,,ii #aaeth ,,congress #ast ,session ,s4 #aehc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ai1 #bjag,mr4 ,paul 7for himself1 ,mr4 ,enzi1 ,mr4 ,lee1 and ,mr4 ,strange7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to limit the period of authorization of new budget authority provided in appropriation ,acts1 to require analysis1 appraisal1 and evaluation of existing programs for which continued new budget authority is proposed to be authorized by committees of ,congress1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,legislative ,performance ,review ,act of #bjag4 #b4 ,definitions ,for purposes of this ,act-- 7#a7 the term agency has the meaning given the term ,executive agency under section #aje of title #e1 ,united ,states ,code2 7#b7 the term appropriation ,act means an ,act referred to in section #aje of title #a1 ,united ,states ,code2 7#c7 the term authorization means an ,act authorizing new budget authority to be provided in appropriation ,acts2 7#d7 the term new budget authority means budget authority 7as defined in section #c7b77;,a7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fbb7b77;,a777 which is provided in an appropriation ,act2 and 7#e7 the term program means any activities or purposes for which there is a separate authorization of new budget authority4 #c4 ,bills and resolutions subject to point of order 7a7 ,in general ,it shall not be in order in either the ,senate or the ,house of ,representatives to consider-- 7#a7 any bill or resolution which authorizes the enactment of new budget authority for a period of more than #d fiscal years1 except as provided in section #d2 or 7#b7 any bill or resolution which authorizes the enactment of an unlimited amount of new budget authority for any purpose or purposes4 7b7 ,point of order ,in the ,senate1 a point of order under this section may be raised by a ,senator as provided in section #cac7;e7 of the ,congressional ,budget ,act of #aigd4 ,a point of order under this section may be waived in accordance with the procedures under section #cac7;e7 of the ,congressional ,budget ,act of #aigd upon an affirmative vote of three-fifths of the ,members duly chosen and sworn4 7c7 ,conference reports ,when the ,senate is considering a conference report on1 or an amendment between the ,houses in relation to1 a bill or joint resolution1 upon a point of order being made by any ,senator pursuant to subsection 7b71 and such point of order being sustained1 such material contained in such conference report or ,house amendment shall be stricken1 and the ,senate shall proceed to consider the question of whether the ,senate shall recede from its amendment and concur with a further amendment1 or concur in the ,house amendment with a further amendment1 as the case may be1 which further amendment shall consist of only that portion of the conference report or ,house amendment1 as the case may be1 not so stricken4 ,any such motion in the ,senate shall be debatable4 ,in any case in which such point of order is sustained against a conference report 7or ,senate amendment derived from such conference report by operation of this paragraph71 no further amendment shall be in order4 #d4 ,waiver of time limit on authorizations 7a7 ,in the ,senate 7#a7 ,committee ,consideration ,if any committee of the ,senate determines that an authorization the enactment of new budget authority for a period of more than #d fiscal years is necessary to accomplish the purposes for which the authorization is made1 the committee may report a bill or resolution containing an authorization for such longer period4 ,at the same time or later1 the committee shall report a resolution to the ,senate providing for a waiver of the #d-;fiscal-year limit contained in section #c7;a77#a7 7in this subsection referred to as a waiver resolution7 and stating the reasons why such a waiver is necessary4 ,the resolution shall be referred to the ,committee on the ,budget of the ,senate4 7#b7 ,reporting ,the ,committee on the ,budget of the ,senate may not amend a waiver resolution1 may order the waiver resolution reported favorably1 unfavorably1 or without recommendation1 as it relates to the effect of the waiver on the ability of the ,committee on the ,budget of the ,senate to execute its duties under section #gjc7;a77#c7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fbc7;a77#c771 and shall report a waiver resolution referred under paragraph 7#a7 to the ,senate not later than #aj days after the waiver resolution is referred to the committee 7not counting any day on which the ,senate is not in session7 beginning with the day following the day on which the waiver resolution is so referred1 accompanied by the committee's recommendations and reasons for the recommendations with respect to the waiver resolution4 ,if the ,committee on the ,budget of the ,senate does not report a waiver resolution within the #aj-;day period under this paragraph1 the committee shall automatically be discharged from further consideration of the waiver