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                                                      Calendar No. 667
115th Congress      }                         {               Report
                                 SENATE
 2d Session         }                         {                115-381
_______________________________________________________________________

                                     


                    REFORMING GOVERNMENT ACT OF 2018

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 3137

            TO PROVIDE FOR REFORMING AGENCIES OF THE FEDERAL
           GOVERNMENT TO IMPROVE EFFICIENCY AND EFFECTIVENESS
           
           
           
           
           

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]







               November 26, 2018.--Ordered to be printed
                                   ______

                     U.S. GOVERNMENT PUBLISHING OFFICE 

89-010                      WASHINGTON : 2018
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio                    THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky                  HEIDI HEITKAMP, North Dakota
JAMES LANKFORD, Oklahoma             GARY C. PETERS, Michigan
MICHAEL B. ENZI, Wyoming             MAGGIE HASSAN, New Hampshire
JOHN HOEVEN, North Dakota            KAMALA D. HARRIS, California
STEVE DAINES, Montana                DOUG JONES, Alabama

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
    Courtney J. Allen, Deputy Chief Counsel for Governmental Affairs
               Margaret E. Daum, Minority Staff Director
       Charles A. Moskowitz, Minority Senior Legislative Counsel
        Thomas J.R. Richards, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk




                                                      Calendar No. 667
115th Congress      }                         {               Report
                                 SENATE
 2d Session         }                         {                115-381

======================================================================



 
                    REFORMING GOVERNMENT ACT OF 2018

                                _______
                                

               November 26, 2018.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 3137]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 3137) to provide 
for reforming agencies of the Federal Government to improve 
efficiency and effectiveness, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and the Need for Legislation..........................2
III. Legislative History..............................................7
 IV. Section-by-Section Analysis......................................9
  V. Evaluation of Regulatory Impact.................................10
 VI. Congressional Budget Office Cost Estimate.......................10
VII. Changes in Existing Law Made by the Bill, as Reported...........11

                         I. Purpose and Summary

    The purpose of S. 3137 is to provide authority for the 
President to submit government reorganization proposals to 
Congress for expedited consideration. This bill provides the 
expedited reorganization authority for up to two years upon 
enactment and requires that the President provide certain 
information to Congress as a condition before Congress can use 
the expedited authority to consider the proposal.

              II. Background and the Need for Legislation

    On March 13, 2017, President Donald Trump signed Executive 
Order 13781 ``to improve the efficiency, effectiveness, and 
accountability of the executive branch by directing the 
Director of the Office of Management and Budget [(OMB)] to 
propose a plan to reorganize governmental functions and 
eliminate unnecessary agencies . . . components of agencies, 
and agency programs.''\1\ To help inform the Federal Government 
reorganization plan, the Executive Order directed the head of 
each Federal agency to submit to OMB a plan to reorganize its 
agency to maximize efficiency, effectiveness, and 
accountability.\2\ OMB directed agencies to submit plans that 
meet the following objectives:
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    \1\Exec. Order No. 13781, 82 Fed. Reg. 50, 13959 (Mar. 16, 2017).
    \2\Exec. Order No. 13781, 82 Fed. Reg. 50, 13959 (Mar. 16, 2017).

        [c]reate a lean, accountable, and more efficient 
        government that works for the American people; [f]ocus 
        the Federal government on effectively and efficiently 
        delivering those programs that are the highest needs to 
        citizens and where there is a unique Federal role 
        rather than assuming current programs are optimally 
        designed or even needed; [a]lign the Federal workforce 
        to meet the needs of today and the future rather than 
        the requirements of the past; and [s]trengthen agencies 
        by removing barriers that hinder front-line employees 
        from delivering results.\3\
---------------------------------------------------------------------------
    \3\Memorandum from Mick Mulvaney, Director, Off. of Mgmt. and 
Budget, Comprehensive Plan for Reforming the Federal Government and 
Reducing the Federal Civilian Workforce, M-17-22 (Apr. 12, 2017).

