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.

    (e) Basic Pay-

      (1) RATES OF PAY-

        (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.

    (b) Staff-

      (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.

    (b) Final Reports-

      (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.

    (b) Floor Consideration-

      (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