S AMDT 1282

S 1282 IS

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

June 17, 2009

Mr. BROWNBACK (for himself, Mr. ALEXANDER, Mr. CHAMBLISS, Mr. COBURN, Mr. CORKER, Mr. CORNYN, Mr. CRAPO, Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, Mrs. HUTCHISON, Mr. INHOFE, Mr. ISAKSON, Mr. JOHANNS, Mr. KYL, Mr. MARTINEZ, Mr. MCCAIN, Mr. RISCH, Mr. THUNE, Mr. VITTER, and Mr. VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

In this Act:

(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 6, and contains the proposed legislation included in the report submitted to Congress under section 3(b)(1), without modification.

(4) PROGRAM- The term ‘program’ means any activity or function of an agency.

SEC. 2. ESTABLISHMENT OF COMMISSION.

(a) Establishment- There is established the Commission on Congressional Budgetary Accountability and Review of Federal Agencies (referred to in this Act as the ‘Commission’).

(b) Membership-

(1) IN GENERAL- The Commission shall consist of 7 members, of which, not later than 30 days after the date of enactment of this Act--

(A) 1 shall be appointed by the President;

(B) 1 shall be appointed by the majority leader of the Senate;

(C) 1 shall be appointed by the President pro tempore of the Senate;

(D) 1 shall be appointed by the minority leader of the Senate;

(E) 1 shall be appointed by the Speaker of the House of Representatives;

(F) 1 shall be appointed by the majority leader of the House of Representatives; and

(G) 1 shall be appointed by the minority leader of the House of Representatives.

(2) COCHAIRPERSONS- The President shall designate 2 Cochairpersons from among the members of the Commission. The Cochairpersons may not be affiliated with the same political party.

(c) Date- Members of the Commission shall be appointed by not later than 30 days after the date of enactment of this Act.

(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- Four 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. 3. 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 Act, 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 (3); 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) 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.

(3) 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. 4. POWERS OF THE COMMISSION.

(a) Hearings- Subject to subsection (d), the Cochairpersons 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 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--

(i) the agreement of the Cochairpersons; or

(ii) the affirmative vote of 4 members of the Commission.

(B) SIGNATURE- Subpoenas issued under this section may be issued under the signature of both Cochairpersons of the Commission and may be 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. The Cochairpersons 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 Act 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. 5. COMMISSION PERSONNEL MATTERS.