To reduce mandatory and discretionary spending in order to offset the cost of rebuilding the Gulf Region in the wake of Hurricane Katrina and Hurricane Rita.

October 27, 2005

Mr. ENSIGN (for himself, Mr. BROWNBACK, Mr. COBURN, Mr. DEMINT, Mr. GRAHAM, Mr. MCCAIN, Mr. SUNUNU, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

To reduce mandatory and discretionary spending in order to offset the cost of rebuilding the Gulf Region in the wake of Hurricane Katrina and Hurricane Rita.

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 `Spending Money Accountably to Rebuild After Tragedy Act' or the `SMART Act'.

TITLE I--CHANGES IN DISCRETIONARY SPENDING

SEC. 101. REDUCTION IN FY2006 DISCRETIONARY SPENDING.

(a) Across-the-Board Rescissions- There is hereby rescinded an amount equal to 5.00 percent of--

(1) the budget authority provided (or obligation limitation imposed) for fiscal year 2006 for each discretionary account in each fiscal year 2006 appropriations Act (except any fiscal year 2005 supplemental appropriation Act, the Department of Homeland Security Appropriations Act, 2006, and the Department of Defense Appropriations Act);

(2) the budget authority provided in any advance appropriation for fiscal year 2006 for any discretionary account in any prior fiscal year appropriations Act; and

(3) the contract authority provided in fiscal year 2006 for any program subject to limitation contained in this joint resolution.

(b) Proportionate Application- Any rescission made by subsection (a) shall be applied proportionately--

(1) to each discretionary account and each item of budget authority described in subsection (a); and

(2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).

(c) Exception- Notwithstanding subsection (a), the President of the United States, in consultation with the Chairman and Ranking Member of the applicable authorizing committees of the Congress, shall be permitted to except certain programs, projects and accounts, in whole or in part, from a rescission required pursuant to subsection (a), provided however, that such exceptions do not, in the aggregate, exceed an amount equal to 1.00 percent of the overall amount rescinded pursuant to subsection (a).

SEC. 102. NO COST OF LIVING ADJUSTMENTS IN THE STATUTORY PAY SYSTEM OF FEDERAL EMPLOYEES.

(a) In General- Notwithstanding any other provision of law, the adjustment in rates of basic pay for employees under the statutory pay systems under sections 5303 and 5304 of title 5, United States Code, shall not take effect during fiscal year 2006.

(b) Exception for Federal Law Enforcement Officers- Adjustments in the rates of basic pay for employees who are law enforcement officers (as defined under section 5541(3) of title 5, United States Code) shall take effect as though the adjustment in rates of basic pay for employees under the statutory pay systems under sections 5303 and 5304 of that title for fiscal year 2006 is an increase of 3.1 percent and such adjustments for law enforcement officers shall take effect as of the first day of the first applicable pay period beginning on or after January 1, 2006.

TITLE II--CHANGES IN MANDATORY SPENDING

SEC. 201. TWO-YEAR DELAY OF THE IMPLEMENTATION OF THE MEDICARE PART D PRESCRIPTION DRUG BENEFIT AND TWO-YEAR EXTENSION OF THE MEDICARE PRESCRIPTION DRUG DISCOUNT CARD AND TRANSITIONAL ASSISTANCE PROGRAM.

(a) Delay- --

(1) IN GENERAL- Except as provided in subsection (b), notwithstanding any other provision of law, the Secretary of Health and Human Services shall delay implementation of title I of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), and the amendments made by such title, for 2 years until January 1, 2008.

(2) APPLICABILITY- Except as provided in subsection (b), during the two-year delay described in paragraph (1), the Social Security Act shall be applied and administered as if such title I (and the amendments made by such title) had not been enacted.

(b) Extension-

(1) IN GENERAL- Except as provided in paragraph (2), notwithstanding any other provision of law, the Secretary of Health and Human Services shall continue to administer the Medicare prescription drug discount card and transitional assistance program under subpart 4 of part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-141), as added by section 101 of title I of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), during 2006 and 2007 under the terms and conditions that apply under such program during 2005.

(2) INCREASE IN AMOUNT OF TRANSITIONAL ASSISTANCE DURING EXTENSION PERIOD- In administering the Medicare prescription drug discount card and transitional assistance program during 2006 and 2007 pursuant to paragraph (1), the Secretary shall increase the amount of transitional assistance under section 1860D-31(g)(2)(A)(ii)(I) of the Social Security Act (42 U.S.C. 1395w-141(g)(2)(A)(ii)(I)) for each of 2006 and 2007 from $600 to $1,200.

SEC. 202. ACCELERATION OF INCOME-RELATED REDUCTION IN MEDICARE PART B PREMIUM SUBSIDY.

(a) Section 1839(i) of the Social Security Act (42 U.S.C. 1395r(i)) is amended as follows--

(1) in paragraph (1), by striking `2006' and inserting `2005';

(2) in paragraph (3)--

(A) in subparagraph (A)--

(i) in the matter preceding clause (i), by striking `Subject to subparagraph (B), the' and inserting `The'; and

(ii) in clause (i), by striking `subparagraph (C)' and inserting `subparagraph (B)';

(B) by striking subparagraph (B); and

(C) by redesignating subparagraph (C) as subparagraph (B);

(3) in paragraph (4)(B)(iii)(I), by striking `paragraph (3)(C)' and inserting `paragraph (3)(B)'; and

(4) in paragraph (5)(A)--

(A) in the matter preceding clause (i), by striking `2007' and inserting `2006'; and

(B) in clause (ii), by striking `2006' and inserting `2005'.

