[Congressional Record Volume 154, Number 116 (Tuesday, July 15, 2008)]
[Senate]
[Pages S6730-S6735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5080. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2731, to authorize appropriations for fiscal years 
2009 through 2013 to provide assistance to foreign countries to combat 
HIV/AIDS, tuberculosis, and malaria, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

     SEC. 502. CONTRIBUTIONS TO THE GLOBAL FUND TO FIGHT HIV/AIDS, 
                   TUBERCULOSIS AND MALARIA.

       (a) Short Title.--This section may be cited as the 
     ``Accountability for United States Taxpayer Contributions to 
     the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria 
     Act''.
       (b) Definitions.--In this section:
       (1) Global fund.--The term ``Global Fund'' means any Global 
     Fund to Fight HIV/AIDS, Tuberculosis, and Malaria agency, 
     commission, conference, council, court, department, forum, 
     fund, institute, office, organization, partnership, program, 
     subsidiary body, tribunal, trust, university or academic 
     body, related organization, or subsidiary body, wherever 
     located, that uses the Global Fund name, or is authorized to 
     use the Global Fund logo, and their funding recipients and 
     subrecipients.
       (2) Oversight information.--The term ``oversight 
     information'' includes--
       (A) internally and externally commissioned audits, program 
     reviews, performance reports, and evaluations, including 
     reports of the Inspector General of the Global Fund to Fight 
     HIV/AIDS, Tuberculosis and Malaria;
       (B) financial statements, records, and billing systems;
       (C) program budgets and program budget implications, 
     including revised estimates and reports produced by or 
     provided to the Executive Director and the Executive 
     Director's agents on budget related matters;
       (D) operational plans, budgets, and budgetary analyses;
       (E) analyses and reports regarding the scale of current and 
     future resource needs;
       (F) databases and other data systems containing financial 
     or programmatic information;
       (G) documents or other records alleging or involving 
     improper use of resources, misconduct, mismanagement, or 
     other violations of rules and regulations applicable to the 
     Global Fund;
       (H) documentation related to activities of the Global Fund 
     regarding quality, safety and efficacy of pharmaceuticals and 
     medical or public health chemicals and devices eligible for 
     procurement with Global Fund funding or applying for 
     eligibility for such procurement; and
       (I) other documentation relevant to the audit and 
     investigative work of the United States Inspector General for 
     Contributions to the Global Fund.
       (3) Transparency certification.--The term ``Transparency 
     Certification'' means an annual, written affirmation by the 
     Executive Director of the Global Fund that the Global Fund 
     will cooperate with the Inspector General, including by 
     providing the Inspector General, upon request, with full 
     access to oversight information.
       (4) United states contribution.--The term ``United States 
     contribution'' means a voluntary contribution, whether 
     financial, in-kind, or otherwise, from the United States 
     Government to the Global Fund, including contributions passed 
     through other entities for ultimate use by the Global Fund.
       (c) Establishment and Management of the Office of the 
     United States Inspector General for Contributions to the 
     Global Fund.--
       (1) Establishment.--There is established the Office of the 
     United States Inspector General for Contributions to the 
     Global Fund (referred to in this subsection as the ``Global 
     Fund Contributions Office'').
       (2) Purpose.--The purpose of this subsection is to 
     facilitate--
       (A) independent and objective audits and investigations 
     relating to United States contributions; and
       (B) the use of such contributions by the Global Fund--
       (i) to eliminate and deter waste, fraud, and abuse in the 
     use of such contributions; and
       (ii) to develop greater transparency, accountability, and 
     internal controls throughout the Global Fund.
       (3) Inspector general.--
       (A) Appointment.--The Global Fund Contributions Office 
     shall be headed by the Inspector General for Contributions to 
     the Global Fund (referred to in this subsection as the 
     ``Inspector General''), who shall be appointed by the 
     President, not later than 30 days after the date of the 
     enactment of this Act, on the basis of integrity and 
     demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigations.
       (B) Removal.--The Inspector General may be removed from 
     office by the President, who shall communicate the reasons 
     for any such removal to the Senate and the House of 
     Representatives.
       (C) Compensation.--The Inspector General shall be paid at 
     the annual rate of basic pay provided for positions at level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code.
       (D) Relationship to board.--
       (i) In general.--Except as provided under clause (ii), the 
     Inspector General shall report directly to, and be under the 
     general supervision of, the Board of Overseers established 
     under paragraph (4).
       (ii) Independence.--The Board, any officer of the Board, 
     and any officer of the Federal Government may not prevent or 
     prohibit the Inspector General from initiating, carrying out, 
     or completing any audit or investigation.
       (E) Duties.--The Inspector General shall--
       (i) conduct, supervise, and coordinate audits and 
     investigations of--

