I 

111TH CONGRESS 

1ST SESSION H. R. 2207 

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 

APRIL 30, 2009 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Interagency Coopera5 tion Commission Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) FEDERAL DEPARTMENT.—The term ‘‘Fed2 eral department’’ means any department, agency, or 

3 office that the President designates from time to 

4 time as a cabinet-level department and the Office of 

5 the Director of National Intelligence. 

6 (2) INTERAGENCY COOPERATION.—The term 

7 ‘‘interagency cooperation’’ means the coordination, 

8 oversight, and implementation of policy and oper9 ations between individual Federal departments. 

10 SEC. 3. ESTABLISHMENT OF THE COMMISSION. 

11 There is established a commission to be known as the 

12 ‘‘Interagency Cooperation Commission’’ (hereinafter re13 ferred to in this Act as the ‘‘Commission’’). 

14 SEC. 4. DUTIES OF THE COMMISSION. 

15 (a) IN GENERAL.—The Commission shall examine 

16 the long-term global challenges facing the United States 

17 and develop legislative and administrative proposals to im18 prove interagency cooperation. 

19 (b) ISSUES TO BE ADDRESSED.—In developing such 

20 proposals, the Commission shall— 

21 (1) address the role and impact in facilitating 

22 or impeding interagency cooperation of— 

23 (A) tasking and resource authority within 

24 interagency organizations or programs, includVerDate Nov 24 2008 20:44 May 03, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2207.IH H2207

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1 ing personnel and acquisition decisions and the 

2 accountability for such decisions; 

3 (B) the annual Federal budget process and 

4 execution of budgetary authority, including the 

5 specific process for interagency organizations or 

6 programs; 

7 (C) strategic planning, vision, values, 

8 goals, policies, and procedures within each Fed9 eral department; 

10 (D) human resources policies and proce11 dures, including recruitment, training, exer12 cises, education, assignments, and career and 

13 leadership development; 

14 (E) interoperability of equipment, and in 

15 particular, communications and information 

16 technology assets; 

17 (F) Federal acquisition processes and reg18 ulations; and 

19 (G) congressional oversight and budgeting 

20 for interagency government organizations or 

21 programs; and 

22 (2) examine the interdepartmental cooperation 

23 within the Department of Defense, including the 

24 common organizational structures, reference mate25 rials, and budget processes, and examine the value 


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1 of such structures as models for broader government 

2 commonality. 

3 (c) ASSESSMENTS TO INCLUDE.—In addressing the 

4 issues in subsection (b), the Commission shall conduct a 

5 review and assessment of— 

6 (1) past challenges of government operations 

7 that were significantly impacted by a lack of inter8 agency cooperation; 

9 (2) past successful government operations that 

10 have resulted, in part, from a high level of inter11 agency cooperation; 

12 (3) the impact of the Goldwater-Nichols Act 

13 (Public Law 99–433) within the Department of De14 fense and which recommended reforms, if any, could 

15 be replicated to facilitate more effective interagency 

16 cooperation; 

17 (4) the effectiveness of current interagency 

18 structures and processes to engage in strategic plan19 ning, oversee and implement long-term United 

20 States policy in global affairs, such as an evaluation 

21 of joint interagency coordination groups, the Na22 tional Counterterrorism Center, United States em23 bassies, and unified combatant commands; 

24 (5) simulation-based assessments of global sce25 narios the United States may face in the long-term, 


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1 and recommendations based on such Assessments to 

2 reform interagency processes to effectively exploit fu3 ture opportunities and threats; and 

4 (6) the legal decisionmaking authority and re5 sources needed in each Federal department and at 

6 the highest levels of government to execute reforms 

7 proposed in the Commission’s legislative and admin8 istrative proposals. 

