[Congressional Record Volume 153, Number 106 (Thursday, June 28, 2007)]
[Senate]
[Pages S8703-S8707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Voinovich, and Mr. Chambliss):
  S. 1731. A bill to provide for the continuing review of unauthorized 
Federal programs and agencies and to establish a bipartisan commission 
for the purposes of improving oversight and eliminating wasteful 
Government spending; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. CORNYN. Mr. President, I rise to introduce the United States 
Authorization and Sunset Commission Act of 2007. I am very pleased to 
be joined by my colleagues and good friends, Senator George Voinovich 
and Senator Saxby Chambliss, who share my commitment that every dime 
sent by taxpayers to Washington, DC, is spent wisely.
  The United States Authorization and Sunset Commission Act of 2007 
creates an eight member bipartisan Commission, made up of four Senators 
and four Representatives. The Commission will look at the effectiveness 
and efficiency of all Federal programs, but will especially focus on 
unauthorized and ineffective programs. The bill is modeled after the 
sunset process that the State of Texas instituted in 1977 to identify 
and eliminate waste, duplication, and inefficiency in government 
agencies. This process has led to the elimination of dozens of agencies 
that have outlived their usefulness and has saved Texas taxpayers 
hundreds of millions of dollars.
  The job of the Commission is to ask the fundamental question: ``Is an 
agency or program still needed?''
  The Commission has two major responsibilities. First, the Commission 
must submit a legislative proposal to Congress at least once every 10 
years that includes a review schedule of at least 25 percent of 
unauthorized Federal programs and at least 25 percent of ineffective 
Federal programs or where effectiveness cannot be shown by the Office 
of Management and Budget's, OMB, Performance Assessment Rating Tool, 
PART. The Commission's schedule will abolish each program if Congress 
fails to either reauthorize the program or consider the Commission's 
recommendations within 2 years.
  Second, the Commission must conduct a review of each program 
identified in its review schedule and send its recommendations for 
congressional review. Congress will then have 2 years to consider and 
pass the Commission's recommendations or to reauthorize the program 
before it is abolished.
  Congress has two bites of the apple when it comes to evaluating 
Federal spending. First, when it authorizes a program and second when 
it appropriates the money for it. Yet a study by the Congressional 
Budget Office found that Congress spent just under $160 billion in 2006 
on agencies and programs despite the fact that their authorization had 
expired. The list included hundreds of accounts, big and small, ranging 
from the Coast Guard, $8 billion, to the Administration on Aging, $1.5 
billion, to section 8 tenant-based housing, $15.6 billion, to foreign 
relations programs, $9.5 billion. Many of these expired programs and 
agencies, perhaps most, deserve reauthorization. Nonetheless, Congress 
should aggressively determine whether these programs and agencies are 
working as intended and the Commission will help serve this purpose.
  In addition, the Commission will use OMB's PART, which is a tool to 
assess and improve program performance. PART looks at all factors that 
affect and reflect program performance including program purpose and 
design, performance measurement, evaluations, and strategic planning, 
program management, and program results. Using PART, OMB has scored 793 
Government programs and found that 4 percent are ineffective and the 
results for 24 percent could not be shown. Programs rated as 
``ineffective'' or ``results not demonstrated'' account for $152 
billion in budget authority.
  The Commission's work will be guided by 10 criteria, including the 
program's effectiveness and efficiency, achievement of performance 
goals, and whether the program has fulfilled its legislative intent.
  Unfortunately Congress has a tendency to create commissions and then 
ignore their work and continue on with business as usual. This bill 
solves this problem. It requires Congress to consider, debate, and vote 
on the Commission's report under expedited procedures.
  The United States Authorization and Sunset Commission Act of 2007 is 
an important step to getting our fiscal house in order and to making 
sure that Congress gets back to the hard work of oversight to determine 
if programs actually fulfill their stated purpose or yield some 
unintended or counterproductive results. Periodic assessments are 
essential to good Government and this is what the Commission will 
provide to Congress and to taxpayers across the country. For this 
reason, I ask that my colleagues join me in cosponsoring the United 
States Authorization and Sunset Commission Act of 2007.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was printed in the 
Record, as follows:

                                S. 1731

       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 ``United States Authorization 
     and Sunset Commission Act of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``agency'' means an Executive agency as 
     defined under section 105 of title 5, United States Code;
       (2) the term ``Commission'' means the United States 
     Authorization and Sunset Commission established under section 
     3; and
       (3) the term ``Commission Schedule and Review bill'' means 
     the proposed legislation submitted to Congress under section 
     4(b).

