To establish a bipartisan commission for the purpose of improving oversight and eliminating wasteful government spending under the President's Emergency Plan for AIDS Relief.

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.

____________________