[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3294 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 3294
To establish the Mandatory Bureaucratic Realignment and Consolidation
Commission to reduce outlays flowing from direct spending.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2016
Mr. Coats introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish the Mandatory Bureaucratic Realignment and Consolidation
Commission to reduce outlays flowing from direct spending.
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 ``Mandatory Bureaucratic Realignment
and Consolidation Commission Act of 2016'' or the ``Mandatory BRACC
Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``account'', ``budgetary resources'',
``direct spending'', ``discretionary appropriations'', and
``sequestration'' have the meaning given such terms in section
250(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900(c));
(2) the term ``Commission'' means the Mandatory
Bureaucratic Realignment and Consolidation Commission
established under section 4(a);
(3) the term ``Commission bill'' means a bill consisting of
the proposed legislative language recommended by the Commission
under section 4(b)(3) and introduced under section 5(a);
(4) the term ``outlays'' has the meaning given that term
under section 3 of the Congressional Budget Act of 1974 (2
U.S.C. 622); and
(5) the term ``total spending''--
(A) means all outlays of the Government;
(B) includes outlays from off-budget entities and
budget authority and outlays flowing therefrom, as
applicable, designated as emergencies; and
(C) does not include net interest.
SEC. 3. PURPOSE.
The purpose of this Act is to reduce outlays flowing from direct
spending such that--
(1) total spending for each fiscal year is not more than
total revenues for the fiscal year; and
(2) outlays flowing from direct spending are not more than
50 percent of total spending.
SEC. 4. ESTABLISHMENT OF MANDATORY BUREAUCRATIC REALIGNMENT AND
CONSOLIDATION COMMISSION.
(a) Establishment.--There is established in the legislative branch
a commission to be known as the ``Mandatory Bureaucratic Realignment
and Consolidation Commission''.
(b) Duties.--
(1) In general.--The Commission--
(A) shall review all direct spending by the Federal
Government to--
(i) identify changes in law (which may
include ways to streamline functions and
increase efficiency within agencies or
programs) that will reduce outlays flowing from
the direct spending;
(ii) identify the goals of each direct
spending program;
(iii) determine whether there are effective
methods to measure the outcomes of each direct
spending program;
(iv) evaluate the usefulness of each direct
spending program;
(v) evaluate whether each direct spending
program could be consolidated with another
direct spending program, or a program subject
to the availability of discretionary
appropriations, with similar goals and make
recommendations for consolidating the spending
programs that are identified;
(vi) evaluate the potential benefits of
eliminating any direct spending program that
does not have proven beneficial outcomes or
usefulness and make recommendations regarding
eliminating direct spending programs that are
identified;
(vii) identify opportunities and make
recommendations regarding ways for the Federal
Government to reduce the cost or increase the
efficiency of direct spending programs by
contracting with private entities, or
delegating authority to States, to perform
activities relating to the program;
(viii) identify direct spending programs
and entitlement authorities that should be
modified to be carried out subject to the
availability of discretionary appropriations;
and
(ix) identify other ways to achieve the
requirements described in paragraph (3)(B), as
determined by the Commission; and
(B) may review the offsetting receipts and
discretionary appropriations of the Federal Government,
as determined appropriate by the Commission.
(2) Consultation and working groups.--
(A) In general.--In carrying out the review under
paragraph (1)(A), the Commission shall--
(i) consult with experts in company
restructuring, reorganizing, and cost cutting;
and
(ii) establish working groups for direct
spending programs, as determined appropriate by
the Commission, to provide recommendations to
the Commission.
(B) Members of working groups.--The individuals
serving on a working group established under
subparagraph (A)(ii) shall be employees or contractors
of the Commission with expertise in a program reviewed
by the working group.