    The Executive Order directed OMB to issue a notice in the 
Federal Register soliciting public comments for suggestions on 
the individual agency plans and to consider these public 
comments when developing the Federal Government reorganization 
plan.\4\ The Executive Order instructed OMB to consider:
---------------------------------------------------------------------------
    \4\Exec. Order No. 13781, 82 Fed. Reg. 50, 13959 (Mar. 16, 2017).

        whether some or all of the functions of an agency, a 
        component, or a program are appropriate for the Federal 
        Government or would be better left to State or local 
        governments or to the private sector through free 
        enterprise; (ii) whether some or all of the functions 
        of an agency, a component, or a program are redundant, 
        including with those of another agency, component, or 
        program; (iii) whether certain administrative 
        capabilities necessary for operating an agency, a 
        component, or a program are redundant with those of 
        another agency, component, or program; (iv) whether the 
        costs of continuing to operate an agency, a component, 
        or a program are justified by the public benefits it 
        provides; and (v) the costs of shutting down or merging 
        agencies, components, or programs, including the costs 
        of addressing the equities of affected agency staff.\5\
---------------------------------------------------------------------------
    \5\Exec. Order No. 13781, 82 Fed. Reg. 50, 13959 (Mar. 16, 2017).

    On June 21, 2018, OMB issued its Federal Government 
reorganization plan, entitled, ``Delivering Government 
Solutions in the 21st Century: Reform Plan and Reorganization 
Recommendations.''\6\ In the report, OMB noted:
---------------------------------------------------------------------------
    \6\Off. of Mgmt. and Budget, Exec. Office of the President, 
Delivering Government Solutions in the 21st Century: Reform Plan and 
Reorganization Recommendations (June 21, 2018), available at https://
www.performance.gov/GovReform/Reform-and-Reorg-Plan-Final.pdf.

          [T]he public still believes that the Federal 
        Government serves critical roles, and in some areas 
        performs them well. However, public trust in the 
        Federal Government has declined over the last decade, 
        calling into question how well the current 
        organizational constructs of Government are aligned to 
        meet Americans' needs in the digital age.\7\
---------------------------------------------------------------------------
    \7\Off. of Mgmt. and Budget, Exec. Office of the President, 
Delivering Government Solutions in the 21st Century: Reform Plan and 
Reorganization Recommendations, 4 (June 21, 2018) (citing Pew Research 
Center, Public Trust in Government: 1958-2017 (Dec. 2017) and Pew 
Research Center, Government Gets Lower Ratings for Handling Health 
Care, Environment and Disaster Response (Dec. 2017)).
---------------------------------------------------------------------------
OMB also noted that this reorganization plan serves as ``a 
cornerstone to build productive, bipartisan dialogue around 
realigning the Federal Government mission delivery model to 
make sense in the 21st Century.''\8\ In this plan, the Trump 
Administration offered 32 cross-agency ideas for reorganizing 
the Federal Government and 50 agency-specific proposals to 
achieve more efficient and effective government operations for 
the public.\9\
---------------------------------------------------------------------------
    \8\Off. of Mgmt. and Budget, Exec. Office of the President, 
Delivering Government Solutions in the 21st Century: Reform Plan and 
Reorganization Recommendations (June 21, 2018), available at https://
www.performance.gov/GovReform/Reform-and-Reorg-Plan-Final.pdf.
    \9\Off. of Mgmt. and Budget, Exec. Office of the President, 
Delivering Government Solutions in the 21st Century: Reform Plan and 
Reorganization Recommendations (June 21, 2018), available at https://
www.performance.gov/GovReform/Reform-and-Reorg-Plan-Final.pdf.
---------------------------------------------------------------------------
    The Committee held a hearing on July 18, 2018, to examine 
the Administration's reorganization plan with OMB Deputy 
Director for Management Margaret Weichert.\10\ Ms. Weichert 
noted in her testimony that the reform proposal is a ``starting 
point for public dialogue'' and further testified:
---------------------------------------------------------------------------
    \10\Reviewing the Administration's Government Reorganization 
Proposal: Hearing Before the S. Comm. on Homeland Security and 
Governmental Affairs, 115th Cong. (2018).

          At its core, reorganization aims to increase the 
        efficiency, effectiveness, and accountability of how 
        government serves its people. It's not uncommon to see 
        a large company change and realign its business model 
        to respond to evolving technologies and customer needs. 
        Even though its mission and priorities are different, 
        the Federal government should be similarly responsive 
        to changing customer expectations and technology-
        enabled opportunities to enhance mission delivery.\11\
---------------------------------------------------------------------------
    \11\Reviewing the Administration's Government Reorganization 
Proposal: Hearing Before the S. Comm. on Homeland Security and 
Governmental Affairs, 115th Cong. (2018) (statement of Margaret 
Weichert, Deputy Director for Management, Off. of Mgmt. and Budget), 
available at https://www.hsgac.senate.gov/imo/media/doc/Testimony-
Weichert-2018-07-18.pdf.

