[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2454 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2454
To limit the period of authorization of new budget authority provided
in appropriation Acts, to require analysis, appraisal, and evaluation
of existing programs for which continued new budget authority is
proposed to be authorized by committees of Congress, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 20, 2016
Mr. Paul (for himself, Mr. Enzi, and Mr. Sessions) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To limit the period of authorization of new budget authority provided
in appropriation Acts, to require analysis, appraisal, and evaluation
of existing programs for which continued new budget authority is
proposed to be authorized by committees of Congress, 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 ``Legislative Performance Review Act
of 2016''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``agency'' has the meaning given the term
Executive agency under section 105 of title 5, United States
Code;
(2) the term ``appropriation Act'' means an Act referred to
in section 105 of title 1, United States Code;
(3) the term ``authorization'' means an Act authorizing new
budget authority to be provided in appropriation Acts;
(4) the term ``new budget authority'' means budget
authority (as defined in section 3(2)(A) of the Congressional
Budget Act of 1974 (2 U.S.C. 622(2)(A))) which is provided in
an appropriation Act; and
(5) the term ``program'' means any activities or purposes
for which there is a separate authorization of new budget
authority.
SEC. 3. BILLS AND RESOLUTIONS SUBJECT TO POINT OF ORDER.
(a) In General.--It shall not be in order in either the Senate or
the House of Representatives to consider--
(1) any bill or resolution which authorizes the enactment
of new budget authority for a period of more than 4 fiscal
years, except as provided in section 4; or
(2) any bill or resolution which authorizes the enactment
of an unlimited amount of new budget authority for any purpose
or purposes.
(b) Point of Order.--In the Senate, a point of order under this
section may be raised by a Senator as provided in section 313(e) of the
Congressional Budget Act of 1974. A point of order under this section
may be waived in accordance with the procedures under section 313(e) of
the Congressional Budget Act of 1974 upon an affirmative vote of three-
fifths of the Members duly chosen and sworn.
(c) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in relation
to, a bill or joint resolution, upon a point of order being made by any
Senator pursuant to subsection (b), and such point of order being
sustained, such material contained in such conference report or House
amendment shall be stricken, and the Senate shall proceed to consider
the question of whether the Senate shall recede from its amendment and
concur with a further amendment, or concur in the House amendment with
a further amendment, as the case may be, which further amendment shall
consist of only that portion of the conference report or House
amendment, as the case may be, not so stricken. Any such motion in the
Senate shall be debatable. In any case in which such point of order is
sustained against a conference report (or Senate amendment derived from
such conference report by operation of this paragraph), no further
amendment shall be in order.
SEC. 4. WAIVER OF TIME LIMIT ON AUTHORIZATIONS.
(a) In the Senate.--
(1) Committee consideration.--If any committee of the
Senate determines that an authorization of the enactment of new
budget authority for a period of more than 4 fiscal years is
necessary to accomplish the purposes for which the
authorization is made, the committee may report a bill or
resolution containing an authorization for such longer period.
At the same time or later, the committee shall report a
resolution to the Senate providing for a waiver of the 4-
fiscal-year limit contained in section 3(a)(1) (in this
subsection referred to as a ``waiver resolution'') and stating
the reasons why such a waiver is necessary. The resolution
shall be referred to the Committee on the Budget of the Senate.
(2) Reporting.--The Committee on the Budget of the Senate
may not amend a waiver resolution, may order the waiver
resolution reported favorably, unfavorably, or without
recommendation, as it relates to the effect of the waiver on
the ability of the Committee on the Budget of the Senate to
execute its duties under section 703(a)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 623(a)(3)), and shall report a
waiver resolution referred under paragraph (1) to the Senate
not later than 10 days after the waiver resolution is referred
to the committee (not counting any day on which the Senate is
not in session) beginning with the day following the day on
which the waiver resolution is so referred, accompanied by the
committee's recommendations and reasons for the recommendations
with respect to the waiver resolution. If the Committee on the
Budget of the Senate does not report a waiver resolution within
the 10-day period under this paragraph, the committee shall
automatically be discharged from further consideration of the
waiver resolution and the waiver resolution shall be placed on
the calendar.
