF REPRESENTATIVES 
MARCH 30, 2009 
Mr. TIAHRT introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committee on Rules, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
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or outdated functions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commission on the 
Accountability and Review of Federal Agencies Act’’. 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
SEC. 2. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established the Com-
mission on the Accountability and Review of Federal 
Agencies (hereafter in this Act referred to as the ‘‘Com-
mission’’). 
(b) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.— 
(A) IN GENERAL.—The Commission shall 
be composed of 7 members appointed by the 
President as follows: 
(i) One in consultation with the 
Speaker of the House of Representatives. 
(ii) One in consultation with the mi-
nority leader of the House of Representa-
tives. 
(iii) One in consultation with the ma-
jority leader of the Senate. 
(iv) One in consultation with the mi-
nority leader of the Senate. 
(v) Three other members. 
(B) EX
OFFICIO
MEMBERS.—The Presi-
dent may appoint up to 4 Members of Congress 
(up to 2 from each House) as nonvoting ex offi-
cio members of the Commission. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
vacancy in the Commission shall not affect its powers, but 
shall be filled in the same manner as the original appoint-
ment. 
(d) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Commission have 
been appointed, the Commission shall hold its first meet-
ing. 
(e) MEETINGS.—The Commission shall meet at the 
call of the chairperson. 
(f) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings. 
SEC. 3. DUTIES OF THE COMMISSION. 
(a) DEFINITION.—The term ‘‘agency’’, as used in 
this section, has the meaning given the term ‘‘executive 
agency’’ under section 105 of title 5, United States Code. 
(b) IN GENERAL.—The Commission shall— 
(1) evaluate all agencies and programs within 
those agencies, using the criteria under subsection 
(c); and 
(2) submit to Congress— 
(A) a plan with recommendations of the 
agencies and programs that should be realigned 
or eliminated; and 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
(B) proposed legislation to implement the 
plan under subparagraph (A). 
(c) CRITERIA.— 
(1) DUPLICATIVE.—If 2 or more agencies or 
programs are performing the same essential function 
and the function can be consolidated or streamlined 
into a single agency or program, the Commission 
shall recommend that the agency or program be re-
aligned. 
(2) WASTEFUL
OR
INEFFICIENT.—The Com-
mission shall recommend the realignment or elimi-
nation of any agency or program that has wasted 
Federal funds by— 
(A) egregious spending; 
(B) mismanagement of resources and per-
sonnel; or 
(C) use of such funds for personal benefit 
or the benefit of a special interest group. 
(3) OUTDATED, IRRELEVANT, OR FAILED.—The 
Commission shall recommend the elimination of any 
agency or program that— 
(A) has completed its intended purpose; 
(B) has become irrelevant; or 
(C) has failed to meet its objectives. 
(d) REPORT.— 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
place to testify or to produce documentary or other 
evidence. Any failure to obey the order of the court 
may be punished by the court as a contempt of that 
court. 
(c) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this Act. Upon request of 
the chairperson of the Commission, the head of such de-
partment or agency shall furnish such information to the 
Commission. 
(d) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as other departments and agencies of 
the Federal Government. 
SEC. 5. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.— 
(1) NON-FEDERAL MEMBERS.—Except as pro-
vided under subsection (b), each member of the 
Commission who is not an officer or employee of the 
Federal Government shall not be compensated. 
(2) FEDERAL OFFICERS OR EMPLOYEES.—All 
members of the Commission who are officers or em-
ployees of the United States shall serve without com-
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
pensation in addition to that received for their serv-
ices as officers or employees of the United States. 
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title 
5, United States Code, while away from their homes or 
regular places of business in the performance of services 
for the Commission. 
(c) STAFF.— 
(1) IN GENERAL.—The chairperson of the Com-
mission may, without regard to the civil service laws 
and regulations, appoint and terminate an executive 
director and such other additional personnel as may 
be necessary to enable the Commission to perform 
its duties. The employment of an executive director 
shall be subject to confirmation by the Commission. 