    On July 26, 2018, the Committee's Subcommittee on 
Regulatory Affairs and Federal Management held a hearing that 
focused on one of the ideas in the plan to reorganize the 
Office of Personnel Management (OPM) by transferring the 
agency's human resources transactional services to the General 
Services Administration (GSA).\12\ Then-OPM Director Dr. Jeff 
Pon testified at the hearing [m]erging certain OPM provided 
services with GSA functions will provide increased economies of 
scale and creates opportunity for significant cost-avoidance 
based on reductions in contract and IT duplication, as well as 
increased data sharing and availability.''\13\ GSA 
Administrator Emily Murphy added ``[c]entralizing the 
transaction processing and IT for administrative functions in 
GSA, where it is our mission to provide excellent mission-
support services, will allow for OPM to focus on their core 
strategic mission.''\14\ Dr. Pon echoed that this 
reorganization proposal ``is an opportunity to elevate the 
Federal workforce management function and maximize the 
operational efficiency of human capital services.''\15\
---------------------------------------------------------------------------
    \12\The Challenges and Opportunities of the Proposed Government 
Reorganization on OPM and GSA: Hearing Before the Subcomm. On 
Regulatory Affairs and Fed. Mgmt. of the S. Comm. on Homeland Security 
and Governmental Affairs, 115th Cong. (2018).
    \13\Id. (statement of Dr. Jeff Pon, Director, Off. of Personnel 
Mgmt.).
    \14\Id. (statement of Emily Murphy, Administrator, Gen. Serv. 
Admin.)
    \15\Id. (statement of Dr. Jeff Pon, Director, Off. of Personnel 
Mgmt.).
---------------------------------------------------------------------------
    Although the U.S. Constitution vests in Congress the 
authority to organize the Executive Branch,\16\ former 
presidential administrations have asked Congress to grant 
expedited government reorganization authority to allow it to 
execute cross-agency government reorganizations more 
efficiently. President Herbert Hoover first requested 
government reorganization authority, and Congress granted this 
request in 1932.\17\ The government reorganization authority 
allowed the President to: transfer independent executive 
agencies and/or their components to another executive 
department or executive agency; transfer executive agencies 
from one executive department to another executive department; 
consolidate or redistribute the functions of an executive 
department or of an executive agency, and designate and change 
the names and functions of any consolidated activity or 
agency.\18\ The statute authorized the President to issue an 
executive order directing any of these reorganization 
activities on his own, and required Congress to issue a 
resolution of disapproval within 60 days before the executive 
order became effective if it wanted to nullify any 
provision.\19\
---------------------------------------------------------------------------
    \16\U.S. Const. art I.
    \17\Henry Hogue, Cong. Research Serv., R42852, Presidential 
Reorganization Authority: History, Recent Initiatives, and Options for 
Congress 5 (Dec. 11, 2012).
    \18\Legislative Appropriations Act for Fiscal Year 1933, Pub. L. 
No. 72-212, Sec. Sec. 401, 403, 47 Stat. 413 (1933).
    \19\Legislative Appropriations Act for Fiscal Year 1933, Pub. L. 
No. 72-212, Sec. Sec. 403, 407, 47 Stat. 413, 414-15 (1933).
---------------------------------------------------------------------------
    From this first statute statutory grant in 1932 through the 
modifications made in 1984, Congress amended, extended, 
narrowed, or reactivated this government reorganization 
authority 16 times under both Republican and Democratic 
administrations.\20\
---------------------------------------------------------------------------
    \20\Henry Hogue, Cong. Research Serv., R42852, Presidential 
Reorganization Authority: History, Recent Initiatives, and Options for 
Congress 4 (Dec. 11, 2012).
---------------------------------------------------------------------------
    The most recent version of the authority, amended in 1984 
pursuant to the U.S. Supreme Court's decision in Immigration 
and Naturalization Service v. Chadha,\21\ authorized the 
President to propose a reorganization plan to Congress that: 
transfers an agency or an agency component to another executive 
agency; abolishes all or part of the functions of an agency; 
consolidates or coordinates part of an agency or its functions 
with another part of the same agency; authorizes an officer to 
delegate any functions; or abolishes an agency or an agency 
component if it would no longer have any functions after 
effectuating the reorganization plan.\22\ The President was 
required to submit the reorganization plan to Congress for 
approval, along with detailed information about implementation 
of the plan and estimates of expenditures or cost savings for 
the plan;\23\ no more than three reorganizations plans could be 