       (I) the treatment, handling, expenditure, and use of United 
     States contributions by and to the Global Fund; and
       (II) the adequacy of accounting, oversight, quality 
     assurance, and internal control mechanisms at the Global 
     Fund;

       (ii) establish, maintain, and oversee such systems, 
     procedures, and controls as the Inspector General considers 
     appropriate to discharge the duties described in clause (i);
       (iii) carry out the duties described in clauses (i) and 
     (ii) in accordance with section 4(b)(1) of the Inspector 
     General Act of 1978 (5 U.S.C. App.);
       (iv) collect and maintain current records regarding 
     Transparency Certifications by the Global Fund; and
       (v) fully and promptly inform Congress and the Board of 
     Overseers regarding how the Global Fund is spending United 
     States contributions through reports, testimony, document 
     transfers, and briefings.
       (F) Referrals.--
       (i) To appropriate law enforcement entities.--The Inspector 
     General shall promptly report to the law enforcement entity 
     of jurisdiction if the Inspector General has reasonable 
     grounds to believe that a criminal law of such jurisdiction 
     has been violated by the Global Fund or by an employee, 
     grantee, contractor, or representative of the Global Fund.
       (ii) To executive director.--The Inspector General shall 
     promptly report to the Executive Director, as appropriate, 
     regarding cases in which the Inspector General reasonably 
     believes that--

       (I) mismanagement, misfeasance, or malfeasance is likely to 
     have taken place within the Global Fund; and

[[Page S6731]]

       (II) disciplinary proceedings are likely justified.

       (G) Personnel, facilities, and other resources.--The 
     Inspector General may--
       (i) select, appoint, and employ such officers and employees 
     as may be necessary for carrying out the duties of the 
     Inspector General;
       (ii) obtain services authorized under section 3109 of title 
     5, United States Code, at daily rates not to exceed the 
     equivalent rate prescribed for grade GS-15 of the General 
     Schedule by section 5332 of such title;
       (iii) lease, purchase, or otherwise acquire, improve, and 
     use such real property as may be necessary for carrying out 
     this subsection; and
       (iv) to the extent, and in such amounts as may be 
     appropriated in advance--

       (I) enter into contracts and other arrangements for audits, 
     studies, analyses, and other services with public agencies 
     and with private persons; and
       (II) make such payments as may be necessary to carry out 
     the duties of the Inspector General.

       (H) Use of detailees.--
       (i) In general.--Upon request by the Inspector General, the 
     head of an agency may detail any employee of such agency to 
     the Global Fund Contributions Office on a reimbursable basis.
       (ii) Effect on benefits.--Any employee detailed pursuant to 
     clause (i) shall remain an employee of the agency from which 
     detailed for the purpose of preserving such employee's 
     allowances, privileges, rights, seniority, and other 
     benefits.
       (I) Cooperation by federal government entities.--
       (i) In general.--In carrying out the duties, 
     responsibilities, and authorities of the Inspector General 
     under this subsection, the Inspector General shall receive 
     the cooperation of inspectors general of other Federal 
     agencies.
       (ii) Information and assistance.--Upon request of the 
     Inspector General for information or assistance from any 
     Federal department, agency, or other entity, the head of such 
     entity shall, insofar as is practicable and not in 
     contravention of any existing law, furnish such information 
     or assistance to the Inspector General, or an authorized 
     designee.
       (iii) Reporting requirement.--If information or assistance 
     requested by the Inspector General is, in the judgment of the 
     Inspector General, unreasonably refused or not provided, the 
     Inspector General shall immediately report the circumstances 
     of such refusal to the Board of Directors and to the 
     appropriate congressional committees.
       (J) Confirmation of transparency by the global fund.--
       (i) Prompt notice by inspector general.--If information or 
     assistance requested from the Global Fund by the Inspector 
     General pursuant to a Transparency Certification is, in the 
     opinion of the Inspector General, unreasonably refused or not 
     provided in a timely manner, the Inspector General shall 
     immediately provide written notification of the circumstances 
     of such refusal to--

       (I) the Board of Overseers; and
       (II) the Executive Director of the Global Fund.

       (ii) Notice of compliance.--If the information or 
     assistance being sought by the Inspector General in 
     connection with a notification pursuant to clause (i) is 
     provided to the satisfaction of the Inspector General, the 
     Inspector General shall submit written notification of such 
     fact to--

       (I) the Global Fund;
       (II) the Board of Overseers; and
       (III) the appropriate congressional committees.

