[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1668 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1668

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    of duplicative, wasteful, or outdated functions, and for other 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 SENATE OF THE UNITED STATES

                           September 26, 2003

Mr. Brownback (for himself, Mr. Miller, Mr. Alexander, Mr. Allard, Mr. 
 Allen, Mr. Bunning, Mr. Burns, Mr. Chambliss, Mr. Cornyn, Mr. Craig, 
 Mr. Crapo, Mr. Ensign, Mr. Enzi, Mr. Fitzgerald, Mr. Graham of South 
Carolina, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr. Kyl, Mr. Lott, Mr. 
  McCain, Ms. Murkowski, Mr. Nickles, Mr. Santorum, Mr. Sessions, Mr. 
 Sununu, Mr. Thomas, and Mr. Voinovich) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 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    of duplicative, wasteful, or outdated functions, and for other 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 Representatives 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 Commission on the 
Accountability and Review of Federal Agencies (hereafter in this Act 
referred to as the ``Commission'').
    (b) Membership.--
            (1) In general.--The Commission shall consist 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 Commission.
    (c) 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.
    (d) 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 chairperson.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) Definitions.--In this section, the following definitions 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 ``entitlement 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 authority, 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 
        realigned.
            (2) Wasteful or inefficient.--The Commission shall 
        recommend the realignment or elimination of any agency or 
        program that has wasted Federal funds by--
                    (A) egregious spending;
                    (B) mismanagement of resources and personnel; 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 assessing the 
                effectiveness and accountability of agency programs; 
                and
                    (B) submit, to the Commission, assessments of not 
                less than \1/2\ of all programs covered under 
                subsection (b)(1) that use the method established under 
                subparagraph (A).
            (2) Method objectives.--The method established under 
        paragraph (1) shall--
                    (A) recognize different types of federal programs;
                    (B) assess programs based primarily on the 
                achievement of performance goals (as defined 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 measures, 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 Commission.
            (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 similar functions and, to the extent feasible, provide the 
Commission 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 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.

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 attendance and 
        testimony of such witnesses as any member 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.--Subpoenas issued under subsection (a) shall 
        bear the signature of the chairperson of the Commission and 
        shall be served by any person or class of persons designated by 
        the chairperson for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under subsection (a), 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) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this Act. Upon request of 
the chairperson of the Commission, the head of such department 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 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.--The chairperson of the Commission 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 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, 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, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) Procurement of Temporary and Intermittent 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.

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(f).

SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.

    (a) Definitions.--In this section:
            (1) Implementation bill.--The term ``implementation bill'' 
        means only a bill which is introduced as provided under 
        subsection (b), and contains the proposed legislation included 
        in the report submitted to Congress under section 3, without 
        modification.
            (2) Calendar day.--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 immediately following the date on 
        which the report is submitted to Congress under section 3, a 
        single implementation 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 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 
                Representatives.
            (2) Referral.--The implementation bills introduced under 
        paragraph (1) shall be referred to any appropriate committee of 
        jurisdiction in the Senate and any appropriate committee of 
        jurisdiction 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 reported 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 further consideration of such bill, and upon 
        being reported or discharged from the committee, such bill 
        shall be placed on the appropriate calendar.
    (c) Floor Consideration.--
            (1) In general.--When the committee to which an 
        implementation bill is referred has reported, 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 
reconsider 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.
            (3) Debate.--Debate on the implementation 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 
        resolution. A motion further to limit debate is in order and 
        not debatable. An amendment to, or a motion to postpone, or a 
        motion to proceed to the consideration of other business, or a 
        motion to recommit the implementation bill is not in order. A 
        motion to reconsider the vote by which the implementation bill 
        is agreed to or disagreed to is not in order.
            (4) Vote on final passage.--Immediately following the 
        conclusion of the debate on an implementation bill, and a 
        single quorum call at the conclusion of the debate if requested 
        in accordance with the rules of the appropriate House, the vote 
        on final passage of the implementation bill shall occur.
            (5) Rulings of the chair on procedure.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate or the House of Representatives, as the case may 
        be, to the procedure relating to an implementation bill shall 
        be decided without debate.
    (d) Coordination With Action by Other House.--If, before the 
passage by 1 House of an implementation bill of that House, that House 
receives from the other House an implementation bill, then the 
following procedures shall apply:
            (1) Nonreferral.--The implementation bill of the other 
        House shall not be referred to a committee.
            (2) Vote on bill of other house.--With respect to an 
        implementation bill of the House receiving the implementation 
        bill--
                    (A) the procedure in that House shall be the same 
                as if no implementation bill had been received from the 
                other House; but
                    (B) the vote on final passage shall be on the 
                implementation bill of the other House.
    (e) Rules of Senate and House of Representatives.--This section is 
enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a 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 an implementation bill described 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 carrying out this Act for each of the fiscal years 2004 
through 2006.
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