[[Page S8704]]

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the United States 
     Authorization and Sunset Commission.
       (b) Composition.--The Commission shall be composed of 8 
     members (in this Act referred to as the ``members''), as 
     follows:
       (1) Four members appointed by the majority leader of the 
     Senate, 1 of whom may include the majority leader of the 
     Senate, with minority members appointed with the consent of 
     the minority leader of the Senate.
       (2) Four members appointed by the Speaker of the House of 
     Representatives, 1 of whom may include the Speaker of the 
     House of Representatives, with minority members appointed 
     with the consent of the minority leader of the House of 
     Representatives.
       (3) The Director of the Congressional Budget Office and the 
     Comptroller of the Government Accountability Office shall be 
     non-voting ex officio members of the Commission.
       (c) Qualifications of Members.--
       (1) In general.--
       (A) Senate members.--Of the members appointed under 
     subsection (b)(1), 4 shall be members of the Senate (not more 
     than 2 of whom may be of the same political party).
       (B) House of representative members.--Of the members 
     appointed under subsection (b)(2), 4 shall be members of the 
     House of Representatives, not more than 2 of whom may be of 
     the same political party.
       (2) Continuation of membership.--
       (A) In general.--If a member was appointed to the 
     Commission as a Member of Congress and the member ceases to 
     be a Member of Congress, that member shall cease to be a 
     member of the Commission.
       (B) Actions of commission unaffected.--Any action of the 
     Commission shall not be affected as a result of a member 
     becoming ineligible under subparagraph (A).
       (d) Initial Appointments.--Not later than 90 days after the 
     date of enactment of this Act, all initial appointments to 
     the Commission shall be made.
       (e) Chairperson; Vice Chairperson.--
       (1) Initial chairperson.--An individual shall be designated 
     by the Speaker of the House of Representatives from among the 
     members initially appointed under subsection (b)(2) to serve 
     as chairperson of the Commission for a period of 2 years.
       (2) Initial vice chairperson.--An individual shall be 
     designated by the majority leader of the Senate from among 
     the individuals initially appointed under subsection (b)(1) 
     to serve as vice-chairperson of the Commission for a period 
     of 2 years.
       (3) Alternate appointments of chairmen and vice chairmen.--
     Following the termination of the 2-year period described 
     under paragraphs (1) and (2), the Speaker and the majority 
     leader of the Senate shall alternate every 2 years in 
     appointing the chairperson and vice-chairperson of the 
     Commission.
       (f) Terms of Members.--
       (1) Members of congress.--Each member appointed to the 
     Commission shall serve for a term of 6 years, except that, of 
     the members first appointed under paragraphs (1) and (2) of 
     subsection (b), 2 members shall be appointed to serve a term 
     of 3 years.
       (2) Term limit.--A member of the Commission who serves more 
     than 3 years of a term may not be appointed to another term 
     as a member.
       (g) Initial Meeting.--If, after 90 days after the date of 
     enactment of this Act, 5 or more members of the Commission 
     have been appointed--
       (1) members who have been appointed may--
       (A) meet; and
       (B) select a chairperson from among the members (if a 
     chairperson has not been appointed) who may serve as 
     chairperson until the appointment of a chairperson; and
       (2) the chairperson shall have the authority to begin the 
     operations of the Commission, including the hiring of staff.
       (h) Meeting; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairperson or a 
     majority of its members. Any vacancy in the Commission shall 
     not affect its powers, but shall be filled in the same manner 
     in which the original appointment was made.
       (i) Powers of the Commission.--
       (1) In general.--
       (A) Hearings, testimony, and evidence.--The Commission may, 
     for the purpose of carrying out the provisions of this Act--
       (i) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (ii) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, and documents, 
     that the Commission or such designated subcommittee or 
     designated member may determine advisable.
       (B) Subpoenas.--Subpoenas issued under subparagraph (A)(ii) 
     may be issued to require attendance and testimony of 
     witnesses and the production of evidence relating to any 
     matter under investigation by the Commission.
       (C) Enforcement.--The provisions of sections 102 through 
     104 of the Revised Statutes of the United States (2 U.S.C. 
     192 through 194) shall apply in the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this paragraph.
       (2) Contracting.--The Commission may contract with and 
     compensate government and private agencies or persons for 
     services without regard to section 3709 of the Revised 
     Statutes (41 U.S.C. 5) to enable the Commission to discharge 
     its duties under this Act.
       (3) Information from federal agencies.--The Commission is 
     authorized to secure directly from any executive department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality of the Government, 
     information, suggestions, estimates, and statistics for the 
     purposes of this section. Each such department, bureau, 
     agency, board, commission, office, establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by 
     the chairperson.
       (4) Support services.--
       (A) Government accountability office.--The Government 
     Accountability Office is authorized on a nonreimbursable 
     basis to provide the Commission with administrative services, 
     funds, facilities, staff, and other support services for the 
     performance of the functions of the Commission.
       (B) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     nonreimbursable basis such administrative support services as 
     the Commission may request.
       (C) Agencies.--In addition to the assistance under 
     subparagraphs (A) and (B), departments and agencies of the 
     United States are authorized to provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as the Commission may determine advisable as may be 
     authorized by law.
       (5) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (6) Immunity.--The Commission is an agency of the United 
     States for purposes of part V of title 18, United States Code 
     (relating to immunity of witnesses).
       (7) Director and staff of the commission.--
       (A) Director.--The chairperson of the Commission may 
     appoint a staff director and such other personnel as may be 
     necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable to a person occupying a position 
     at level II of the Executive Schedule. Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement from the Commission, and such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (B) Personnel as federal employees.--
       (i) 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.
       (ii) Members of commission.--Clause (i) shall not be 
     construed to apply to members of the Commission.
       (C) 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.
       (8) Compensation and travel expenses.--
       (A) Compensation.--Members shall not be paid by reason of 
     their service as members.
       (B) Travel expenses.--Each member of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703(b) of 
     title 5, United States Code.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary for the purposes of 
     carrying out the duties of the Commission.
       (k) Termination.--The Commission shall terminate on 
     December 31, 2037.

