[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6072 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6072

 To establish a Commission to examine the long-term global challenges 
  facing the United States and develop legislative and administrative 
             proposals to improve interagency cooperation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2008

  Mr. Forbes introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
 Committee on Rules, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish a Commission to examine the long-term global challenges 
  facing the United States and develop legislative and administrative 
             proposals to improve interagency cooperation.

    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 ``Interagency Cooperation Commission 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal department.--The term ``Federal department'' 
        means any department, agency, or office that the President 
        designates from time to time as a cabinet-level department and 
        the Office of the Director of National Intelligence.
            (2) Interagency cooperation.--The term ``interagency 
        cooperation'' means the coordination, oversight, and 
        implementation of policy and operations between individual 
        Federal departments.

SEC. 3. ESTABLISHMENT OF THE COMMISSION.

    There is established a commission to be known as the ``Interagency 
Cooperation Commission'' (hereinafter referred to in this Act as the 
``Commission'').

SEC. 4. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall examine the long-term global 
challenges facing the United States and develop legislative and 
administrative proposals to improve interagency cooperation.
    (b) Issues To Be Addressed.--In developing such proposals, the 
Commission shall--
            (1) address the role and impact in facilitating or impeding 
        interagency cooperation of--
                    (A) tasking and resource authority within 
                interagency organizations or programs, including 
                personnel and acquisition decisions and the 
                accountability for such decisions;
                    (B) the annual Federal budget process and execution 
                of budgetary authority, including the specific process 
                for interagency organizations or programs;
                    (C) strategic planning, vision, values, goals, 
                policies, and procedures within each Federal 
                department;
                    (D) human resources policies and procedures, 
                including recruitment, training, exercises, education, 
                assignments, and career and leadership development;
                    (E) interoperability of equipment, and in 
                particular, communications and information technology 
                assets;
                    (F) Federal acquisition processes and regulations; 
                and
                    (G) congressional oversight and budgeting for 
                interagency government organizations or programs; and
            (2) examine the interdepartmental cooperation within the 
        Department of Defense, including the common organizational 
        structures, reference materials, and budget processes, and 
        examine the value of such structures as models for broader 
        government commonality.
    (c) Assessments To Include.--In addressing the issues in subsection 
(b), the Commission shall conduct a review and assessment of--
            (1) past challenges of government operations that were 
        significantly impacted by a lack of interagency cooperation;
            (2) past successful government operations that have 
        resulted, in part, from a high level of interagency 
        cooperation;
            (3) the impact of the Goldwater-Nichols Act (Public Law 99-
        433) within the Department of Defense and which recommended 
        reforms, if any, could be replicated to facilitate more 
        effective interagency cooperation;
            (4) the effectiveness of current interagency structures and 
        processes to engage in strategic planning, oversee and 
        implement long-term United States policy in global affairs, 
        such as an evaluation of joint interagency coordination groups, 
        the National Counterterrorism Center, United States embassies, 
        and unified combatant commands;
            (5) simulation-based assessments of global scenarios the 
        United States may face in the long-term, and recommendations 
        based on such Assessments to reform interagency processes to 
        effectively exploit future opportunities and threats; and
            (6) the legal decision-making authority and resources 
        needed in each Federal department and at the highest levels of 
        government to execute reforms proposed in the Commission's 
        legislative and administrative proposals.
    (d) Policy Solutions.--Legislative and administrative proposals 
developed to address the issues described in paragraph (b) may include 
reforms to--
            (1) interagency policy coordination structures and 
        processes, including the long-term interagency strategic 
        planning capabilities and processes within the United States 
        Government that support the National Security Strategy and 
        other Presidential level policy guidance;
            (2) interagency policy implementation and oversight 
        structures and processes, including but not limited to the 
        process for establishing decision-making authority, including 
        resources and personnel actions;
            (3) the annual Federal budgeting process, including 
        executive planning activities, legislative authorization and 
        appropriation activities, and execution activities, and 
        specifically reforms that promote or provide incentives for 
        interagency planning;
            (4) common standards and references utilized by Federal 
        departments, including using the same divisions of global 
        regions when creating intra-departmental structures;
            (5) strategic planning, vision, values, goals, policies, 
        and procedures within each Federal department;
            (6) human resources policies and procedures, including 
        recruitment, training, exercises, education, assignments, and 
        career and leadership development;
            (7) acquisition processes and regulations that reduce 
        unnecessary duplication of effort or improve interoperability;
            (8) the visibility of capabilities, information, and 
        expertise across the Federal government;
            (9) Congressional oversight of interagency organizations 
        and programs; and
            (10) any other reforms designed to address the issues 
        described in paragraph (b).

SEC. 5. HEARINGS.

    (a) In General.--The Commission shall hold at least 1 hearing for 
each Federal department and the National Security Council, and shall, 
to the extent feasible, ensure that there is broad participation in 
such hearings.
    (b) Hearing Format.--During each hearing, the Commission shall make 
a presentation to employees, hear testimony from appropriate officials 
and employees, and generate comments and suggestions regarding the 
issues described in section 4, policies designed to address such 
issues, and tradeoffs between such policies.