       (iii) Noncompliance.--If the information or assistance 
     being sought by the Inspector General in connection with a 
     notification pursuant to clause (i) is not provided to the 
     satisfaction of the Inspector General within 90 days after 
     such notification--

       (I) the Global Fund is deemed to be noncompliant with its 
     Transparency Certification; and
       (II) the Inspector General shall submit prompt, written 
     notification of that fact to the Board of Overseers, 
     appropriate congressional committees, the Executive Director 
     of the Global Fund and any office or agency of the Federal 
     Government that has provided the Global Fund with any United 
     States contribution during the most recent 2 years.

       (iv) Restoration of compliance.--

       (I) In general.--The Board of Overseers may reverse a 
     finding of Transparency Certification noncompliance pursuant 
     to clause (iii) by an affirmative vote of at least 3 of the 4 
     members of the Board of Overseers listed in clauses (i) 
     through (iv) of paragraph (4)(C).
       (II) Notification.--Upon reversing a noncompliance finding 
     under subclause (H), the Board of Overseers shall promptly 
     provide notification of such restoration and a description of 
     the basis for such decision, to the Inspector General, 
     appropriate congressional committees, the Executive Director 
     of the Global Fund and the head of any office or agency of 
     the Federal Government that has provided the Global Fund with 
     any United States contribution during the most recent 2 
     years.

       (v) Cost reimbursement.--The Inspector General may 
     reimburse the Global Fund for the reasonable cost of 
     providing to the Inspector General information or assistance 
     sought pursuant to a Transparency Certification for the 
     purpose of performing the duties described in subparagraph 
     (E).
       (K) Reports.--
       (i) Audit and investigation reports.--Promptly upon 
     completion, the Inspector General shall provide copies of 
     each audit and investigation report completed pursuant to 
     subparagraph (F) to the Board of Overseers, the appropriate 
     congressional committees, and, to the extent permissible 
     under Federal law, the Executive Director of the Global Fund.
       (ii) Semiannual reports.--Not later than May 30, 2009, and 
     semiannually thereafter, the Inspector General shall submit a 
     report to the appropriate congressional committees that--

       (I) meets the requirements of section 5 of the Inspector 
     General Act of 1978 (5 U.S.C. App.);
       (II) includes a list and detailed description of the 
     circumstances surrounding any notification of noncompliance 
     issued pursuant to subparagraph (K)(iii) during the covered 
     time frame; and
       (III) describes whether and when Board of Overseers has 
     reversed such finding of noncompliance.

       (iii) Prohibited disclosures.--Nothing in this paragraph 
     may be construed to authorize the public disclosure of 
     information that is--

       (I) specifically prohibited from disclosure by any other 
     provision of law; or
       (II) a part of an ongoing criminal investigation in the 
     United States.

       (iv) Privacy protections.--The Inspector General shall 
     exempt from public disclosure information received from the 
     Global Fund or developed during an audit or investigation 
     that the Inspector General believes--

       (I) constitutes a trade secret or privileged and 
     confidential personal financial information;
       (II) accuses a particular person of a crime;
       (III) would, if publicly disclosed, constitute a clearly 
     unwarranted invasion of personal privacy; and
       (IV) would compromise an ongoing law enforcement 
     investigation or judicial trial in the United States.

