H. R. 779
To establish the Grace Commission II to review and make recommendations
regarding cost control in the Federal Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 17, 2011
Mr. KINZINGER of Illinois (for himself, Mr. SHIMKUS, Mr. DOLD, Mr. SCHOCK,
Mr. HULTGREN, and Mr. JOHNSON of Illinois) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform, and
in addition to the Committee on Rules, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
To establish the Grace Commission II to review and make recommendations
regarding cost control in the Federal Government, and for other purposes.
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 Control Act of 2011'.
SEC. 2. ESTABLISHMENT.
There is established an independent commission to be known as the `Grace Commission
SEC. 3. DUTIES OF COMMISSION.
The duties of the Commission shall be--
(1) to conduct reviews in accordance with section 7; and
(2) to submit reports in accordance with section 8.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment-
(1) IN GENERAL- The Commission shall be composed of eight members appointed
by the President, by and with the advice and consent of the Senate.
(2) NOMINATIONS- Not later than 180 days after the date of the enactment
of this Act, the President shall transmit to the Senate nominations for
appointment to the Commission.
(3) CONSULTATION- In selecting individuals for nominations for appointments
to the Commission, the President shall consult with--
(A) the Speaker of the House of Representatives concerning the appointment
of three members;
(B) the majority leader of the Senate concerning the appointment of three
(C) the minority leader of the House of Representatives concerning the
appointment of one member; and
(D) the minority leader of the Senate concerning the appointment of one
(b) Terms- Each member shall be appointed for the life of the Commission.
(c) Vacancies- A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
(d) Chairman- The Chairman of the Commission shall be designated by the President
at the time of nomination of members of the Commission.
(A) IN GENERAL- Except as provided in paragraph (2), each member, other
than the Chairman, shall be paid at a rate equal to the daily equivalent
of the minimum annual rate of basic pay for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the actual
performance of duties vested in the Commission.
(B) CHAIRMAN- The Chairman shall be paid for each day referred to in subparagraph
(A) at a rate equal to the daily equivalent of the minimum annual rate
of basic pay payable for level III of the Executive Schedule under section
5314 of title 5, United States Code.
(C) TRAVEL EXPENSES- Each member shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United States Code.
(2) PROHIBITION OF COMPENSATION OF FEDERAL EMPLOYEES- Members of the Commission
who are full-time officers or employees of the United States or Members
of Congress may not receive additional pay, allowances, or benefits by reason
of their service on the Commission.
(f) Quorum- Five members of the Commission shall constitute a quorum but a
lesser number may hold hearings.
(g) Meetings- The Commission shall meet at the call of the Chairman.
SEC. 5. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS.
(a) Director- The Commission shall have a Director who shall be appointed
by the Commission. The Director shall be paid at the rate of basic pay for
level IV of the Executive Schedule under section 5315 of title 5, United States
(1) IN GENERAL- With the approval of the Commission, the Director may appoint
and fix the pay of personnel as the Director considers appropriate.
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The Director may appoint
the personnel of the Commission without regard to the provisions of title
5, United States Code, governing appointments in the competitive service,
and any personnel so appointed may be paid without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an individual
so appointed may not receive pay in excess of the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of such title.
(3) STAFF OF FEDERAL AGENCIES- Upon request of the Director, the head of
any Federal department or agency may detail, on a reimbursable basis, any
of the personnel of that department or agency to the Commission to assist
it in carrying out its duties under this Act.
(c) Experts and Consultants- The Commission may procure by contract temporary
and intermittent services under section 3109(b) of title 5, United States
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions- The Commission may, for the purpose of carrying
out this Act, hold hearings, sit and act at times and places, take testimony,
and receive evidence as the Commission considers appropriate. The Commission
may administer oaths or affirmations to witnesses appearing before it.
(b) Powers of Members and Agents- Any member or agent of the Commission may,
if authorized by the Commission, take any action which the Commission is authorized
to take by this section.
(c) Obtaining Official Data- The Commission may secure directly from any department
or agency of the United States information necessary to enable it to carry
out this Act. Upon request of the Chairman, the head of that department or
agency shall furnish that information to the Commission.
