II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Spending Control Act 

5 of 2011’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established an independent commission to be 

8 known as the ‘‘Grace Commission II’’. 

9 SEC. 3. DUTIES OF COMMISSION. 

10 The duties of the Commission shall be— 


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1 (1) to conduct reviews in accordance with sec2 tion 7; and 

3 (2) to submit reports in accordance with section 

4 8. 

5 SEC. 4. MEMBERSHIP. 

6 (a) NUMBER AND APPOINTMENT.— 

7 (1) IN GENERAL.—The Commission shall be 

8 composed of eight members appointed by the Presi9 dent, by and with the advice and consent of the Sen10 ate. 

11 (2) NOMINATIONS.—Not later than 180 days 

12 after the date of the enactment of this Act, the 

13 President shall transmit to the Senate nominations 

14 for appointment to the Commission. 

15 (3) CONSULTATION.—In selecting individuals 

16 for nominations for appointments to the Commis17 sion, the President shall consult with— 

18 (A) the Speaker of the House of Rep19 resentatives concerning the appointment of 

20 three members; 

21 (B) the majority leader of the Senate con22 cerning the appointment of three members; 

23 (C) the minority leader of the House of 

24 Representatives concerning the appointment of 

25 one member; and 


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1 (D) the minority leader of the Senate con2 cerning the appointment of one member. 

3 (b) TERMS.—Each member shall be appointed for the 

4 life of the Commission. 

5 (c) VACANCIES.—A vacancy in the Commission shall 

6 be filled in the manner in which the original appointment 

7 was made. 

8 (d) CHAIRMAN.—The Chairman of the Commission 

9 shall be designated by the President at the time of nomi10 nation of members of the Commission. 

11 (e) BASIC PAY.— 

12 (1) RATES OF PAY.— 

13 (A) IN GENERAL.—Except as provided in 

14 paragraph (2), each member, other than the 

15 Chairman, shall be paid at a rate equal to the 

16 daily equivalent of the minimum annual rate of 

17 basic pay for level IV of the Executive Schedule 

18 under section 5315 of title 5, United States 

19 Code, for each day (including travel time) dur20 ing which the member is engaged in the actual 

21 performance of duties vested in the Commis22 sion. 

23 (B) CHAIRMAN.—The Chairman shall be 

24 paid for each day referred to in subparagraph 

25 (A) at a rate equal to the daily equivalent of 


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1 the minimum annual rate of basic pay payable 

2 for level III of the Executive Schedule under 

3 section 5314 of title 5, United States Code. 

4 (C) TRAVEL EXPENSES.—Each member 

5 shall receive travel expenses, including per diem 

6 in lieu of subsistence, in accordance with appli7 cable provisions under subchapter I of chapter 

8 57 of title 5, United States Code. 

9 (2) PROHIBITION OF COMPENSATION OF FED10 ERAL EMPLOYEES.—Members of the Commission 

11 who are full-time officers or employees of the United 

12 States or Members of Congress may not receive ad13 ditional pay, allowances, or benefits by reason of 

14 their service on the Commission. 

15 (f) QUORUM.—Five members of the Commission shall 

16 constitute a quorum but a lesser number may hold hear17 ings. 

18 (g) MEETINGS.—The Commission shall meet at the 

19 call of the Chairman. 

20 SEC. 5. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS. 

21 (a) DIRECTOR.—The Commission shall have a Direc22 tor who shall be appointed by the Commission. The Direc23 tor shall be paid at the rate of basic pay for level IV of 

24 the Executive Schedule under section 5315 of title 5, 

25 United States Code. 


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1 (b) STAFF.— 

2 (1) IN GENERAL.—With the approval of the 

3 Commission, the Director may appoint and fix the 

4 pay of personnel as the Director considers appro5 priate. 

6 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

7 LAWS.—The Director may appoint the personnel of 

8 the Commission without regard to the provisions of 

9 title 5, United States Code, governing appointments 

10 in the competitive service, and any personnel so ap11 pointed may be paid without regard to the provisions 

12 of chapter 51 and subchapter III of chapter 53 of 

13 that title relating to classification and General 

14 Schedule pay rates, except that an individual so ap15 pointed may not receive pay in excess of the annual 

16 rate of basic pay for level V of the Executive Sched17 ule under section 5316 of such title. 

18 (3) STAFF OF FEDERAL AGENCIES.—Upon re19 quest of the Director, the head of any Federal de20 partment or agency may detail, on a reimbursable 

21 basis, any of the personnel of that department or 

22 agency to the Commission to assist it in carrying out 

23 its duties under this Act. 


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1 (c) EXPERTS AND CONSULTANTS.—The Commission 

2 may procure by contract temporary and intermittent serv3 ices under section 3109(b) of title 5, United States Code. 

4 SEC. 6. POWERS OF COMMISSION. 

5 (a) HEARINGS AND SESSIONS.—The Commission 

6 may, for the purpose of carrying out this Act, hold hear7 ings, sit and act at times and places, take testimony, and 

8 receive evidence as the Commission considers appropriate. 

