,,ii ,calendar ,no4 #ffg #aaeth ,,congress #b;d ,session ,s4 #cacg ,report ,no4 #aae-cha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjah,mr4 ,johnson 7for himself1 ,mr4 ,lankford1 and ,ms4 ,heitkamp7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,november #bf1 #bjah,reported by ,mr4 ,johnson1 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 effectiveness4 #a4 ,short title ,this ,act may be cited as the ,reforming ,government ,act of #bjah4 #b4 ,providing consolidation authority 7a7 ,definitions ,section #ijb of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#d7 and moving that paragraph to appear after paragraph 7#c72 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 efficiency-enhancing plan means a reorganization plan that the ,director of the ,office of ,management and ,budget determines will result in1 or is likely to result in-- 7,a7 a decrease in the number of agencies2 or 7,b7 cost savings in performing the functions that are the subject of that plan2 2 7#c7 in paragraph 7#c71 by striking the period and inserting 2 and2 and 7#d7 in paragraph 7#d71 as so redesignated-- 7,a7 by striking or abolition and inserting abolition1 or creation2 and 7,b7 by striking 2 and and inserting a period4 7b7 ,modernizing reorganization authority 7#a7 ,limitation on powers ,section #ije7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 abolishing or transferring an independent regulatory agency1 or all the functions thereof1 or consolidating #b or more independent regulatory agencies1 or all the functions thereof2 2 7,b7 by striking paragraph 7#e72 and 7,c7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#e7 and 7#f71 respectively4 7#b7 ,reorganization plans ,section #ijc7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#e71 by striking or2 7,b7 in paragraph 7#f71 by striking the period and inserting 2 or2 and 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 the creation of a new agency that is not a component or part of an existing executive department or independent agency4 4 7#b7 ,reorganization plans ,chapter #i of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #ijc-- 7i7 in the section heading by inserting 2 permissible actions after ,reorganization plans2 7ii7 in subsection 7a7-- 7,i7 by striking 7a7 ,whenever and inserting ,whenever2 7,,ii7 in paragraph 7#e71 by striking or2 7,,iii7 in paragraph 7#f71 by striking the period and inserting 2 or2 7,,iv7 by inserting after paragraph 7#f7 following3 7#g7 the creation of a new agency that is not a component or part of an existing executive department or independent agency4 2 and 7,v7 by striking the matter following paragraph 7#g71 as so added2 and 7iii7 by striking subsections 7b7 and 7c72 and 7,b7 in section #ijd-- 7i7 by striking the section heading and inserting ,contents of reorganization plans2 amendment procedures2 7ii7 by striking the matter preceding paragraph 7#a7 and inserting the following3 7a7 ,a reorganization plan prepared by the ,president under section #ijc-- 7iii7 in subsection 7a71 as so added-- 7,i7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#i7 and 7#aj71 respectively2 7,,ii7 in paragraph 7#d71 by striking and at the end2 7,,iii7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 7,,iv7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 7,v7 by inserting after the matter preceding paragraph 7#i71 as so redesignated1 the following3 7#a7 shall be transmitted by the ,president 7bearing an identification number7 to ,congress together with a declaration that1 with respect to each reorganization included in the plan1 the ,president has found1 in consultation with the affected agencies1 that the reorganization is necessary to carry out a policy set forth in section #ija7;a72 7#b7 shall be delivered to both ,houses on the same day and to each ,house while it is in session2 7#c7 shall specify1 with respect to each transfer1 consolidation1 coordination1 authorization1 abolition1 or creation of a function included in the plan1 the statutory authority for the exercise of the function2 7#d7 shall-- 7,a7 provide a financial analysis estimating any reduction or increase in expenditures 7itemized so far as practicable7 associated with maximizing the net benefits of implementation of the plan1 using both quantitative and qualitative measures1 according to cost-benefit analysis practices set by ,executive orders and the ,office of ,management and ,budget2 and 7,b7 describe any improvements in management1 delivery of ,federal services1 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 plan2 7#e7 shall include an implementation section that shall-- 7,a7 describe in detail-- 