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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1936 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1936

   To adopt the seven immediate reforms recommended by the National 
 Commission on Fiscal Responsibility and Reform to reduce spending and 
              make the Federal government more efficient.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2011

Mr. Johnson of Wisconsin (for himself, Mrs. Hutchison, Mr. Wicker, Mr. 
 Risch, Mr. Coburn, Mr. Sessions, Mr. DeMint, Mr. Rubio, Mr. Enzi, Mr. 
 Cornyn, Mr. Lee, Mr. Paul, Mr. Barrasso, Ms. Ayotte, and Mr. McCain) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
   To adopt the seven immediate reforms recommended by the National 
 Commission on Fiscal Responsibility and Reform to reduce spending and 
              make the Federal government more efficient.

    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 ``Implementation of Simpson-Bowles 
Spending Reductions Act of 2011''.

SEC. 2. REDUCTION IN APPROPRIATIONS TO THE WHITE HOUSE AND CONGRESS.

    (a) Appropriations to the White House.--Notwithstanding any other 
provision of law, the total amount of funds appropriated to the 
appropriations account under the heading ``The White House'' under the 
heading ``EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO 
THE PRESIDENT'' for each of fiscal years 2012 through 2016 may not 
exceed 85 percent of the total amount of funds appropriated to that 
account for fiscal year 2011.
    (b) Appropriations to Congress.--Notwithstanding any other 
provision of law, the total amount of funds appropriated under the 
headings ``SENATE'' and ``HOUSE OF REPRESENTATIVES'' for each of fiscal 
years 2012 through 2016 may not exceed 85 percent of the total amount 
of funds appropriated under those headings for fiscal year 2011.

SEC. 3. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF CONGRESS.

    Notwithstanding any other provision of law, no adjustment shall be 
made under section 601(a) of the Legislative Reorganization Act of 1946 
(2 U.S.C. 31) (relating to cost of living adjustments for Members of 
Congress) during fiscal years 2013, 2014, and 2015.

SEC. 4. PAY FREEZE FOR FEDERAL EMPLOYEES.

    Section 147 of the Continuing Appropriations Act, 2011 (Public Law 
111-242) is amended--
            (1) in subsection (b)(1), by striking ``December 31, 2012'' 
        and inserting ``December 31, 2015''; and
            (2) in subsection (c), by striking ``December 31, 2012'' 
        and inserting ``December 31, 2015''.

SEC. 5. REDUCTION IN FEDERAL WORKFORCE.

    (a) Definition.--For the purpose of this section--
            (1) the term ``total number of Federal employees'' means 
        the total number of Federal employees in all agencies;
            (2) the term ``Federal employee'' means an employee as 
        defined by section 2105 of title 5, United States Code; and
            (3) the term ``agency'' means an Executive agency as 
        defined by section 105 of title 5, United States Code, 
        excluding the Government Accountability Office.
    (b) Limitation.--The President, through the Office of Management 
and Budget (in consultation with the Office of Personnel Management), 
shall take appropriate measures to ensure that, effective beginning in 
fiscal year 2015, the total number of Federal employees (as determined 
under subsection (c)) shall not exceed 90 percent of the total number 
of Federal employees as of September 30, 2011 (as so determined).
    (c) Monitoring and Notification.--The Office of Management and 
Budget (in consultation with the Office of Personnel Management)--
            (1) shall continuously monitor all agencies and make a 
        determination, as of September 30, 2011, and the last day of 
        each quarter of each fiscal year beginning thereafter, as to 
        whether or not the total number of Federal employees exceeds 
        the maximum number allowable under subsection (b); and
            (2) whenever a determination under paragraph (1) is made 
        that the total number of Federal employees exceeds the maximum 
        number allowable under subsection (b), shall provide written 
        notice to that effect to the President and Congress within 14 
        days after the last day of the quarter to which such 
        determination relates.
    (d) Compliance.--Whenever, with respect to the quarter ending on 
September 30, 2014, or any subsequent quarter, the Office of Management 
and Budget provides written notice under subsection (c)(2) that the 
total number of Federal employees exceeds the maximum number allowable 
under subsection (b), no agency may thereafter appoint any employee to 
fill any vacancy within such agency until the Office of Management and 
Budget provides written notice to the President and Congress of a 
determination under subsection (c)(1) that the total number of Federal 
employees no longer exceeds the maximum number allowable under 
subsection (b). Any notice under the preceding sentence shall be 
provided within 14 days after the last day of the quarter to which the 
determination relates.
    (e) Waiver.--
            (1) Emergencies.--This section may be waived upon a 
        determination by the President that--
                    (A) the existence of a state of war or other 
                national security concern so requires; or
                    (B) the existence of an extraordinary emergency 
                threatening life, health, public safety, property, or 
                the environment so requires.
            (2) Agency efficiency or critical mission.--This section 
        may be waived, with respect to a particular position or 
        category of positions in an agency, upon a determination by the 
        President that the efficiency of the agency or the performance 
        of a critical agency mission so requires.
    (f) Replacement Rate.--To the extent necessary to achieve the 
workforce reduction required by subsection (b), the Office of 
Management and Budget (in consultation with the Office of Personnel 
Management) shall take appropriate measures to ensure that agencies 
shall appoint no more than 1 employee for every 3 employees retiring or 
otherwise separating from Government service after the date of the 
enactment of this Act. This subsection shall cease to apply after 
September 30, 2014.
    (g) Counting Rule.--For purposes of this section, any determination 
of the number of employees in an agency shall be expressed on a full-
time equivalent basis.
    (h) Limitation on Procurement of Service Contracts.--The President, 
through the Office of Management and Budget (in consultation with the 
Office of Personnel Management), shall take appropriate measures to 
ensure that there is no increase in the procurement of service 
contracts by reason of the enactment of this Act, except in cases in 
which a cost comparison demonstrates that such contracts would be to 
the financial advantage of the Government.