(3) Reporting and proposed legislation.--
(A) In general.--The Commission--
(i) shall identify changes in law that will
result in the reduction of outlays that will
achieve the requirements described in
subparagraph (B);
(ii) not later than 6 months after the date
on which all members of the Commission are
appointed, and upon an affirmative vote of a
majority of the members of the Commission,
shall submit to Congress and make publicly
available a report containing--
(I) a detailed statement of the
findings, conclusions, and
recommendations of the Commission;
(II) the assumptions, scenarios,
and alternatives considered in reaching
such findings, conclusions, and
recommendations; and
(III) proposed legislative language
to carry out the changes in law
identified under clause (i); and
(iii) may include in the proposed
legislative language submitted under clause
(ii)(III) changes in law that reduce outlays
such that the requirements under subparagraph
(B) are exceeded.
(B) Requirements.--The requirements under this
subparagraph are that, according to the most recent
budget estimates by the Congressional Budget Office as
of the date on which the recommendations of the
Commission are issued, outlays flowing from direct
spending are reduced such that--
(i) total spending is gradually reduced
during the period of fiscal years 2018 through
2027;
(ii) not later than the start of fiscal
year 2027, and for each fiscal year thereafter,
total spending is not more than total revenues;
and
(iii) not later than the start of fiscal
year 2027, and for each fiscal year thereafter,
outlays flowing from direct spending are not
more than 50 percent of total spending.
(c) Membership.--
(1) In general.--The Commission shall be composed of 12
members, appointed as follows:
(A) The President shall appoint 2 members.
(B) The majority leader of the Senate shall appoint
2 members.
(C) The minority leader of the Senate shall appoint
2 members.
(D) The Speaker of the House of Representatives
shall appoint 2 members.
(E) The minority leader of the House of
Representatives shall appoint 2 members.
(F) The majority leader of the Senate or the
minority leader of the Senate shall appoint 2 members,
as necessary for there to be an equal number of
appointments of members of the Commission made by
members of each of the 2 major political parties.
(2) Disqualifications.--An individual may not be appointed
as a member of the Commission if the individual--
(A) was an officer or employee of any establishment
in the Federal Government at any time during the 5-year
period ending on the date of the appointment; or
(B) was registered as a lobbyist under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) at any
time during the 5-year period ending on the date of the
appointment.
(3) Chairperson.--The members of the Commission shall
select a Chairperson from among the members of the Commission.
(4) Date.--Not later than 1 month after the date of
enactment of this Act, all members of the Commission shall be
appointed.
(5) Period of designation.--Members shall be appointed for
the life of the Commission. Any vacancy in the Commission shall
not affect its powers, but shall be filled not later than 14
days after the date on which the vacancy occurs in the same
manner as the original appointment.
(6) Compensation.--
(A) In general.--Each member of the Commission
shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for a position at level III of the Executive Schedule
under section 5314 of title 5, United States Code, for
each day (including travel time) during which such
member is engaged in the performance of the duties of
the Commission.
(B) Travel expenses.--Members may be allowed travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5,
United States Code, while away from their homes or
regular places of business in performance of services
for the Commission.
(d) Powers of the Commission.--
(1) Hearings.--The Commission may, for the purpose of
carrying out this Act--
(A) hold such hearings, sit and act at such times
and places, take such testimony, receive such evidence,
and administer such oaths as the Commission considers
advisable to carry out its duties; and
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, documents, tapes, and materials as
the Commission considers advisable to carry out its
duties.
(2) Information from federal agencies.--The Commission may
request directly, or require, by subpoena or otherwise, from
any Federal agency such information as the Commission considers
necessary to carry out its duties. Upon a request of the
Chairperson of the Commission, the head of a Federal agency
shall furnish such information to the Commission.
(3) Issuance and enforcement of subpoenas.--
(A) Issuance.--Subpoenas issued under paragraph (1)
or (2) 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.
(B) Enforcement.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)
or (2), 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.
(4) Witness allowances and fees.--Section 1821 of title 28,
United States Code, shall apply to witnesses requested or
subpoenaed to appear at any hearing of the Commission. The per
diem and mileage allowances for witnesses shall be paid from
funds available to pay the expenses of the Commission.
(5) Information from the congressional budget office.--The
Commission may secure directly from the Congressional Budget
Office such information, including estimates and analysis, as
the Commission considers advisable to carry out its duties.
Upon request of the Chairperson of the Commission, the Director
of the Congressional Budget Office shall furnish such
information, including estimates and analysis, to the
Commission.