(d) Mails- The Commission may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the United
(e) Administrative Support Services- Upon the request of the Commission, the
Administrator of General Services shall provide to the Commission, on a reimbursable
basis, the administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
(f) Contract Authority- The Commission may contract with and compensate Government
and private agencies or persons for products and services necessary for the
Commission to carry out its responsibilities under this Act.
SEC. 7. COST CONTROL REVIEWS.
(a) In General- In preparation for submitting reports as required under section
8, the Commission shall conduct, every two years, a review of cost control
in the Federal Government with respect to improving management and reducing
(b) Agency Studies- In conducting a review under this section, the Commission
shall conduct in-depth studies of the operations of the Executive agencies
as a basis for evaluating potential improvements in agency operations.
(c) Recommendations- In conducting a review under this section, the Commission
shall develop recommendations in the following areas:
(1) Opportunities for increased efficiency and reduced costs in the Federal
Government that can be realized by Executive action or legislation.
(2) Areas where managerial accountability can be enhanced and administrative
control can be improved.
(3) Opportunities for managerial improvements over both the short- and long-term.
(4) Specific areas where further study can be justified by potential savings.
(5) Ways to reduce governmental expenditures and indebtedness and improve
SEC. 8. REPORTS.
(a) Interim Reports- Not later than 180 days before the date on which the
Commission is required to submit a final report under subsection (b), the
Commission shall submit to Congress and the President an interim report containing
the preliminary results of the review being conducted under section 7 related
to that final report.
(1) IN GENERAL- Not later than 18 months after the date of the enactment
of this Act, and every two years thereafter until the date on which the
Commission submits its third final report under this paragraph, the Commission
shall submit to Congress and the President a final report containing a detailed
statement of the findings and conclusions of the Commission based on the
most recent review conducted under section 7, together with its recommendations
for legislative and administrative actions, and other matters the Commission
(2) PROPOSED LEGISLATION- The Commission shall include in a final report
submitted under paragraph (1) proposed legislation in the form of an implementation
bill to carry out recommendations developed under section 7(c).
(3) LIMITATION- The Commission may include in a report submitted under this
section proposed legislation under paragraph (2) only if such proposed legislation
is agreed to by not fewer than five of the members of the Commission.
SEC. 9. CONGRESSIONAL CONSIDERATION OF PROPOSED LEGISLATION.
(a) Introduction; Referral; 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 a final report is
submitted to Congress under section 8(b), the implementation bill included
in such report 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 majority leader 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 majority leader and minority leader of the House of Representatives.
(2) REFERRAL- An implementation bill introduced under paragraph (1) shall
be referred to any appropriate committee of jurisdiction in the Senate and
any appropriate committee of jurisdiction in the House of Representatives.
A committee to which an implementation bill is referred under this paragraph
may report such bill to the respective House, but only without amendment.
(3) REPORT OR DISCHARGE- If a committee to which an implementation bill
is referred has not reported such bill by the end of the 15th calendar day
after the date of the introduction of such bill, such committee shall be
immediately discharged from further consideration of such bill, and upon
being reported or discharged from the committee, such bill shall be placed
on the appropriate calendar.
(1) IN GENERAL- When the committee to which an implementation bill is referred
has reported the bill, or has been discharged from further consideration
of the bill under subsection (a)(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
(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 bill. 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.
(c) Coordination With Action by Other House- If, before the passage by one
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
(d) 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 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, 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. 10. TERMINATION.
The Commission shall terminate on the date that is one day after the date
on which it submits its third final report under section 8(b).
SEC. 11. DEFINITIONS.
In this Act, the following definitions apply:
(1) 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.
(2) COMMISSION- The term `Commission' means the Grace Commission II established
by section 2.
(3) IMPLEMENTATION BILL- The term `implementation bill' means only a bill
that is introduced as provided under section 9(a), and contains the proposed
legislation described in section 8(b)(2), without modification.
(4) MEMBER- The term `member' means a member of the Commission appointed
under section 4(a)(1).