pending before the Congress at any one time.\24\
---------------------------------------------------------------------------
    \21\Reorganization Act Amendments of 1984, Pub. L. No. 98-614, 98 
Stat. 3192 (1984); Immigration and Naturalization Service v. Chadha, 
419 U.S. 919 (1983) (holding the exercise of the legislative veto by 
Congress is unconstitutional).
    \22\5 U.S.C. Sec. 903(a). The President was not authorized to 
propose a reorganization plan that would create a new executive 
department, rename an existing executive department, abolish or 
transfer an executive department or independent regulatory agency, or 
consolidate two or more executive departments or two or more 
independent regulatory agencies. 5 U.S.C. Sec. 905.
    \23\5 U.S.C. Sec. 903(b).
    \24\5 U.S.C. Sec. 903(b).
---------------------------------------------------------------------------
    Once a plan was submitted to Congress, the House Committee 
on Government Operations and the Senate Committee on 
Governmental Affairs would have 75 calendar days of continuous 
session of Congress to approve or disapprove of the 
resolution.\25\ If the committees did not act within this 75-
day period, then the resolution would be discharged from the 
committee and placed on the calendar of the House or 
Senate.\26\ Once there, any Member of the House or Senate could 
move to proceed to consideration of the bill, with the motion 
not being debatable.\27\ If the motion was agreed to, debate on 
the resolution was limited to ten hours,\28\ after which time a 
vote on final passage of the resolution must occur.\29\ If 
Congress did not vote on a resolution within 90 days of the 
plan being submitted to Congress, or if Congress voted against 
the resolution, then the resolution was considered to be 
disapproved by Congress, and the President could not implement 
the reorganization plan under the expedited government 
reorganization authority.\30\ The authority for Congress to 
receive and consider reorganization plans under this expedited 
congressional procedure expired on December 31, 1984.\31\
---------------------------------------------------------------------------
    \25\5 U.S.C. Sec. 909-910.
    \26\5 U.S.C. Sec. 911.
    \27\5 U.S.C. Sec. 912(a).
    \28\5 U.S.C. Sec. 912(b).
    \29\5 U.S.C. Sec. 912(c)
    \30\5 U.S.C. Sec. 906(a).
    \31\5 U.S.C. Sec. 908.
---------------------------------------------------------------------------
    Between 1932 and 1984, presidents submitted 126 
reorganization proposals to Congress, of which 93 were 
implemented and 33 were affirmatively rejected by Congress.\32\ 
Outcomes of the implemented reorganizations included the 
creation of the Executive Office of the President,\33\ the 
Office of Science and Technology Policy in the Executive Office 
of the President,\34\ the Environmental Protection Agency,\35\ 
the National Oceanic and Atmospheric Administration in the 
Department of Commerce,\36\ the Drug Enforcement Administration 
in the Department of Justice,\37\ the Federal Emergency 
Management Agency,\38\ the Office of Personnel Management, the 
Merit Systems Protection Board, and the Federal Labor Relations 
Authority (in conjunction with the Civil Service Reform Act of 
1978),\39\ and the transfer of international trade policy 
coordination and negotiations to the U.S. Trade Representative 
in the Executive Office of the President.\40\
---------------------------------------------------------------------------
    \32\Henry Hogue, Cong. Research Serv., R42852, Presidential 
Reorganization Authority: History, Recent Initiatives, and Options for 
Congress 4 (Dec. 11, 2012).
    \33\Exec. Order No. 8248, 4 Fed. Reg. 3864 (Sept. 9, 1939). See 
also Reorganization Plan No. 1 of 1939, 53 Stat. 1423, (1939) and 
Reorganization Plan No. 2 of 1939, 53 Stat. 1431 (1939).
    \34\Reorganization Plan No. 2 of 1962, 76 Stat. 1253 (1962).
    \35\Reorganization Plan No. 3 of 1970, 84 Stat. 2086 (1970).
    \36\Reorganization Plan No. 4 of 1970, 84 Stat. 2090 (1970).
    \37\Reorganization Plan No. 2 of 1973, 87 Stat. 1091 (1973).
    \38\Reorganization Plan No. 3 of 1978, 92 Stat. 3788 (1978).
    \39\Reorganization Plan No. 2 of 1978, 92 Stat. 3783 (1978). See 
also Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat. 
1111 (1978).
    \40\Reorganization Plan No. 3 of 1979, 93 Stat. 1381 (1979). See 
also Henry Hogue, Cong. Research Serv., R42852, Presidential 
Reorganization Authority: History, Recent Initiatives, and Options for 
Congress 37 (Dec. 11, 2012) (citing Remarks on Government Reform, 2012 
Daily Comp. Pres. Doc. 1 (Jan. 13, 2012).
---------------------------------------------------------------------------
    President Obama asked Congress to reauthorize the 
government reorganization authority in 2012,\41\ and lamented 
the absence of the authority:
---------------------------------------------------------------------------
    \41\Press Release, President Barack Obama, President Obama 
Announces Proposal to Reform, Reorganize, and Consolidate Government 
(Jan. 13, 2012).