(3) Debate restrictions.--During the consideration of any
waiver resolution, debate shall be limited to 1 hour, to be
equally divided between, and controlled by, the majority leader
and minority leader or their designees, and the time on any
debatable motion or appeal shall be limited to 20 minutes, to
be equally divided between, and controlled by the mover and the
manager of the waiver resolution. In the event the manager of
the waiver resolution is in favor of any such motion or appeal,
the time in opposition shall be controlled by the minority
leader or a designee. The leaders, or either of them, may, from
the time under their control on the passage of the waiver
resolution, allot additional time to any Senator during the
consideration of the debatable motion or appeal.
(4) Voting.--If a waiver resolution is agreed to by the
Senate, section 3(a)(1) shall not apply with respect to the
bill or resolution to which the waiver resolution relates.
(5) Oversight hearing.--Whenever any bill or resolution is
reported by a committee under paragraph (1), the report
accompanying the bill or resolution shall contain a schedule of
oversight hearings by the committee to determine progress being
made toward the intended objectives of the program for which
the authorization is being made.
(b) In the House of Representatives.--
(1) Committee consideration.--If any committee of the House
of Representatives determines that an authorization of the
enactment of new budget authority for a period of more than 4
fiscal years is necessary to accomplish the purposes for which
the authorization is made, the committee may report a bill or
resolution containing an authorization for such longer period.
At the same time or later, the committee shall report a
resolution to the House of Representatives providing for a
waiver of the 4-fiscal-year limit contained in section 3(a)(1)
(in this subsection referred to as a ``waiver resolution'') and
stating the reasons why such a waiver is necessary. The
resolution shall be referred to the Committee on the Budget of
the House of Representatives.
(2) Reporting.--The Committee on the Budget of the House of
Representatives may not amend a waiver resolution, may order
the waiver resolution reported favorably, unfavorably, or
without recommendation, as it relates to the effect of the
waiver on the ability of the Committee on the Budget of the
House of Representatives to execute its duties under section
703(a)(3) of the Congressional Budget Act of 1974 (2 U.S.C.
623(a)(3)), and shall report a waiver resolution referred under
paragraph (1) to the House of Representatives not later than 10
days after the waiver resolution is referred to the committee
(not counting any day on which the House of Representatives is
not in session) beginning with the day following the day on
which the waiver resolution is so referred, accompanied by the
committee's recommendations and reasons for the recommendations
with respect to the waiver resolution. If the Committee on the
Budget of the House of Representatives does not report a waiver
resolution within the 10-day period under this paragraph, the
committee shall automatically be discharged from further
consideration of the waiver resolution and the waiver
resolution shall be placed on the calendar.
(3) Debate restrictions.--During the consideration of any
waiver resolution, debate shall be limited to 1 hour, to be
equally divided between, and controlled by, the Speaker of the
House of Representatives and minority leader of the House of
Representatives or their designees, and the time on any
debatable motion or appeal shall be limited to 20 minutes, to
be equally divided between, and controlled by the mover and the
manager of the waiver resolution. In the event the manager of
the waiver resolution is in favor of any such motion or appeal,
the time in opposition shall be controlled by the minority
leader or a designee. The leaders, or either of them, may, from
the time under their control on the passage of the waiver
resolution, allot additional time to any Representative during
the consideration of the debatable motion or appeal.
(4) Voting.--If a waiver resolution is agreed to by the
House of Representatives, section 3(a)(1) shall not apply with
respect to the bill or resolution to which the waiver
resolution relates.
(5) Oversight hearing.--Whenever any bill or resolution is
reported by a committee under paragraph (1), the report
accompanying the bill or resolution shall contain a schedule of
oversight hearings by the committee to determine progress being
made toward the intended objectives of the program for which
the authorization is being made.
