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Text of the Cost Savings Enhancements Act of 2012

This bill was introduced on February 9, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 9, 2012 (Introduced).

Source: GPO

II

112th CONGRESS

2d Session

S. 2085

IN THE SENATE OF THE UNITED STATES

February 9, 2012

(for himself, Mr. Johnson of Wisconsin, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To strengthen employee cost savings suggestions programs within the Federal Government.

1.

Short title

This Act may be cited as the Cost Savings Enhancements Act of 2012.

2.

Cost savings enhancements

(a)

In general

Section 4512 of title 5, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by inserting or identification of surplus funds or unnecessary budget authority after mismanagement;

(B)

in paragraph (2), by inserting or identification after disclosure; and

(C)

in the matter following paragraph (2), by inserting or identification after disclosure; and

(2)

by adding at the end the following:

(c)

The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus funds or unnecessary budget authority identified by an employee, along with any recommendations of the Inspector General or other agency employee.

(d)
(1)

If the Chief Financial Officer of an agency determines that rescission of potential surplus funds or unnecessary budget authority identified by an employee would not hinder the effectiveness of the agency, except as provided in subsection (e), the head of the agency shall transfer the amount of the surplus funds or unnecessary budget authority from the applicable appropriations account to the general fund of the Treasury.

(2)

Title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) shall not apply to transfers under paragraph (1).

(3)

Any amounts transferred under paragraph (1) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).

(e)

The head of an agency may retain not more than 10 percent of amounts to be transferred to the general fund of the Treasury under subsection (d) for the purpose of paying a cash award under subsection (a) to the employee who identified the surplus funds or unnecessary budget authority.

(f)
(1)

The head of each agency shall submit to the Director of the Office of Personnel Management an annual report regarding—

(A)

each disclosure of possible fraud, waste, or mismanagement or identification of potentially surplus funds or unnecessary budget authority by an employee of the agency determined by the agency to have merit;

(B)

the total savings achieved through disclosures and identifications described in subparagraph (A); and

(C)

the number and amount of cash awards by the agency under subsection (a).

(2)
(A)

The head of each agency shall include the information described in paragraph (1) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code.

(B)

The Director of the Office of Personnel Management shall submit to Congress and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports submitted under subparagraph (A).

(g)

The Director of the Office of Personnel Management shall—

(1)

ensure that the cash award program of each agency complies with this section; and

(2)

submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section.

(h)

Not later than 3 years after the date of enactment of the Cost Savings Enhancements Act of 2012, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report on the operation of the cost savings and awards program under this section, including any recommendations for legislative changes.

.

(b)

Officers eligible for cash awards

(1)

In general

Section 4509 of title 5, United States Code, is amended to read as follows:

4509.

Prohibition of cash award to certain officers

(a)

Definitions

In this section, the term agency

(1)

has the meaning given that term under section 551(1); and

(2)

includes an entity described in section 4501(1).

(b)

Prohibition

An officer may not receive a cash award under this subchapter if the officer—

(1)

serves in a position at level I of the Executive Schedule;

(2)

is the head of an agency; or

(3)

is a commissioner, board member, or other voting member of an independent establishment.

.

(2)

Technical and conforming amendment

The table of sections for chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4509 and inserting the following:

4509. Prohibition of cash award to certain officers.

.