     SEC. 4. DUTIES AND RECOMMENDATIONS OF THE UNITED STATES 
                   AUTHORIZATION AND SUNSET COMMISSION.

       (a) Schedule and Review.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act and at least once every 10 years 
     thereafter, the Commission shall submit to Congress a 
     legislative proposal that includes the schedule of review and 
     abolishment of agencies and programs (in this section 
     referred to as the ``Commission Schedule and Review bill'').
       (2) Schedule.--The schedule of the Commission shall provide 
     a timeline for the Commission's review and proposed 
     abolishment of--
       (A) at least 25 percent of unauthorized agencies or 
     programs as measured in dollars, including those identified 
     by the Congressional Budget Office under section 602(e)(3) of 
     title 2, United States Code; and
       (B) if applicable, at least 25 percent of the programs as 
     measured in dollars identified by the Office of Management 
     and Budget through its Program Assessment Rating

[[Page S8705]]

     Tool program or other similar review program established by 
     the Office of Management and Budget as ineffective or results 
     not demonstrated.
       (3) Review of agencies.--In determining the schedule for 
     review and abolishment of agencies under paragraph (1), the 
     Commission shall provide that any agency that performs 
     similar or related functions be reviewed concurrently.
       (4) Criteria and review.--The Commission shall review each 
     agency and program identified under paragraph (1) in 
     accordance with the following criteria as applicable:
       (A) The effectiveness and the efficiency of the program or 
     agency.
       (B) The achievement of performance goals (as defined under 
     section 1115(g)(4) of title 31, United States Code).
       (C) The management of the financial and personnel issues of 
     the program or agency.
       (D) Whether the program or agency has fulfilled the 
     legislative intent surrounding its creation, taking into 
     account any change in legislative intent during the existence 
     of the program or agency.
       (E) Ways the agency or program could be less burdensome but 
     still efficient in protecting the public.
       (F) Whether reorganization, consolidation, abolishment, 
     expansion, or transfer of agencies or programs would better 
     enable the Federal Government to accomplish its missions and 
     goals.
       (G) The promptness and effectiveness of an agency in 
     handling complaints and requests made under section 552 of 
     title 5, United States Code (commonly referred to as the 
     Freedom of Information Act).
       (H) The extent that the agency encourages and uses public 
     participation when making rules and decisions.
       (I) The record of the agency in complying with requirements 
     for equal employment opportunity, the rights and privacy of 
     individuals, and purchasing products from historically 
     underutilized businesses.
       (J) The extent to which the program or agency duplicates or 
     conflicts with other Federal agencies, State or local 
     government, or the private sector and if consolidation or 
     streamlining into a single agency or program is feasible.
       (b) Schedule and Abolishment of Agencies and Programs.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act and at least once every 10 years 
     thereafter, the Commission shall submit to the Congress a 
     Commission Schedule and Review bill that--
       (A) includes a schedule for review of agencies and 
     programs; and
       (B) abolishes any agency or program 2 years after the date 
     the Commission completes its review of the agency or program, 
     unless the agency or program is reauthorized by Congress.
       (2) Expedited congressional consideration procedures.--In 
     reviewing the Commission Schedule and Review bill, Congress 
     shall follow the expedited procedures under section 6.
       (c) Recommendations and Legislative Proposals.--
       (1) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to 
     Congress and the President--
       (A) a report that reviews and analyzes according to the 
     criteria established under subsection (a)(4) for each agency 
     and program to be reviewed in the year in which the report is 
     submitted under the schedule submitted to Congress under 
     subsection (a)(1);
       (B) a proposal, if appropriate, to reauthorize, reorganize, 
     consolidate, expand, or transfer the Federal programs and 
     agencies to be reviewed in the year in which the report is 
     submitted under the schedule submitted to Congress under 
     subsection (a)(1); and
       (C) legislative provisions necessary to implement the 
     Commission's proposal and recommendations.
