I 
111TH CONGRESS 
1ST SESSION 
H. R. 311 
To cap discretionary spending, eliminate wasteful and duplicative agencies, 
reform entitlement programs, and reform the congressional earmark process. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2009 
Mr. BRADY of Texas (for himself, Mr. KINGSTON, Mr. AKIN, Mr. BARRETT 
of South Carolina, Mr. BARTLETT, Mrs. BLACKBURN, Mr. BROUN of 
Georgia, Mr. CONAWAY, Mr. FRANKS of Arizona, Mr. GARRETT of New 
Jersey, Mr. GINGREY of Georgia, Mr. HENSARLING, Mr. JORDAN of 
Ohio, Mr. LAMBORN, Mr. MCCLINTOCK, Mr. PITTS, and Mr. POSEY) in-
troduced the following bill; which was referred to the Committee on the 
Budget, and in addition to the Committees on Rules and Oversight and 
Government Reform, 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 cap discretionary spending, eliminate wasteful and dupli-
cative agencies, reform entitlement programs, and reform 
the congressional earmark process. 
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 ‘‘Spending Reform Act 
of 2009’’. 
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TITLE I—CAPS ON 
DISCRETIONARY SPENDING 
SEC. 101. DISCRETIONARY SPENDING LIMITS. 
(a) CONTENT OF CONCURRENT RESOLUTION ON THE 
BUDGET.—Section 301(a) of the Congressional Budget 
Act of 1974 is amended by striking ‘‘and’’ at the end of 
paragraph (6), by striking the period and inserting ‘‘; 
and’’ at the end of paragraph (7), and by inserting at the 
end the following new paragraph: 
‘‘(8) the discretionary spending limit.’’. 
(b) POINT OF ORDER.—Section 312(b) of the Con-
gressional Budget Act of 1974 is amended to read as fol-
lows: 
‘‘(b) 
DISCRETIONARY
SPENDING
POINTS
OF 
ORDER.— 
‘‘(1) IN
GENERAL.—(A) Except as otherwise 
provided in this subsection, it shall not be in order 
in the House of Representatives or the Senate to 
consider any bill or joint resolution (or amendment, 
motion, or conference report on that bill or resolu-
tion) that would exceed for any fiscal year the dis-
cretionary spending limit set forth in the most re-
cent concurrent resolution on the budget for that fis-
cal year. 
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‘‘(B) It shall not be in order in the House of 
Representatives or the Senate to consider any con-
current resolution on the budget unless it sets forth 
a discretionary spending limit for the fiscal year be-
ginning on October 1 of the calendar year in which 
that concurrent resolution is reported and for each 
of the 4 ensuing fiscal years that for any such fiscal 
year does not exceed the discretionary spending limit 
for the previous fiscal year increased by the esti-
mated change in the Consumer Price Index for All 
Urban Consumers. The discretionary spending limit 
for fiscal year 2010 is the number set forth in sec-
tion 312(b)(2) of the concurrent resolution on the 
budget for fiscal year 2010. 
‘‘(2) EXCEPTIONS.—Paragraph (1)(A) shall not 
apply if a declaration of war by the Congress is in 
effect.’’. 
(c) SUPER MAJORITY POINT OF ORDER IN THE SEN-
ATE.—Subsection (c)(1) and subsection (d)(2) of section 
904 of the Congressional Budget Act of 1974 is amended 
by inserting ‘‘312(b),’’ after ‘‘310(d)(2),’’ each place it ap-
pears. 
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TITLE II—SUNSETTING OF 
FEDERAL AGENCIES 
SEC. 201. REVIEW AND ABOLISHMENT OF FEDERAL AGEN-
CIES. 
(a) SCHEDULE FOR REVIEW.—Not later than one 
year after the date of the enactment of this Act, the Fed-
eral Agency Sunset Commission established under section 
202 (in this title referred to as the ‘‘Commission’’) shall 
submit to Congress a schedule for review by the Commis-
sion, at least once every 12 years (or less, if determined 
appropriate by Congress), of the abolishment or reorga-
nization of each agency. 
(b) REVIEW OF AGENCIES PERFORMING RELATED 
FUNCTIONS.—In determining the schedule for review of 
agencies under subsection (a), the Commission shall pro-
vide that agencies that perform similar or related func-
tions be reviewed concurrently to promote efficiency and 
consolidation. 
(c) ABOLISHMENT OF AGENCIES.— 
(1) IN GENERAL.—Each agency shall— 
(A) be reviewed according to the schedule 
created pursuant to this section; and 
(B) be abolished not later than one year 
after the date that the Commission completes 
its review of the agency pursuant to such sched-
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ule, unless the agency is reauthorized by the 
Congress. 
(2) EXTENSION.—The deadline for abolishing 
an agency may be extended for an additional two 
years after the date described in paragraph (1)(B) 
if the Congress enacts legislation extending such 
deadline by a vote of a super majority of the House 
of Representatives and the Senate. 
SEC. 202. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Federal Agency Sunset Com-
mission’’. 
(b) COMPOSITION.—The Commission shall be com-
posed of 12 members (in this title referred to as the 
‘‘members’’) who shall be appointed as follows: 
(1) Six members shall be appointed by the 
Speaker of the House of Representatives, one of 
whom may include the Speaker of the House of Rep-
resentatives, with minority members appointed with 
the consent of the minority leader of the House of 
Representatives. 
(2) Six members shall be appointed by the ma-
jority leader of the Senate, one of whom may include 
the majority leader of the Senate, with minority 
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members appointed with the consent of the minority 
leader of the Senate. 
(c) QUALIFICATIONS OF MEMBERS.— 
(1) IN
GENERAL.—(A) Of the members ap-
pointed under subsection (b)(1), four shall be mem-
bers of the House of Representatives (not more than 
two of whom may be of the same political party), 
and two shall be an individual described in subpara-
graph (C). 
(B) Of the members appointed under subsection 
(b)(2), four shall be members of the Senate (not 
more than two of whom may be of the same political 
party) and two shall be an individual described in 
subparagraph (C). 
(C) An individual under this subparagraph is 
an individual— 
(i) who is not a member of Congress; and 
(ii) with expertise in the operation and ad-
ministration of Government programs. 
(2) CONTINUATION
OF
MEMBERSHIP.—If a 
member was appointed to the Commission as a 
member of Congress and the member ceases to be 
a member of Congress, that member shall cease to 
be a member of the Commission. The validity of any 
action of the Commission shall not be affected as a 
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result of a member becoming ineligible to serve as 
a member for the reasons described in this para-
graph. 
(d) INITIAL APPOINTMENTS.—All initial appoint-
ments to the Commission shall be made not later than 90 
days after the date of the enactment of this Act. 
(e) CHAIRMAN; VICE CHAIRMAN.— 
(1) INITIAL CHAIRMAN.—An individual shall be 
designated by the Speaker of the House of Rep-
resentatives from among the members initially ap-
pointed under subsection (b)(1) to serve as Chair-
man of the Commission for a period of 2 years. 
(2) INITIAL
VICE
CHAIRMAN.—An individual 
shall be designated by the majority leader of the 
Senate from among the individuals initially ap-
pointed under subsection (b)(2) to serve as Vice 
Chairman of the Commission for a period of two 
years. 
(3) ALTERNATE APPOINTMENTS OF CHAIRMEN 
AND VICE CHAIRMEN.—Following the termination of 
the two-year period described in paragraphs (1) and 
(2), the Speaker and the majority leader shall alter-
nate every two years in appointing the chairman and 
Vice Chairman of the Commission. 
(f) TERMS OF MEMBERS.— 
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