[Congressional Record (Bound Edition), Volume 156 (2010), Part 1]
[Senate]
[Pages 676-680]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3308. Mr. SESSIONS (for himself, Mrs. McCaskill, Mr. Kyl, and Mr. 
Gregg) proposed an amendment to amendment SA 3299 proposed by Mr. 
Baucus (for Mr. Reid) to the joint resolution H.J. Res. 45, increasing 
the statutory limit on the public debt; as follows:

       At the appropriate place, insert the following:

     SEC. _01. DISCRETIONARY SPENDING LIMITS.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 is amended by inserting at the end the following:


                    ``discretionary spending limits

       ``Sec. 316.  (a) Discretionary Spending Limits.--It shall 
     not be in order in the House of Representatives or the Senate 
     to consider any bill, joint resolution, amendment, or 
     conference report that includes any provision that would 
     cause the discretionary spending limits as set forth in this 
     section to be exceeded.
       ``(b) Limits.--In this section, the term `discretionary 
     spending limits' has the following meaning subject to 
     adjustments in subsection (c):
       ``(1) For fiscal year 2010--
       ``(A) for the defense category (budget function 050), 
     $556,128,000,000 in budget authority; and
       ``(B) for the nondefense category, $526,122,000,000 in 
     budget authority.
       ``(2) For fiscal year 2011--
       ``(A) for the defense category (budget function 050), 
     $564,293,000,000 in budget authority; and
       ``(B) for the nondefense category, $529,662,000,000 in 
     budget authority.
       ``(3) For fiscal year 2012--
       ``(A) for the defense category (budget function 050), 
     $573,612,000,000 in budget authority; and
       ``(B) for the nondefense category, $533,232,000,000 in 
     budget authority.
       ``(4) For fiscal year 2013--
       ``(A) for the defense category (budget function 050), 
     $584,421,000,000 in budget authority; and
       ``(B) for the nondefense category, $540,834,000,000 in 
     budget authority.
       ``(5) For fiscal year 2014--
       ``(A) for the defense category (budget function 050), 
     $598,249,000,000 in budget authority; and
       ``(B) for the nondefense category, $550,509,000,000 in 
     budget authority.
       ``(6) With respect to fiscal years following 2014, the 
     President shall recommend and the Congress shall consider 
     legislation setting limits for those fiscal years.
       ``(c) Adjustments.--
       ``(1) In general.--After the reporting of a bill or joint 
     resolution relating to any matter described in paragraph (2), 
     or the offering of an amendment thereto or the submission of 
     a conference report thereon--
       ``(A) the Chairman of the Senate Committee on the Budget 
     may adjust the discretionary spending limits, the budgetary 
     aggregates in the concurrent resolution on the budget most 
     recently adopted by the Senate and the House of 
     Representatives, and allocations pursuant to section 302(a) 
     of the Congressional Budget Act of 1974, by the amount of new 
     budget authority in that measure for that purpose and the 
     outlays flowing there from; and
       ``(B) following any adjustment under subparagraph (A), the 
     Senate Committee on Appropriations may report appropriately 
     revised suballocations pursuant to section 302(b) of the 
     Congressional Budget Act of 1974 to carry out this 
     subsection.
       ``(2) Matters described.--Matters referred to in paragraph 
     (1) are as follows:
       ``(A) Overseas deployments and other activities.--If a bill 
     or joint resolution is reported making appropriations for 
     fiscal year 2010, 2011, 2012, 2013, or 2014, that provides 
     funding for overseas deployments and other activities, the 
     adjustment for purposes paragraph (1) shall be the amount of 
     budget authority in that measure for that purpose but not to 
     exceed--
       ``(i) with respect to fiscal year 2010, $130,000,000,000 in 
     new budget authority;
       ``(ii) with respect to fiscal year 2011, $50,000,000,000 in 
     new budget authority;
       ``(iii) with respect to fiscal year 2012, $50,000,000,000 
     in new budget authority;
       ``(iv) with respect to fiscal year 2013, $50,000,000,000 in 
     new budget authority: and