          In 1984 . . . Congress stopped granting 
        [reorganization authority]. And when this process was 
        left to follow the usual congressional pace and 
        procedures, not surprisingly, it bogged down. So 
        congressional committees fought to protect their turf 
        and lobbyists fought to keep things the way they were 
        because they were the only ones who could navigate the 
        confusion. And because it's always easier to add than 
        subtract in Washington, inertia prevented any real 
        reform from happening. Layers kept getting added on and 
        added on and added on.\42\
---------------------------------------------------------------------------
    \42\Henry Hogue, Cong. Research Serv., R42852, Presidential 
Reorganization Authority: History, Recent Initiatives, and Options for 
Congress 37 (Dec. 11, 2012) (citing Remarks on Government Reform, 2012 
Daily Comp. Pres. Doc. 1 (Jan. 13, 2012).

    As part of his request for the legislation to be 
reauthorized, President Obama indicated that his first 
reorganization proposal submitted to Congress would include 
consolidating six business and trade agencies.\43\ Senators 
Joseph Lieberman and Mark Warner introduced legislation one 
month later in response to President Obama's request for 
reorganization authority.\44\ The bill sought to reauthorize 
the 1984 government reorganization authority for a period of 
two years with a few modifications: it would permit the 
abolishment or transfer of an independent regulatory agency or 
consolidation of two or more independent regulatory agencies, 
and add a requirement that all reorganization proposals 
submitted to Congress by the President either result in a 
decrease in the number of Federal agencies or in cost savings 
in performing agency functions.\45\
---------------------------------------------------------------------------
    \43\Press Release, President Barack Obama, President Obama 
Announces Proposal to Reform, Reorganize, and Consolidate Government 
(Jan. 13, 2012)
    \44\S. 2129, 112th Cong. (2012).
    \45\S. 2129, 112th Cong., Sec. 2 (2012).
---------------------------------------------------------------------------
    The Committee held a hearing in March 2012 to discuss the 
bill and President Obama's reorganization proposal, but the 
Committee never brought the bill to a vote.\46\
---------------------------------------------------------------------------
    \46\Retooling Government for the 21st Century: The President's 
Reorganization Plan and Reducing Duplication; Hearing Before the S. 
Comm. on Homeland Security and Governmental Affairs, 112th Cong. 112-
531 (2012).
---------------------------------------------------------------------------
    Like the 2012 proposal, S. 3137 would reauthorize the 1984 
reorganization authority for a period of two years and require 
that all reorganization proposals submitted either result in a 
decrease in the number of Federal agencies or in cost savings 
in performing agency functions. In addition, it would require 
the President to provide more information to Congress with a 
reorganization proposal, and would modify the conditions for 
congressional approval of a reorganization proposal.
    Specifically, S. 3137 would allow the President to submit 
to Congress a reorganization proposal that includes the 
creation of a new agency that is not part of an existing 
executive department or agency. The bill requires the President 
to consult with the agencies affected by a reorganization 
proposal, to respond within 30 days to any congressional 
request for background information of a proposal, and to submit 
to Congress, for oversight purposes, any reorganization plan 
that the President intends to implement with an independent 
statutory authority rather than reorganization authority.
    The bill prevents a Committee from discharging a proposal 
or a member to move to approve a proposal for 45 days unless 
the Congressional Budget Office (CBO) submits a cost estimate. 
It also clarifies that the 75-day window for committee 
consideration of a reorganization proposal does not begin until 
the expiration of this 45-day period or the issuance of a CBO 
cost estimate, whichever occurs earlier.
    S. 3137 would extend the debate time on a reorganization 
proposal once the Senate or House has moved to approve the 
proposal to 30 hours, and prohibits any motion to limit debate.
    As amended, the bill also requires a three-fifths vote in 
the Senate for approval, unless the resolution for the proposal 
is co-sponsored by five members of each political party, or 
independent members who caucus with one of the two parties, in 
which case the proposal can be approved with a simple majority 
vote.
    Should Congress approve a reorganization proposal submitted 
under this authority, this bill requires the President to 
report to Congress within one year of approval on the 
implementation of the proposal and any performance 
improvements, costs, cost savings achieved that year, and 
projected cost savings over the subsequent five and ten-year 
periods.

