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[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.
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