[[Page 677]]

       ``(v) with respect to fiscal year 2014, $50,000,000,000 in 
     new budget authority.
       ``(B) Emergency spending.--For fiscal year 2010, 2011, 
     2012, 2013, or 2014 for appropriations for discretionary 
     accounts designated as emergency requirements, the adjustment 
     for purposes of paragraph (1) shall be the total of such 
     appropriations in discretionary accounts designated as 
     emergency requirements, but not to exceed $10,350,000,000 for 
     fiscal year 2010, $10,454,000,000 for 2011, $10,558,000,000 
     for 2012, $10,664,000,000 for 2013, and $10,877,000,000 for 
     2014. Appropriations designated as emergencies in excess of 
     these limitations shall be treated as new budget authority.
       ``(C) Internal revenue service tax enforcement.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2010, 2011, 
     2012, 2013, or 2014 that includes the amount described in 
     clause (ii)(I), plus an additional amount for enhanced tax 
     enforcement to address the Federal tax gap (taxes owed but 
     not paid) described in clause (ii)(II), the adjustment for 
     purposes of paragraph (1) shall be the amount of budget 
     authority in that measure for that initiative not exceeding 
     the amount specified in clause (ii)(II) for that fiscal year.
       ``(ii) Amounts.--The amounts referred to in clause (i) are 
     as follows:

       ``(I) For fiscal year 2010, $7,100,000,000, for fiscal year 
     2011, $7,171,000,000, for fiscal year 2012, $7,243,000,000, 
     for fiscal year 2013, $7,315,000,000, and for fiscal year 
     2014, $7,461,000,000.
       ``(II) For fiscal year 2010, $890,000,000, for fiscal year 
     2011, $899,000,000, for fiscal year 2012, $908,000,000, for 
     fiscal year 2013, $917,000,000, and for fiscal year 2014, 
     $935,000,000.

       ``(D) Continuing disability reviews and ssi 
     redeterminations.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2010, 2011, 
     2012, 2013, or 2014 that includes the amount described in 
     clause (ii)(I), plus an additional amount for Continuing 
     Disability Reviews and Supplemental Security Income 
     Redeterminations for the Social Security Administration 
     described in clause (ii)(II), the adjustment for purposes of 
     paragraph (1) shall be the amount of budget authority in that 
     measure for that initiative not exceeding the amount 
     specified in clause (ii)(II) for that fiscal year.
       ``(ii) Amounts.--The amounts referred to in clause (i) are 
     as follows:

       ``(I) For fiscal year 2010, $273,000,000; for fiscal year 
     2011, $276,000,000; for fiscal year 2012, $278,000,000; for 
     fiscal year 2013, $281,000,000; for fiscal year 2014, 
     $287,000,000.
       ``(II) For fiscal year 2010, $485,000,000; for fiscal year 
     2011, $490,000,000; for fiscal year 2012, $495,000,000; for 
     fiscal year 2013, $500,000,000; for fiscal year 2014, 
     $510,000,000.

       ``(iii) Asset verification.--

       ``(I) In general.--The additional appropriation permitted 
     under clause (ii)(II) may also provide that a portion of that 
     amount, not to exceed the amount specified in subclause (II) 
     for that fiscal year instead may be used for asset 
     verification for Supplemental Security Income recipients, but 
     only if, and to the extent that the Office of the Chief 
     Actuary estimates that the initiative would be at least as 
     cost effective as the redeterminations of eligibility 
     described in this subparagraph.
       ``(II) Amounts.--For fiscal year 2010, $34,000,000, for 
     fiscal year 2011, $34,340,000, for fiscal year 2012, 
     $34,683,000, for fiscal year 2013, $35,030,000 and for fiscal 
     year 2014, $35,731,000.