9 (d) POLICY SOLUTIONS.—Legislative and adminis10 trative proposals developed to address the issues described 

11 in paragraph (b) may include reforms to— 

12 (1) interagency policy coordination structures 

13 and processes, including the long-term interagency 

14 strategic planning capabilities and processes within 

15 the United States Government that support the Na16 tional Security Strategy and other Presidential level 

17 policy guidance; 

18 (2) interagency policy implementation and over19 sight structures and processes, including but not 

20 limited to the process for establishing decision21 making authority, including resources and personnel 

22 actions; 

23 (3) the annual Federal budgeting process, in24 cluding executive planning activities, legislative au25 thorization and appropriation activities, and execuVerDate Nov 24 2008 20:44 May 03, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2207.IH H2207

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1 tion activities, and specifically reforms that promote 

2 or provide incentives for interagency planning; 

3 (4) common standards and references utilized 

4 by Federal departments, including using the same 

5 divisions of global regions when creating 

6 intradepartmental structures; 

7 (5) strategic planning, vision, values, goals, 

8 policies, and procedures within each Federal depart9 ment; 

10 (6) human resources policies and procedures, 

11 including recruitment, training, exercises, education, 

12 assignments, and career and leadership development; 

13 (7) acquisition processes and regulations that 

14 reduce unnecessary duplication of effort or improve 

15 interoperability; 

16 (8) the visibility of capabilities, information, 

17 and expertise across the Federal government; 

18 (9) Congressional oversight of interagency orga19 nizations and programs; and 

20 (10) any other reforms designed to address the 

21 issues described in paragraph (b). 

22 SEC. 5. HEARINGS. 

23 (a) IN GENERAL.—The Commission shall hold at 

24 least 1 hearing for each Federal department and the NaVerDate Nov 24 2008 20:44 May 03, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2207.IH H2207

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1 tional Security Council, and shall, to the extent feasible, 

2 ensure that there is broad participation in such hearings. 

3 (b) HEARING FORMAT.—During each hearing, the 

4 Commission shall make a presentation to employees, hear 

5 testimony from appropriate officials and employees, and 

6 generate comments and suggestions regarding the issues 

7 described in section 4, policies designed to address such 

8 issues, and tradeoffs between such policies. 

9 SEC. 6. REPORT. 

10 The Commission shall, not later than 1 year after the 

11 date of the enactment of this Act, submit a report to the 

12 Congress and the President containing— 

13 (1) a detailed description of the activities of the 

14 Commission; 

15 (2) a summary of comments and suggestions 

16 generated from the hearings; 

17 (3) a detailed description of the institutional 

18 interagency problems faced by the United States and 

19 the consequences of not addressing those problems; 

20 (4) a list of policy options for addressing those 

21 problems; and 

22 (5) criteria for the legislative and administra23 tive proposals to be developed by the Commission. 

24 SEC. 7. LEGISLATIVE AND ADMINISTRATIVE PROPOSALS. 

25 (a) LEGISLATIVE PROPOSAL.— 


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1 (1) IN GENERAL.—Not later than 60 days after 

2 the date on which the report is submitted under sec3 tion 6, and by a unanimous vote of the members, the 

4 Commission shall submit a legislative proposal to the 

5 Congress and the President addressing the issues 

6 described in section 4. 

7 (2) PROPOSAL REQUIREMENTS.—The proposal 

8 shall, to the extent feasible, be designed to— 

9 (A) improve the coordination and effective10 ness of Federal departments in order to better 

11 serve the Nation and protect United States in12 terests; 

13 (B) meet the criteria set forth in the Com14 mission report described in section 6; 

15 (C) be presented in two separate reports, 

16 with— 

17 (i) one report that includes all legisla18 tive recommendations that do not affect 

19 Congressional oversight or budgeting; and 

20 (ii) one report that includes changes 

21 to the Congressional oversight and budg22 eting process; and 

23 (D) allow the Commission, by majority 

24 vote, to include supplemental recommendations 


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1 that are not in contravention of the original two 

2 reports submitted under this subsection. 

3 (3) INCLUSION OF COST ESTIMATE.—The Com4 mission shall submit with the legislative proposal a 

5 long-term cost estimate prepared by the Congres6 sional Budget Office. 