       (2) Additional reports.--The Commission shall submit to 
     Congress and the President additional reports as prescribed 
     under paragraph (1) on or before June 30 of every other year.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to limit the power of the Commission to review any 
     Federal program or agency.
       (e) Approval of Reports.--The Commission Schedule and 
     Review bill and all other legislative proposals and reports 
     submitted under this section shall require the approval of 
     not less than 5 members of the Commission.

     SEC. 5. EXPEDITED CONSIDERATION OF COMMISSION 
                   RECOMMENDATIONS.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--If any legislative proposal with 
     provisions is submitted to Congress under section 4(c), a 
     bill with that proposal and provisions shall be introduced in 
     the Senate by the majority leader, and in the House of 
     Representatives, by the Speaker. Upon introduction, the bill 
     shall be referred to the appropriate committees of Congress 
     under paragraph (2). If the bill is not introduced in 
     accordance with the preceding sentence, then any Member of 
     Congress may introduce that 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 proposal with provisions.
       (2) Committee consideration.--
       (A) Referral.--A 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 and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committee on the Budget and the Committee 
     on Homeland Security and Governmental Affairs of the House of 
     Representatives.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the bill, each committee of Congress to which 
     the bill was referred shall report the bill or a committee 
     amendment thereto.
       (C) Discharge of committee.--If a committee to which is 
     referred a bill has not reported such 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 bill, whichever is earlier, such committee shall be deemed 
     to be discharged from further consideration of such bill, and 
     such 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 been discharged from 
     consideration of a 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 committee 
     amendment to the bill, and if there is no such amendment, to 
     the 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 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 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, to a 
     motion to postpone consideration of the bill, or to a motion 
     to proceed to the consideration of other business. A motion 
     to reconsider the vote by which the motion to proceed is 
     agreed to or not agreed to shall not be in order. 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 bill without intervening 
     motion, order, or other business, and the 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 bill and all amendments 
     thereto and on all debatable motions and appeals in 
     connection therewith shall be limited to not more than 50 
     hours, which shall be divided equally between those favoring 
     and those opposing the bill. A motion further to limit debate 
     on the bill is in order and is not debatable. All time used 
     for consideration of the bill, including time used for quorum 
     calls (except quorum calls immediately preceding a vote) and 
     voting, shall come from the 50 hours of debate.
       (D) Amendments.--No amendment that is not germane to the 
     provisions of the bill shall be in order in the Senate. In 
     the Senate, an amendment, any amendment to an amendment, or 
     any debatable motion or appeal is debatable for not to exceed 
     1 hour to be divided equally between those favoring and those 
     opposing the amendment, motion, or appeal.
       (E) Vote on final passage.--Immediately following the 
     conclusion of the debate on the bill, and the disposition of 
     any pending amendments under subparagraph (D), the vote on 
     final passage of the bill shall occur.
       (F) Other motions not in order.--A motion to postpone 
     consideration of the bill, a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     bill is not in order. A motion to reconsider the vote by 
     which the 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 bill that was introduced in such House, 
     such House receives from the other House a bill as passed by 
     such other House--
       (A) the 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 bill of 
     the other House, with respect to the bill that was introduced 
     in the House in receipt of the bill of the other House, shall 
     be the same as if no bill had been received from the other 
     House; and
       (C) notwithstanding subparagraph (B), the vote on final 
     passage shall be on the bill of the other House.

