[Pages S2503-S2505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4396. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 3221, moving the United States toward greater 
energy independence and security, developing

[[Page S2504]]

innovative new technologies, reducing carbon emissions, creating green 
jobs, protecting consumers, increasing clean renewable energy 
production, and modernizing our energy infrastructure, and to amend the 
Internal Revenue Code of 1986 to provide tax incentives for the 
production of renewable energy and energy conservation; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

  TITLE VIII--COMMISSION ON HOUSING AND REGULATORY ACCOUNTABILITY AND 
                                 REVIEW

     SEC. 801. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' means--
       (A) the Department of Housing and Urban Development; and
       (B) the Department of the Treasury.
       (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.
       (3) Commission bill.--The term ``Commission bill'' means 
     only a bill which is introduced as provided under section 
     806, and contains the proposed legislation included in the 
     report submitted to Congress under section 803(a), without 
     modification.
       (4) Program.--The term ``program'' means any activity or 
     function of an agency.

     SEC. 802. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the Commission on 
     Housing and Regulatory Accountability and Review (referred to 
     in this title as the ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall consist of 15 
     members, of which, not later than 30 days after the date of 
     enactment of this Act--
       (A) 3 shall be appointed by the President;
       (B) 3 shall be appointed by the majority leader of the 
     Senate;
       (C) 3 shall be appointed by the minority leader of the 
     Senate;
       (D) 3 shall be appointed by the Speaker of the House of 
     Representatives; and
       (E) 3 shall be appointed by the minority leader of the 
     House of Representatives.
       (2) Cochairpersons.--The President shall designate 2 
     Cochairpersons from among the members of the Commission. The 
     Cochairpersons may not be affiliated with the same political 
     party.
       (c) Date.--Members of the Commission shall be appointed by 
     not later than 30 days after the date of enactment of this 
     Act.
       (d) 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.
       (e) 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 Cochairpersons or a majority of its members.
       (f) Quorum.--Eight members of the Commission shall 
     constitute a quorum for purposes of voting, but a quorum is 
     not required for members to meet and hold hearings.

     SEC. 803. DUTIES OF THE COMMISSION.

       (a) In General.--The Commission shall--
       (1) evaluate all agencies and programs within the 
     Department of Housing and Urban Development and the 
     Department of Treasury using the criteria under subsection 
     (c); and
       (2) not later than 18 months after the date of enactment of 
     this Act, submit to Congress with respect to the evaluation 
     under paragraph (1)--
       (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).
       (b) Relocation of Federal Employees.--The proposed 
     legislation under subsection (a) shall provide that if the 
     position of an employee of an agency is eliminated as a 
     result of the implementation of the plan under subsection 
     (a)(2), the affected agency shall make reasonable efforts to 
     relocate such employee to another position within the agency 
     or within another Federal agency (including Federal agencies 
     other than the Department of Housing and Urban Development 
     and the Department of the Treasury).
       (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 may 
     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.

     SEC. 804. POWERS OF THE COMMISSION.

       (a) Hearings.--Subject to subsection (d), the 
     Cochairpersons 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 the chairperson of the Commission 
     considers advisable;
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses as the chairperson 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.--
       (A) In general.--A subpoena may be issued under this 
     section only by--
       (i) the agreement of the Cochairpersons; or
       (ii) the affirmative vote of 8 members of the Commission.
       (B) Signature.--Subpoenas issued under this section may be 
     issued under the signature of both Cochairpersons of the 
     Commission and may be served by any person designated by the 
     Cochairpersons or by a member designated by a majority of the 
     Commission.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under this section, 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) Technical Assistance.--Upon the request of the 
     Commission, the head of a Federal agency shall provide such 
     technical assistance to the Commission as the Commission 
     determines to be necessary to carry out its duties.
       (d) Information.--
       (1) In general.--The Commission shall have reasonable 
     access to budgetary, performance or programmatic materials, 
     resources, statistical data, and other information the 
     Commission determines to be necessary to carry out its duties 
     from the Congressional Budget Office, and other agencies and 
     representatives of the executive and legislative branches of 
     the Federal Government. The Cochairpersons shall make 
     requests for such access in writing when necessary.
       (2) Receipt, handling, storage, and dissemination of 
     information.--Information shall only be received, handled, 
     stored, and disseminated by members of the Commission and its 
     staff consistent with all applicable statutes, regulations, 
     and Executive orders.
       (3) Limitation of access to personal tax information.--
     Information requested, subpoenaed, or otherwise accessed 
     under this title shall not include tax data from the United 
     States Internal Revenue Service, the release of which would 
     otherwise be in violation of law.
       (e) 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.

     SEC. 805. 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.--With the approval of the majority of the 
     Commission, the Cochairpersons of the Commission may, appoint 
     an executive director and such other additional personnel as 
     may be necessary to enable the Commission to perform its 
     duties.
       (2) Compensation.--Upon the approval of the Cochairpersons, 
     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.