7 (b) ADMINISTRATIVE PROPOSAL.— 

8 (1) IN GENERAL.—Not later than 60 days after 

9 the date on which the report is submitted under sec10 tion 6, and by a unanimous vote of the members, the 

11 Commission shall submit an administrative proposal 

12 to the Congress, the President, and the head of each 

13 Federal department addressing the issues described 

14 in section 4. 

15 (2) PROPOSAL REQUIREMENTS.—The proposal 

16 shall, to the extent feasible, be designed to— 

17 (A) improve the coordination and effective18 ness of Federal departments in order to better 

19 serve the Nation and protect United States in20 terests; 

21 (B) meet the criteria set forth in the Com22 mission report described in section 6; and 

23 (C) allow the Commission, by majority 

24 vote, to include supplemental recommendations 


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1 that are not in contravention of the original re2 port submitted under this subsection. 

3 SEC. 8. MEMBERSHIP. 

4 (a) IN GENERAL.—The Commission shall be com5 posed of eight voting members appointed pursuant to 

6 paragraph (1) and two nonvoting members described in 

7 paragraph (2). 

8 (1) VOTING MEMBERS.—The Commission shall 

9 be composed of eight voting members, of whom— 

10 (A) two shall be appointed by the Presi11 dent, at least one of which shall be a represent12 ative from the National Security Council; 

13 (B) two shall be appointed by the Speaker 

14 of the House of Representatives; 

15 (C) one shall be appointed by the minority 

16 leader of the House of Representatives; 

17 (D) two shall be appointed by the majority 

18 leader of the Senate; and 

19 (E) one shall be appointed by the minority 

20 leader of the Senate. 

21 (2) NONVOTING MEMBERS.—The Comptroller 

22 General of the United States and the Director of the 

23 Congressional Budget Office shall each be nonvoting 

24 members of the Commission and shall advise and as25 sist at the request of the Commission. 


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1 (3) CO-CHAIRPERSONS.—The President shall 

2 designate two co-chairpersons of the Commission 

3 from the members appointed under paragraph (1), 

4 one of whom must be a Republican and one of whom 

5 must be a Democrat. 

6 (b) QUALIFICATIONS.— 

7 (1) IN GENERAL.—The members should have 

8 knowledge and expertise in matters to be studied by 

9 the Commission. 

10 (2) FORMER AFFILIATIONS.—Members should 

11 have— 

12 (A) executive branch or legislative branch 

13 experience relating to two or more Federal de14 partments; 

15 (B) experience working in the National Se16 curity Council; or 

17 (C) served under Presidents from two dif18 ferent political parties. 

19 (c) LIMITATIONS ON MEMBERS OF CONGRESS.— 

20 (1) MEMBERS OF CONGRESS ON COMMISSION.— 

21 Each appointing authority described in subsection 

22 (a)(1) who is a Member of Congress may not ap23 point more than 1 Member of Congress to the Com24 mission. 


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1 (2) CONTINUATION OF VOTING MEMBERSHIP.— 

2 In the case of an individual appointed pursuant to 

3 subsection (a)(1) who was appointed while a Member 

4 of Congress, if such individual ceases to be a Mem5 ber of Congress, that individual shall cease to be a 

6 member of the Commission. 

7 (d) DATE FOR ORIGINAL APPOINTMENT.—The ap8 pointing authorities described in subsection (a)(1) shall 

9 appoint the initial members of the Commission not later 

10 than 30 days after the date of the enactment of this Act. 

11 (e) TERM.— 

12 (1) IN GENERAL.—The term of each member is 

13 for the life of the Commission. 

14 (2) VACANCIES.—A vacancy in the Commission 

15 shall be filled not later than 30 days after such va16 cancy occurs and in the manner in which the origi17 nal appointment was made. 

18 (f) COMPENSATION.— 

19 (1) COMPENSATION NOT PERMITTED.—Except 

20 as provided in paragraph (2), a member of the Com21 mission may not receive pay, allowances, or benefits 

22 by reason of their service on the Commission. 