       ``(E) Health care fraud and abuse.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2010, 2011, 
     2012, 2013, or 2014 that includes the amount described in 
     clause (ii) for the Health Care Fraud and Abuse Control 
     program at the Department of Health & Human Services for that 
     fiscal year, the adjustment for purposes of paragraph (1) 
     shall be the amount of budget authority in that measure for 
     that initiative but not to exceed the amount described in 
     clause (ii).
       ``(ii) Amount.--The amount referred to in clause (i) is for 
     fiscal year 2010, $311,000,000, for fiscal year 2011, 
     $314,000,000, for fiscal year 2012, $317,000,000, for fiscal 
     year 2013, $320,000,000, and for fiscal year 2014, 
     $327,000,000.
       ``(F) Unemployment insurance improper payment reviews.--If 
     a bill or joint resolution is reported making appropriations 
     for fiscal year 2010, 2011, 2012, 2013, or 2014 that includes 
     $10,000,000, plus an additional amount for in-person 
     reemployment and eligibility assessments and unemployment 
     improper payment reviews for the Department of Labor, the 
     adjustment for purposes paragraph (1) shall be the amount of 
     budget authority in that measure for that initiative but not 
     to exceed--
       ``(i) with respect to fiscal year 2010, $50,000,000 in new 
     budget authority;
       ``(ii) with respect to fiscal year 2011, $51,000,000 in new 
     budget authority; and
       ``(iii) with respect to fiscal year 2012, $51,000,000 in 
     new budget authority.
       ``(iv) with respect to fiscal year 2013, $52,000,000 in new 
     budget authority; and
       ``(v) with respect to fiscal year 2014, $53,000,000 in new 
     budget authority.
       ``(G) Low-income home energy assistance program (liheap).--
     If a bill or joint resolution is reported making 
     appropriations for fiscal year 2010, 2011, 2012, 2013, or 
     2014 that includes $3,200,000,000 in funding for the Low-
     Income Home Energy Assistance Program and provides an 
     additional amount up to $1,900,000,000 for that program, the 
     adjustment for purposes of paragraph (1) shall be the amount 
     of budget authority in that measure for that initiative but 
     not to exceed $1,900,000,000.
       ``(d) Emergency Spending.--
       ``(1) Authority to designate.--In the Senate, with respect 
     to a provision of direct spending or receipts legislation or 
     appropriations for discretionary accounts that Congress 
     designates as an emergency requirement in such measure, the 
     amounts of new budget authority, outlays, and receipts in all 
     fiscal years resulting from that provision shall be treated 
     as an emergency requirement for the purpose of this 
     subsection.
       ``(2) Exemption of emergency provisions.--Subject to the 
     limitations provided in subsection (c)(2)(B), any new budget 
     authority, outlays, and receipts resulting from any provision 
     designated as an emergency requirement, pursuant to this 
     subsection, in any bill, joint resolution, amendment, or 
     conference report shall not count for purposes of sections 
     302 and 311 of the Congressional Budget Act of 1974, section 
     201 of S. Con. Res. 21 (110th Congress) (relating to pay-as-
     you-go), and section 311 of S. Con. Res. 70 (110th Congress) 
     (relating to long-term deficits).
       ``(3) Designations.--If a provision of legislation is 
     designated as an emergency requirement under this subsection, 
     the committee report and any statement of managers 
     accompanying that legislation shall include an explanation of 
     the manner in which the provision meets the criteria in 
     paragraph (6).
       ``(4) Definitions.--In this subsection, the terms `direct 
     spending', `receipts', and `appropriations for discretionary 
     accounts' mean any provision of a bill, joint resolution, 
     amendment, motion, or conference report that affects direct 
     spending, receipts, or appropriations as those terms have 
     been defined and interpreted for purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       ``(5) Point of order.--
       ``(A) In general.--When the Senate is considering a bill, 
     resolution, amendment, motion, or conference report, if a 
     point of order is made by a Senator against an emergency 
     designation in that measure, that provision making such a 
     designation shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(B) Supermajority waiver and appeals.--
       ``(i) Waiver.--Subparagraph (A) may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(ii) Appeals.--Appeals in the Senate from the decisions 
     of the Chair relating to any provision of this paragraph 
     shall be limited to 1 hour, to be equally divided between, 
     and controlled by, the appellant and the manager of the bill 
     or joint resolution, as the case may be. An affirmative vote 
     of three-fifths 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 this paragraph.
       ``(C) Definition of an emergency designation.--For purposes 
     of subparagraph (A), a provision shall be considered an 
     emergency designation if it designates any item as an 
     emergency requirement pursuant to this paragraph.
       ``(D) Form of the point of order.--A point of order under 
     subparagraph (A) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       ``(E) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill, upon a point of order being made by any 
     Senator pursuant to this paragraph, and such point of order 
     being sustained, such material contained in such conference 
     report shall be deemed stricken, and the Senate shall proceed 
     to consider the question of whether the Senate shall recede 
     from its amendment and concur with a further amendment, or 
     concur in the House amendment with a further amendment, as 
     the case may be, which further amendment shall consist of 
     only that portion of the conference report or House 
     amendment, as the case may be, not so stricken. Any such 
     motion in the Senate shall be debatable. In any case in which 
     such point of order is sustained against a conference report 
     (or Senate amendment derived from such conference report by 
     operation of this subsection), no further amendment shall be 
     in order.
       ``(6) Criteria.--
       ``(A) In general.--For purposes of this subsection, any 
     provision is an emergency requirement if the situation 
     addressed by such provision is--
       ``(i) necessary, essential, or vital (not merely useful or 
     beneficial);
       ``(ii) sudden, quickly coming into being, and not building 
     up over time;
       ``(iii) an urgent, pressing, and compelling need requiring 
     immediate action;
       ``(iv) subject to clause (ii), unforeseen, unpredictable, 
     and unanticipated; and
       ``(v) not permanent, temporary in nature.