9 The Commission may administer oaths or affirmations to 

10 witnesses appearing before it. 

11 (b) POWERS OF MEMBERS AND AGENTS.—Any mem12 ber or agent of the Commission may, if authorized by the 

13 Commission, take any action which the Commission is au14 thorized to take by this section. 

15 (c) OBTAINING OFFICIAL DATA.—The Commission 

16 may secure directly from any department or agency of the 

17 United States information necessary to enable it to carry 

18 out this Act. Upon request of the Chairman, the head of 

19 that department or agency shall furnish that information 

20 to the Commission. 

21 (d) MAILS.—The Commission may use the United 

22 States mails in the same manner and under the same con23 ditions as other departments and agencies of the United 

24 States. 


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1 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

2 the request of the Commission, the Administrator of the 

3 General Services Administration shall provide to the Com4 mission, on a reimbursable basis, the administrative sup5 port services necessary for the Commission to carry out 

6 its responsibilities under this Act. 

7 (f) CONTRACT AUTHORITY.—The Commission may 

8 contract with and compensate Government and private 

9 agencies or persons for products and services necessary 

10 for the Commission to carry out its responsibilities under 

11 this Act. 

12 SEC. 7. COST CONTROL REVIEWS. 

13 (a) IN GENERAL.—In preparation for submitting re14 ports as required under section 8, the Commission shall 

15 conduct, every two years, a review of cost control in the 

16 Federal Government with respect to improving manage17 ment and reducing costs. 

18 (b) AGENCY STUDIES.—In conducting a review under 

19 this section, the Commission shall conduct in-depth stud20 ies of the operations of the Executive agencies as a basis 

21 for evaluating potential improvements in agency oper22 ations. 

23 (c) RECOMMENDATIONS.—In conducting a review 

24 under this section, the Commission shall develop rec25 ommendations in the following areas: 


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1 (1) Opportunities for increased efficiency and 

2 reduced costs in the Federal Government that can 

3 be realized by Executive action or legislation. 

4 (2) Areas where managerial accountability can 

5 be enhanced and administrative control can be im6 proved. 

7 (3) Opportunities for managerial improvements 

8 over both the short- and long-term. 

9 (4) Specific areas where further study can be 

10 justified by potential savings. 

11 (5) Ways to reduce governmental expenditures 

12 and indebtedness and improve personnel manage13 ment. 

14 SEC. 8. REPORTS. 

15 (a) INTERIM REPORTS.—Not later than 180 days be16 fore the date on which the Commission is required to sub17 mit a final report under subsection (b), the Commission 

18 shall submit to Congress and the President an interim re19 port containing the preliminary results of the review being 

20 conducted under section 7 related to that final report. 

21 (b) FINAL REPORTS.— 

22 (1) IN GENERAL.—Not later than 18 months 

23 after the date of the enactment of this Act, and 

24 every two years thereafter until the date on which 

25 the Commission submits its third final report under 


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1 this paragraph, the Commission shall submit to Con2 gress and the President a final report containing a 

3 detailed statement of the findings and conclusions of 

4 the Commission based on the most recent review 

5 conducted under section 7, together with its rec6 ommendations for legislative and administrative ac7 tions, and other matters the Commission considers 

8 appropriate. 

9 (2) PROPOSED LEGISLATION.—The Commission 

10 shall include in a final report submitted under para11 graph (1) proposed legislation in the form of an im12 plementation bill to carry out recommendations de13 veloped under section 7(c). 

14 (3) LIMITATION.—The Commission may include 

15 in a report submitted under this section proposed 

16 legislation under paragraph (2) only if such pro17 posed legislation is agreed to by not fewer than five 

18 of the members of the Commission. 

19 SEC. 9. CONGRESSIONAL CONSIDERATION OF PROPOSED 

20 LEGISLATION. 

21 (a) INTRODUCTION; REFERRAL; REPORT OR DIS22 CHARGE.— 

23 (1) INTRODUCTION.—On the first calendar day 

24 on which both Houses are in session on or imme25 diately following the date on which a final report is 


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1 submitted to Congress under section 8(b), the imple2 mentation bill included in such report shall be intro3 duced (by request)— 

4 (A) in the Senate by the majority leader of 

5 the Senate, for himself and the minority leader 

6 of the Senate, or by Members of the Senate 

7 designated by the majority leader and minority 

8 leader of the Senate; and 

9 (B) in the House of Representatives by the 

10 majority leader of the House of Representa11 tives, for himself and the minority leader of the 

12 House of Representatives, or by Members of the 

13 House of Representatives designated by the ma14 jority leader and minority leader of the House 

15 of Representatives. 

16 (2) REFERRAL.—An implementation bill intro17 duced under paragraph (1) shall be referred to any 

18 appropriate committee of jurisdiction in the Senate 

19 and any appropriate committee of jurisdiction in the 

20 House of Representatives. A committee to which an 

21 implementation bill is referred under this paragraph 

22 may report such bill to the respective House, but 

23 only without amendment. 