(e) Staff of the Commission.--
(1) Appointment and compensation of staff.--The Chairperson
may appoint and fix the compensation of a staff director and
such other employees 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, but at rates not to
exceed the annual rate of basic pay prescribed for a position
at level V of the Executive Schedule under section 5316 of
title 5 of the United States Code.
(2) Agency assistance.--Upon the request of the
Chairperson, the head of any agency may detail an employee of
the agency to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service
status or privilege.
(f) Consultant, Temporary, and Intermittent Services.--The
Chairperson of the Commission is authorized to procure the services of
experts and consultants and temporary and intermittent services in
accordance with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a position
at level V of the Executive Schedule under section 5316 of title 5,
United States Code, for each day during which such consultant or expert
is engaged in the performance of the duties of the Commission.
(g) Termination.--The Commission shall terminate on the day after
the earlier of--
(1) the date on which the Commission bill is enacted into
law; or
(2) the date on which the period during which Congress may
consider the Commission bill (including the consideration of
any veto message) expires under section 5.
(h) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
SEC. 5. EXPEDITED PROCEDURES.
(a) Introduction.--The proposed legislative language recommended by
the Commission under section 4(b)(3)--
(1) shall be introduced in the Senate (by request), with
any technical changes necessary to carry out the intent of the
proposed legislative language, by the majority leader of the
Senate or by a Member of the Senate designated by the majority
leader of the Senate not later than 10 legislative days after
the date on which the proposed legislation is submitted to
Congress; and
(2) shall be introduced in the House of Representatives (by
request), with any technical changes necessary to carry out the
intent of the proposed legislative language, by the Speaker of
the House of Representatives or by a Member of the House of
Representatives designated by the Speaker of the House of
Representatives not later than 10 legislative days after the
date on which the proposed legislation is submitted to
Congress.
(b) Expedited Consideration in House of Representatives.--
(1) Placement on calendar.--Upon introduction in the House
of Representatives, the Commission bill shall be placed
immediately on the appropriate calendar.
(2) Proceeding to consideration.--
(A) In general.--It shall be in order, not later
than 60 legislative days after the date the Commission
bill is introduced in the House of Representatives, to
move to proceed to consider the Commission bill in the
House of Representatives.
(B) Procedure.--For a motion to proceed to consider
the Commission bill--
(i) all points of order against the motion
are waived;
(ii) such a motion shall not be in order
after the House of Representatives has disposed
of a motion to proceed on the Commission bill;
(iii) the previous question shall be
considered as ordered on the motion to its
adoption without intervening motion;
(iv) the motion shall not be debatable; and
(v) a motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
(3) Consideration.--If the House of Representatives
proceeds to consideration of the Commission bill--
(A) the Commission bill shall be considered as
read;
(B) all points of order against the Commission bill
and against its consideration are waived;
(C) the previous question shall be considered as
ordered on the Commission bill to its passage without
intervening motion except 10 hours of debate equally
divided and controlled by the proponent and an
opponent;
(D) an amendment to the Commission bill shall not
be in order; and
(E) a motion to reconsider the vote on passage of
the Commission bill shall not be in order.
(4) Vote on passage.--In the House of Representatives, the
Commission bill shall be agreed to upon a vote of a majority of
the Members present and voting, a quorum being present.
(c) Expedited Consideration in Senate.--
(1) Placement on calendar.--Upon introduction in the
Senate, the Commission bill shall be placed immediately on the
calendar.
(2) Proceeding to consideration.--
(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later
than 60 legislative days after the date the Commission
bill is introduced in the Senate (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
Commission bill.
(B) Procedure.--For a motion to proceed to the
consideration of the Commission bill--
(i) all points of order against the motion
are waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion
to postpone;
(iv) a motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order; and
(v) if the motion is agreed to, the
Commission bill shall remain the unfinished
business until disposed of.