[[Page 678]]

       ``(7) Unforeseen.--An emergency that is part of an 
     aggregate level of anticipated emergencies, particularly when 
     normally estimated in advance, is not unforeseen.
       ``(e) Limitations on Changes to Exemptions.--It shall not 
     be in order in the Senate or the House of Representatives to 
     consider any bill, resolution, amendment, or conference 
     report that would exempt any new budget authority, outlays, 
     and receipts from being counted for purposes of this section.
       ``(f) Point of Order in the Senate.--
       ``(1) Waiver.--The provisions of this section shall be 
     waived or suspended in the Senate only--
       ``(A) by the affirmative vote of two-thirds of the Members, 
     duly chosen and sworn; or
       ``(B) in the case of the defense budget authority, if 
     Congress declares war or authorizes the use of force.
       ``(2) Appeal.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the measure. 
     An affirmative vote of two-thirds 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 this section.
       ``(3) Limitations on changes to this subsection.--It shall 
     not be in order in the Senate or the House of Representatives 
     to consider any bill, resolution, amendment, or conference 
     report that would repeal or otherwise change this 
     subsection.''.
       (b) Table of Contents.--The table of contents set forth in 
     section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by inserting after the item 
     relating to section 315 the following new item:

``Sec. 316. Discretionary spending limits.''.
                                 ______
                                 
  SA 3309. Mr. BROWNBACK (for himself, Mr. Chambliss, Mr. Ensign, and 
Mr. Vitter) submitted an amendment intended to be proposed to amendment 
SA 3299 proposed by Mr. Baucus (for Mr. Reid) to the joint resolution 
H.J. Res. 45, increasing the statutory limit on the public debt; as 
follows:

       At the end, add the following:

  TITLE II--COMMISSION ON CONGRESSIONAL BUDGETARY ACCOUNTABILITY AND 
                       REVIEW OF FEDERAL AGENCIES

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' means--
       (A) an Executive agency, as defined under section 105 of 
     title 5, United States Code; and
       (B) the Executive Office of the President.
       (2) Calendar day.--The term ``calendar day'' means a 
     calendar day other than one on which either House is not in 
     session because of an adjournment of more than 3 days to a 
     date certain.
       (3) Commission bill.--The term ``Commission bill'' means 
     only a bill which is introduced as provided under section 
     206, and contains the proposed legislation included in the 
     report submitted to Congress under section 203(b)(1), without 
     modification.
       (4) Program.--The term ``program'' means any activity or 
     function of an agency.

