[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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