7i7 the actions necessary or planned to complete the reorganization2 7ii7 the anticipated nature and substance of any orders1 directives1 or other administrative or operational actions that are expected to be required for completing or implementing the reorganization2 and 7iii7 any preliminary actions that have been taken in the implementation process2 7,b7 contain a projected timetable for completion of the implementation process2 and 7,c7 describe how the affected agencies and the ,office of ,management and ,budget will measure performance of the implementation of the reorganization plan2 2 7,,vi7 in paragraph 7#g71 as so redesignated-- 7aa7 by striking such unexpended and inserting unexpended2 and 7bb7 by striking reorganization1 as the ,president and inserting the following3 8reorganization1 to the extent-- 7,a7 with respect to unexpended balances1 the balances will be used for the purposes for which the appropriation was originally made2 and 7,b7 the ,president 2 7,,vii7 by transferring paragraphs 7#i7 and 7#aj71 as so redesignated1 to appear after paragraph 7#h71 as so redesignated2 7,,viii7 in paragraph 7#i71 as redesignated and transferred1 by inserting and at the end2 7,,ix7 in paragraph 7#aj71 as redesignated and transferred1 by striking the semicolon and inserting a period2 and 7,x7 by striking the matter following paragraph 7#aj71 as redesignated and transferred2 and 7iv7 by adding at the end the following3 7b7 ,not later than #cj days after the date of the request1 the ,president shall submit to ,congress any background or other information requested by ,congress in connection with its consideration of a reorganization plan4 7c7 ,any time during the period of #fj calendar days of continuous session of ,congress after the date on which a reorganization plan is transmitted to ,congress1 unless a resolution described in section #iji relating to the plan has been ordered reported in either ,house1 the ,president may make amendments or modifications to the plan1 consistent with sections #ijc and #ije and this section1 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 chapter4 ,the ,president may withdraw the plan any time before the end of the period of #ij calendar days of continuous session of ,congress following the date on which the plan is submitted to ,congress4 7d7 ,a reorganization plan transmitted by the ,president in accordance with subsection 7a77#aj7-- 7#a7 may not eliminate an enforcement function or statutory program2 7#b7 may provide that the head of an agency be an individual or a commission or board with more than #a member2 and 7#c7 in the case of an appointment of the head of such an agency-- 7,a7 may not fix the term of office at more than #d years2 7,b7 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 branch2 and 7,c7 if the appointment is not to a position in the competitive service1 shall require appointment to the position to be by the ,president1 by and with the advice and consent of the ,senate4 7e7 ,not more than #c reorganization plans may be pending before ,congress at #a time4 4 7#c7 ,technical and conforming amendments ,chapter #i of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #iaj7;a71 by striking #ijc and inserting #ijd2 and 7,b7 in the table of sections1 by striking the items relating to sections #ijc and #ijd and inserting the following3 #ijc4 ,reorganization plans2 permissible actions4#ijd4 ,contents of reorganization plans2 amendment procedures4 4 #c4 ,duration and scope of authority 7a7 ,in general ,section #ije7;b7 7#a7 ,transmission to ,congress ,section #ije7;b7 of title #e1 ,united ,states ,code1 is amended by striking if the plan and all that follows and inserting the following3 8if the plan is-- 7#a7 transmitted to ,congress 7in accordance with section #ijc7;b77section #ijd7 on or before the date that is #b years after the date of enactment of the ,reforming ,government ,act of #bjah2 and 7#b7 an efficiency-enhancing plan4 4 7#b7 ,approval ,section #ije of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,any reorganization plan prepared by the ,president 7in accordance section #ijc and subsection 7a7 of this section7 that purports to advance the policies described in section #ija7;a7 shall be subject to the approval process under this chapter1 absent an independent statutory authority to implement the plan4 ,if the ,president implements a reorganization plan that advances policies described in section #ija7;a7 and relies on an independent statutory authority1 the ,president shall transmit to ,congress an explanation of the plan and its independent statutory authority consistent with the requirements of