SEC. 6. REPORT.

    The Commission shall, not later than 1 year after the date of the 
enactment of this Act, submit a report to the Congress and the 
President containing--
            (1) a detailed description of the activities of the 
        Commission;
            (2) a summary of comments and suggestions generated from 
        the hearings;
            (3) a detailed description of the institutional interagency 
        problems faced by the United States and the consequences of not 
        addressing those problems;
            (4) a list of policy options for addressing those problems; 
        and
            (5) criteria for the legislative and administrative 
        proposals to be developed by the Commission.

SEC. 7. LEGISLATIVE AND ADMINISTRATIVE PROPOSALS.

    (a) Legislative Proposal.--
            (1) In general.--Not later than 60 days after the date on 
        which the report is submitted under section 6, and by a 
        unanimous vote of the members, the Commission shall submit a 
        legislative proposal to the Congress and the President 
        addressing the issues described in section 4.
            (2) Proposal requirements.--The proposal shall, to the 
        extent feasible, be designed to--
                    (A) improve the coordination and effectiveness of 
                Federal departments in order to better serve the Nation 
                and protect United States interests;
                    (B) meet the criteria set forth in the Commission 
                report described in section 6;
                    (C) be presented in two separate reports, with--
                            (i) one report that includes all 
                        legislative recommendations that do not affect 
                        Congressional oversight or budgeting; and
                            (ii) one report that includes changes to 
                        the Congressional oversight and budgeting 
                        process;
                    (D) ensure that the resulting legislation will not 
                be implemented before January 21, 2009; and
                    (E) allow the Commission, by majority vote, to 
                include supplemental recommendations that are not in 
                contravention of the original two reports submitted 
                under this subsection.
            (3) Inclusion of cost estimate.--The Commission shall 
        submit with the legislative proposal a long-term cost estimate 
        prepared by the Congressional Budget Office.
    (b) Administrative Proposal.--
            (1) In general.--Not later than 60 days after the date on 
        which the report is submitted under section 6, and by a 
        unanimous vote of the members, the Commission shall submit an 
        administrative proposal to the Congress, the President, and the 
        head of each Federal department addressing the issues described 
        in section 4.
            (2) Proposal requirements.--The proposal shall, to the 
        extent feasible, be designed to--
                    (A) improve the coordination and effectiveness of 
                Federal departments in order to better serve the Nation 
                and protect United States interests;
                    (B) meet the criteria set forth in the Commission 
                report described in section 6; and
                    (C) allow the Commission, by majority vote, to 
                include supplemental recommendations that are not in 
                contravention of the original report submitted under 
                this subsection.

SEC. 8. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of eight voting 
members appointed pursuant to paragraph (1) and two nonvoting members 
described in paragraph (2).
            (1) Voting members.--The Commission shall be composed of 
        eight voting members, of whom--
                    (A) two shall be appointed by the President, at 
                least one of which shall be a representative from the 
                National Security Council;
                    (B) two shall be appointed by the Speaker of the 
                House of Representatives;
                    (C) one shall be appointed by the minority leader 
                of the House of Representatives;
                    (D) two shall be appointed by the majority leader 
                of the Senate; and
                    (E) one shall be appointed by the minority leader 
                of the Senate.
            (2) Nonvoting members.--The Comptroller General of the 
        United States and the Director of the Congressional Budget 
        Office shall each be nonvoting members of the Commission and 
        shall advise and assist at the request of the Commission.
            (3) Co-chairpersons.--The President shall designate two co-
        chairpersons of the Commission from the members appointed under 
        paragraph (1), one of whom must be a Republican and one of whom 
        must be a Democrat.
    (b) Qualifications.--
            (1) In general.--The members should have knowledge and 
        expertise in matters to be studied by the Commission.
            (2) Former affiliations.--Members should have--
                    (A) executive branch or legislative branch 
                experience relating to two or more Federal departments;
                    (B) experience working in the National Security 
                Council; or
                    (C) served under Presidents from two different 
                political parties.
    (c) Limitations on Members of Congress.--
            (1) Members of congress on commission.--Each appointing 
        authority described in subsection (a)(1) who is a Member of 
        Congress may not appoint more than 1 Member of Congress to the 
        Commission.
            (2) Continuation of voting membership.--In the case of an 
        individual appointed pursuant to subsection (a)(1) who was 
        appointed while a Member of Congress, if such individual ceases 
        to be a Member of Congress, that individual shall cease to be a 
        member of the Commission.
    (d) Date for Original Appointment.--The appointing authorities 
described in subsection (a)(1) shall appoint the initial members of the 
Commission not later than 30 days after the date of the enactment of 
this Act.
    (e) Term.--
            (1) In general.--The term of each member is for the life of 
        the Commission.
            (2) Vacancies.--A vacancy in the Commission shall be filled 
        not later than 30 days after such vacancy occurs and in the 
        manner in which the original appointment was made.
    (f) Compensation.--
            (1) Compensation not permitted.--Except as provided in 
        paragraph (2), a member of the Commission may not receive pay, 
        allowances, or benefits by reason of their service on the 
        Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular place of business 
        in the performance of their duties on behalf of the Commission.