     Upon disposition of a bill that is received by one House from 
     the other House, it shall no longer be in order to consider 
     the bill that was introduced in the receiving House.
       (3) Consideration in conference.--
       (A) Convening of conference.--Immediately upon final 
     passage of a bill that results in a disagreement between the 
     2 Houses of Congress with respect to a bill, conferees shall 
     be appointed and a conference convened.
       (B) Action on conference reports in the senate.--
       (i) Motion to proceed.--The motion to proceed to 
     consideration in the Senate of the conference report on a 
     bill may be made even though a previous motion to the same 
     effect has been disagreed to.
       (ii) Debate.--Consideration in the Senate of the conference 
     report (including a message between Houses) on a bill, and 
     all

[[Page S8706]]

     amendments in disagreement, including all amendments thereto, 
     and debatable motions and appeals in connection therewith, 
     shall be limited to 20 hours, equally divided and controlled 
     by the majority leader and the minority leader or their 
     designees. Debate on any debatable motion or appeal related 
     to the conference report (or a message between Houses) shall 
     be limited to 1 hour, to be equally divided between, and 
     controlled by, the mover and the manager of the conference 
     report (or a message between Houses).
       (iii) Conference report defeated.--Should the conference 
     report be defeated, debate on any request for a new 
     conference and the appointment of conferrees shall be limited 
     to 1 hour, to be equally divided between, and controlled by, 
     the manager of the conference report and the minority leader 
     or the minority leader's designee, and should any motion be 
     made to instruct the conferees before the conferees are 
     named, debate on such motion shall be limited to \1/2\ hour, 
     to be equally divided between, and controlled by, the mover 
     and the manager of the conference report. Debate on any 
     amendment to any such instructions shall be limited to 20 
     minutes, to be equally divided between and controlled by the 
     mover and the manager of the conference report. In all cases 
     when the manager of the conference report is in favor of any 
     motion, appeal, or amendment, the time in opposition shall be 
     under the control of the minority leader or the minority 
     leader's designee.
       (iv) Amendments in disagreement.--In any case in which 
     there are amendments in disagreement, time on each amendment 
     shall be limited to 30 minutes, to be equally divided 
     between, and controlled by, the manager of the conference 
     report and the minority leader or the minority leader's 
     designee. No amendment that is not germane to the provisions 
     of such amendments shall be received.
       (v) Limitation on motion to recommit.--A motion to recommit 
     the conference report is not in order.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (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 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. 6. EXPEDITED CONSIDERATION OF COMMISSION SCHEDULE AND 
                   REVIEW BILL.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--The Commission Schedule and Review bill 
     submitted under section 4(b) 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 Schedule and Review bill shall be referred to 
     the appropriate committees of Congress under paragraph (2). 
     If the Commission Schedule and Review bill is not introduced 
     in accordance with the preceding sentence, then any member of 
     Congress may introduce the Commission Schedule and Review 
     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 Schedule and Review 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 and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on the Budget and the Committee 
     on Oversight and Government Reform of the House of 
     Representatives. A committee to which a Commission Schedule 
     and Review 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 Schedule and Review bill, each 
     Committee of Congress to which the Commission Schedule and 
     Review bill was referred shall report the bill.
       (C) Discharge of committee.--If a committee to which is 
     referred a Commission Schedule and Review bill has not 
     reported such Commission Schedule and Review 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 Schedule and Review bill, whichever is 
     earlier, such committee shall be deemed to be discharged from 
     further consideration of such Commission Schedule and Review 
     bill, and such Commission Schedule and Review 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 been discharged from 
     consideration of a Commission Schedule and Review 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 Schedule and Review 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 Schedule and Review 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 Schedule and Review 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, to a motion to postpone 
     consideration of the Commission Schedule and Review bill, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     to proceed is agreed to or not agreed to shall not be in 
     order. 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 
     Schedule and Review bill without intervening motion, order, 
     or other business, and the Commission Schedule and Review 
     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 Schedule and 
     Review 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 Schedule and Review bill. A 
     motion further to limit debate on the Commission Schedule and 
     Review bill is in order and is not debatable. All time used 
     for consideration of the Commission Schedule and Review 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 Schedule 
     and Review 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 Schedule and 
     Review bill, the vote on final passage of the Commission 
     Schedule and Review bill shall occur.
       (F) Other motions not in order.--A motion to postpone 
     consideration of the Commission Schedule and Review bill, a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the Commission Schedule and Review bill 
     is not in order. A motion to reconsider the vote by which the 
     Commission Schedule and Review 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 Schedule and Review bill that 
     was introduced in such House, such House receives from the 
     other House a Commission Schedule and Review bill as passed 
     by such other House--
       (A) the Commission Schedule and Review 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 
     Schedule and Review bill of the other House, with respect to 
     the Commission Schedule and Review bill that was introduced 
     in the House in receipt of the Commission Schedule and Review 
     bill of the other House, shall be the same as if no 
     Commission Schedule and Review bill had been received from 
     the other House; and
       (C) notwithstanding subparagraph (B), the vote on final 
     passage shall be on the Commission Schedule and Review bill 
     of the other House. Upon disposition of a Commission Schedule 
     and Review bill that is received by one House from the other 
     House, it shall no longer be in order to consider the 
     Commission Schedule and Review bill that was introduced in 
     the receiving House.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (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 Schedule and Review 
     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.