sections #ijc and #ijd and this section1 which ,congress may use1 at its discretion1 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 ,states4 4 7b7 ,effective date and publication of reorganization plans ,section #ijf of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,not later than #a year after the date on which a reorganization plan takes effect1 and upon request by any ,member of ,congress1 the ,president shall transmit to ,congress a report describing in detail-- 7#a7 the steps taken to implement the reorganization plan2 7#b7 any improvements to performance that occurred as a result of implementation of the reorganization plan2 7#c7 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 submitted2 and 7#d7 the costs projected to be expended and amounts projected to be saved during-- 7,a7 the period beginning on the date on which the reorganization plan took effect and ending on the date that is #e years after that effective date2 and 7,b7 the period beginning on the date on which the reorganization plan took effect and ending on the date that is #aj years after that effective date4 4 7b77c7 ,exercise of rulemaking power ,section #ijh7a7 of title #e1 ,united ,states ,code1 is amended by striking section #ijc7;b7 of this chapter7 on or before ,december #ca1 #aihd and inserting title7section #ijd7 on or before the date that is #b years after the date of enactment of the ,reforming ,government ,act of #bjah4 7c77d7 ,terms of resolution ,section #iji of title #e1 ,united ,states ,code1 is amended-- 7#a7 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 follows3 ,that ,congress approves the reorganization plan numbered transmitted to ,congress by the ,president on 41 and includes such modifications2 and 7#b7 by striking chapter and inserting title4 7#b7 by striking section #ijc7;c7 of this chapter and inserting section #ijd7;c74 7e7 ,introduction and reference of resolution ,section #iaj of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,government ,operations ,committee of the ,house and inserting ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7,b7 by striking ,governmental ,affairs ,committee of the ,senate and inserting ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 in subsection 7b71 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 ,representatives2 and 7#c7 by adding at the end the following3 7c7 7#a7 ,after a resolution with respect to a reorganization plan is referred to committee under subsection 7b71 the ,congressional ,budget ,office shall perform a financial analysis of the reorganization plan4 7#b7 ,the #ge-;day period under subsection 7b7 and section #iaa 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-- 7,a7 #de days after the date on which the resolution was referred to the committee2 or 7,b7 the date on which the committee receives the financial analysis of the ,congressional ,budget ,office4 4 7f7 ,procedure after report or discharge of committee1 debate1 vote on final passage ,section #iab of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the first sentence1 by striking ten and inserting #cj2 and 7,b7 in the second sentence1 by striking is in order and not debatable and inserting is not in order2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 7#a7 7,a7 ,in the ,senate1 immediately following the conclusion of the period of debate on a resolution relating to a reorganization plan under subsection 7b71 including any debate on any motions and appeals1 and a single quorum call at the conclusion of the debate1 if requested in accordance with the rules of the ,senate1 the ,senate shall vote on passage of the resolution4 7,b7 ,a vote under subparagraph 7,a7 shall be agreed to only upon the affirmative vote of three-fifths of the ,members1 duly chosen and sworn1 unless the resolution is cosponsored by not less than #e ,senators who are members of1 or caucus with1 the party in the minority in the ,senate and by not less than #e ,senators who are members of1 or caucus with1 the party in the majority in the ,senate1 in which case the resolution shall be agreed to upon an affirmative vote of a majority of those voting1 a quorum being present4 7#b7 ,in the ,house of ,representatives1 immediately following the conclusion of the debate on the resolution with respect to a reorganization plan1 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,house of ,representatives1 the ,house of ,representatives shall vote on passage of the resolution4 4 #d4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of the provisions of such to any person or circumstance shall not be affected thereby4 ,november #bf1 #bjah,reported with amendments