     SEC. 202. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the Commission on 
     Congressional Budgetary Accountability and Review of Federal 
     Agencies (referred to in this title as the ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall consist of 8 members, 
     of which, not later than 30 days after the date of enactment 
     of this title--
       (A) 2 shall be appointed by the majority leader of the 
     Senate;
       (B) 2 shall be appointed by the minority leader of the 
     Senate;
       (C) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (D) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (2) Cochairpersons.--The majority leader of the Senate and 
     the Speaker of the House of Representatives shall each 
     designate a Cochairperson from among the members of the 
     Commission.
       (c) Date.--Members of the Commission shall be appointed by 
     not later than 30 days after the date of enactment of this 
     title.
       (d) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (e) Meetings.--
       (1) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (2) Subsequent meetings.--The Commission shall meet at the 
     call of the Cochairpersons or a majority of its members.
       (f) Quorum.--Five members of the Commission shall 
     constitute a quorum for purposes of voting, but a quorum is 
     not required for members to meet and hold hearings.

     SEC. 203. DUTIES OF THE COMMISSION.

       (a) Systematic Assessment of Programs by the Commission.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this title, the Commission shall establish a 
     systematic method for assessing the effectiveness and 
     accountability of agency programs in accordance with 
     paragraph (2) and divide the programs into 4 approximately 
     equal budgetary parts based on the size of the budget and 
     number of personnel of the agency program.
       (2) Method objectives.--The method established under 
     paragraph (1) shall--
       (A) recognize different types of Federal programs;
       (B) assess programs based on the achievement of performance 
     goals (as defined under section 1115(g)(4) of title 31, 
     United States Code);
       (C) assess programs based in part on the adequacy of the 
     program's performance measures, financial management, and 
     other factors;
       (D) assess programs based in part on whether the program 
     has fulfilled the legislative intent surrounding the creation 
     of the program, taking into account any change in legislative 
     intent during the program's existence; and
       (E) assess programs based in part on collaborative 
     analysis, with the program or agency, of program policy and 
     goals which may not fit into easily measurable performance 
     goals.
       (b) Evaluation, Plan, and Legislation.--
       (1) In general.--The Commission shall--
       (A) evaluate all agencies and programs within those 
     agencies in each unit identified in the systemic assessment 
     under subsection (a) (1 each year over the next 4 years), 
     using the criteria under paragraph (4); and
       (B) submit to Congress each of the next 4 years beginning 
     January 1, 2011, with respect to each evaluation under 
     subparagraph (A)--
       (i) a plan with recommendations of the agencies and 
     programs that should be realigned or eliminated within each 
     part; and
       (ii) proposed legislation to implement the plan described 
     under clause (i).
       (2) Approval of plan.--Any plan submitted under paragraph 
     (1) shall be approved by an affirmative vote of at least 6 
     members of the Commission.
       (3) Relocation of federal employees.--The proposed 
     legislation under paragraph (1) shall provide that if the 
     position of an employee of an agency is eliminated as a 
     result of the implementation of the plan under paragraph 
     (1)(A), the affected agency shall make reasonable efforts to 
     relocate such employee to another position within the agency 
     or within another Federal agency.
       (4) Criteria.--
       (A) Duplicative.--If 2 or more agencies or programs are 
     performing the same essential function and the function can 
     be consolidated or streamlined into a single agency or 
     program, the Commission shall recommend that the agencies or 
     programs be realigned.
       (B) Wasteful or inefficient.--The Commission may recommend 
     the realignment or elimination of any agency or program that 
     has wasted Federal funds by--
       (i) egregious spending;
       (ii) mismanagement of resources and personnel; or
       (iii) use of such funds for personal benefit or the benefit 
     of a special interest group.
       (C) Outdated, irrelevant, or failed.--The Commission shall 
     recommend the elimination of any agency or program that--
       (i) has completed its intended purpose;
       (ii) has become irrelevant; or
       (iii) has failed to meet its objectives.