  Mr. VOINOVICH. Mr. President, I am pleased to join my good friend and 
colleague Senator Cornyn in introducing the United States Authorization 
and Sunset Commission Act of 2007. This legislation would create a 
bipartisan commission to make recommendations to Congress on whether to 
reauthorize, reorganize, or terminate Federal programs. It would 
establish a systematic process to review unauthorized programs and 
agencies, and, if applicable, programs that are rated as ineffective or 
results not demonstrated under the

[[Page S8707]]

Program Assessment Rating Tool, PART. The Comptroller General and the 
Director of the Congressional Budget Office, CBO, would serve as ex-
officio members, bringing their knowledge and experience and that of 
their organizations to the process.
  Earlier this year, as it does every year, the CBO reported on 
programs that at one time had an explicit authorization that has either 
expired or will expire during the current session. This is always a 
lengthy report that runs 75 pages or more. In recent years, the total 
amount of unauthorized programs receiving appropriations reported by 
CBO has ranged between $160 billion and $170 billion annually.
  I make this point, not to criticize or to imply that all unauthorized 
programs should be eliminated. Instead, it is to point out that what we 
are doing now is not working for us. We know that oversight is an 
important part of our job, but oversight takes time. How do we explain 
to our constituents that we do not have the time to distinguish between 
worthwhile programs and those that have outlived their purpose, are 
poorly targeted, operate inefficiently, or simply are not producing 
results?
  As a sponsor of The Stop Over-Spending Act of 2007, ``S.O.S.,'' 
legislation, which includes several provisions from bills I introduced 
earlier this year, I want to work with my colleagues to pass 
legislation that allows us to convert some of the time spent on the 
annual budget cycle into time spent on oversight. A biennial budget 
cycle plus commissions such as this one and others that I have proposed 
to examine entitlement programs and increase program accountability all 
have a similar goal--to provide the time and the tools to reinvigorate 
congressional oversight.
  This legislation does not take away our obligation to make difficult 
decisions about what programs to continue and those that we can no 
longer afford to support. What it does do is provide an opportunity to 
work smarter. I believe by establishing this Commission to do a 
thorough examination of programs and agencies, using established 
criteria, and a transparent reporting process, that we can carry out 
our responsibilities more efficiently and effectively.
  I urge my colleagues to support The United States Authorization and 
Sunset Commission Act of 2007.
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