SEC. 5. ANALYSIS, APPRAISAL, AND EVALUATION OF EXISTING PROGRAMS.
(a) In General.--No committee of the Senate or the House of
Representatives may report a bill or resolution authorizing the
enactment of new budget authority for a program for which an
authorization of new budget authority has previously been enacted until
the committee has conducted an analysis, appraisal, and evaluation of
the program for which continued new budget authority is proposed to be
authorized. If the authorization of the enactment of new budget
authority for any program is enacted for a period of less than 4 fiscal
years, the analysis, appraisal, and evaluation of that program required
by this section is only required before reporting legislation that
would extend the authorization of the enactment of new budget authority
for the fifth fiscal year commencing after the effective date of this
Act and every 4 years thereafter.
(b) Committee Report.--The results of the analysis, appraisal, and
evaluation under subsection (a) shall be included in the committee
report on the bill or resolution.
(c) Agency Report.--Whenever a committee of the Senate or the House
of Representatives is conducting an analysis, appraisal, and evaluation
of a program, the head of the agency which administers the program, or
any part thereof, shall submit to the committee, upon request of the
chairman or ranking member of the committee, an analysis, appraisal,
and evaluation of the program.
(d) Joint Hearing.--The committees of the Senate and the House of
Representatives having jurisdiction of a program may conduct jointly
the analysis, appraisal, and evaluation required by this section and
may conduct joint hearings.
(e) Committee Report.--
(1) In general.--The report of a committee on the analysis,
appraisal, and evaluation of a program shall be sufficiently
complete to permit a determination as to whether the program
should be terminated, modified, or continued without change,
and shall include--
(A) an identification of the objectives intended
for the program and the problem or need which the
program was intended to address;
(B) whether the program objectives are still
relevant;
(C) whether the program has adhered to the original
and intended purpose;
(D) whether the program has made any substantial
progress toward meeting the objectives originally
intended;
(E) the impact of the program on the economy;
(F) the feasibility of alternative programs and
methods, including tax expenditures, for meeting the
objectives of the program under consideration and their
cost effectiveness;
(G) the relation of all other Government and
private programs dealing with the objectives of the
program under consideration, including tax expenditure
programs;
(H) an examination of proposed legislation pending
in either House seeking to achieve the same or related
objectives; and
(I) whether the program should be extended and the
further benefits that may be achieved thereby,
including--
(i) an identification of the objectives
intended for the program and the problem or the
need that the program is intended to address;
(ii) an assessment of the consequences of
eliminating the program, of consolidating it
with another program, or of funding it at a
lower level; and
(iii) an analysis of the services and
performance estimated to be achieved if the
program were continued, including an estimate
of when, and the conditions under which, the
program will have fulfilled the objectives for
which the program was established.
(2) Sources of information.--In preparing a report under
paragraph (1), a committee shall evaluate--
(A) information in reports, plans, goals, and
progress reviews required under sections 306 and 1115
through 1125 of title 31, United States Code;
(B) information in reports by the Comptroller
General of the United States, including the annual
report by the Comptroller General regarding
opportunities to reduce duplication, overlap, and
fragmentation, achieve savings, and enhance revenue;
and
(C) other information determined appropriate by the
committee.
(3) Point of order.--
(A) In general.--It shall not be in order in either
the Senate or the House of Representatives to consider
a bill or resolution authorizing the enactment of new
budget authority for a program for which an
authorization of new budget authority has previously
been enacted unless the bill or resolution is
accompanied by a report described in paragraph (1).
(B) Waiver of point of order.--In the Senate, a
point of order raised under this paragraph may be
waived upon an affirmative vote of three-fifths of the
Members duly chosen and sworn and debate on all motions
to waive 1 or more points of order under this paragraph
as to a bill or resolution shall be debatable for a
total of not more than 1 hour, equally divided between
the Senator raising the point of order and the Senator
moving to waive the point of order or their designees.