                        III. Legislative History

    S. 3137 was introduced on June 26, 2018, by Senators Ron 
Johnson (R-WI) and James Lankford (R-OK). The bill was referred 
to the Committee on Homeland Security and Governmental Affairs 
on June 26, 2018. Senator Heidi Heitkamp (D-ND) was added as a 
co-sponsor to the bill on September 27, 2018.
    The Committee considered S. 3137 at a business meeting on 
September 26, 2018. Senator Heidi Heitkamp offered an amendment 
that would: prohibit the consideration of any reorganization 
plan until CBO issued a cost estimate for the plan; require OMB 
to report on the implementation of the reorganization proposal 
within one year of its approval by Congress; require OMB to 
submit to Congress, for oversight purposes, any reorganization 
plan that the President would implement with an independent 
statutory authority and an explanation of that independent 
statutory authority; require the President to respond within 30 
days to a request from Congress for information about a plan; 
prohibit the consideration of a plan if the President had not 
completely responded to a request from Congress for background 
information about the plan; and require OMB to submit to 
Congress any alternative reorganization proposals that the 
President decided not to pursue in a reorganization plan. The 
amendment would also require three-fifths of the members of the 
Senate to vote for passage of the resolution.
    Senator Heitkamp modified her amendment to: no longer 
prohibit congressional consideration of a reorganization plan 
if a request from Congress for background information was 
outstanding; no longer require submission of alternative 
reorganization proposals; and allow consideration of a 
reorganization plan upon the earlier of either the issuance of 
a CBO cost estimate or 45 days after submission of the plan to 
Congress.
    At the business meeting, Committee members debated Senator 
Heitkamp's proposal to require a three-fifths, or 60-vote, 
threshold. Senator Heitkamp argued that a higher vote threshold 
would require that the proposals be bipartisan:

          I think it is a matter of whether we want to get 
        something done and what we do has permanency . . . . We 
        need to sit down in a bipartisan way and com[e] to a 
        conclusion on how we are going to structure and oversee 
        and provide the critical kind of permanency--not 
        permanency, but the critical stability that we can for 
        State agencies.\47\
---------------------------------------------------------------------------
    \47\Business Meeting, S. Comm. on Homeland Security and 
Governmental Affairs, 115th Cong. (Sept. 26, 2018) (statement of 
Senator Heidi Heitkamp).

    Senators Johnson, Lankford, and Enzi spoke in support of a 
---------------------------------------------------------------------------
simple majority threshold. Senator Enzi explained further:

          I have tried to do a number of reorganizations, and 
        there is usually bipartisan opposition to a great 
        extent, which means there is also bipartisan support to 
        a great extent. And I do not think there is anything 
        tougher than making some kind of a change that affects 
        perhaps chairmanships and jurisdiction, and . . . where 
        the whole committee might vote against it because it is 
        infringing on a small part of their jurisdiction. You 
        can pass it if you get 51 votes. I would rather see an 
        amendment that says it has to be a bipartisan 51 votes. 
        That might solve the problem rather than going to the 
        60 votes and maybe never being able to get any 
        reorganization done.\48\
---------------------------------------------------------------------------
    \48\Business Meeting, S. Comm. on Homeland Security and 
Governmental Affairs, 115th Cong. (Sept. 26, 2018) (statement of 
Senator Michael Enzi).

