Establishes the Commission on Congressional Budgetary Accountability and Review of Federal Agencies. Directs the President to designate two Commission co-chairpersons.
Requires the Commission to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; (2) divide such programs into four equal budgetary parts; (3) evaluate executive agencies and their programs identified in each unit identified in the assessment; and (4) submit to Congress each of the next four years a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation. Provides for expedited consideration of such legislation.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 14 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 14
To establish a Commission on Congressional Budgetary Accountability and
Review of Federal Agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. Ensign (for himself, Mr. Chambliss, Mr. Isakson, Mr. Thune, Mr.
Crapo, Mr. Johanns, Mr. Alexander, and Mr. Coburn) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish a Commission on Congressional Budgetary Accountability and
Review of Federal Agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means--
(A) an Executive agency, as defined under section
105 of title 5, United States Code; and
(B) the Executive Office of the President.
(2) Calendar day.--The term ``calendar day'' means a
calendar day other than one on which either House is not in
session because of an adjournment of more than 3 days to a date
certain.
(3) Commission bill.--The term ``Commission bill'' means
only a bill which is introduced as provided under section 6,
and contains the proposed legislation included in the report
submitted to Congress under section 3(b)(1), without
modification.
(4) Program.--The term ``program'' means any activity or
function of an agency.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on
Congressional Budgetary Accountability and Review of Federal Agencies
(referred to in this Act as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall consist of 7 members,
of which, not later than 30 days after the date of enactment of
this Act--
(A) 1 shall be appointed by the President;
(B) 1 shall be appointed by the majority leader of
the Senate;
(C) 1 shall be appointed by the President pro
tempore of the Senate;
(D) 1 shall be appointed by the minority leader of
the Senate;
(E) 1 shall be appointed by the Speaker of the
House of Representatives;
(F) 1 shall be appointed by the majority leader of
the House of Representatives; and
(G) 1 shall be appointed by the minority leader of
the House of Representatives.
(2) Cochairpersons.--The President shall designate 2
Cochairpersons from among the members of the Commission. The
Cochairpersons may not be affiliated with the same political
party.
(c) Date.--Members of the Commission shall be appointed by not
later than 30 days after the date of enactment of this Act.
(d) Period of Appointment; Vacancies.--Members 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 appointment.
(e) Meetings.--
(1) 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 meeting.
(2) Subsequent meetings.--The Commission shall meet at the
call of the Cochairpersons or a majority of its members.
(f) Quorum.--Four members of the Commission shall constitute a
quorum for purposes of voting, but a quorum is not required for members
to meet and hold hearings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Systematic Assessment of Programs by the Commission.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall establish a
systematic method for assessing the effectiveness and
accountability of agency programs in accordance with paragraph
(2) and divide the programs into 4 approximately equal
budgetary parts based on the size of the budget and number of
personnel of the agency program.
(2) Method objectives.--The method established under
paragraph (1) shall--
(A) recognize different types of Federal programs;
(B) assess programs based on the achievement of
performance goals (as defined under section 1115(g)(4)
of title 31, United States Code);
(C) assess programs based in part on the adequacy
of the program's performance measures, financial
management, and other factors;
(D) assess programs based in part on whether the
program has fulfilled the legislative intent
surrounding the creation of the program, taking into
account any change in legislative intent during the
program's existence; and
(E) assess programs based in part on collaborative
analysis, with the program or agency, of program policy
and goals which may not fit into easily measurable
performance goals.
(b) Evaluation, Plan, and Legislation.--
(1) In general.--The Commission shall--
(A) evaluate all agencies and programs within those
agencies in each unit identified in the systemic
assessment under subsection (a) (1 each year over the
next 4 years), using the criteria under paragraph (3);
and
(B) submit to Congress each of the next 4 years
beginning January 1, 2011, with respect to each
evaluation under subparagraph (A)--
(i) a plan with recommendations of the
agencies and programs that should be realigned
or eliminated within each part; and
(ii) proposed legislation to implement the
plan described under clause (i).