23 (2) TRAVEL EXPENSES.—Each member of the 

24 Commission shall receive travel expenses, including 

25 per diem in lieu of subsistence, at rates authorized 


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1 for an employee of an agency under subchapter I of 

2 chapter 57 of title 5, United States Code, while 

3 away from their homes or regular place of business 

4 in the performance of their duties on behalf of the 

5 Commission. 

6 SEC. 9. MEETINGS. 

7 (a) IN GENERAL.—The Commission shall meet upon 

8 the call of either of the co-chairpersons or a majority of 

9 its voting members. 

10 (b) QUORUM.—Six voting members of the Commis11 sion shall constitute a quorum. 

12 SEC. 10. DIRECTOR AND STAFF OF THE COMMISSION. 

13 (a) DIRECTOR.— 

14 (1) IN GENERAL.—Subject to subsection (c) 

15 and to the extent provided in advance in appropria16 tion Acts, the Commission shall appoint and fix the 

17 pay of a Director. 

18 (2) DUTIES.—The Director of the Commission 

19 shall be responsible for the administration and co20 ordination of the duties of the Commission and shall 

21 perform other such duties as the Commission may 

22 direct. 

23 (b) STAFF.—In accordance with rules agreed upon 

24 by the Commission, subject to subsection (c), and to the 


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1 extent provided in advance in appropriation Acts, the Di2 rector may appoint and fix the pay of additional personnel. 

3 (c) NON-APPLICABILITY OF CERTAIN CIVIL SERVICE

4 LAWS.—The Director and staff of the Commission may 

5 be appointed without regard to the provisions of title 5, 

6 United States Code, governing appointments in the com7 petitive service and may be paid without regard to the pro8 visions of chapter 51 and subchapter III of chapter 53 

9 of such title relating to classification and General Schedule 

10 pay rates, except that pay fixed under subsection (a) may 

11 not exceed $150,000 per year and pay fixed under sub12 section (b) may not exceed the rate payable for level V 

13 of the Executive Schedule under section 5316 of such title. 

14 (d) DETAILEES.—Any Federal Government employee 

15 may be detailed to the Commission without reimbursement 

16 from the Commission, and such detailee shall retain the 

17 rights, status, and privileges of their regular employment 

18 without interruption. 

19 (e) EXPERTS AND CONSULTANTS.—In accordance 

20 with rules agreed upon by the Commission and to the ex21 tent provided in advance in appropriation Acts, the Direc22 tor may procure the services of experts and consultants 

23 under section 3109(b) of title 5, United States Code, but 

24 at rates not to exceed the daily equivalent of the annual 


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1 rate of basic pay for level V of the Executive Schedule 

2 under section 5316 of title 5, United States Code. 

3 SEC. 11. POWERS OF THE COMMISSION. 

4 (a) HEARINGS AND EVIDENCE.—The Commission 

5 may, for the purpose of carrying out this Act, hold such 

6 hearings (in addition to the hearings described in section 

7 5), sit and act at such times and places, take such testi8 mony, and receive such evidence as the Commission con9 siders appropriate. The Commission may administer oaths 

10 or affirmations to witnesses appearing before it. 

11 (b) POWERS OF MEMBERS AND AGENTS.—Any Mem12 ber or agent of the Commission may, if authorized by the 

13 Commission, take any action which the Commission is au14 thorized to take under this section. 

15 (c) MAILS.—The Commission may use the United 

16 States mails in the same manner and under the same con17 ditions as other agencies and departments of the United 

18 States. 

19 (d) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

20 the request of the Commission, the Administrator of the 

21 General Services Administration shall provide to the Com22 mission, on a reimbursable basis, the administrative sup23 port services necessary for the Commission to carry out 

24 its responsibilities under this Act. 


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1 (e) CONTRACT AUTHORITY.—To the extent provided 

2 in advance in appropriation Acts, the Commission may 

3 enter into contracts to enable the Commission to discharge 

4 its duties under this Act. 

5 (f) GIFTS.—The Commission may accept, use, and 

6 dispose of gifts or donations of services or property. 