SEC. 9. MEETINGS.

    (a) In General.--The Commission shall meet upon the call of either 
of the co-chairpersons or a majority of its voting members.
    (b) Quorum.--Six voting members of the Commission shall constitute 
a quorum.

SEC. 10. DIRECTOR AND STAFF OF THE COMMISSION.

    (a) Director.--
            (1) In general.--Subject to subsection (c) and to the 
        extent provided in advance in appropriation Acts, the 
        Commission shall appoint and fix the pay of a Director.
            (2) Duties.--The Director of the Commission shall be 
        responsible for the administration and coordination of the 
        duties of the Commission and shall perform other such duties as 
        the Commission may direct.
    (b) Staff.--In accordance with rules agreed upon by the Commission, 
subject to subsection (c), and to the extent provided in advance in 
appropriation Acts, the Director may appoint and fix the pay of 
additional personnel.
    (c) Non-Applicability of Certain Civil Service Laws.--The Director 
and staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates, except that 
pay fixed under subsection (a) may not exceed $150,000 per year and pay 
fixed under subsection (b) may not exceed the rate payable for level V 
of the Executive Schedule under section 5316 of such title.
    (d) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of their 
regular employment without interruption.
    (e) Experts and Consultants.--In accordance with rules agreed upon 
by the Commission and to the extent provided in advance in 
appropriation Acts, the Director may procure the services of experts 
and consultants under section 3109(b) of title 5, United States Code, 
but at rates not to exceed the daily equivalent of the annual rate of 
basic pay for level V of the Executive Schedule under section 5316 of 
title 5, United States Code.

SEC. 11. POWERS OF THE COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for the purpose of 
carrying out this Act, hold such hearings (in addition to the hearings 
described in section 5), sit and act at such times and places, take 
such testimony, and receive such 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 under this section.
    (c) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other agencies and 
departments of the United States.
    (d) 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.
    (e) Contract Authority.--To the extent provided in advance in 
appropriation Acts, the Commission may enter into contracts to enable 
the Commission to discharge its duties under this Act.
    (f) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 12. TERMINATION.

    The Commission shall terminate 30 days after the submission of both 
the legislative and administrative proposals described in section 7.

SEC. 13. ALTERNATIVE LEGISLATIVE PROPOSAL OF THE PRESIDENT.

    The President may, not later than 90 calendar days after the 
Commission submits its legislative proposal, submit to the Congress an 
alternative to the legislative proposal submitted by the Commission.

SEC. 14. CONSIDERATION OF LEGISLATION.

    (a) Introduction of Legislation.--Not later than the fifth 
legislative day after the Commission submits its legislative proposal, 
the majority leader of each House of the Congress, or his designee, 
shall introduce (by request) legislation containing the legislative 
proposal submitted by the Commission.
    (b) In the House of Representatives.--
            (1) Privileged consideration.--In the House of 
        Representatives, the legislation described in subsection (a) 
        shall be referred sequentially through each committee of 
        jurisdiction, and if after a period of 25 legislative days the 
        committee has not reported the legislation, then--
                    (A) that committee shall be discharged from 
                consideration of the legislation;
                    (B) the legislation shall be referred to the next 
                committee or jurisdiction, or, if it were discharged 
                from the last committee of referral, the legislation 
                will be placed on the appropriate calendar; and
                    (C) a motion to proceed to the consideration of the 
                legislation shall be highly privileged and shall not be 
                debatable, and a motion to reconsider the vote by which 
                the motion is disposed of shall not be in order.
            (2) Consideration.--The procedures set forth in paragraphs 
        (1), (2), (5), and (6) of section 305(a) of the Congressional 
        Budget Act of 1974 pertaining to a concurrent resolution on the 
        budget shall apply to the legislation described in subsection 
        (a) to the extent not inconsistent with this Act.
    (c) In the Senate.--
            (1) Privileged consideration.--In the Senate, the 
        legislation described in subsection (a) shall be referred 
        sequentially through each committee of jurisdiction, and if 
        after a period of 25 legislative days the committee has not 
        reported the legislation, then--
                    (A) that committee shall be discharged from 
                consideration of the legislation;
                    (B) the legislation shall be referred to the next 
                committee or jurisdiction, or, if it were discharged 
                from the last committee of referral, the legislation 
                will be placed on the appropriate calendar; and
                    (C) a motion to proceed to the consideration of the 
                legislation is highly privileged and shall not 
                debatable.
            (2) Consideration.--The procedures set forth in paragraphs 
        (1), (2), (5), and (6) of section 305(b) of the Congressional 
        Budget Act of 1974 pertaining to a concurrent resolution on the 
        budget shall apply to the legislation described in subsection 
        (a) to the extent not inconsistent with this Act.
    (d) Rulemaking Power.--The provisions of this section are enacted 
by the Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and is deemed 
        to be 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 a bill introduced pursuant to this 
        section, 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 they relate 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. 15. CONSTITUTIONAL AUTHORITY.

    The Constitutional authority for this Act is the power of Congress 
to make all laws which shall be necessary and proper as enumerated in 
article I, section 8 of the United States Constitution.
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