[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3137 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 667
115th CONGRESS
  2d Session
                                S. 3137

                          [Report No. 115-381]

To provide for reforming agencies of the Federal Government to improve 
                     efficiency and effectiveness.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2018

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

                           November 26, 2018

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To provide for reforming agencies of the Federal Government to improve 
                     efficiency and effectiveness.

    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 ``Reforming Government Act of 2018''.

SEC. 2. PROVIDING CONSOLIDATION AUTHORITY.

    (a) Definitions.--Section 902 of title 5, United States Code, is 
amended--
            (1) by redesignating paragraph (2) as paragraph (4) and 
        moving that paragraph to appear after paragraph (3);
            (2) by inserting after paragraph (1) the following:
            ``(2) `efficiency-enhancing plan' means a reorganization 
        plan that the Director of the Office of Management and Budget 
        determines will result in, or is likely to result in--
                    ``(A) a decrease in the number of agencies; or
                    ``(B) cost savings in performing the functions that 
                are the subject of that plan;'';
            (3) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (4) in paragraph (4), as so redesignated--
                    (A) by striking ``or abolition'' and inserting 
                ``abolition, or creation''; and
                    (B) by striking ``; and'' and inserting a period.
    (b) Modernizing Reorganization Authority.--
            (1) Limitation on powers.--Section 905(a) of title 5, 
        United States Code, is amended--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) abolishing or transferring an independent regulatory 
        agency, or all the functions thereof, or consolidating 2 or 
        more independent regulatory agencies, or all the functions 
        thereof;'';
                    (B) by striking paragraph (5); and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (5) and (6), respectively.
        <DELETED>    (2) Reorganization plans.--Section 903(a) of title 
        5, United States Code, is amended--</DELETED>
                <DELETED>    (A) in paragraph (5), by striking 
                ``or'';</DELETED>
                <DELETED>    (B) in paragraph (6), by striking the 
                period and inserting ``; or''; and</DELETED>
                <DELETED>    (C) by inserting after paragraph (6) the 
                following:</DELETED>
        <DELETED>    ``(7) the creation of a new agency that is not a 
        component or part of an existing executive department or 
        independent agency.''.</DELETED>
            (2) Reorganization plans.--Chapter 9 of title 5, United 
        States Code, is amended--
                    (A) in section 903--
                            (i) in the section heading by inserting ``; 
                        permissible actions'' after ``Reorganization 
                        plans'';
                            (ii) in subsection (a)--
                                    (I) by striking ``(a) Whenever'' 
                                and inserting ``Whenever'';
                                    (II) in paragraph (5), by striking 
                                ``or'';
                                    (III) in paragraph (6), by striking 
                                the period and inserting ``; or'';
                                    (IV) by inserting after paragraph 
                                (6) following:
            ``(7) the creation of a new agency that is not a component 
        or part of an existing executive department or independent 
        agency.''; and
                                    (V) by striking the matter 
                                following paragraph (7), as so added; 
                                and
                            (iii) by striking subsections (b) and (c); 
                        and
                    (B) in section 904--
                            (i) by striking the section heading and 
                        inserting ``Contents of reorganization plans; 
                        amendment procedures'';
                            (ii) by striking the matter preceding 
                        paragraph (1) and inserting the following:
    ``(a) A reorganization plan prepared by the President under section 
903--''
                            (iii) in subsection (a), as so added--
                                    (I) by redesignating paragraphs (1) 
                                and (2) as paragraphs (9) and (10), 
                                respectively;
                                    (II) in paragraph (4), by striking 
                                ``and'' at the end;
                                    (III) in paragraph (5), by striking 
                                the period at the end and inserting a 
                                semicolon;
                                    (IV) by redesignating paragraphs 
                                (3), (4), and (5) as paragraphs (6), 
                                (7), and (8), respectively;
                                    (V) by inserting after the matter 
                                preceding paragraph (9), as so 
                                redesignated, the following:
            ``(1) shall be transmitted by the President (bearing an 
        identification number) to Congress together with a declaration 
        that, with respect to each reorganization included in the plan, 
        the President has found, in consultation with the affected 
        agencies, that the reorganization is necessary to carry out a 
        policy set forth in section 901(a);
            ``(2) shall be delivered to both Houses on the same day and 
        to each House while it is in session;
            ``(3) shall specify, with respect to each transfer, 
        consolidation, coordination, authorization, abolition, or 