(3) Floor consideration.--
(A) In general.--If the Senate proceeds to
consideration of the Commission bill--
(i) all points of order against the
Commission bill (and against consideration of
the Commission bill) are waived;
(ii) consideration of the Commission bill,
and all debatable motions and appeals in
connection therewith, shall be limited to not
more than 30 hours, which shall be divided
equally between the majority and minority
leaders or their designees;
(iii) a motion further to limit debate is
in order and not debatable;
(iv) an amendment to, a motion to postpone,
or a motion to commit the Commission bill is
not in order; and
(v) a motion to proceed to the
consideration of other business is not in
order.
(B) Vote on passage.--In the Senate--
(i) the vote on passage shall occur
immediately following the conclusion of the
consideration of the Commission bill, and a
single quorum call at the conclusion of the
debate if requested in accordance with the
rules of the Senate; and
(ii) the Commission bill shall be agreed to
upon a vote of a majority of the Members
present and voting, a quorum being present.
(C) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of this subsection or the rules of the
Senate, as the case may be, to the procedure relating
to the Commission bill shall be decided without debate.
(d) Rules Relating to Senate and House of Representatives.--
(1) Coordination with action by other house.--If, before
the passage by one House of the Commission bill of that House,
that House receives from the other House the Commission bill--
(A) the Commission bill of the other House shall
not be referred to a committee; and
(B) with respect to the Commission bill of the
House receiving the resolution--
(i) the procedure in that House shall be
the same as if no Commission bill had been
received from the other House; and
(ii) the vote on passage shall be on the
Commission bill of the other House.
(2) Treatment of commission bill of other house.--If one
House fails to introduce or consider the Commission bill under
this section, the Commission bill of the other House shall be
entitled to expedited floor procedures under this section.
(3) Treatment of companion measures.--If, following passage
of the Commission bill in the Senate, the Senate receives the
companion measure from the House of Representatives, the
companion measure shall not be debatable.
(4) Vetoes.--If the President vetoes the Commission bill,
consideration of a veto message in the Senate under this
section shall be not more than 10 hours equally divided between
the majority and minority leaders or their designees.
(e) Rules of House of Representatives and Senate.--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 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 the Commission bill, and supersede
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. 6. GROWTH LIMITATIONS IN SPENDING IF SAVINGS ARE NOT ENACTED.
(a) Determination.--Not later than November 1, 2017, and November 1
of every fiscal year thereafter, the Office of Management and Budget
shall determine whether total spending for the previous fiscal year was
more than total revenues for the previous fiscal year.
(b) Failure To Enact Savings.--Except as provided in subsection
(d), if the Commission bill to achieve the requirements described in
section 4(b)(3)(B) is not enacted, notwithstanding section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901a), effective on the first October 1 occurring after consideration
of the Commission bill in the Senate and the House of Representatives,
and October 1 of every fiscal year thereafter, the President shall
limit the annual growth in outlays by ordering a sequestration,
effective upon issuance, that ensures projected total spending for the
fiscal year is not more than 3 percent greater than total spending for
the previous fiscal year by reducing each nonexempt account by the
uniform percentage necessary, unless--
(1) the Office of Management and Budget determines that, as
a result of reductions in budgetary resources under this
subsection, total spending for the previous fiscal year was not
more than total revenues for the previous fiscal year; or
(2) changes in law have been enacted that will achieve the
requirements described in section 4(b)(3)(B).
(c) Implementation.--
(1) In general.--Except as provided in paragraph (2), each
sequestration under subsection (b) shall be implemented in
accordance with the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.).
(2) No exemptions, other than payments on interest, or
maximum reductions.--Subsections (a), (b), and (d) through (k)
of section 255 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 905) and subsections (d)(2) and
(e) of section 256 of such Act (2 U.S.C. 906) shall not apply
to the sequestration under subsection (b).
(d) Waiver.--
(1) In general.--A sequestration required to be ordered
under subsection (b) for a fiscal year shall not be implemented
if a bill or joint resolution is enacted, upon an affirmative
vote of two-thirds of the Members of each House of Congress,
waiving subsection (b) for such fiscal year.
(2) Single fiscal year.--A bill or joint resolution
described in paragraph (1) may only waive subsection (b) for a
single fiscal year.
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