To pay for the cost of this act by reducing wasteful, inefficient, excessive and duplicative government spending.

SA 4331. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986
to extend certain expiring provisions, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of the amendment, insert the following:

TITLE __--OFFSETTING THE COSTS OF THIS ACT

SEC. __01. DISCLOSING TRUE COST OF CONGRESSIONAL BORROWING
AND SPENDING.

(a) In General.--The Secretary of the Senate shall post
prominently on the front page of the public website of the
Senate (
http://www.senate.gov/
) the following information:
(1) The total amount of discretionary and direct spending
passed by the Senate that has not been paid for, including
emergency designated spending or spending otherwise exempted
from PAYGO requirements.
(2) The total amount of net spending authorized in
legislation passed by the Senate, as scored by Congressional
Budget Office.
(3) The number of new Government programs created in
legislation passed by the Senate.
(4) The totals for paragraphs (1) through (3) as passed by
both Houses of Congress and signed into law by the President.
(b) Display.--The information tallies required by
subsection (a) shall be itemized by bill and date, updated
weekly, and archived by calendar year.
(c) Effective Date.--The PAYGO tally required by subsection
(a)(1) shall begin with the date of enactment of the
Statutory Pay-As-You-Go Act of 2010 and the authorization
tally required by subsection (a)(2) shall apply to all
legislation passed beginning January 1, 2010.

SEC. __02. REDUCING BUDGETS OF MEMBERS OF CONGRESS.

Of the funds made available under Public Law 111-68 for the
legislative branch, $100,000,000 in unobligated balances are
permanently rescinded with $50,000,000 from the House of
Representatives and $50,000,000 from the Senate: Provided,
That the rescissions made by the section shall not apply to
funds made available to the Capitol Police.

SEC. __03. ENACTING THE WHITE HOUSE'S PROPOSED 5 PERCENT CUT
ON GOVERNMENT SPENDING.

(a) Rescissions of Excessive Spending.--There is rescinded
an amount equal to 5 percent of--
(1) the budget authority provided (or obligation limit
imposed) for fiscal year 2010 for any discretionary account
in any other fiscal year 2010 appropriation Act;
(2) the budget authority provided in any advance
appropriation for fiscal year 2010 for any discretionary
account in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2010 for
any program subject to limitation contained in any fiscal
year 2010 appropriation Act.
(b) Exceptions.--This section shall not apply to
discretionary authority appropriated or otherwise made
available to the Department of Veterans Affairs and the
Department of Defense: Provided, That the Secretary of
Defense shall submit a report to Congress no later than one
year after the enactment of this Act outlining potential
savings within the Department that could be obtained by
eliminating outdated, unneeded, inefficient, poorly
performing, or duplicative programs and initiatives.
(c) OMB Report.--Within 30 days after the date of enactment
of this section, the Director of the Office of Management and
Budget shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a report
specifying the account and amount of each rescission made
pursuant to this section and the report shall be posted on
the public website of the Office of Management and Budget.

SEC. __04. ELIMINATING NONESSENTIAL GOVERNMENT TRAVEL.

Within 60 days after the date of enactment of this Act, the
Director of the Office of Management and Budget, in
consultation with the heads of the Federal departments and
agencies, shall establish a definition of ``nonessential
travel'' and criteria to determine if travel-related expenses
and requests by Federal employees meet the definition of
``nonessential travel''. No travel expenses paid for, in
whole or in part, with Federal funds shall be paid by the
Federal Government unless a request is made prior to the
travel and the requested travel meets the criteria
established by this section. Any travel request that does not
meet the definition and criteria shall be disallowed,
including reimbursement for air flights, automobile rentals,
train tickets, lodging, per diem, and other travel-related
costs. The definition established by the Director of the
Office of Management and Budget may include exemptions in the
definition, including travel related to national defense,
homeland security, border security, national disasters, and
other emergencies. The Director of the Office of Management
and Budget shall ensure that all travel costs paid for in
part or whole by the Federal Government not related to
national defense, homeland security, border security,
national disasters, and other emergencies do not exceed
$5,000,000,000 annually.

SEC. __05. REDUCING UNNECESSARY PRINTING AND PUBLISHING COSTS
OF GOVERNMENT DOCUMENTS.

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 2010,
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 the following:

[[Page S4760]]

(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.
(D) The name of the firm publishing the document.

SEC. __06. DISPOSING OF UNNEEDED AND UNUSED GOVERNMENT
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) Expedited disposal of a real property.--The term
`expedited disposal of a real property' means a demolition of
real property or a sale of real property for cash that is
conducted under the requirements of section 545.
``(3) Landholding agency.--The term `landholding agency'
means a landholding agency as defined under section 501(i)(3)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411(i)(3)).
``(4) 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 under clause (i).
``(B) Exclusion.--The term `real property' excludes any
parcel of real property or building or other structure
located on such real property that is to be closed or
realigned under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).