    After further discussion on the issue, Senator Heitkamp 
proposed modifying her amendment to require that a 
reorganization plan have a 60-vote threshold on the Senate 
floor, unless the plan is sponsored by at least five members 
from the majority party and five members from the minority 
party; in that case, the plan would need a simple majority vote 
on the Senate floor.
    Senator Lankford concurred with this proposal, noting it 
was a ``way to be able to make sure [reorganization] is 
bipartisan.''\49\
---------------------------------------------------------------------------
    \49\Business Meeting, S. Comm. on Homeland Security and 
Governmental Affairs, 115th Cong. (Sept. 26, 2018) (statement of James 
Lankford).
---------------------------------------------------------------------------
    The Heitkamp amendment, as modified, was adopted favorably 
by voice vote with Senators Johnson, Portman, Lankford, Enzi, 
Hoeven, McCaskill, Heitkamp, Peters, Hassan, Harris, and Jones 
present. The legislation, as amended, was passed by voice vote 
with Senators Johnson, Portman, Lankford, Enzi, Hoeven, 
McCaskill, Heitkamp, Peters, Hassan, Harris, and Jones present. 
Senator Harris voted ``no'' for the record.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Reforming Government Act of 2018.''

Section 2. Providing consolidation authority

    Subsection (a) defines the term ``efficiency-enhancing 
plan'' and adds ``creation'' to the definition of 
``reorganization.''
    Subsection (b) allows reorganization plans to create a new 
Executive Branch department, abolish, transfer or rename an 
existing Executive Branch department, consolidate two or more 
Executive Branch departments, or create a new Executive Branch 
agency that is not part of an existing Executive Branch or 
independent agency.
    Subsection (b) amends the current reorganization authority 
statute to require the President to consult with agencies that 
would be affected by a reorganization plan and, in its proposal 
submitted to Congress, to describe how OMB will measure the 
performance of implementation of the reorganization plan.

Section 3. Duration and scope of authority

    Subsection (a) provides the President with reorganization 
authority for up to two years after enactment of this bill and 
requires that any plan submitted to Congress must be certified 
by the OMB Director as likely to result in a reduction in the 
number of agencies or cost savings. Any reorganization proposal 
submitted to Congress will be subject to the congressional 
approval process under the reorganization authority. The 
President will also be required to provide to Congress, for 
oversight purposes, any reorganization plan that the President 
will implement under an independent statutory authority and an 
explanation of that independent statutory authority.
    Subsection (b) requires the President to submit to Congress 
a report on the implementation of a reorganization plan within 
one year after receiving Congressional approval. This report 
must describe the steps taken for implementation, any 
performance improvements that have occurred as a result, the 
costs expended for implementation, and any cost savings 
achieved as a result. The report must also include five and 
ten-year projections of cost expenditures for implementation 
and savings to be achieved.
    Subsection (c) reactivates the statutory rules of the 
Senate and the House of Representatives for consideration of 
reorganization plans for up to two years after enactment of 
this bill.
    Subsection (d) removes the reference to the 20th century in 
the date for the terms to be used in the joint resolution of a 
reorganization plan.
    Subsection (e) updates the names of the Committee on 
Homeland Security and Governmental Affairs of the Senate and 
the Committee on Oversight and Government Reform of the House 
of Representatives in 5 U.S.C. Sec. 910. This subsection also 
requires CBO to conduct a financial analysis of the 
reorganization proposal, during which the 75-day period for 
congressional consideration will be suspended. Congress may 
move to discharge the resolution if CBO issues a score or if 45 
days have passed since the resolution was referred to the 
committee.
    Subsection (f) extends the period of debate for a 
resolution from 10 hours to 30 hours and bars any motion to 
limit debate. Under this subsection, if a resolution has 5 
cosponsors from the Senate majority party and 5 cosponsors from 
the Senate minority party, or independent members who caucus 
with one of the two parties, then a simple majority is needed 
for passage. If a resolution has any fewer than five cosponsors 
from either party, then three-fifths of the members of the 
Senate must vote for passage.

