To provide for the continuing review of unauthorized Federal programs and agencies and to establish a bipartisan commission for the purpose of improving oversight and eliminating wasteful Government spending.
Mr. CORNYN (for himself, Mr. VOINOVICH, Mr. ENSIGN, Mrs. HUTCHISON, and Mr. CHAMBLISS) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
To provide for the continuing review of unauthorized Federal programs and agencies and to establish a bipartisan commission for the purpose of improving oversight and eliminating wasteful Government spending.
(a) Establishment- There is established the United States Authorization and Sunset Commission.
(b) Composition- The Commission shall be composed of eight members (in this Act referred to as the ‘members’), as follows:
(1) Four members appointed by the majority leader of the Senate, one 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, one 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), four shall be members of the Senate (not more than two of whom may be of the same political party).
(B) HOUSE OF REPRESENTATIVE MEMBERS- Of the members appointed under subsection (b)(2), four shall be members of the House of Representatives, not more than two 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 6 years, except that, of the members first appointed under paragraphs (1) and (2) of subsection (b), two members shall be appointed to serve a term of 3 years.
(2) TERM LIMIT- A member of the Commission who serves more than 3 years 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, five 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 Act--
(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 Act.
(3) INFORMATION FROM FEDERAL AGENCIES- The Commission is authorized to 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 on a reimbursable basis to provide the Commission with 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.
(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, 2039.