Short title

This Act may be cited as the Interagency Cooperation Commission Act.

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.

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).

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).

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.

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.

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

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.

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.

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.

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.

12.

Termination

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

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.

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.

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.