II 112th CONGRESS 1st Session S. 1936 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.

1.

Short title

This Act may be cited as the Implementation of Simpson-Bowles Spending Reductions Act of 2011.

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.

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.

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.

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.

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.

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.

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.

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: VII

Expedited disposal of real property

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).

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. .

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. .