``Sec. 622. Disposal program

``(a) The Director of the Office of Management and Budget
shall dispose of by sale or auction not less than
$15,000,000,000 worth of real property that is not meeting
Federal Government from fiscal year 2010 to fiscal year 2015.
``(b) Agencies shall recommend candidate disposition real
properties to the Director for participation in the pilot
program established under section 622.
``(c) The Director, with the concurrence of the head of the
executive agency concerned and consistent with the criteria
established in this subchapter, may then select such
candidate real properties for participation in the program
and notify the recommending agency accordingly.
``(d) The Director shall ensure that all real properties
selected for disposition under this section are listed on a
website that shall--
``(1) be updated routinely; and
``(2) include the functionality to allow members of the
public, at their option, to receive such updates through
electronic mail.
``(e) The Director may transfer real property identified in
the enactment of this section to the Department of Housing
and Urban Development if the Secretary of Housing and Urban
Development has determined such properties are suitable for
use to assist 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. __07. AUCTIONING AND SELLING OF UNUSED AND UNNEEDED
EQUIPMENT.

(a) In General.--Notwithstanding section 1033 of the
National Defense Authorization Act of 1997 or any other
provision of law, the Secretary of Defense shall auction or
sell unused, unnecessary, or surplus supplies and equipment
without providing preference to State or local governments.
(b) Exceptions.--The Secretary may make exceptions to the
sale or auction of such equipment for transfers of excess
military property to state and local law enforcement agencies
related to counter-drug efforts, counter-terrorism
activities, or other efforts determined to be related to
national defense or homeland security. The Secretary of
Defense may sell such equipment to State and local agencies
at fair market value.

SEC. __08. CAPPING THE TOTAL NUMBER OF FEDERAL EMPLOYEES.

(a) In General.--Not later than 3 months after the date of
enactment of this Act, the head of each relevant Federal
department or agency shall collaborate with the Director of
the Office of Management and Budget to determine how many
full-time employees the department or agency employs. For
each new full-time employee added to any Federal department
or agency for any purpose, the head of such department or
agency shall ensure that the addition of such new employee is
offset by a reduction of one existing full-time employee at
such department or agency.
(b) Information on Total Employees.--The Director of the
Office of Management and Budget shall publicly disclose the
total number of Federal employees, as well as a breakdown of
Federal employees by agency and the annual salary by title of
each Federal employee at an agency and update such
information not less than once a year.

SEC. __09. TEMPORARY ONE-YEAR FREEZE ON COST OF FEDERAL
EMPLOYEES SALARIES.

Notwithstanding any other provision of law, the total
amount of funds expended on salaries for civilian employees
of the Federal Government in fiscal year 2011 shall not
exceed the total costs for such salaries in Fiscal Year 2009:
Provided the amounts spent on salaries of members of the
armed forces are exempt from the provisions of this section;
Provided further, nothing in this section prohibits an
employee from receiving an increase in salary or other
compensation so long as such an increase does not increase an
agency's net expenditures for employee salaries.

SEC. __10. COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE
FEDERAL GOVERNMENT.

(a) In General.--Chapter 73 of title 5, United States Code,
is amended by adding at the end the following:

``SUBCHAPTER VIII--COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE
FEDERAL GOVERNMENT

``Sec. 7381. Collection of unpaid taxes from employees of the
Federal Government

``(a) Definition.--For purposes of this section--
``(1) the term `seriously delinquent tax debt' means an
outstanding debt under the Internal Revenue Code of 1986 for
which a notice of lien has been filed in public records
pursuant to section 6323 of such Code, except that such term
does not include--
``(A) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or section 7122 of such
Code; and
``(B) a debt with respect to which a collection due process
hearing under section 6330 of such Code, or relief under
subsection (a), (b), or (f) of section 6015 of such Code, is
requested or pending; and
``(2) the term `Federal employee' means--
``(A) an employee, as defined by section 2105; and
``(B) an employee of the United States Congress, including
Members of the House of Representatives and Senators.
``(b) Collection of Unpaid Taxes.--The Internal Revenue
Service shall coordinate with the Department of the Treasury
and the hiring agency of a Federal employee who has a
seriously delinquent tax debt to collect such taxes by
withholding a portion of the employee's salary over a period
set by the hiring agency to ensure prompt payment.''.
(b) Clerical Amendment.--The analysis for chapter 73 of
title 5, United States Code, is amended by adding at the end
the following:

``subchapter viii--collection of unpaid taxes from employees of the
federal government

``Sec. 7381. Collection of unpaid taxes from employees of the Federal
Government.''.

SEC. __11. REDUCING EXCESSIVE DUPLICATION AND OVERHEAD WITHIN
THE FEDERAL GOVERNMENT.

(a) Reducing Duplication.--The Director of the Office of
Management Budget and the Secretary of each department (or
head of each independent agency) shall work with the Chairman
and ranking member of the relevant congressional
appropriations subcommittees and the congressional
authorizing committees and the Director of the Office of
Management Budget to consolidate programs with duplicative
goals, missions, and initiatives.
(b) Controlling Bureaucratic Overhead Costs.--Each Federal
department and agency shall reduce annual administrative
expenses by at least five percent in fiscal year 2011.