     SEC. 204. POWERS OF THE COMMISSION.

       (a) Hearings.--Subject to subsection (d), the 
     Cochairpersons of the Commission may, for the purpose of 
     carrying out this title--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Chairperson of the Commission 
     considers advisable;
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses as the Chairperson of the 
     Commission considers advisable; and
       (3) require, by subpoena or otherwise, the production of 
     such books, records, correspondence, memoranda, papers, 
     documents, tapes, and other evidentiary materials relating to 
     any matter under investigation by the Commission.
       (b) Subpoenas.--
       (1) Issuance.--
       (A) In general.--A subpoena may be issued under this 
     section only by the affirmative vote of 5 members of the 
     Commission.
       (B) Signatures.--Subpoenas issued under this section may 
     be--
       (i) issued under the signatures of any 2 members of the 
     Commission who are not members of the same political party; 
     and
       (ii) served by any person designated by the Cochairpersons 
     or by a member designated by a majority of the Commission.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under this section, the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.

[[Page 679]]

       (c) Technical Assistance.--Upon the request of the 
     Commission, the head of a Federal agency shall provide such 
     technical assistance to the Commission as the Commission 
     determines to be necessary to carry out its duties.
       (d) Information.--
       (1) In general.--The Commission shall have reasonable 
     access to budgetary, performance or programmatic materials, 
     resources, statistical data, and other information the 
     Commission determines to be necessary to carry out its duties 
     from the Congressional Budget Office, and other agencies and 
     representatives of the executive and legislative branches of 
     the Federal Government. Members of the Commission shall make 
     requests for such access in writing when necessary.
       (2) Receipt, handling, storage, and dissemination of 
     information.--Information shall only be received, handled, 
     stored, and disseminated by members of the Commission and its 
     staff consistent with all applicable statutes, regulations, 
     and Executive orders.
       (3) Limitation of access to personal tax information.--
     Information requested, subpoenaed, or otherwise accessed 
     under this title shall not include tax data from the United 
     States Internal Revenue Service, the release of which would 
     otherwise be in violation of law.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.