(f) Combined Report.--For the purposes of making the analysis,
appraisal, and evaluation required by this section, a committee may
combine related programs and may issue 1 report on all such combined
programs.
SEC. 6. AUTHORIZATION FOR NEW PROGRAMS.
Whenever any committee of the Senate or the House of
Representatives reports legislation authorizing the enactment of new
budget authority for a program for which there has previously been no
authorization, the committee shall include in the report accompanying
the legislation--
(1) an identification of the objectives and purposes of the
new program and the problems or needs that the new program is
intended to address;
(2) a description of other programs which seek to
accomplish the same general purpose or purposes;
(3) whether the program will conflict with, overlap, or
duplicate any existing programs and, if the program will
conflict with, overlap, or duplicate an existing program, a
discussion of how the program will work with the existing
program;
(4) how the program will operate with existing programs to
promote the common objective or objectives of all similar
programs;
(5) the consequences of failing to achieve the purposes of
the new program;
(6) what other alternatives, including tax expenditures and
private resources, were considered as alternatives and why the
alternatives were not recommended;
(7) what changes were considered in existing programs to
coordinate the programs with the new program and the reasons
for changing or not changing existing programs;
(8) a projection of the anticipated needs for and
accomplishments of the program, including an estimate of when,
and the condition under which, the program will have fulfilled
the objectives for which the program was established; and
(9) a statement of the constitutional authority pursuant to
which the bill or joint resolution is to be enacted.
SEC. 7. CONFERENCE REPORTS ON AUTHORIZATION BILLS.
The joint explanatory statement accompanying a conference report on
any bill or resolution authorizing the enactment of new budget
authority for any program in connection with which an analysis,
appraisal, and evaluation has been conducted under section 5 or 6 shall
include an analysis of the objectives intended for the program and the
problems or needs which the program is intended to address, based on
the bill or resolution as recommended in the conference report.
SEC. 8. PHASEOUT OF EXISTING PROGRAMS.
(a) In General.--If a continued authorization of the enactment of
new budget authority for a program has been adopted by the Senate or
the House of Representatives, and has not become law as of the date on
which the authorization in effect expires (unless the failure to become
law has been due to a rejection of a proposed authorization by the
other House), there is authorized to be enacted for the program--
(1) for the first fiscal year following the expiration of
the previous authorization, 80 percent of the amount
appropriated to carry out the program in the previous fiscal
year; and
(2) for the second fiscal year following such expiration,
60 percent of the amount appropriated to carry out the program
in the previous fiscal year.
(b) New Authorization.--If at any time following the expiration of
an authorization of the enactment of new budget authority for a program
a new authorization for the program is provided by law, then the new
authorization shall replace the authorization provided in subsection
(a).
(c) Repeal of Authorization.--If a program for which an
authorization of the enactment of new budget authority has previously
been made is repealed, subsection (a) shall not apply to the program.
(d) Programs Without an Authorization.--For any program for which
no new budget authority is authorized to be enacted for a fiscal year
(including an authorization under subsection (a)), the head of the
agency carrying out the program shall develop and implement a plan to
provide for--
(1) the transfer or other disposition of the records,
property, and personnel affected by the termination of the
program;
(2) the transfer of such unexpended balances of
appropriations, and of other funds, available for use in
connection with the program; and
(3) terminating the activities under the program.
SEC. 9. TERMINATION OF CERTAIN EXISTING AUTHORIZATIONS.
(a) In General.--It shall not be in order in either the Senate or
the House of Representatives to consider a bill, resolution, amendment,
or conference report making appropriations for a fiscal year which
begins 5 years after the effective date of this Act if the
appropriation is made pursuant to a law, in effect on the effective
date of this Act, authorizing new budget authority for a period of more
than 4 fiscal years or for an unspecified number of fiscal years.
(b) Waiver of Point of Order.--In the Senate, a point of order
raised under this section may be waived upon an affirmative vote of
three-fifths of the Members duly chosen and sworn.
