[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Pages 10219-10220]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 521. Mr. COBURN (for himself, Mr. Udall of Colorado, Ms. Collins, 
Mrs. McCaskill, Mr. Burr, Mr. Paul, Mr. Brown of Massachusetts, Mr. 
McCain, Ms. Ayotte, and Mr. Begich) submitted an amendment intended to 
be proposed by him to the resolution S. Res. 116, to provide for 
expedited Senate consideration of certain nominations subject to advice 
and consent; as follows:

       At the end of the resolution, insert the following:

     SEC. ___. PREVENTING DUPLICATIVE AND OVERLAPPING GOVERNMENT 
                   PROGRAMS RESOLUTION.

       (a) Short Title.--This section may be cited as the 
     ``Preventing Duplicative and Overlapping Government Programs 
     Resolution''.
       (b) Reported Legislation.--Paragraph 11 of rule XXVI of the 
     Standing Rules of the Senate is amended--
       (1) in subparagraph (c), by striking ``and (b)'' and 
     inserting ``(b), and (c)'';
       (2) by redesignating subparagraph (c) and subparagraph (d); 
     and
       (3) by inserting after subparagraph (b) the following:
       ``(c) The report accompanying each bill or joint resolution 
     of a public character reported by any committee (including 
     the Committee on Appropriations and the Committee on the 
     Budget) shall contain--
       ``(1) an analysis by the Congressional Research Service to 
     determine if the bill or joint resolution creates any new 
     Federal program, office, or initiative that would duplicate 
     or overlap any existing Federal program, office, or 
     initiative with similar mission, purpose, goals, or 
     activities along with a listing of all of the overlapping or 
     duplicative Federal program or programs, office or offices, 
     or initiative or initiatives; and
       ``(2) an explanation provided by the committee as to why 
     the creation of each new program, office, or initiative is 
     necessary if a similar program or programs, office or 
     offices, or initiative or initiatives already exist.''.
       (c) Senate.--Rule XVII of the Standing Rules of the Senate 
     is amended by inserting at the end thereof the following:
       ``6. (a) It shall not be in order in the Senate to proceed 
     to any bill or joint resolution unless the committee of 
     jurisdiction has prepared and posted on the committee website 
     an overlapping and duplicative programs analysis and 
     explanation for the bill or joint resolution as described in 
     subparagraph (b) prior to proceeding.
       ``(b) The analysis and explanation required by this 
     subparagraph shall contain--
       ``(1) an analysis by the Congressional Research Service to 
     determine if the bill or joint resolution creates any new 
     Federal program, office, or initiative that would duplicate 
     or overlap any existing Federal program, office, or 
     initiative with similar mission, purpose, goals, or 
     activities along with a listing of all of the overlapping or 
     duplicative Federal program or programs, office or offices, 
     or initiative or initiatives; and
       ``(2) an explanation provided by the committee as to why 
     the creation of each new program, office, or initiative is 
     necessary if a similar program or programs, office or 
     offices, or initiative or initiatives already exist.
       ``(c) This paragraph may be waived by joint agreement of 
     the Majority Leader and the Minority Leader of the Senate 
     upon their certification that such waiver is necessary as a 
     result of a significant disruption to Senate facilities or to 
     the availability of the Internet or a bill or joint 
     resolution is designated as `emergency.'''.
                                 ______
                                 
  SA 522. Mr. HARKIN (for Mr. Udall of New Mexico (for himself and Mr. 
Harkin)) submitted an amendment intended to be proposed by Mr. Harkin 
to the resolution S. Res. 116, to provide for expedited Senate 
consideration of certain nominations subject to advice and consent; as 
follows:

       At the end of the resolution, insert the following:

     SEC. ___. ESTABLISHING MAJORITY VOTE THRESHOLD FOR PROCEEDING 
                   TO NOMINATIONS.

       The second undesignated paragraph of paragraph 2 of rule 
     XXII of the Standing Rules of the Senate is amended to read 
     as follows:
       ``Is it the sense of the Senate that the debate shall be 
     brought to a close?'' And if that question shall be decided 
     in the affirmative by three-fifths of the Senators duly 
     chosen and sworn -- except on a measure or motion to amend 
     the Senate rules, in which case the necessary affirmative 
     vote shall be two-thirds of the Senators present and voting -
     - then said measure, motion, or other matter pending before 
     the Senate, or the unfinished business, shall be the 
     unfinished business to the exclusion of all other business 
     until disposed of. On a nomination to an Executive Branch 
     position requiring the advise and consent of the Senate, the 
     necessary affirmative vote shall be a majority of the 
     Senators duly chosen and sworn.''.
                                 ______
                                 
  SA 523. Mr. SCHUMER (for himself, Mr. Alexander, Mr. Lieberman, Ms. 
Collins, and Mr. Carper) proposed an amendment to the resolution S. 
Res. 116, to provide for expedited Senate consideration of certain 
nominations subject to advice and consent; as follows:

       On page 5, line 2, strike ``15 to 21'' and insert ``6''.
       On page 6, after line 24, insert the following:
       (31) Chief Financial Officer, from the following:
       (A) Department of Agriculture.
       (B) Department of Commerce.
       (C) Department of Defense.
       (D) Department of Education.
       (E) Department of Energy.
       (F) Department of Environmental Protection Agency.
       (G) Department of Health and Human Services.
       (H) Department of Homeland Security.
       (I) Department of Housing and Urban Development.
       (J) Department of the Interior.
       (K) Department of Labor.
       (L) National Aeronautics and Space Administration.
       (M) Department of State.
       (N) Department of Transportation.
       (O) Department of the Treasury.
       (P) Department of Veterans Affairs.
       (32) Assistant Secretary for Financial Management of the 
     Air Force.
       (33) Assistant Secretary for Financial Management of the 
     Army.
       (34) Assistant Secretary for Financial Management of Navy.
       (35) Controller, Office of Federal Financial Management, 
     Office of Management and Budget.
       (36) Assistant Secretaries or other officials whose primary 
     responsibility is legislative affairs from the following:
       (A) Department of Agriculture.
       (B) Department of Energy.
       (C) Department of Defense.
       (D) Department of Housing and Urban Development.
       (E) Department of Commerce.
       (F) Department of Treasury.
       (G) Department of State.
       (H) Department of Health and Human Services.
       (I) United States Agency for International Development.
       (J) Department of Education.
       (K) Department of Labor.
       (L) Department of Justice.
       (M) Department of Veterans Affairs.
       (N) Department of Transportation.
       (37) Commissioner, Rehabilitative Services Administration, 
     Department of Education.
       (38) Commissioner, Administration for Children, Youth, and 
     Families, Department of Health and Human Services.
       (39) Commissioner, Administration for Native Americans, 
     Department of Health and Human Services.
       (40) Federal Coordinator, Alaska Natural Gas Transportation 
     Projects.
       (41) Assistant Secretary for Administration, Department of 
     Commerce.

       On page 7, strike line 5 and insert the following:

[[Page 10220]]



     SEC. 4. COMMITTEE JUSTIFICATION FOR NEW EXECUTIVE POSITIONS.

       The report accompanying each bill or joint resolution of a 
     public character reported by any committee shall contain an 
     evaluation and justification made by such committee for the 
     establishment in the measure being reported of any new 
     position appointed by the President within an existing or new 
     Federal entity.

     SEC. 5. EFFECTIVE DATE.

                          ____________________