SEC. 6. REDUCTION IN GOVERNMENT TRAVEL COSTS.

    (a) Definition.--In this section, the term ``agency'' means an 
executive agency as defined under section 105 of title 5, United States 
Code.
    (b) Reduction.--Notwithstanding any other provision of law, the 
total amount of funds appropriated to the appropriations account 
providing for travel expenses for each agency for each of fiscal years 
2012, 2013, 2014, 2015, and 2016 may not exceed 80 percent of the total 
amount of funds appropriated to each of those appropriations accounts 
for fiscal year 2011.

SEC. 7. LIMITATION ON GOVERNMENT PRINTING COSTS.

    Not later than 180 days after the date of enactment of this Act, 
the Director of the Office of Management and Budget shall coordinate 
with the heads of Federal departments and independent agencies to--
            (1) determine which Government publications could be 
        available on Government websites and no longer printed and to 
        devise a strategy to reduce overall Government printing costs 
        over the 10-year period beginning with fiscal year 2012, except 
        that the Director shall ensure that essential printed documents 
        prepared for social security recipients, medicare 
        beneficiaries, and other populations in areas with limited 
        internet access or use continue to remain available;
            (2) establish government-wide Federal guidelines on 
        employee printing;
            (3) issue on the Office of Management and Budget's public 
        website the results of a cost-benefit analysis on implementing 
        a digital signature system and on establishing employee 
        printing identification systems, such as the use of individual 
        employee cards or codes, to monitor the amount of printing done 
        by Federal employees; except that the Director of the Office of 
        Management and Budget shall ensure that Federal employee 
        printing costs unrelated to national defense, homeland 
        security, border security, national disasters, and other 
        emergencies do not exceed $860,000,000 annually; and
            (4) issue guidelines requiring every department, agency, 
        commission or office to list at a prominent place near the 
        beginning of each publication distributed to the public and 
        issued or paid for by the Federal Government--
                    (A) the name of the issuing agency, department, 
                commission or office;
                    (B) the total number of copies of the document 
                printed;
                    (C) the collective cost of producing and printing 
                all of the copies of the document; and
                    (D) the name of the firm publishing the document.

SEC. 8. REDUCTION IN FEDERAL VEHICLE COSTS.

    Notwithstanding any other provision of law, for fiscal year 2012 
and each fiscal year thereafter, the amount made available to the 
General Services Administration for the acquisition of new vehicles for 
the Federal fleet shall not exceed an amount equal to 80 percent of the 
amount made available for the acquisition of those vehicles for fiscal 
year 2010.

SEC. 9. SALE OF EXCESS FEDERAL PROPERTY.

    (a) In General.--Chapter 5 of subtitle I of title 40, United States 
Code, is amended by adding at the end the following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

