I 
109TH CONGRESS 
1ST SESSION H. R. 2470 
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of duplicative, wasteful, or outdated functions, and for other purposes.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 
MAY 18, 2005 
Mr. TIAHRT introduced the following bill; which was referred to the Com-
mittee on 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or outdated functions, and for other purposes.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’’.
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) IN GENERAL.—The Commission shall con-
sist of 12 members, all of whom shall be appointed 
by the President not later than 90 days after the 
date of enactment of this Act. 
(2) CHAIRPERSON AND VICE CHAIRPERSON.— 
The President shall designate a chairperson and vice 
chairperson from among the members of the Com-
mission. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any 
vacancy in the Commission shall not affect its powers, but 
shall be filled in the same manner as the original appoint-
ment. 
(d) MEETINGS.— 
(1) INITIAL MEETING.—Not later than 30 days 
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold 
its first meeting. 
(2) SUBSEQUENT MEETINGS.—The Commission 
shall meet at the call of the chairperson.
(e) 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) DEFINITIONS.—In this section, the following defi-
nitions shall apply: 
(1) AGENCY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘agency’’ has the 
meaning given the term ‘‘Executive agency’’ 
under section 105 of title 5, United States 
Code. 
(B) EXCEPTIONS.—The term ‘‘agency’’ 
does not include— 
(i) the Department of Defense or its 
subdivisions; or 
(ii) any agency that solely administers 
entitlement programs. 
(2) ENTITLEMENT PROGRAM.—The term ‘‘enti-
tlement program’’ means any program that makes 
payments (including loans and grants), the budget 
authority for which is not provided for in advance by 
appropriation Acts, to any person or government if, 
under the provisions of the law containing such au-
thority, the United States is obligated to make such
payments to persons or governments who meet the 
requirements established by such law. 
(3) PROGRAM.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘program’’ means 
any activity or function of an agency. 
(B) EXCEPTION.—The term ‘‘program’’ 
does not include entitlement programs. 
(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 
(B) proposed legislation to implement the 
plan described 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) SYSTEMATIC ASSESSMENT OF PROGRAMS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the President 
shall— 
(A) establish a systematic method for as-
sessing the effectiveness and accountability of 
agency programs; and 
(B) submit, to the Commission, assess-
ments of not less than 1⁄2 of all programs cov-
ered under subsection (b)(1) that use the meth-
od established under subparagraph (A). 
(2) METHOD OBJECTIVES.—The method estab-
lished under paragraph (1) shall— 
(A) recognize different types of federal 
programs; 
(B) assess programs based primarily on 
the achievement of performance goals (as de-
fined under section 1115(f)(4) of title 31, 
United States Code); and 
(C) assess programs based in part on the 
adequacy of the program’s performance meas-
ures, financial management, and other factors 
determined by the President. 
(3) DEVELOPMENT.—The method established 
under paragraph (1) shall not be implemented until 
it has been reviewed and accepted by the Commis-
sion. 
(4) CONSIDERATION
OF
ASSESSMENTS.—The 
Commission shall consider assessments submitted 
under this subsection when evaluating programs 
under subsection (b)(1). 
(e) COMMON PERFORMANCE MEASURES.—Not later 
than 1 year after the date of enactment of this Act, the 
President shall identify common performance measures
for programs covered in subsection (b)(1) that have simi-
lar functions and, to the extent feasible, provide the Com-
mission with data on such performance measures. 
(f) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Commission 
shall submit to the President and Congress a report 
that includes— 
(A) the plan described under subsection 
(b)(2)(A), with supporting documentation for 
all recommendations; and 
(B) the proposed legislation described 
under subsection (b)(2)(B). 
(2) USE OF SAVINGS.—The proposed legislation 
described under subsection (b)(2)(B) shall provide 
that all funds saved by the implementation of the 
plan described under subsection (b)(2)(A) shall be 
used to— 
(A) support other domestic programs; or 
(B) pay down the national debt. 
(3) RELOCATION OF FEDERAL EMPLOYEES.— 
The proposed legislation under paragraph (1)(B) 
shall provide that if the position of an employee of 
an agency is eliminated as a result of the implemen-
tation of the plan under paragraph (1)(A), the af-
fected agency shall make reasonable efforts to relo-
cate such employee to another position within the 
agency or within another Federal agency. 
SEC. 4. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission or, at its direction, 
any subcommittee or member of the Commission, may, for 
the purpose of carrying out this Act— 
(1) hold such hearings, sit and act at such 
times and places, take such testimony, receive such 
evidence, and administer such oaths as any member 
of the Commission considers advisable; 
(2) require, by subpoena or otherwise, the at-
tendance and testimony of such witnesses as any 
member of the Commission considers advisable; and 
(3) require, by subpoena or otherwise, the pro-
duction of such books, records, correspondence, 
memoranda, papers, documents, tapes, and other 
evidentiary materials relating to any matter under 
investigation by the Commission. 
(b) SUBPOENAS.— 
(1) ISSUANCE.—Subpoenas issued under sub-
section (a) shall bear the signature of the chair-
person of the Commission and shall be served by any 
person or class of persons designated by the chair-
person for that purpose.
(2) ENFORCEMENT.—In the case of contumacy 
or failure to obey a subpoena issued under sub-
section (a), the United States district court for the 
judicial district in which the subpoenaed person re-
sides, is served, or may be found, may issue an order 
requiring such person to appear at any designated 
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. 
(e) GIFTS.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
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-
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 
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