resolution and the waiver resolution shall be placed on the calendar4 7#c7 ,debate restrictions ,during the consideration of any waiver resolution1 debate shall be limited to #a hour1 to be equally divided between1 and controlled by1 the majority leader and minority leader or their designees1 and the time on any debatable motion or appeal shall be limited to #bj minutes1 to be equally divided between1 and controlled by the mover and the manager of the waiver resolution4 ,in the event the manager of the waiver resolution is in favor of any such motion or appeal1 the time in opposition shall be controlled by the minority leader or a designee4 ,the leaders1 or either of them1 may1 from the time under their control on the passage of the waiver resolution1 allot additional time to any ,senator during the consideration of the debatable motion or appeal4 7#d7 ,voting ,if a waiver resolution is agreed to by the ,senate1 section #c7;a77#a7 shall not apply with respect to the bill or resolution to which the waiver resolution relates4 7#e7 ,oversight hearing ,whenever any bill or resolution is reported by a committee under paragraph 7#a71 the report accompanying the bill or resolution shall contain a schedule of oversight hearings by the committee to determine progress being made toward the intended objectives of the program for which the authorization is being made4 7b7 ,in the ,house of ,representatives 7#a7 ,committee ,consideration ,if any committee of the ,house of ,representatives determines that an authorization the enactment of new budget authority for a period of more than #d fiscal years is necessary to accomplish the purposes for which the authorization is made1 the committee may report a bill or resolution containing an authorization for such longer period4 ,at the same time or later1 the committee shall report a resolution to the ,house of ,representatives providing for a waiver of the #d-;fiscal-year limit contained in section #c7;a77#a7 7in this subsection referred to as a waiver resolution7 and stating the reasons why such a waiver is necessary4 ,the resolution shall be referred to the ,committee on the ,budget of the ,house of ,representatives4 7#b7 ,reporting ,the ,committee on the ,budget of the ,house of ,representatives may not amend a waiver resolution1 may order the waiver resolution reported favorably1 unfavorably1 or without recommendation1 as it relates to the effect of the waiver on the ability of the ,committee on the ,budget of the ,house of ,representatives to execute its duties under section #gjc7;a77#c7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fbc7;a77#c771 and shall report a waiver resolution referred under paragraph 7#a7 to the ,house of ,representatives not later than #aj days after the waiver resolution is referred to the committee 7not counting any day on which the ,house of ,representatives is not in session7 beginning with the day following the day on which the waiver resolution is so referred1 accompanied by the committee's recommendations and reasons for the recommendations with respect to the waiver resolution4 ,if the ,committee on the ,budget of the ,house of ,representatives does not report a waiver resolution within the #aj-;day period under this paragraph1 the committee shall automatically be discharged from further consideration of the waiver resolution and the waiver resolution shall be placed on the calendar4 7#c7 ,debate restrictions ,during the consideration of any waiver resolution1 debate shall be limited to #a hour1 to be equally divided between1 and controlled by1 the ,speaker of the ,house of ,representatives and minority leader of the ,house of ,representatives or their designees1 and the time on any debatable motion or appeal shall be limited to #bj minutes1 to be equally divided between1 and controlled by the mover and the manager of the waiver resolution4 ,in the event the manager of the waiver resolution is in favor of any such motion or appeal1 the time in opposition shall be controlled by the minority leader or a designee4 ,the leaders1 or either of them1 may1 from the time under their control on the passage of the waiver resolution1 allot additional time to any ,representative during the consideration of the debatable motion or appeal4 7#d7 ,voting ,if a waiver resolution is agreed to by the ,house of ,representatives1 section #c7;a77#a7 shall not apply with respect to the bill or resolution to which the waiver resolution relates4 7#e7 ,oversight hearing ,whenever any bill or resolution is reported by a committee under paragraph 7#a71 the report accompanying the bill or resolution shall contain a schedule of oversight hearings by the committee to determine progress being made toward the intended objectives of the program for which the authorization is being made4 #e4 ,analysis1 appraisal1 and evaluation of existing programs 7a7 ,in general ,no committee of the ,senate or the ,house of ,representatives may report a bill or resolution authorizing the enactment of new budget authority for