(2) COMPENSATION.—Upon the approval of the 
chairperson, the executive director may fix the com-
pensation of the executive director and other per-
sonnel without regard to chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, re-
lating to classification of positions and General 
Schedule pay rates, except that the rate of pay for 
the executive director and other personnel may not 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
exceed the maximum rate payable for a position at 
GS–15 of the General Schedule under section 5332 
of such title. 
(3) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—The executive director 
and any personnel of the Commission who are 
employees shall be employees under section 
2105 of title 5, United States Code, for pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) shall not be construed to apply to 
members of the Commission. 
(d) DETAIL
OF GOVERNMENT EMPLOYEES.—Any 
Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall 
be without interruption or loss of civil service status or 
privilege. 
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairperson of the Commission 
may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of 
the Executive Schedule under section 5316 of such title. 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
SEC. 6. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 90 days after the 
date on which the Commission submits the report under 
section 3(d). 
SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM 
PROPOSALS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘implementation bill’’ means only 
a bill which is introduced as provided under sub-
section (b), and contains the proposed legislation in-
cluded in the report submitted to Congress under 
section 3, without modification; and 
(2) the term ‘‘calendar day’’ means a calendar 
day other than 1 on which either House is not in 
session because of an adjournment of more than 3 
days to a date certain. 
(b) INTRODUCTION; REFERRAL; AND REPORT
OR 
DISCHARGE.— 
(1) INTRODUCTION.—On the first calendar day 
on which both Houses are in session, on or imme-
diately following the date on which the report is sub-
mitted to Congress under section 3, a single imple-
mentation bill shall be introduced (by request)— 
(A) in the Senate by the majority leader of 
the Senate, for himself and the minority leader 
of the Senate, or by Members of the Senate 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
designated by the majority leader and minority 
leader of the Senate; and 
(B) in the House of Representatives by the 
Speaker of the House of Representatives, for 
himself and the minority leader of the House of 
Representatives, or by Members of the House of 
Representatives designated by the Speaker and 
minority leader of the House of Representa-
tives. 
(2) REFERRAL.—The implementation bills in-
troduced under paragraph (1) shall be referred to 
any appropriate committee of jurisdiction in the 
Senate and any appropriate committee of jurisdic-
tion in the House of Representatives. A committee 
to which an implementation bill is referred under 
this paragraph may report such bill to the respective 
House without amendment. 
(3) REPORT OR DISCHARGE.—If a committee to 
which an implementation bill is referred has not re-
ported such bill by the end of the 15th calendar day 
after the date of the introduction of such bill, such 
committee shall be immediately discharged from fur-
ther consideration of such bill, and upon being re-
ported or discharged from the committee, such bill 
shall be placed on the appropriate calendar. 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
(c) FLOOR CONSIDERATION.— 
(1) IN
GENERAL.—When the committee to 
which an implementation bill is referred has re-
ported, or has been discharged under subsection 
(b)(3), it is at any time thereafter in order (even 
though a previous motion to the same effect has 
been disagreed to) for any Member of the respective 
House to move to proceed to the consideration of the 
implementation bill, and all points of order against 
the implementation bill (and against consideration of 
the implementation bill) are waived. The motion is 
highly privileged in the House of Representatives 
and is privileged in the Senate and is not debatable. 
The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to recon-
sider the vote by which the motion is agreed to or 
disagreed to shall not be in order. If a motion to 
proceed to the consideration of the implementation 
bill is agreed to, the implementation bill shall remain 
the unfinished business of the respective House until 
disposed of. 
(2) AMENDMENTS.—An implementation bill 
may not be amended in the Senate or the House of 
Representatives. 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS
scribed in subsection (a), and it supersedes other 
rules only to the extent that it is inconsistent with 
such rules; and 
(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary for each of fiscal years 2010 through 
2013 for carrying out this Act. 
Æ 
VerDate Nov 24 2008 
00:42 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H1802.IH
H1802
SMARTINEZ on PROD1PC64 with BILLS