(2) Relocation of federal employees.--The proposed
legislation under paragraph (1) shall provide that if the
position of an employee of an agency is eliminated as a result
of the implementation of the plan under paragraph (1)(A), the
affected agency shall make reasonable efforts to relocate such
employee to another position within the agency or within
another Federal agency.
(3) Criteria.--
(A) 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 agencies or programs be realigned.
(B) Wasteful or inefficient.--The Commission may
recommend the realignment or elimination of any agency
or program that has wasted Federal funds by--
(i) egregious spending;
(ii) mismanagement of resources and
personnel; or
(iii) use of such funds for personal
benefit or the benefit of a special interest
group.
(C) Outdated, irrelevant, or failed.--The
Commission shall recommend the elimination of any
agency or program that--
(i) has completed its intended purpose;
(ii) has become irrelevant; or
(iii) has failed to meet its objectives.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--Subject to subsection (d), the Cochairpersons 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 the Chairperson of the Commission
considers advisable;
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses as the Chairperson of the
Commission considers advisable; and
(3) require, by subpoena or otherwise, the production 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.--
(A) In general.--A subpoena may be issued under
this section only by--
(i) the agreement of the Cochairpersons; or
(ii) the affirmative vote of 4 members of
the Commission.
(B) Signature.--Subpoenas issued under this section
may be issued under the signature of both
Cochairpersons of the Commission and may be served by
any person designated by the Cochairpersons or by a
member designated by a majority of the Commission.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under this section, the United States
district court for the judicial district in which the
subpoenaed person resides, 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) Technical Assistance.--Upon the request of the Commission, the
head of a Federal agency shall provide such technical assistance to the
Commission as the Commission determines to be necessary to carry out
its duties.
(d) Information.--
(1) In general.--The Commission shall have reasonable
access to budgetary, performance or programmatic materials,
resources, statistical data, and other information the
Commission determines to be necessary to carry out its duties
from the Congressional Budget Office, and other agencies and
representatives of the executive and legislative branches of
the Federal Government. The Cochairpersons shall make requests
for such access in writing when necessary.
(2) Receipt, handling, storage, and dissemination of
information.--Information shall only be received, handled,
stored, and disseminated by members of the Commission and its
staff consistent with all applicable statutes, regulations, and
Executive orders.
(3) Limitation of access to personal tax information.--
Information requested, subpoenaed, or otherwise accessed under
this Act shall not include tax data from the United States
Internal Revenue Service, the release of which would otherwise
be in violation of law.
(e) 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 provided 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 employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees 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.--With the approval of the majority of the
Commission, the Cochairpersons of the Commission may, appoint
an executive director and such other additional personnel as
may be necessary to enable the Commission to perform its
duties.
(2) Compensation.--Upon the approval of the Cochairpersons,
the executive director may fix the compensation of the
executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating 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 purposes of chapters 63, 81, 83, 84, 85, 87,
89, 89A, 89B, and 90 of that title.
(B) Members of commission.--Subparagraph (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 from
the Commission, and such detail shall be without interruption or loss
of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--With the
approval of the majority of the Commission, 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.
SEC. 6. EXPEDITED CONSIDERATION OF REFORM PROPOSALS.
(a) Introduction and Committee Consideration.--
(1) Introduction.--The Commission bill language provisions
submitted pursuant to section 3(b)(1) shall be introduced in
the Senate by the majority leader, or the majority leader's
designee, and in the House of Representatives, by the Speaker,
or the Speaker's designee. Upon such introduction, the
Commission bill shall be referred to the appropriate committees
of Congress under paragraph (2). If the Commission bill is not
introduced in accordance with the preceding sentence, then any
member of Congress may introduce the Commission bill in their
respective House of Congress beginning on the date that is the
5th calendar day that such House is in session following the
date of the submission of such aggregate legislative language
provisions.