SEC. __12. ELIMINATING BONUSES FOR POOR PERFORMANCE BY
GOVERNMENT CONTRACTORS.

(a) Guidance on Linking of Award and Incentive Fees to
Outcomes.--Not later than 180 days after the date of
enactment of this Act, each Federal department or agency
shall issue guidance, with detailed implementation
instructions (including definitions), on the appropriate use
of award and incentive fees in department or agency programs.
(b) Elements.--The guidance under subsection (a) shall--
(1) ensure that all new contracts using award fees link
such fees to outcomes (which shall be defined in terms of
program cost, schedule, and performance);
(2) establish standards for identifying the appropriate
level of officials authorized to approve the use of award and
incentive fees in new contracts;
(3) provide guidance on the circumstances in which
contractor performance may be judged to be excellent or
superior and the percentage of the available award fee which
contractors should be paid for such performance;
(4) establish standards for determining the percentage of
the available award fee, if any, which contractors should be
paid for performance that is judged to be acceptable,
average, expected, good, or satisfactory;
(5) ensure that no award fee may be paid for contractor
performance that is judged to be below satisfactory
performance or performance that does not meet the basic
requirements of the contract;

[[Page S4761]]

(6) provide specific direction on the circumstances, if
any, in which it may be appropriate to roll over award fees
that are not earned in one award fee period to a subsequent
award fee period or periods;
(7) ensure that the Department or agency--
(A) collects relevant data on award and incentive fees paid
to contractors; and
(B) has mechanisms in place to evaluate such data on a
regular basis; and
(8) include performance measures to evaluate the
effectiveness of award and incentive fees as a tool for
improving contractor performance and achieving desired
program outcomes.
(c) Return of Unearned Bonuses.--Any funds intended to be
awarded as incentive fees that are not paid due to
contractors inability to meet the criteria established by
this section shall be returned to the Treasury.

SEC. __13. $1 BILLION LIMITATION ON VOLUNTARY PAYMENTS TO THE
UNITED NATIONS.

Notwithstanding any other provision of law, the Secretary
of State shall ensure no more than $1,000,000,000 is provided
to the United Nations each year in excess of the United
States' annual assessed contributions.

SEC. __14. RETURNING EXCESSIVE FUNDS FROM AN UNNECESSARY,
UNNEEDED, UNREQUESTED, DUPLICATIVE RESERVE FUND
THAT MAY NEVER BE SPENT.

Notwithstanding any other provision of law, unobligated
funds for the Women, Infants and Children special
supplemental nutrition program appropriated and placed in
reserve by Public Law 111-5 are rescinded.

SEC. __15. RESCINDING A STATE DEPARTMENT TRAINING FACILITY
UNWANTED BY RESIDENTS OF THE COMMUNITY IN WHICH
IT IS IT IS PLANNED TO BE CONSTRUCTED.

Notwithstanding any other provision of law, no Federal
funds may be spent to construct a State Department training
facility in Ruthsberg, Maryland, and any funding obligated
for the facility by Public Law 111-5 are rescinded, except
that, this section does not prohibit funds otherwise
appropriated to be spent by the State Department for training
facilities in other jurisdictions in accordance with law.

SEC. __16. ELIMINATING A WASTEFUL AND INEFFICIENT GOVERNMENT
PROGRAM.

Within 30 days after the date of enactment of this Act, the
Energy Star program administered by the United States
Environmental Protection Agency shall be terminated and no
Federal tax rebates or tax credits related to the Energy Star
program shall be any longer available.

SEC. __17. RESCINDING UNSPENT FEDERAL FUNDS.

(a) In General.--Notwithstanding any other provision of
law, of all unobligated Federal funds available,
$100,000,000,000 in appropriated discretionary unexpired
funds are rescinded.
(b) Implementation.--Not later than 60 days after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall--
(1) identify the accounts and amounts rescinded to
implement subsection (a); and
(2) submit a report to the Secretary of the Treasury and
Congress of the accounts and amounts identified under
paragraph (1) for rescission.
(c) Exception.--This section shall not apply to the
unobligated Federal funds of the Department of Defense or the
Department of Veterans Affairs.

SEC. __18. REDUCING WASTEFUL ENERGY COSTS BY THE DEPARTMENT
OF ENERGY.

Notwithstanding any other provision of law, $13,800,000 is
rescinded from the Department of Energy intended for
administrative funds, except that the Secretary of Energy
shall implement policies to reduce unnecessary energy costs
by the Department by $13,800,000.

SEC. __19. STRIKING AN EARMARK THAT INCREASES THE MEDICARE
PAYMENTS FOR SOME CALIFORNIA DOCTORS.

Notwithstanding any other provision of this Act, section
522, relating to adjustment to Medicare payment localities,
shall have no force or effect of law.

SEC. __20. NO NEW TAXES.

Notwithstanding any other provision of this Act, title IV,
relating to revenue offsets, shall have no force or effect of
law.
______