To establish a Commission on Congressional Budgetary Accountability and Review of Federal Agencies.

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

[[Page S259]]

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.
(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

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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
(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.

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