        creation of a function included in the plan, the statutory 
        authority for the exercise of the function;
            ``(4) shall--
                    ``(A) provide a financial analysis estimating any 
                reduction or increase in expenditures (itemized so far 
                as practicable) associated with maximizing the net 
                benefits of implementation of the plan, using both 
                quantitative and qualitative measures, according to 
                cost-benefit analysis practices set by Executive orders 
                and the Office of Management and Budget; and
                    ``(B) describe any improvements in management, 
                delivery of Federal services, or execution of the laws 
                and any increases in efficiency of Government 
                operations that are expected to be realized as a result 
                of the reorganizations included in the plan;
            ``(5) shall include an implementation section that shall--
                    ``(A) describe in detail--
                            ``(i) the actions necessary or planned to 
                        complete the reorganization;
                            ``(ii) the anticipated nature and substance 
                        of any orders, directives, or other 
                        administrative or operational actions that are 
                        expected to be required for completing or 
                        implementing the reorganization; and
                            ``(iii) any preliminary actions that have 
                        been taken in the implementation process;
                    ``(B) contain a projected timetable for completion 
                of the implementation process; and
                    ``(C) describe how the affected agencies and the 
                Office of Management and Budget will measure 
                performance of the implementation of the reorganization 
                plan;'';
                                    (VI) in paragraph (7), as so 
                                redesignated--
                                            (aa) by striking ``such 
                                        unexpended'' and inserting 
                                        ``unexpended''; and
                                            (bb) by striking 
                                        ``reorganization, as the 
                                        President'' and inserting the 
                                        following: ``reorganization, to 
                                        the extent--
                    ``(A) with respect to unexpended balances, the 
                balances will be used for the purposes for which the 
                appropriation was originally made; and
                    ``(B) the President'';
                                    (VII) by transferring paragraphs 
                                (9) and (10), as so redesignated, to 
                                appear after paragraph (8), as so 
                                redesignated;
                                    (VIII) in paragraph (9), as 
                                redesignated and transferred, by 
                                inserting ``and'' at the end;
                                    (IX) in paragraph (10), as 
                                redesignated and transferred, by 
                                striking the semicolon and inserting a 
                                period; and
                                    (X) by striking the matter 
                                following paragraph (10), as 
                                redesignated and transferred; and
                            (iv) by adding at the end the following:
    ``(b) Not later than 30 days after the date of the request, the 
President shall submit to Congress any background or other information 
requested by Congress in connection with its consideration of a 
reorganization plan.
    ``(c) Any time during the period of 60 calendar days of continuous 
session of Congress after the date on which a reorganization plan is 
transmitted to Congress, unless a resolution described in section 909 
relating to the plan has been ordered reported in either House, the 
President may make amendments or modifications to the plan, consistent 
with sections 903 and 905 and this section, which modifications or 
revisions shall thereafter be treated as a part of the reorganization 
plan originally transmitted and shall not affect the time limits 
otherwise provided for in this chapter. The President may withdraw the 
plan any time before the end of the period of 90 calendar days of 
continuous session of Congress following the date on which the plan is 
submitted to Congress.
    ``(d) A reorganization plan transmitted by the President in 
accordance with subsection (a)(10)--
            ``(1) may not eliminate an enforcement function or 
        statutory program;
            ``(2) may provide that the head of an agency be an 
        individual or a commission or board with more than 1 member; 
        and
            ``(3) in the case of an appointment of the head of such an 
        agency--
                    ``(A) may not fix the term of office at more than 4 
                years;
                    ``(B) may not fix the rate of basic pay to be in 
                excess of the amount found by the President to be 
                applicable to comparable officers in the executive 
                branch; and
                    ``(C) if the appointment is not to a position in 
                the competitive service, shall require appointment to 
                the position to be by the President, by and with the 
                advice and consent of the Senate.
    ``(e) Not more than 3 reorganization plans may be pending before 
Congress at 1 time.''.
            (3) Technical and conforming amendments.--Chapter 9 of 
        title 5, United States Code, is amended--
                    (A) in section 910(a), by striking ``903'' and 
                inserting ``904''; and
                    (B) in the table of sections, by striking the items 
                relating to sections 903 and 904 and inserting the 
                following:

