Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission. Requires the Commission to consider submitted assessments in evaluating programs.
Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1668 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1668
To establish a commission to conduct a comprehensive review of Federal
agencies and programs and to recommend the elimination or realignment
of duplicative, wasteful, or outdated functions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2003
Mr. Brownback (for himself, Mr. Miller, Mr. Alexander, Mr. Allard, Mr.
Allen, Mr. Bunning, Mr. Burns, Mr. Chambliss, Mr. Cornyn, Mr. Craig,
Mr. Crapo, Mr. Ensign, Mr. Enzi, Mr. Fitzgerald, Mr. Graham of South
Carolina, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr. Kyl, Mr. Lott, Mr.
McCain, Ms. Murkowski, Mr. Nickles, Mr. Santorum, Mr. Sessions, Mr.
Sununu, Mr. Thomas, and Mr. Voinovich) introduced the following bill;
which was read twice and referred to the Committee on Governmental
Affairs
_______________________________________________________________________
A BILL
To establish a commission to conduct a comprehensive review of Federal
agencies and programs and to recommend the elimination or realignment
of duplicative, wasteful, or outdated functions, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Accountability and
Review of Federal Agencies Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on the
Accountability and Review of Federal Agencies (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall consist of 12
members, all of whom shall be appointed by the President not
later than 90 days after the date of enactment of this Act.
(2) Chairperson and vice chairperson.--The President shall
designate a chairperson and vice chairperson from among the
members of the Commission.
(c) 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.
(d) 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 chairperson.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Definitions.--In this section, the following definitions shall
apply:
(1) Agency.--
(A) In general.--Except as provided in subparagraph
(B), the term ``agency'' has the meaning given the term
``Executive agency'' under section 105 of title 5,
United States Code.
(B) Exceptions.--The term ``agency'' does not
include--
(i) the Department of Defense or its
subdivisions; or
(ii) any agency that solely administers
entitlement programs.
(2) Entitlement program.--The term ``entitlement program''
means any program that makes payments (including loans and
grants), the budget authority for which is not provided for in
advance by appropriation Acts, to any person or government if,
under the provisions of the law containing such authority, the
United States is obligated to make such payments to persons or
governments who meet the requirements established by such law.
(3) Program.--
(A) In general.--Except as provided in subparagraph
(B), the term ``program'' means any activity or
function of an agency.
(B) Exception.--The term ``program'' does not
include entitlement programs.
(b) In General.--The Commission shall--
(1) evaluate all agencies and programs within those
agencies, using the criteria under subsection (c); and
(2) submit to Congress--
(A) a plan with recommendations of the agencies and
programs that should be realigned or eliminated; and
(B) proposed legislation to implement the plan
described under subparagraph (A).
(c) Criteria.--
(1) 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 agency or program be
realigned.
(2) Wasteful or inefficient.--The Commission shall
recommend the realignment or elimination of any agency or
program that has wasted Federal funds by--
(A) egregious spending;
(B) mismanagement of resources and personnel; or
(C) use of such funds for personal benefit or the
benefit of a special interest group.
(3) Outdated, irrelevant, or failed.--The Commission shall
recommend the elimination of any agency or program that--
(A) has completed its intended purpose;
(B) has become irrelevant; or
(C) has failed to meet its objectives.
(d) Systematic Assessment of Programs.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall--
(A) establish a systematic method for assessing the
effectiveness and accountability of agency programs;
and
(B) submit, to the Commission, assessments of not
less than \1/2\ of all programs covered under
subsection (b)(1) that use the method established under
subparagraph (A).
(2) Method objectives.--The method established under
paragraph (1) shall--
(A) recognize different types of federal programs;
(B) assess programs based primarily on the
achievement of performance goals (as defined under
section 1115(f)(4) of title 31, United States Code);
and
(C) assess programs based in part on the adequacy
of the program's performance measures, financial
management, and other factors determined by the
President.
(3) Development.--The method established under paragraph
(1) shall not be implemented until it has been reviewed and
accepted by the Commission.
(4) Consideration of assessments.--The Commission shall
consider assessments submitted under this subsection when
evaluating programs under subsection (b)(1).
(e) Common Performance Measures.--Not later than 1 year after the
date of enactment of this Act, the President shall identify common
performance measures for programs covered in subsection (b)(1) that
have similar functions and, to the extent feasible, provide the
Commission with data on such performance measures.