(c) Point of Order Sustained.--
(1) In general.--Except as provided in paragraph (2), if a
point of order under this section is sustained, the matter as
to which the point of order is raised shall be stricken.
(2) Conference reports.--When a House of Congress is
considering a conference report or an amendment between the
Houses, upon a point of order under this section being
sustained as to matter in the conference report or amendment,
such material shall be deemed stricken, and the House of
Congress shall proceed to consider the question of whether the
House shall recede from its amendment and concur with a further
amendment, or concur in the amendment of the other House of
Congress with a further amendment, as the case may be, which
further amendment shall consist of only that portion of the
conference report or amendment, as the case may be, not so
stricken. In any case in which such point of order is sustained
against a conference report (or proposed amendment derived from
such conference report by operation of this paragraph), no
further amendment shall be in order.
SEC. 10. LACK OF AUTHORIZATION.
(a) In General.--It shall not be in order in either the Senate or
the House of Representatives to consider a bill or resolution making
appropriations for a program for the first fiscal year beginning more
than 1 year after the date of enactment of this Act or any fiscal year
thereafter if the appropriation is not made pursuant to a law in effect
authorizing new budget authority for the program.
(b) Point of Order.--In the Senate, a point of order under this
section may be raised by a Senator as provided in section 313(e) of the
Congressional Budget Act of 1974. A point of order under this section
may be waived in accordance with the procedures under section 313(e) of
the Congressional Budget Act of 1974 upon an affirmative vote of three-
fifths of the Members duly chosen and sworn.
(c) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in relation
to, a bill or joint resolution, upon a point of order being made by any
Senator pursuant to subsection (b), and such point of order being
sustained, such material contained in such conference report or House
amendment shall be stricken, and the Senate shall proceed to consider
the question of whether the Senate shall recede from its amendment and
concur with a further amendment, or concur in the House amendment with
a further amendment, as the case may be, which further amendment shall
consist of only that portion of the conference report or House
amendment, as the case may be, not so stricken. Any such motion in the
Senate shall be debatable. In any case in which such point of order is
sustained against a conference report (or Senate amendment derived from
such conference report by operation of this paragraph), no further
amendment shall be in order.
SEC. 11. REPORTS ON PROPOSED IMPLEMENTATION.
(a) In the Senate.--
(1) In general.--Not later than 1 year after the effective
date of this Act, each committee of the Senate shall file with
the Senate a report--
(A) indicating the schedule, procedure, and content
of the analysis, appraisal, and evaluation that the
committee intends to use to implement this Act, with
particular emphasis on implementation of sections 5 and
6; and
(B) making any recommendations for how to implement
procedures comparable to the procedures under this Act
for direct spending (as defined under section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900(c)(8))) and tax expenditures
(as defined in section 3(3) of the Congressional Budget
Act of 1974 (2 U.S.C. 622(3))).
(2) Referral.--Each report under this subsection shall be
referred to the Committee on Rules and Administration of the
Senate which shall hold such hearings as the committee
determines necessary. Following a review of the reports, the
Committee on Rules and Administration of the Senate may report
to the Senate changes in the Standing Rules of the Senate to
provide uniform standards for the implementation of this Act
and the requirements for the analysis, appraisal, and
evaluation of programs.
(b) In the House of Representatives.--
(1) In general.--Not later than 1 year after the effective
date of this Act, each committee of the House of
Representatives shall file with the House of Representatives a
report--
(A) indicating the schedule, procedure, and content
of the analysis, appraisal, and evaluation that the
committee intends to use to implement this Act; and
(B) making any recommendations for how to implement
procedures comparable to the procedures under this Act
for direct spending (as defined under section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900(c)(8))) and tax expenditures
(as defined in section 3(3) of the Congressional Budget
Act of 1974 (2 U.S.C. 622(3))).