(b) The amendments made by subsection (a) shall take effect on the date of enactment of this Act.

SEC. 203. OFFSET FOR HURRICANE KATRINA DAMAGE FUNDING.

(a) Repeal- Section 1101(a)(16) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1144) (referred to in this section as `SAFETEA-LU'), authorizing funding for high priority projects under section 117 of title 23, United States Code, is repealed.

(b) Rescissions-

(1) HIGH PRIORITY PROJECTS- The unobligated balance of any funds authorized under section 1101 (a)(16) of SAFETEA-LU is rescinded.

(2) OTHER PROGRAMS- The unobligated balances of any funds authorized under SAFETEA-LU, or an amendment made by SAFETEA-LU, for the following programs are rescinded:

(A) The high priority projects designated under section 1702 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1144) and carried out using funds made available under section 1101(a)(16) of that Act.

(B) The set-asides designated under section 104(d)(2)(E) of title 23, United States Code.

(C) The set-asides designated under the highway bridge program under section 144(g) of title 23, United States Code.

(D) The designated projects under section 1301(m) of the SAFETEA-LU.

(E) The designated projects under section 1302(e) of the SAFETEA-LU.

(F) The designated projects under section 1306(d)(3) of SAFETEA-LU (23 U.S.C. 103 note; 119 Stat. 1144).

(G) The set-asides designated under section 1307(d) of SAFETEA-LU.

(H) The set-aside for designated projects that are part of the National Highway System established under the construction of ferry boats and ferry terminal facilities program under section 147(d) of title 23, United States Code.

(I) The pilot program under section 1807 of SAFETEA-LU (23 U.S.C. 217 note; 119 Stat. 1144).

(J) The demonstration projects under section 1907 of SAFETEA-LU.

(K) The designated projects under section 1934 of SAFETEA-LU.

(L) The Going-to-the-Sun Road program, Glacier Park, Montana, under section 1940 of the SAFETEA-LU.

(M) The Great Lakes ITS implementation program under section 1943 of the SAFETEA-LU.

(N) The transportation construction and remediation program, Ottawa County, Oklahoma, under section 1944 of the SAFETEA-LU.

(O) The traffic circle construction program, Clarendon, Vermont, under section 1957 of the SAFETEA-LU.

(P) The Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 119 Stat.1144).

(Q) The Interstate Route 95/Contee Road interchange study under section 1961 of the SAFETEA-LU.

(R) The multimodal facility improvements program for North Bay Ferry Service, Inc., at Port Sonora, Petaluma, California, under section 1962 of the SAFETEA-LU.

(S) The designated bus and bus related facility projects under section 3044 of SAFETEA-LU.

(c) Obligation Authority-

(1) REDUCTION OF OBLIGATION CEILING FOR FISCAL YEARS 2006 THROUGH 2009- Each obligation limitation established in paragraphs (2) through (5) of section 1102(a) of SAFETEA-LU is reduced by $2,699,424,000.

(2) RESCISSION OF UNUSED OBLIGATION LIMITATION FOR HIGH PRIORITY PROJECTS FOR FISCAL YEAR 2005- Any unused obligation limitation for fiscal year 2005 relating to a high priority project under SAFETEA-LU is rescinded.

(3) LEVEL OF OBLIGATION LIMITATIONS- Each obligation limitation established in paragraphs (2) through (5) of section 8003(a) of SAFETEA-LU is reduced by $2,699,424,000.

(d) Equity Bonus Formula- Notwithstanding any other provision of law, in allocating funds under the equity bonus program under section 105 of title 23, United States Code, the Secretary of Transportation shall make the required calculations as if subsections (a) and (b) had not been enacted.

TITLE III--MAKING GOVERNMENT MORE RESPONSIVE TO THE AMERICAN PUBLIC

SEC. 301. SHORT TITLE.

This title may be cited as the `Commission on the Accountability and Review of Federal Agencies Act'.

SEC. 302. ESTABLISHMENT OF COMMISSION.

(a) Establishment- There is established the Commission on the Accountability and Review of Federal Agencies (hereafter in this title referred to as the `Commission').

(b) Membership-

(1) IN GENERAL- The Commission shall consist of 12 members, of which, not later than 90 days after the date of enactment of this Act--

(A) 4 shall be appointed by the President;

(B) 2 shall be appointed by the Majority Leader of the Senate;

(C) 2 shall be appointed by the Minority Leader of the Senate;

(D) 2 shall be appointed by the Speaker of the House of Representatives; and

(E) 2 shall be appointed by the Minority Leader of the House of Representatives.

(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. 303. DUTIES OF THE COMMISSION.

(a) Definitions- In this section, the following definitions shall apply:

(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) PROGRAM- The term `program' means any activity or function of an agency.

(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 agencies or programs be realigned.

(2) WASTEFUL OR INEFFICIENT- The Commission may 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 50 percent 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) 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. 304. 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 title--

(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. 305. 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, 89A, 89B, 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. 306. TERMINATION OF THE COMMISSION.

The Commission shall terminate 90 days after the date on which the Commission submits the report under section 303(f).

SEC. 307. 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 303, without modification.

(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.

(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 303, 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 review and comment on such bill, may report such bill to the respective House, and may not amend such bill.

(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. 308. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for each of the fiscal years 2006 through 2008, such sums as may be necessary for carrying out this Act.

END