(f) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a report that includes--
(A) the plan described under subsection (b)(2)(A),
with supporting documentation for all recommendations;
and
(B) the proposed legislation described under
subsection (b)(2)(B).
(2) Use of savings.--The proposed legislation described
under subsection (b)(2)(B) shall provide that all funds saved
by the implementation of the plan described under subsection
(b)(2)(A) shall be used to--
(A) support other domestic programs; or
(B) pay down the national debt.
(3) Relocation of federal employees.--The proposed
legislation under paragraph (1)(B) 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.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this Act--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as any member of the Commission considers
advisable;
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses as any member 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.--Subpoenas issued under subsection (a) shall
bear the signature of the chairperson of the Commission and
shall be served by any person or class of persons designated by
the chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), 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) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(d) 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.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 5. 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.--The chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--Upon the approval of the chairperson,
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, 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, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--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. 6. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the report under section 3(f).
SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.
(a) Definitions.--In this section:
(1) Implementation bill.--The term ``implementation bill''
means only a bill which is introduced as provided under
subsection (b), and contains the proposed legislation included
in the report submitted to Congress under section 3, without
modification.
(2) Calendar day.--The term ``calendar day'' means a
calendar day other than 1 on which either House is not in
session because of an adjournment of more than 3 days to a date
certain.
(b) Introduction; Referral; and Report or Discharge.--
(1) Introduction.--On the first calendar day on which both
Houses are in session, on or immediately following the date on
which the report is submitted to Congress under section 3, a
single implementation bill shall be introduced (by request)--
(A) in the Senate by the Majority Leader of the
Senate, for himself and the Minority Leader of the
Senate, or by Members of the Senate designated by the
Majority Leader and Minority Leader of the Senate; and
(B) in the House of Representatives by the Speaker
of the House of Representatives, for himself and the
Minority Leader of the House of Representatives, or by
Members of the House of Representatives designated by
the Speaker and Minority Leader of the House of
Representatives.
(2) Referral.--The implementation bills introduced under
paragraph (1) shall be referred to any appropriate committee of
jurisdiction in the Senate and any appropriate committee of
jurisdiction in the House of Representatives. A committee to
which an implementation bill is referred under this paragraph
may report such bill to the respective House without amendment.
(3) Report or discharge.--If a committee to which an
implementation bill is referred has not reported such bill by
the end of the 15th calendar day after the date of the
introduction of such bill, such committee shall be immediately
discharged from further consideration of such bill, and upon
being reported or discharged from the committee, such bill
shall be placed on the appropriate calendar.
(c) Floor Consideration.--
(1) In general.--When the committee to which an
implementation bill is referred has reported, or has been
discharged under subsection (b)(3), it is at any time
thereafter in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
implementation bill, and all points of order against the
implementation bill (and against consideration of the
implementation bill) are waived. The motion 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, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the implementation bill is agreed to, the implementation bill shall
remain the unfinished business of the respective House until disposed
of.
(2) Amendments.--An implementation bill may not be amended
in the Senate or the House of Representatives.
(3) Debate.--Debate on the implementation 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
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the implementation bill is not in order. A
motion to reconsider the vote by which the implementation bill
is agreed to or disagreed to is not in order.
(4) Vote on final passage.--Immediately following the
conclusion of the debate on an implementation bill, and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the appropriate House, the vote
on final passage of the implementation bill shall occur.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to an implementation bill shall
be decided without debate.
(d) Coordination With Action by Other House.--If, before the
passage by 1 House of an implementation bill of that House, that House
receives from the other House an implementation bill, then the
following procedures shall apply:
(1) Nonreferral.--The implementation bill of the other
House shall not be referred to a committee.
(2) Vote on bill of other house.--With respect to an
implementation bill of the House receiving the implementation
bill--
(A) the procedure in that House shall be the same
as if no implementation bill had been received from the
other House; but
(B) the vote on final passage shall be on the
implementation bill of the other House.
(e) Rules of Senate and House of Representatives.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a 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 an implementation bill described in
subsection (a), 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 relating 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. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for carrying out this Act for each of the fiscal years 2004
through 2006.
<all>
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs.
Committee on Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
Committee on Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia. Hearings held.
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