24 (3) REPORT OR DISCHARGE.—If a committee to 

25 which an implementation bill is referred has not reVerDate Mar 15 2010 21:27 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S389.IS S389

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1 ported such bill by the end of the 15th calendar day 

2 after the date of the introduction of such bill, such 

3 committee shall be immediately discharged from fur4 ther consideration of such bill, and upon being re5 ported or discharged from the committee, such bill 

6 shall be placed on the appropriate calendar. 

7 (b) FLOOR CONSIDERATION.— 

8 (1) IN GENERAL.—When the committee to 

9 which an implementation bill is referred has re10 ported the bill, or has been discharged from further 

11 consideration of the bill under subsection (a)(3), it 

12 is at any time thereafter in order (even though a 

13 previous motion to the same effect has been dis14 agreed to) for any Member of the respective House 

15 to move to proceed to the consideration of the imple16 mentation bill, and all points of order against the 

17 implementation bill (and against consideration of the 

18 implementation bill) are waived. The motion is high19 ly privileged in the House of Representatives and is 

20 privileged in the Senate and is not debatable. The 

21 motion is not subject to amendment, or to a motion 

22 to postpone, or to a motion to proceed to the consid23 eration of other business. A motion to reconsider the 

24 vote by which the motion is agreed to or disagreed 

25 to shall not be in order. If a motion to proceed to 


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1 the consideration of the implementation bill is 

2 agreed to, the implementation bill shall remain the 

3 unfinished business of the respective House until 

4 disposed of. 

5 (2) AMENDMENTS.—An implementation bill 

6 may not be amended in the Senate or the House of 

7 Representatives. 

8 (3) DEBATE.—Debate on the implementation 

9 bill, and on all debatable motions and appeals in 

10 connection therewith, shall be limited to not more 

11 than 10 hours, which shall be divided equally be12 tween those favoring and those opposing the bill. A 

13 motion further to limit debate is in order and not 

14 debatable. An amendment to, or a motion to post15 pone, or a motion to proceed to the consideration of 

16 other business, or a motion to recommit the imple17 mentation bill is not in order. A motion to reconsider 

18 the vote by which the implementation bill is agreed 

19 to or disagreed to is not in order. 

20 (4) VOTE ON FINAL PASSAGE.—Immediately 

21 following the conclusion of the debate on an imple22 mentation bill, and a single quorum call at the con23 clusion of the debate if requested in accordance with 

24 the rules of the appropriate House, the vote on final 

25 passage of the implementation bill shall occur. 


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1 (5) RULINGS OF THE CHAIR ON PROCEDURE.— 

2 Appeals from the decisions of the Chair relating to 

3 the application of the rules of the Senate or the 

4 House of Representatives, as the case may be, to the 

5 procedure relating to an implementation bill shall be 

6 decided without debate. 

7 (c) COORDINATION WITH ACTION BY OTHER

8 HOUSE.—If, before the passage by one House of an imple9 mentation bill of that House, that House receives from 

10 the other House an implementation bill, then the following 

11 procedures shall apply: 

12 (1) NONREFERRAL.—The implementation bill 

13 of the other House shall not be referred to a com14 mittee. 

15 (2) VOTE ON BILL OF OTHER HOUSE.—With 

16 respect to an implementation bill of the House re17 ceiving the implementation bill— 

18 (A) the procedure in that House shall be 

19 the same as if no implementation bill had been 

20 received from the other House; but 

21 (B) the vote on final passage shall be on 

22 the implementation bill of the other House. 

23 (d) RULES OF THE SENATE AND THE HOUSE OF

24 REPRESENTATIVES.—This section is enacted by Con25 gress— 


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1 (1) as an exercise of the rulemaking power of 

2 the Senate and House of Representatives, respec3 tively, and as such it is deemed a part of the rules 

4 of each House, respectively, but applicable only with 

5 respect to the procedure to be followed in that 

6 House in the case of an implementation bill, and it 

7 supersedes other rules only to the extent that it is 

8 inconsistent with such rules; and 

9 (2) with full recognition of the constitutional 

10 right of either House to change the rules (so far as 

11 relating to the procedure of that House) at any time, 

12 in the same manner, and to the same extent as in 

13 the case of any other rule of that House. 

14 SEC. 10. TERMINATION. 

15 The Commission shall terminate on the date that is 

16 one day after the date on which it submits its third final 

17 report under section 8(b). 

18 SEC. 11. DEFINITIONS. 

19 In this Act, the following definitions apply: 

20 (1) CALENDAR DAY.—The term ‘‘calendar day’’ 

21 means a calendar day other than one on which ei22 ther House is not in session because of an adjourn23 ment of more than 3 days to a date certain. 


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1 (2) COMMISSION.—The term ‘‘Commission’’ 

2 means the Grace Commission II established by sec3 tion 2. 

4 (3) IMPLEMENTATION BILL.—The term ‘‘imple5 mentation bill’’ means only a bill that is introduced 

6 as provided under section 9(a), and contains the 

7 proposed legislation described in section 8(b)(2), 

8 without modification. 

9 (4) MEMBER.—The term ‘‘member’’ means a 

10 member of the Commission appointed under section 

11 4(a)(1). 

Æ 


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