text: 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) Definition.--In this section:
              (1) In general.--Except as provided in paragraph (2), the 
          term ``agency'' has the meaning given the term ``executive 
          agency'' under section 105 of title 5, United States Code.
              (2) Exception.--The term ``agency'' does not include the 
          Department of Defense or its subdivisions.
      (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.
target: Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation.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, which shall consider such assessments submitted.Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.
feat_title: 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.