S 389
112th CONGRESS
1st Session
S. 389
To establish the Grace Commission II to review and make recommendations
regarding cost control in the Federal Government, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 17, 2011
Mr. KIRK introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
A BILL
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 II'.
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 members;
(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 member.
(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 Code.
(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 Code.
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 States.
(e) Administrative Support Services- Upon the request of the Commission,
the Administrator of the General Services Administration 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 costs.
(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 personnel management.
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 considers appropriate.
(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 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 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 other House.
(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).
END