(2) Committee consideration.--
(A) Referral.--A Commission bill introduced under
paragraph (1) shall be referred to any appropriate
committee of jurisdiction in the Senate, any
appropriate committee of jurisdiction in the House of
Representatives, the Committee on the Budget of the
Senate and the Committee on the Budget of the House of
Representatives. A committee to which a Commission bill
is referred under this paragraph may review and comment
on such bill, may report such bill to the respective
House, and may not amend such bill.
(B) Reporting.--Not later than 30 calendar days
after the introduction of the Commission bill, each
Committee of Congress to which the Commission bill was
referred shall report the bill.
(C) Discharge of committee.--If a committee to
which is referred a Commission bill has not reported
such Commission bill at the end of 30 calendar days
after its introduction or at the end of the first day
after there has been reported to the House involved a
Commission bill, whichever is earlier, such committee
shall be deemed to be discharged from further
consideration of such Commission bill, and such
Commission bill shall be placed on the appropriate
calendar of the House involved.
(b) Expedited Procedure.--
(1) Consideration.--
(A) In general.--Not later than 5 calendar days
after the date on which a committee has reported a
Commission bill or been discharged from consideration
of a Commission bill, the majority leader of the
Senate, or the majority leader's designee, or the
Speaker of the House of Representatives, or the
Speaker's designee, shall move to proceed to the
consideration of the Commission bill. It shall also be
in order for any member of the Senate or the House of
Representatives, respectively, to move to proceed to
the consideration of the Commission bill at any time
after the conclusion of such 5-day period.
(B) Motion to proceed.--A motion to proceed to the
consideration of a Commission bill 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
consideration of the Commission bill. If the motion to
proceed is agreed to, the Senate or the House of
Representatives, as the case may be, shall immediately
proceed to consideration of the Commission bill without
intervening motion, order, or other business, and the
Commission bill shall remain the unfinished business of
the Senate or the House of Representatives, as the case
may be, until disposed of.
(C) Limited debate.--Debate on the Commission bill
and on all debatable motions and appeals in connection
therewith shall be limited to not more than 10 hours,
which shall be divided equally between those favoring
and those opposing the Commission bill. A motion
further to limit debate on the Commission bill is in
order and is not debatable. All time used for
consideration of the Commission bill, including time
used for quorum calls (except quorum calls immediately
preceding a vote) and voting, shall come from the 10
hours of debate.
(D) Amendments.--No amendment to the Commission
bill shall be in order in the Senate and the House of
Representatives.
(E) Vote on final passage.--Immediately following
the conclusion of the debate on the Commission bill,
the vote on final passage of the Commission bill shall
occur.
(F) Other motions not in order.--A motion to
postpone consideration of the Commission bill, a motion
to proceed to the consideration of other business, or a
motion to recommit the Commission bill is not in order.
A motion to reconsider the vote by which the Commission
bill is agreed to or not agreed to is not in order.
(2) Consideration by other house.--If, before the passage
by one House of the Commission bill that was introduced in such
House, such House receives from the other House a Commission
bill as passed by such other House--
(A) the Commission bill of the other House shall
not be referred to a committee and may only be
considered for final passage in the House that receives
it under subparagraph (C);
(B) the procedure in the House in receipt of the
Commission bill of the other House, shall be the same
as if no Commission bill had been received from the
other House; and
(C) notwithstanding subparagraph (B), the vote on
final passage shall be on the Commission bill of the
other House.
(3) Upon disposition of a Commission bill that is received
by one House from the other House, it shall no longer be in
order to consider the Commission bill that was introduced in
the receiving House.
(c) Rules of the Senate and the House of Representatives.--This
section is enacted--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and is deemed
to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a Commission bill, 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 they relate 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. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the final evaluation and plan report under section
3.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for carrying out this Act for each of the fiscal years 2012
through 2016.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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