7 SEC. 12. TERMINATION. 

8 The Commission shall terminate 30 days after the 

9 submission of both the legislative and administrative pro10 posals described in section 7. 

11 SEC. 13. ALTERNATIVE LEGISLATIVE PROPOSAL OF THE 

12 PRESIDENT. 

13 The President may, not later than 90 calendar days 

14 after the Commission submits its legislative proposal, sub15 mit to the Congress an alternative to the legislative pro16 posal submitted by the Commission. 

17 SEC. 14. CONSIDERATION OF LEGISLATION. 

18 (a) INTRODUCTION OF LEGISLATION.—Not later 

19 than the fifth legislative day after the Commission submits 

20 its legislative proposal, the majority leader of each House 

21 of the Congress, or his designee, shall introduce (by re22 quest) legislation containing the legislative proposal sub23 mitted by the Commission. 

24 (b) IN THE HOUSE OF REPRESENTATIVES.— 


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1 (1) PRIVILEGED CONSIDERATION.—In the 

2 House of Representatives, the legislation described 

3 in subsection (a) shall be referred sequentially 

4 through each committee of jurisdiction, and if after 

5 a period of 25 legislative days the committee has not 

6 reported the legislation, then— 

7 (A) that committee shall be discharged 

8 from consideration of the legislation; 

9 (B) the legislation shall be referred to the 

10 next committee or jurisdiction, or, if it were dis11 charged from the last committee of referral, the 

12 legislation will be placed on the appropriate cal13 endar; and 

14 (C) a motion to proceed to the consider15 ation of the legislation shall be highly privileged 

16 and shall not be debatable, and a motion to re17 consider the vote by which the motion is dis18 posed of shall not be in order. 

19 (2) CONSIDERATION.—The procedures set forth 

20 in paragraphs (1), (2), (5), and (6) of section 305(a) 

21 of the Congressional Budget Act of 1974 pertaining 

22 to a concurrent resolution on the budget shall apply 

23 to the legislation described in subsection (a) to the 

24 extent not inconsistent with this Act. 

25 (c) IN THE SENATE.— 


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1 (1) PRIVILEGED CONSIDERATION.—In the Sen2 ate, the legislation described in subsection (a) shall 

3 be referred sequentially through each committee of 

4 jurisdiction, and if after a period of 25 legislative 

5 days the committee has not reported the legislation, 

6 then— 

7 (A) that committee shall be discharged 

8 from consideration of the legislation; 

9 (B) the legislation shall be referred to the 

10 next committee or jurisdiction, or, if it were dis11 charged from the last committee of referral, the 

12 legislation will be placed on the appropriate cal13 endar; and 

14 (C) a motion to proceed to the consider15 ation of the legislation is highly privileged and 

16 shall not debatable. 

17 (2) CONSIDERATION.—The procedures set forth 

18 in paragraphs (1), (2), (5), and (6) of section 305(b) 

19 of the Congressional Budget Act of 1974 pertaining 

20 to a concurrent resolution on the budget shall apply 

21 to the legislation described in subsection (a) to the 

22 extent not inconsistent with this Act. 

23 (d) RULEMAKING POWER.—The provisions of this 

24 section are enacted by the Congress— 


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1 (1) as an exercise of the rulemaking power of 

2 the Senate and the House of Representatives, re3 spectively, and is deemed to be part of the rules of 

4 each House, respectively, but applicable only with re5 spect to the procedure to be followed in that House 

6 in the case of a bill introduced pursuant to this sec7 tion, and it supersedes other rules only to the extent 

8 that it is inconsistent with such rules; and 

9 (2) with full recognition of the constitutional 

10 right of either House to change the rules (so far as 

11 they relate to the procedure of that House) at any 

12 time, in the same manner, and to the same extent 

13 as in the case of any other rule of that House. 

14 SEC. 15. CONSTITUTIONAL AUTHORITY. 

15 The Constitutional authority for this Act is the power 

16 of Congress to make all laws which shall be necessary and 

17 proper as enumerated in article I, section 8 of the United 

18 States Constitution. 

Æ 


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