       (v) Publication.--Except as provided under clauses (iii) 
     and (iv), the Inspector General shall promptly publish each 
     report under this paragraph on a publicly available and 
     searchable Internet Website.
       (4) Board of overseers.--
       (A) Establishment.--The Global Fund Contributions Office 
     shall have a Board of Overseers.
       (B) Duties.--The Board of Overseers shall--
       (i) receive information and reports of audits and 
     investigations from the Global Fund Contributions Office and 
     the Inspector General;
       (ii) provide general direction and supervision to the 
     Global Fund Contributions Office and the Inspector General; 
     and
       (iii) determine the restoration of compliance by the Global 
     Fund with its Transparency Certification pursuant to 
     paragraph (3)(J)(iv).
       (C) Membership.--The Board of Overseers shall be comprised 
     of the following 6 members:
       (i) The Secretary of State (or the Secretary's designee).
       (ii) The Secretary of Health and Human Services (or the 
     Secretary's designee).
       (iii) The Secretary of the Treasury (or the Secretary's 
     designee).
       (iv) The Director of the Office of Management and Budget 
     (or the Director's designee).
       (v) The Global AIDS Coordinator.
       (vi) The Malaria Coordinator.
       (D) Chairman.--The Director of the Office of Management and 
     Budget (or the Director's designee) shall serve as chairman 
     of the Board of Overseers for the 1-year period beginning on 
     the date of the enactment of this Act. The chairmanship shall 
     annual rotate among the members of the Board of Overseers 
     listed in clauses (i) through (iv) of subparagraph (C).
       (d) Transparency for United States Contributions.--
       (1) Funding prerequisites.--Notwithstanding any other 
     provision of law, no funds made available for use as a United 
     States contribution to the Global Fund may be obligated or 
     expended if--
       (A) the Global Fund has not provided to the Inspector 
     General within the preceding year a Transparency 
     Certification; or
       (B) the Global Fund is deemed to be noncompliant with its 
     Transparency Certification under subsection (c)(J)(iii).
       (2) Treatment of funds withheld for noncompliance.--On the 
     last day of each fiscal year, any funds appropriated for use 
     as a United States contribution to the Global Fund during 
     that fiscal year that have not been obligated or expended 
     because of the restrictions described in paragraph (3)--
       (A) shall be returned to the United States Treasury;
       (B) are not subject to reprogramming for any other use; and
       (C) shall not be considered arrears to be repaid to the 
     Global Fund.
       (e) Allocation of Appropriations.--For each of the fiscal 
     years 2009 through 2013, not less than 0.5 percent of the 
     amounts otherwise appropriated for United States 
     contributions shall be made available to carry out this 
     section.
                                 ______
                                 
  SA 5081. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill S. 2731, to authorize appropriations for fiscal years 
2009

[[Page S6732]]

through 2013 to provide assistance to foreign countries to combat HIV/
AIDS, tuberculosis, and malaria, and for other purposes; as follows:

       On page 38, strike line 15 and all that follows through 
     ``(e)'' on page 40, line 20 and insert the following:''.
       (e) Inspector General.--
       (1) Establishment.--Section 11 of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (A) in paragraph (1), by inserting ``the Coordinator of 
     United States Government Activities to Combat HIV/AIDS 
     Globally;'' after ``Federal Deposit Insurance Corporation;''; 
     and
       (B) in paragraph (2), by inserting ``Office of the U.S. 
     Global AIDS Coordinator,'' after ``Nuclear Regulatory 
     Commission,''.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated $10,000,000 for each of the fiscal years 
     2009 through 2013, to carry out the duties of the Inspector 
     General of the Office of the Global AIDS Coordinator.
       (f)
                                 ______
                                 
  SA 5082. Mr. KYL proposed an amendment to the bill S. 2731, to 
authorize appropriations for fiscal years 2009 through 2013 to provide 
assistance to foreign countries to combat HIV/AIDS, tuberculosis, and 
malaria, and for other purposes; as follows:

       On page 129, strike line 21 and all that follows through 
     ``(b)'' on page 130, line 3, and insert the following:
       (a) In General.--Section 401 of the United States 
     Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
     2003 (22 U.S.C. 7671) is amended--
       (1) in subsection (a), by striking ``$3,000,000,000 for 
     each of the fiscal years 2004 through 2008'' and inserting 
     the following ``--
       ``(1) $40,000,000,000 for the 4-year period beginning on 
     October 1, 2008; and
       ``(2) $10,000,000,000 for fiscal year 2013.''; and
       (2) by striking subsection (c).
       (b) Point of Order Against Any Appropriation That Exceeds 
     the Amount Authorized.--
       (1) Point of order.--Subject to paragraph (2), it shall not 
     be in order in the Senate to consider any bill, joint 
     resolution, amendment, motion, or conference report that 
     contains an appropriation to carry out this Act or any 
     amendment made by this Act that exceeds the amount authorized 
     to be appropriated for such purpose under this Act or any 
     amendment made by this Act.
       (2) Waiver and appeal.--
       (A) Waiver.--Paragraph (1) may be waived or suspended in 
     the Senate only by an affirmative vote of \3/5\ of the 
     Members, duly chosen and sworn.
       (B) Appeal.--An affirmative vote of \3/5\ of the Members of 
     the Senate, duly chosen and sworn, shall be required to 
     sustain an appeal of the ruling of the Chair on a point of 
     order raised under paragraph (1).
       (c)
                                 ______
                                 
  SA 5083. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2731, to authorize appropriations for fiscal years 
2009 through 2013 to provide assistance to foreign countries to combat 
HIV/AIDS, tuberculosis, and malaria, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``United States 
     Authorization and Sunset Commission Act of 2008''.