``Sec. 621. Definitions
    ``In this subchapter:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(2) Landholding agency.--The term `landholding agency' 
        means a landholding agency (as defined in section 501(i) of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i))).
            ``(3) Real property.--
                    ``(A) In general.--The term `real property' means--
                            ``(i) a parcel of real property under the 
                        administrative jurisdiction of the Federal 
                        Government that is--
                                    ``(I) excess;
                                    ``(II) surplus;
                                    ``(III) underperforming; or
                                    ``(IV) otherwise not meeting the 
                                needs of the Federal Government, as 
                                determined by the Director; and
                            ``(ii) a building or other structure 
                        located on real property described in clause 
                        (i).
                    ``(B) Exclusion.--The term `real property' excludes 
                any parcel of real property, and any building or other 
                structure located on real property, that is to be 
                closed or realigned under the Defense Authorization 
                Amendments and Base Closure and Realignment Act (10 
                U.S.C. 2687 note; Public Law 100-526).
``Sec. 622. Disposal program
    ``(a) In General.--Except as provided in subsection (e), the 
Director shall, by sale or auction, dispose of a quantity of real 
property with an aggregate value of not less than $100,000,000 that, as 
determined by the Director, is not being used, and will not be used, to 
meet the needs of the Federal Government for the period of fiscal years 
2011 through 2015.
    ``(b) Recommendations.--The head of each landholding agency shall 
recommend to the Director real property for disposal under subsection 
(a).
    ``(c) Selection of Properties.--After receiving recommendations of 
candidate real property under subsection (b), the Director--
            ``(1) with the concurrence of the head of each landholding 
        agency, may select the real property for disposal under 
        subsection (a); and
            ``(2) shall notify the recommending landholding agency head 
        of the selection of the real property.
    ``(d) Website.--The Director shall ensure that all real properties 
selected for disposal under this section are listed on a website that 
shall--
            ``(1) be updated routinely; and
            ``(2) include the functionality to allow any member of the 
        public, at the option of the member, to receive updates of the 
        list through electronic mail.
    ``(e) Transfer of Property.--The Director may transfer real 
property selected for disposal under this section to the Department of 
Housing and Urban Development if the Secretary of Housing and Urban 
Development determines that the real property is suitable for use in 
assisting the homeless.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 5 of subtitle I of title 40, United States Code, is amended by 
inserting after the item relating to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.

SEC. 10. PROHIBITION ON EARMARKS.

    Section 312 of the Congressional Budget Act of 1974 is amended by 
inserting at the end the following:
    ``(g) Prohibition on Earmarks.--
            ``(1) Bills and joint resolutions.--
                    ``(A) In general.--It shall not be in order in the 
                Senate or the House of Representatives to consider a 
                bill, resolution, or amendment that includes an 
                earmark, limited tax benefit, or limited tariff 
                benefit.
                    ``(B) Procedure.--In the Senate, a point of order 
                under this paragraph may be raised by a Senator as 
                provided in section 313(e) of the Congressional Budget 
                Act of 1974.
            ``(2) Conference report.--
                    ``(A) In general.--It shall not be in order in the 
                Senate or the House of Representatives to vote on the 
                adoption of a report of a committee of conference if 
                the report includes an earmark, limited tax benefit, or 
                limited tariff benefit.
                    ``(B) Procedure.--When the Senate is considering a 
                conference report on, or an amendment between the 
                Houses in relation to, an appropriations act, upon a 
                point of order being made by any Senator pursuant to 
                this paragraph, and such point of order being 
                sustained, such material contained in such conference 
                report shall be deemed stricken, and the Senate shall 
                proceed to consider the question of whether the Senate 
                shall recede from its amendment and concur with a 
                further amendment, or concur in the House amendment 
                with a further amendment, as the case may be, which 
                further amendment shall consist of only that portion of 
                the conference report or House amendment, as the case 
                may be, not so stricken. Any such motion in the Senate 
                shall be debatable under the same conditions as was the 
                conference report. In any case in which such point of 
                order is sustained against a conference report (or 
                Senate amendment derived from such conference report by 
                operation of this subsection), no further amendment 
                shall be in order.
            ``(3) Waiver.--Any Senator may move to waive any or all 
        points of order under this subsection by an affirmative vote of 
        two-thirds of the Members, duly chosen and sworn.
            ``(4) Definitions.--For the purpose of this subsection--
                    ``(A) the term `earmark' means a provision or 
                report language included primarily at the request of a 
                Senator or Member of the House of Representatives 
                providing, authorizing, or recommending a specific 
                amount of discretionary budget authority, credit 
                authority, or other spending authority for a contract, 
                loan, loan guarantee, grant, loan authority, or other 
                expenditure with or to an entity, or targeted to a 
                specific State, locality or Congressional district, 
                other than through a statutory or administrative 
                formula-driven or competitive award process;
                    ``(B) the term `limited tax benefit' means any 
                revenue provision that--
                            ``(i) provides a Federal tax deduction, 
                        credit, exclusion, or preference to a 
                        particular beneficiary or limited group of 
                        beneficiaries under the Internal Revenue Code 
                        of 1986; and
                            ``(ii) contains eligibility criteria that 
                        are not uniform in application with respect to 
                        potential beneficiaries of such provision; and
                    ``(C) the term `limited tariff benefit' means a 
                provision modifying the Harmonized Tariff Schedule of 
                the United States in a manner that benefits 10 or fewer 
                entities.
            ``(5) Application.--This subsection shall not apply to any 
        authorization of appropriations to a Federal entity if such 
        authorization is not specifically targeted to a State, locality 
        or congressional district.''.
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