a program for which an authorization of new budget authority has previously been enacted until the committee has conducted an analysis1 appraisal1 and evaluation of the program for which continued new budget authority is proposed to be authorized4 ,if the authorization of the enactment of new budget authority for any program is enacted for a period of less than #d fiscal years1 the analysis1 appraisal1 and evaluation of that program required by this section is only required before reporting legislation that would extend the authorization of the enactment of new budget authority for the fifth fiscal year commencing after the effective date of this ,act and every #d years thereafter4 7b7 ,committee report ,the results of the analysis1 appraisal1 and evaluation under subsection 7a7 shall be included in the committee report on the bill or resolution4 7c7 ,agency report ,whenever a committee of the ,senate or the ,house of ,representatives is conducting an analysis1 appraisal1 and evaluation of a program1 the head of the agency which administers the program1 or any part thereof1 shall submit to the committee1 upon request of the chairman or ranking member of the committee1 an analysis1 appraisal1 and evaluation of the program4 7d7 ,joint hearing ,the committees of the ,senate and the ,house of ,representatives having jurisdiction of a program may conduct jointly the analysis1 appraisal1 and evaluation required by this section and may conduct joint hearings4 7e7 ,committee report 7#a7 ,in general ,the report of a committee on the analysis1 appraisal1 and evaluation of a program shall be sufficiently complete to permit a determination as to whether the program should be terminated1 modified1 or continued without change1 and shall include-- 7,a7 an identification of the objectives intended for the program and the problem or need which the program was intended to address2 7,b7 whether the program objectives are still relevant2 7,c7 whether the program has adhered to the original and intended purpose2 7,d7 whether the program has made any substantial progress toward meeting the objectives originally intended2 7,e7 the impact of the program on the economy2 7,f7 the feasibility of alternative programs and methods1 including tax expenditures1 for meeting the objectives of the program under consideration and their cost effectiveness2 7,g7 the relation of all other ,government and private programs dealing with the objectives of the program under consideration1 including tax expenditure programs2 7,h7 an examination of proposed legislation pending in either ,house seeking to achieve the same or related objectives2 and 7,i7 whether the program should be extended and the further benefits that may be achieved thereby1 including-- 7i7 an identification of the objectives intended for the program and the problem or the need that the program is intended to address2 7ii7 an assessment of the consequences of eliminating the program1 of consolidating it with another program1 or of funding it at a lower level2 and 7iii7 an analysis of the services and performance estimated to be achieved if the program were continued1 including an estimate of when1 and the conditions under which1 the program will have fulfilled the objectives for which the program was established4 7#b7 ,sources of information ,in preparing a report under paragraph 7#a71 a committee shall evaluate-- 7,a7 information in reports1 plans1 goals1 and progress reviews required under sections #cjf and #aaae through #aabe of title #ca1 ,united ,states ,code2 7,b7 information in reports by the ,comptroller ,general of the ,united ,states1 including the annual report by the ,comptroller ,general regarding opportunities to reduce duplication1 overlap1 and fragmentation1 achieve savings1 and enhance revenue2 and 7,c7 other information determined appropriate by the committee4 7#c7 ,point of order 7,a7 ,in general ,it shall not be in order in either the ,senate or the ,house of ,representatives to consider a bill or resolution authorizing the enactment of new budget authority for a program for which an authorization of new budget authority has previously been enacted unless the bill or resolution is accompanied by a report described in paragraph 7#a74 7,b7 ,waiver of point of order ,in the ,senate1 a point of order raised under this paragraph may be waived upon an affirmative vote of three-fifths of the ,members duly chosen and sworn and debate on all motions to waive #a or more points of order under this paragraph as to a bill or resolution shall be debatable for a total of not more than #a hour1 equally divided between the ,senator raising the point of order and the ,senator moving to waive the point of order or their designees4 7f7 ,combined report ,for the purposes of making the analysis1 appraisal1 and evaluation required by this section1 a committee may combine related programs and may issue #a report on all such combined programs4 #f4 ,authorization for new programs ,whenever any committee of the ,senate or the ,house of ,representatives reports legislation authorizing the enactment of new budget authority for a program for which there has previously been no authorization1 the committee shall include in the report accompanying the legislation-- 7#a7 an identification of the objectives and purposes of the new program and the problems or needs that the new program is intended to address2 7#b7 a description of other programs which seek to accomplish the same general purpose or purposes2 7#c7 whether the program will conflict with1 overlap1 or duplicate any existing programs and1 if the program will conflict with1 overlap1 or duplicate an existing program1 a discussion of how the program will work with the existing program2 7#d7 how the program will operate with existing programs to promote the common objective or objectives of all similar programs2 7#e7 the consequences of failing to achieve the purposes of the new program2 7#f7 what other alternatives1 including tax expenditures and private resources1 were considered as alternatives and why the alternatives were not recommended2 7#g7 what changes were considered in existing programs to coordinate the programs with the new program and the reasons for changing or not changing existing programs2 7#h7 a projection of the anticipated needs for and accomplishments of the program1 including an estimate of when1 and the condition under which1 the program will have fulfilled the objectives for which the program was established2 and 7#i7 a statement of the constitutional authority pursuant to which the bill or joint resolution is to be enacted4 #g4 ,conference reports on authorization bills ,the joint explanatory statement accompanying a conference report on any bill or resolution authorizing the enactment of new budget authority for any program in connection with which an analysis1 appraisal1 and evaluation has been conducted under section #e or #f shall include an analysis of the objectives intended for the program and the problems or needs which the program is intended to address1 based on the bill or resolution as recommended in the conference report4 #h4 ,phaseout of existing programs 7a7 ,in general ,if a continued authorization of the enactment of new budget authority for a program has been adopted by the ,senate or the ,house of ,representatives1 and has not become law as of the date on which the authorization in effect expires 7unless the failure to become law has been due to a rejection of a proposed authorization by the other ,house71 there is authorized to be enacted for the program-- 7#a7 for the first fiscal year following the expiration of the previous authorization1 #hj percent of the amount appropriated to carry out the program in the previous fiscal year2 and 7#b7 for the second fiscal year following such expiration1 #fj percent of the amount appropriated to carry out the program in the previous fiscal year4 7b7 ,new authorization ,if at any time following the expiration of an authorization of the enactment of new budget authority for a program a new authorization for the program is provided by law1 then the new authorization shall replace the authorization provided in subsection 7a74 7c7 ,repeal of authorization ,if a program for which an authorization of the enactment of new budget authority has previously been made is repealed1 subsection 7a7 shall not apply to the program4 7d7 ,programs without an authorization ,for any program for which no new budget authority is authorized to be enacted for a fiscal year 7including an authorization under subsection 7a771 the head of the agency carrying out the program shall develop and implement a plan to provide for-- 7#a7 the transfer or other disposition of the records1 property1 and personnel affected by the termination of the program2 7#b7 the transfer of such unexpended balances of appropriations1 and of other funds1 available for use in connection with the program2 and 7#c7 terminating the activities under the program4 #i4 ,termination of certain existing authorizations 7a7 ,in general ,it shall not be in order in either the ,senate or the ,house of ,representatives to consider a bill1 resolution1 amendment1 or conference report making appropriations for a fiscal year which begins #e years after the effective date of this ,act if the appropriation is made pursuant to a law1 in effect on the effective date of this ,act1 authorizing new budget authority for a period of more than #d fiscal years or for an unspecified number of fiscal years4 7b7 ,waiver of point of order ,in the ,senate1 a point of order raised under this section may be waived upon an affirmative vote of three-fifths of the ,members duly chosen and sworn4 7c7 ,point of order sustained 7#a7 ,in general ,except as provided in paragraph 7#b71 if a point of order under this section is sustained1 the matter as to which the point of order is raised shall be stricken4 7#b7 ,conference reports ,when a ,house of ,congress is considering a conference report or an amendment between the ,houses1 upon