[[Page S2505]]

       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement from the Commission, and such detail shall be 
     without interruption or loss of civil service status or 
     privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     With the approval of the majority of the Commission, the 
     chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 806. EXPEDITED CONSIDERATION OF REFORM PROPOSALS.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--The Commission bill language provisions 
     submitted pursuant to section 803(a) shall be introduced in 
     the Senate by the majority leader, or the majority leader's 
     designee, and in the House of Representatives, by the 
     Speaker, or the Speaker's designee. Upon such introduction, 
     the Commission bill shall be referred to the appropriate 
     committees of Congress under paragraph (2). If the Commission 
     bill is not introduced in accordance with the preceding 
     sentence, then any member of Congress may introduce the 
     Commission bill in their respective House of Congress 
     beginning on the date that is the 5th calendar day that such 
     House is in session following the date of the submission of 
     such aggregate legislative language provisions.
       (2) Committee consideration.--
       (A) Referral.--A Commission bill introduced under paragraph 
     (1) shall be referred to any appropriate committee of 
     jurisdiction in the Senate, any appropriate committee of 
     jurisdiction in the House of Representatives, the Committee 
     on the Budget of the Senate and the Committee on the Budget 
     of the House of Representatives. A committee to which a 
     Commission 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.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the Commission bill, each Committee of 
     Congress to which the Commission bill was referred shall 
     report the bill.
       (C) Discharge of committee.--If a committee to which is 
     referred a Commission bill has not reported such Commission 
     bill at the end of 30 calendar days after its introduction or 
     at the end of the first day after there has been reported to 
     the House involved a Commission bill, whichever is earlier, 
     such committee shall be deemed to be discharged from further 
     consideration of such Commission bill, and such Commission 
     bill shall be placed on the appropriate calendar of the House 
     involved.
       (b) Expedited Procedure.--
       (1) Consideration.--
       (A) In general.--Not later than 5 calendar days after the 
     date on which a committee has reported a Commission bill or 
     been discharged from consideration of a Commission bill, the 
     majority leader of the Senate, or the majority leader's 
     designee, or the Speaker of the House of Representatives, or 
     the Speaker's designee, shall move to proceed to the 
     consideration of the Commission bill. It shall also be in 
     order for any member of the Senate or the House of 
     Representatives, respectively, to move to proceed to the 
     consideration of the Commission bill at any time after the 
     conclusion of such 5-day period.
       (B) Motion to proceed.--A motion to proceed to the 
     consideration of a Commission bill 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 consideration of the Commission 
     bill. A motion to proceed to the consideration of other 
     business shall not be in order. A motion to reconsider the 
     vote by which the motion to proceed is agreed to or not 
     agreed to shall not be in order. If the motion to proceed is 
     agreed to, the Senate or the House of Representatives, as the 
     case may be, shall immediately proceed to consideration of 
     the Commission bill without intervening motion, order, or 
     other business, and the Commission bill shall remain the 
     unfinished business of the Senate or the House of 
     Representatives, as the case may be, until disposed of.
       (C) Limited debate.--Debate on the Commission 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 
     Commission bill. A motion further to limit debate on the 
     Commission bill is in order and is not debatable. All time 
     used for consideration of the Commission bill, including time 
     used for quorum calls (except quorum calls immediately 
     preceding a vote) and voting, shall come from the 10 hours of 
     debate.
       (D) Amendments.--No amendment to the Commission bill shall 
     be in order in the Senate and the House of Representatives.
       (E) Vote on final passage.--Immediately following the 
     conclusion of the debate on the Commission bill, the vote on 
     final passage of the Commission bill shall occur.
       (F) Other motions not in order.--A motion to postpone 
     consideration of the Commission bill, a motion to proceed to 
     the consideration of other business, or a motion to recommit 
     the Commission bill is not in order. A motion to reconsider 
     the vote by which the Commission bill is agreed to or not 
     agreed to is not in order.
       (2) Consideration by other house.--If, before the passage 
     by one House of the Commission bill that was introduced in 
     such House, such House receives from the other House a 
     Commission bill as passed by such other House--
       (A) the Commission bill of the other House shall not be 
     referred to a committee and may only be considered for final 
     passage in the House that receives it under subparagraph (C);
       (B) the procedure in the House in receipt of the Commission 
     bill of the other House, with respect to the Commission bill 
     that was introduced in the House in receipt of the Commission 
     bill of the other House, shall be the same as if no 
     Commission bill had been received from the other House; and
       (C) notwithstanding subparagraph (B), the vote on final 
     passage shall be on the Commission bill of the other House.
     Upon disposition of a Commission bill that is received by one 
     House from the other House, it shall no longer be in order to 
     consider the Commission bill that was introduced in the 
     receiving House.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be 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 a Commission bill, 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 they relate 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. 807. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits the final evaluation and plan 
     report under section 803.

     SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for carrying out this title for each of the fiscal 
     years 2008 through 2010.
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