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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 389 Introduced in Senate (IS)]

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).
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