a point of order under this section being sustained as to matter in the conference report or amendment1 such material shall be deemed stricken1 and the ,house of ,congress shall proceed to consider the question of whether the ,house shall recede from its amendment and concur with a further amendment1 or concur in the amendment of the other ,house of ,congress with a further amendment1 as the case may be1 which further amendment shall consist of only that portion of the conference report or amendment1 as the case may be1 not so stricken4 ,in any case in which such point of order is sustained against a conference report 7or proposed amendment derived from such conference report by operation of this paragraph71 no further amendment shall be in order4 #aj4 ,lack of authorization 7a7 ,in general ,it shall not be in order in either the ,senate or the ,house of ,representatives to consider a bill or resolution making appropriations for a program for the first fiscal year beginning more than #a year after the date of enactment of this ,act or any fiscal year thereafter if the appropriation is not made pursuant to a law in effect authorizing new budget authority for the program4 7b7 ,point of order ,in the ,senate1 a point of order under this section may be raised by a ,senator as provided in section #cac7;e7 of the ,congressional ,budget ,act of #aigd4 ,a point of order under this section may be waived in accordance with the procedures under section #cac7;e7 of the ,congressional ,budget ,act of #aigd upon an affirmative vote of three-fifths of the ,members duly chosen and sworn4 7c7 ,conference reports ,when the ,senate is considering a conference report on1 or an amendment between the ,houses in relation to1 a bill or joint resolution1 upon a point of order being made by any ,senator pursuant to subsection 7b71 and such point of order being sustained1 such material contained in such conference report or ,house amendment shall be stricken1 and the ,senate shall proceed to consider the question of whether the ,senate shall recede from its amendment and concur with a further amendment1 or concur in the ,house amendment with a further amendment1 as the case may be1 which further amendment shall consist of only that portion of the conference report or ,house amendment1 as the case may be1 not so stricken4 ,any such motion in the ,senate shall be debatable4 ,in any case in which such point of order is sustained against a conference report 7or ,senate amendment derived from such conference report by operation of this paragraph71 no further amendment shall be in order4 #aa4 ,reports on proposed implementation 7a7 ,in the ,senate 7#a7 ,in general ,not later than #a year after the effective date of this ,act1 each committee of the ,senate shall file with the ,senate a report-- 7,a7 indicating the schedule1 procedure1 and content of the analysis1 appraisal1 and evaluation that the committee intends to use to implement this ,act1 with particular emphasis on implementation of sections #e and #f2 and 7,b7 making any recommendations for how to implement procedures comparable to the procedures under this ,act for direct spending 7as defined under section #bej7;c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c77#h777 and tax expenditures 7as defined in section #c7c7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fbb7c7774 7#b7 ,referral ,each report under this subsection shall be referred to the ,committee on ,rules and ,administration of the ,senate which shall hold such hearings as the committee determines necessary4 ,following a review of the reports1 the ,committee on ,rules and ,administration of the ,senate may report to the ,senate changes in the ,standing ,rules of the ,senate to provide uniform standards for the implementation of this ,act and the requirements for the analysis1 appraisal1 and evaluation of programs4 7b7 ,in the ,house of ,representatives 7#a7 ,in general ,not later than #a year after the effective date of this ,act1 each committee of the ,house of ,representatives shall file with the ,house of ,representatives a report-- 7,a7 indicating the schedule1 procedure1 and content of the analysis1 appraisal1 and evaluation that the committee intends to use to implement this ,act2 and 7,b7 making any recommendations for how to implement procedures comparable to the procedures under this ,act for direct spending 7as defined under section #bej7;c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c77#h777 and tax expenditures 7as defined in section #c7c7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fbb7c7774 7#b7 ,referral ,each report under this subsection shall be referred to the ,committee on ,house ,administration of the ,house of ,representatives which shall hold such hearings as the committee determines necessary4 ,following a review of the reports1 the ,committee on ,house ,administration of the ,house of ,representatives may report to the ,house of ,representatives changes in the ,rules of the ,house of ,representatives to