``903. Reorganization plans; permissible actions.
``904. Contents of reorganization plans; amendment procedures.''.

SEC. 3. DURATION AND SCOPE OF AUTHORITY.

    (a) In General.--Section 905(b)
            (1) Transmission to congress.--Section 905(b) of title 5, 
        United States Code, is amended by striking ``if the plan'' and 
        all that follows and inserting the following: ``if the plan 
        is--
            ``(1) transmitted to Congress (in accordance with section 
        903(b)) section 904) on or before the date that is 2 years 
        after the date of enactment of the Reforming Government Act of 
        2018; and
            ``(2) an efficiency-enhancing plan.''.
            (2) Approval.--Section 905 of title 5, United States Code, 
        is amended by adding at the end the following:
    ``(c) Any reorganization plan prepared by the President (in 
accordance section 903 and subsection (a) of this section) that 
purports to advance the policies described in section 901(a) shall be 
subject to the approval process under this chapter, absent an 
independent statutory authority to implement the plan. If the President 
implements a reorganization plan that advances policies described in 
section 901(a) and relies on an independent statutory authority, the 
President shall transmit to Congress an explanation of the plan and its 
independent statutory authority consistent with the requirements of 
sections 903 and 904 and this section, which Congress may use, at its 
discretion, to conduct oversight of the reorganization plan for any 
purpose consistent with the mandates of Congress under Article I of the 
Constitution of the United States.''.
    (b) Effective Date and Publication of Reorganization Plans.--
Section 906 of title 5, United States Code, is amended by adding at the 
end the following:
    ``(e) Not later than 1 year after the date on which a 
reorganization plan takes effect, and upon request by any Member of 
Congress, the President shall transmit to Congress a report describing 
in detail--
            ``(1) the steps taken to implement the reorganization plan;
            ``(2) any improvements to performance that occurred as a 
        result of implementation of the reorganization plan;
            ``(3) the costs expended and amounts saved during the 
        period beginning on the date on which the reorganization plan 
        took effect and ending on the date on which the report is 
        submitted; and
            ``(4) the costs projected to be expended and amounts 
        projected to be saved during--
                    ``(A) the period beginning on the date on which the 
                reorganization plan took effect and ending on the date 
                that is 5 years after that effective date; and
                    ``(B) the period beginning on the date on which the 
                reorganization plan took effect and ending on the date 
                that is 10 years after that effective date.''.
    (b)(c) Exercise of Rulemaking Power.--Section 908(1) of title 5, 
United States Code, is amended by striking ``section 903(b) of this 
chapter) on or before December 31, 1984'' and inserting `` title) 
section 904) on or before the date that is 2 years after the date of 
enactment of the Reforming Government Act of 2018''.
    (c)(d) Terms of Resolution.--Section 909 of title 5, United States 
Code, is amended--
            (1) by striking ``the matter after the resolving clause'' 
        and all that follows through ``such modifications'' and 
        inserting ``the matter after the resolving clause of which is 
        as follows: `That Congress approves the reorganization plan 
        numbered _____ transmitted to Congress by the President on 
        ___________.', and includes such modifications''; and
        <DELETED>    (2) by striking ``chapter'' and inserting 
        ``title''.</DELETED>
            (2) by striking ``section 903(c) of this chapter'' and 
        inserting ``section 904(c)''.
    (e) Introduction and Reference of Resolution.--Section 910 of title 
5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Government Operations Committee 
                of the House'' and inserting ``Committee on Oversight 
                and Government Reform of the House of 
                Representatives''; and
                    (B) by striking ``Governmental Affairs Committee of 
                the Senate'' and inserting ``Committee on Homeland 
                Security and Governmental Affairs of the Senate'';
            (2) in subsection (b), by striking ``Committee on 
        Governmental Affairs of the Senate and the Committee on 
        Government Operations of the House'' and inserting ``Committee 
        on Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Government Reform of the House 
        of Representatives''; and
            (3) by adding at the end the following:
    ``(c)(1) After a resolution with respect to a reorganization plan 
is referred to committee under subsection (b), the Congressional Budget 
Office shall perform a financial analysis of the reorganization plan.
    ``(2) The 75-day period under subsection (b) and section 911 shall 
be tolled and it shall not be in order in the Senate or House of 
Representatives for a committee to report or for a Member to move to 
discharge a resolution until the earlier of--
            ``(A) 45 days after the date on which the resolution was 
        referred to the committee; or
            ``(B) the date on which the committee receives the 
        financial analysis of the Congressional Budget Office.''.
    (f) Procedure After Report or Discharge of Committee, Debate, Vote 
on Final Passage.--Section 912 of title 5, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in the first sentence, by striking ``ten'' and 
                inserting ``30''; and
                    (B) in the second sentence, by striking ``is in 
                order and not debatable'' and inserting ``is not in 
                order''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c)(1)(A) In the Senate, immediately following the conclusion of 
the period of debate on a resolution relating to a reorganization plan 
under subsection (b), including any debate on any motions and appeals, 
and a single quorum call at the conclusion of the debate, if requested 
in accordance with the rules of the Senate, the Senate shall vote on 
passage of the resolution.
    ``(B) A vote under subparagraph (A) shall be agreed to only upon 
the affirmative vote of three-fifths of the Members, duly chosen and 
sworn, unless the resolution is cosponsored by not less than 5 Senators 
who are members of, or caucus with, the party in the minority in the 
Senate and by not less than 5 Senators who are members of, or caucus 
with, the party in the majority in the Senate, in which case the 
resolution shall be agreed to upon an affirmative vote of a majority of 
those voting, a quorum being present.
    ``(2) In the House of Representatives, immediately following the 
conclusion of the debate on the resolution with respect to a 
reorganization plan, and a single quorum call at the conclusion of the 
debate if requested in accordance with the rules of the House of 
Representatives, the House of Representatives shall vote on passage of 
the resolution.''.

SEC. 4. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
                                                       Calendar No. 667

115th CONGRESS

  2d Session

                                S. 3137

                          [Report No. 115-381]

_______________________________________________________________________

                                 A BILL

To provide for reforming agencies of the Federal Government to improve 
                     efficiency and effectiveness.

_______________________________________________________________________

                           November 26, 2018

                        Reported with amendments