(2) Referral.--Each report under this subsection shall be
referred to the Committee on House Administration of the House
of Representatives which shall hold such hearings as the
committee determines necessary. Following a review of the
reports, the Committee on House Administration of the House of
Representatives may report to the House of Representatives
changes in the Rules of the House of Representatives to provide
uniform standards for the implementation of this Act and the
requirements for the analysis, appraisal, and evaluation of
programs.
SEC. 12. AUTHORIZATIONS UNDER IMPLEMENTATION REPORTS.
(a) Covered Program.--In this section, the term ``covered program''
means a program for which--
(1) the report of a committee of Congress with jurisdiction
of the program submitted under section 11 includes a schedule
to enact a law authorizing the enactment of new budget
authority for the program, which may not be for a period of
more than 4 fiscal years;
(2) funds are appropriated during the fiscal year during
which this Act takes effect; and
(3) an authorization of the enactment of new budget
authority is not in effect.
(b) Authorization.--Except as provided in subsection (c), for
purposes of enforcing section 10 in relation to a covered program, a
law shall be deemed to be in effect authorizing the enactment of new
budget authority for the covered program for each fiscal year for which
a law authorizing the enactment of new budget authority is scheduled to
be enacted under the schedule in the applicable report described in
subsection (a)(1).
(c) Exception.--Subsection (b) shall not apply to a covered program
if the schedule in the applicable report described in subsection (a)(1)
specifies that--
(1) the fourth fiscal year covered by the schedule will be
the first fiscal year for which a law authorizing the enactment
of new budget authority is scheduled to be enacted for more
than 50 percent of the programs within the jurisdiction of the
committee; or
(2) less than 20 percent of the programs within the
jurisdiction of the committee are scheduled for a law to be
enacted authorizing the enactment of new budget authority
during the first or second fiscal year covered by the schedule.
(d) Submission for the Record.--Not later than 5 legislative days
after the date on which a committee of the Senate or the House of
Representatives submits a report under section 11 that includes a
schedule to enact a law authorizing the enactment of new budget
authority, the Chairman of the Committee on Rules and Administration or
the Chairman of the Committee on House Administration of the House of
Representatives, respectively, shall submit the schedule for printing
in the Congressional Record.
SEC. 13. REFERRAL OF BILLS OR RESOLUTIONS MODIFYING THIS ACT.
(a) Referral in the Senate.--In the Senate, any bill or joint
resolution that modifies this Act shall be referred to the Committee on
the Budget of the Senate and the Committee on Homeland Security and
Governmental Affairs.
(b) Referral in the House of Representatives.--In the House of
Representatives, any bill or joint resolution that modifies this Act
shall be referred to the Committee on the Budget of the House of
Representatives and the Committee on Oversight and Government Reform.
SEC. 14. ASSISTANCE TO SENATE AND HOUSE COMMITTEES.
(a) Assistance From the Comptroller General.--At the request of the
chairman or ranking member of any committee of the Senate or the House
of Representatives, the Comptroller General of the United States shall
furnish to such committee information, analyses, and reports to assist
the committee in carrying out the duties of the committee under this
Act.
(b) Assistance From the Congressional Budget Office.--Consistent
with the discharge by the Congressional Budget Office of the duties and
functions of the Congressional Budget Office under the Congressional
Budget Act of 1974, the Director of the Congressional Budget Office
shall, at the request of the chairman or ranking member of any
committee of the Senate or the House of Representatives, furnish to the
committee information and analyses to assist the committee in carrying
out the duties of the committee under this Act.
(c) Assistance From the Congressional Research Service.--At the
request of the chairman or ranking member of any committee of the
Senate or House of Representatives, the Director of the Congressional
Research Service shall furnish to the committee information, analyses,
and reports to assist the committee in carrying out the duties of the
committee under this Act.
SEC. 15. EFFECTIVE DATE.
This Act shall take effect on the first day of the first regular
session of Congress which begins after the date of enactment of this
Act.
SEC. 16. RULEMAKING.
This section and sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13
of this Act are enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply; and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same, manner, and to the same extent
as in the case of any other rule of such House.
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