provide uniform standards for the implementation of this ,act and the requirements for the analysis1 appraisal1 and evaluation of programs4 #ab4 ,authorizations under implementation reports 7a7 ,covered program ,in this section1 the term covered program means a program for which-- 7#a7 the report of a committee of ,congress with jurisdiction of the program submitted under section #aa includes a schedule to enact a law authorizing the enactment of new budget authority for the program1 which may not be for a period of more than #d fiscal years2 7#b7 funds are appropriated during the fiscal year during which this ,act takes effect2 and 7#c7 an authorization of the enactment of new budget authority is not in effect4 7b7 ,authorization ,except as provided in subsection 7c71 for purposes of enforcing section #aj in relation to a covered program1 a law shall be deemed to be in effect authorizing the enactment of new budget authority for the covered program for each fiscal year for which a law authorizing the enactment of new budget authority is scheduled to be enacted under the schedule in the applicable report described in subsection 7a77#a74 7c7 ,exception ,subsection 7b7 shall not apply to a covered program if the schedule in the applicable report described in subsection 7a77#a7 specifies that-- 7#a7 the fourth fiscal year covered by the schedule will be the first fiscal year for which a law authorizing the enactment of new budget authority is scheduled to be enacted for more than #ej percent of the programs within the jurisdiction of the committee2 or 7#b7 less than #bj percent of the programs within the jurisdiction of the committee are scheduled for a law to be enacted authorizing the enactment of new budget authority during the first or second fiscal year covered by the schedule4 7d7 ,submission for the record ,not later than #e legislative days after the date on which a committee of the ,senate or the ,house of ,representatives submits a report under section #aa that includes a schedule to enact a law authorizing the enactment of new budget authority1 the ,chairman of the ,committee on ,rules and ,administration or the ,chairman of the ,committee on ,house ,administration of the ,house of ,representatives1 respectively1 shall submit the schedule for printing in the ,congressional ,record4 #ac4 ,referral of bills or resolutions modifying this act 7a7 ,referral in the ,senate ,in the ,senate1 any bill or joint resolution that modifies this ,act shall be referred to the ,committee on the ,budget of the ,senate and the ,committee on ,homeland ,security and ,governmental ,affairs4 7b7 ,referral in the ,house of ,representatives ,in the ,house of ,representatives1 any bill or joint resolution that modifies this ,act shall be referred to the ,committee on the ,budget of the ,house of ,representatives and the ,committee on ,oversight and ,government ,reform4 #ad4 ,assistance to ,senate and ,house committees 7a7 ,assistance from the comptroller general ,at the request of the chairman or ranking member of any committee of the ,senate or the ,house of ,representatives1 the ,comptroller ,general of the ,united ,states shall furnish to such committee information1 analyses1 and reports to assist the committee in carrying out the duties of the committee under this ,act4 7b7 ,assistance from the congressional budget office ,consistent with the discharge by the ,congressional ,budget ,office of the duties and functions of the ,congressional ,budget ,office under the ,congressional ,budget ,act of #aigd1 the ,director of the ,congressional ,budget ,office shall1 at the request of the chairman or ranking member of any committee of the ,senate or the ,house of ,representatives1 furnish to the committee information and analyses to assist the committee in carrying out the duties of the committee under this ,act4 7c7 ,assistance from the congressional research service ,at the request of the chairman or ranking member of any committee of the ,senate or ,house of ,representatives1 the ,director of the ,congressional ,research ,service shall furnish to the committee information1 analyses1 and reports to assist the committee in carrying out the duties of the committee under this ,act4 #ae4 ,effective date ,this ,act shall take effect on the first day of the first regular session of ,congress which begins after the date of enactment of this ,act4 #af4 ,rulemaking ,this section and sections #c1 #d1 #e1 #f1 #g1 #h1 #i1 #aj1 #aa1 #ab1 and #ac of this ,act are enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such they shall be considered as part of the rules of each ,house1 respectively1 or of that ,house to which they specifically apply2 and such rules shall supersede other rules only to the extent that they are inconsistent therewith2 and 7#b7 with full recognition of the constitutional right of either ,house to change such rules 7so far as relating to such ,house7 at any time1 in the same1 manner1 and to the same extent as in the case of any other rule of such ,house4