     SEC. 602. DEFINITIONS.

       In this title--
       (1) the term ``Commission'' means the United States 
     Authorization and Sunset Commission established under section 
     603; and
       (2) the term ``Commission Schedule and Review bill'' means 
     the proposed legislation submitted to Congress under section 
     604(b).

     SEC. 603. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the United States 
     Authorization and Sunset Commission.
       (b) Composition.--The Commission shall be composed of eight 
     members (in this title 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 5 years.
       (2) Term limit.--A member of the Commission who serves more 
     than 30 months 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 
     title--
       (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 title.
       (3) Information from federal agencies.--The Commission may 
     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 to provide to the 
     Commission, on a reimbursable basis, 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 
     reimbursable 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.

[[Page S6733]]

       (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, 2018.

     SEC. 604. DUTIES AND RECOMMENDATIONS OF THE UNITED STATES 
                   AUTHORIZATION AND SUNSET COMMISSION.

       (a) Schedule and Review.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Commission shall submit to 
     Congress a legislative proposal that includes the schedule of 
     review and abolishment of programs reauthorized or 
     established under this Act (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, if applicable, of--
       (A) programs identified by the Congressional Budget Office 
     under section 602(e)(3) of title 2, United States Code; and
       (B) programs identified by the Office of Management and 
     Budget through its Program Assessment Rating Tool program or 
     other similar review program established by the Office of 
     Management and Budget as ineffective or results not 
     demonstrated.
       (3) Criteria and review.--The Commission shall review each 
     program identified under paragraph (1) in accordance with the 
     following criteria as applicable:
       (A) The effectiveness and the efficiency of the program.
       (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.
       (D) Whether the program has fulfilled the legislative 
     intent surrounding its creation, taking into account any 
     change in legislative intent during the existence of the 
     program.
       (E) Ways the program could be less burdensome but still 
     efficient in protecting the public.
       (F) Whether reorganization, consolidation, abolishment, 
     expansion, or transfer of programs would better enable the 
     Federal Government to accomplish its missions and goals.
       (G) The extent to which the program duplicates or conflicts 
     with other Federal programs, State or local government, or 
     the private sector and if consolidation or streamlining into 
     a single program is feasible.
       (b) Schedule and Abolishment of Programs Reauthorized or 
     Established Under This Act.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Commission shall submit to the 
     Congress a Commission Schedule and Review bill that--
       (A) includes a schedule for review of only those programs 
     reauthorized or established under this Act; and
       (B) abolishes any program 2 years after the date the 
     Commission completes its review of the program, unless the 
     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 606.
       (c) Recommendations and Legislative Proposals.--Not later 
     than 1 year after the date of the enactment of this Act, the 
     Commission shall submit to Congress and the President--
       (1) a report that reviews and analyzes according to the 
     criteria established under subsection (a)(4) for each program 
     (reauthorized or established under this Act) to be reviewed 
     in the year in which the report is submitted under the 
     schedule submitted to Congress under subsection (a)(1);
       (2) a proposal, if appropriate, to reauthorize, reorganize, 
     consolidate, expand, or transfer the Federal programs to be 
     reviewed in the year in which the report is submitted under 
     the schedule submitted to Congress under subsection (a)(1); 
     and
       (3) legislative provisions necessary to implement the 
     Commission's proposal and recommendations.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to limit the power of the Commission to review any 
     Federal program reauthorized or established under this Act.
       (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. 605. EXPEDITED CONSIDERATION OF COMMISSION 
                   RECOMMENDATIONS.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--If any legislative proposal with 
     provisions is submitted to Congress under section 604(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 the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives and any appropriate committee of jurisdiction 
     in the Senate and 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.

[[Page S6734]]

       (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.--
       (A) In general.--If, before the passage by 1 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--
       (i) 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 clause (iii);
       (ii) 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
       (iii) notwithstanding clause (ii), the vote on final 
     passage shall be on the bill of the other House.
       (B) Effect of disposition.--Upon disposition of a bill that 
     is received by 1 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 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 30 minutes, 
     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. 606. EXPEDITED CONSIDERATION OF COMMISSION SCHEDULE AND 
                   REVIEW BILL.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--The Commission Schedule and Review bill 
     submitted under section 604(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 the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     and any appropriate committee of jurisdiction in the Senate 
     and 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 1 House of the Commission Schedule and Review bill that 
     was introduced in such House, such House receives

[[Page S6735]]

     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 1 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.

                          ____________________