     SEC. 205. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--
       (1) Non-federal members.--Except as provided under 
     subsection (b), each member of the Commission who is not an 
     officer or employee of the Federal Government shall not be 
     compensated.
       (2) Federal officers or employees.--All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--With the approval of the majority of the 
     Commission, the Cochairpersons of the Commission may, appoint 
     an executive director and such other additional personnel as 
     may be necessary to enable the Commission to perform its 
     duties.
       (2) Compensation.--Upon the approval of the Cochairpersons, 
     the executive director may fix the compensation of the 
     executive director and other personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the maximum rate payable for a position at GS-15 of the 
     General Schedule under section 5332 of such title.
       (3) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement from the Commission, and such detail shall be 
     without interruption or loss of civil service status or 
     privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     With the approval of the majority of the Commission, the 
     Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 206. EXPEDITED CONSIDERATION OF REFORM PROPOSALS.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--The Commission bill language provisions 
     submitted pursuant to section 203(b)(1) shall be introduced 
     in the Senate by the majority leader, or the majority 
     leader's designee, and in the House of Representatives, by 
     the Speaker, or the Speaker's designee. Upon such 
     introduction, the Commission bill shall be referred to the 
     appropriate committees of Congress under paragraph (2). If 
     the Commission bill is not introduced in accordance with the 
     preceding sentence, then any member of Congress may introduce 
     the Commission bill in their respective House of Congress 
     beginning on the date that is the 5th calendar day that such 
     House is in session following the date of the submission of 
     such aggregate legislative language provisions.
       (2) Committee consideration.--
       (A) Referral.--A Commission bill introduced under paragraph 
     (1) shall be referred to any appropriate committee of 
     jurisdiction in the Senate, any appropriate committee of 
     jurisdiction in the House of Representatives, the Committee 
     on the Budget of the Senate and the Committee on the Budget 
     of the House of Representatives. A committee to which a 
     Commission bill is referred under this paragraph may review 
     and comment on such bill, may report such bill to the 
     respective House, and may not amend such bill.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the Commission bill, each Committee of 
     Congress to which the Commission bill was referred shall 
     report the bill.
       (C) Discharge of committee.--If a committee to which is 
     referred a Commission bill has not reported such Commission 
     bill at the end of 30 calendar days after its introduction or 
     at the end of the first day after there has been reported to 
     the House involved a Commission bill, whichever is earlier, 
     such committee shall be deemed to be discharged from further 
     consideration of such Commission bill, and such Commission 
     bill shall be placed on the appropriate calendar of the House 
     involved.
       (b) Expedited Procedure.--
       (1) Consideration.--
       (A) In general.--Not later than 5 calendar days after the 
     date on which a committee has reported a Commission bill or 
     been discharged from consideration of a Commission bill, the 
     majority leader of the Senate, or the majority leader's 
     designee, or the Speaker of the House of Representatives, or 
     the Speaker's designee, shall move to proceed to the 
     consideration of the Commission bill. It shall also be in 
     order for any member of the Senate or the House of 
     Representatives, respectively, to move to proceed to the 
     consideration of the Commission bill at any time after the 
     conclusion of such 5-day period.
       (B) Motion to proceed.--A motion to proceed to the 
     consideration of a Commission bill is highly privileged in 
     the House of Representatives and is privileged in the Senate 
     and is not debatable. The motion is not subject to amendment 
     or to a motion to postpone consideration of the Commission 
     bill. If the motion to proceed is agreed to, the Senate or 
     the House of Representatives, as the case may be, shall 
     immediately proceed to consideration of the Commission bill 
     without intervening motion, order, or other business, and the 
     Commission bill shall remain the unfinished business of the 
     Senate or the House of Representatives, as the case may be, 
     until disposed of.
       (C) Limited debate.--Debate on the Commission bill and on 
     all debatable motions and appeals in connection therewith 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     Commission bill. A motion further to limit debate on the 
     Commission bill is in order and is not debatable. All time 
     used for consideration of the Commission bill, including time 
     used for quorum calls (except quorum calls immediately 
     preceding a vote) and voting, shall come from the 10 hours of 
     debate.
       (D) Amendments.--No amendment to the Commission bill shall 
     be in order in the Senate and the House of Representatives.
       (E) Vote on final passage.--Immediately following the 
     conclusion of the debate on the Commission bill, the vote on 
     final passage of the Commission bill shall occur.
       (F) Other motions not in order.--A motion to postpone 
     consideration of the Commission bill, a motion to proceed to 
     the consideration of other business, or a motion to recommit 
     the Commission bill is not in order. A motion to reconsider 
     the vote by which the Commission bill is agreed to or not 
     agreed to is not in order.
       (2) Consideration by other house.--If, before the passage 
     by one House of the Commission bill that was introduced in 
     such House, such House receives from the other House a 
     Commission bill as passed by such other House--
       (A) the Commission bill of the other House shall not be 
     referred to a committee and may only be considered for final 
     passage in the House that receives it under subparagraph (C);
       (B) the procedure in the House in receipt of the Commission 
     bill of the other House, shall be the same as if no 
     Commission bill had been received from the other House; and
       (C) notwithstanding subparagraph (B), the vote on final 
     passage shall be on the Commission bill of the other House.
       (3) Upon disposition of a Commission bill that is received 
     by one House from the other House, it shall no longer be in 
     order to consider the Commission bill that was introduced in 
     the receiving House.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a Commission bill, and it 
     supersedes other rules only to the extent that it is 
     inconsistent with such rules; and

[[Page 680]]

       (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. 207. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits the final evaluation and plan 
     report under section 203.

     SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for carrying out this title for each of the fiscal 
     years 2010 through 2014.

                          ____________________