Section 4. Severability

    This section provides that, in the event any provision or 
application of a provision of this bill is held to be 
unconstitutional, the remainder of this bill shall not be 
affected.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 22, 2018.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3137, the Reforming 
Government Act of 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

S. 3137--Reforming Government Act of 2018

    S. 3137 would amend federal law concerning the authority of 
the President to reorganize the federal government. 
Specifically, the bill would authorize the President to develop 
a plan to reorganize the federal government and to present that 
plan to the Congress under an expedited legislative procedure. 
The new authority would last for two years after enactment. The 
Administration would need to report regularly to the Congress 
on the status, costs, and savings of any resulting 
reorganization. Finally, the Congressional Budget Office would 
be required to prepare a financial analysis of any 
reorganization plan submitted to the Congress under S. 3137.
    CBO has no basis to estimate the number of government 
reorganizations that may be proposed under the bill. Executive 
Order 13781 required the Office of Management Budget to develop 
a plan to reorganize the executive branch. That plan was 
released in June 2018. Any significant budgetary effects from 
implementing government reorganization plans would depend on 
future legislation. Thus, CBO estimates that implementing S. 
3137 would have no significant effect on the federal budget 
because it would not expand the duties of executive agencies.
    Enacting S. 3137 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 3137 would not significantly 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2029.
    S. 3137 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 9--EXECUTIVE REORGANIZATION

           *       *       *       *       *       *       *


Table of Sections.
Sec. 901. * * *
Sec. 902. * * *
Sec. 903. [Reorganization plans] Reorganization plans; permissible 
          actions.
Sec. 904. [Additional contents of the reorganization plan] Contents of 
          reorganization plans; amendment procedures.
     * * * * * * *

SEC. 902. DEFINITIONS.

           *       *       *       *       *       *       *


          (1) * * *
          [(2) ``reorganization'' means a transfer, 
        consolidation, coordination, authorization, or 
        abolition, referred to in section 903 of this title; 
        and] (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) ``officer'' is not limited by section 2104 of 
        this title [.]; and
          (4) ``reorganization'' means a transfer, 
        consolidation, coordination, authorization, abolition, 
        or creation, referred to in section 903 of this title.

SEC. 903. REORGANIZATION PLANS; PERMISSIBLE ACTIONS.

    [(a) Whenever] Whenever the President, after investigation, 
finds that changes in the organization of agencies are 
necessary to carry out any policy set forth in section 901(a) 
of this title, he shall prepare a reorganization plan 
specifying the reorganizations he finds are necessary. Any plan 
may provide for--
          (1) * * *

           *       *       *       *       *       *       *

          (5) the authorization of an officer to delegate any 
        of his functions; [or]
          (6) the abolition of the whole or a part of an agency 
        which agency or part does not have, or on the taking 
        effect of the reorganization plan will not have, any 
        functions [.]; or
          (7) the creation of a new agency that is not a 
        component or part of an existing executive department 
        or independent agency.
          [The President shall transmit the plan (bearing an 
        identification number) to the Congress together with a 
        declaration that, with respect to each reorganization 
        included in the plan, he has found that the 
        reorganization is necessary to carry out any policy set 
        forth in section 901(a) of this title.]
    [(b) The President shall have a reorganization plan 
delivered to both Houses on the same day and to each House 
while it is in session, except that no more than three plans 
may be pending before the Congress at one time. In his message 
transmitting a reorganization plan, the President shall specify 
with respect to each abolition of a function included in the 
plan the statutory authority for the exercise of the function. 
The message shall also estimate any reduction or increase in 
expenditures (itemized so far as practicable), and describe any 
improvements in management, delivery of Federal services, 
execution of the laws, and increases in efficiency of 
Government operations, which it is expected will be realized as 
a result of the reorganizations included in the plan. In 
addition, the President's message shall include an 
implementation section which shall (1) describe in detail (A) 
the actions necessary or planned to complete the 
reorganization, (B) the anticipated nature and substance of any 
orders, directives, and other administrative and operational 
actions which are expected to be required for completing or 
implementing the reorganization, and (C) any preliminary 
actions which have been taken in the implementation process, 
and (2) contain a projected timetable for completion of the 
implementation process. The President shall also submit such 
further background or other information as the Congress may 
require for its consideration of the plan.
    [(c) Any time during the period of 60 calendar days of 
continuous session of Congress after the date on which the plan 
is transmitted to it, but before any resolution described in 
section 909 has been ordered reported in either House, the 
President may make amendments or modifications to the plan, 
consistent with sections 903-905 of this title, which 
modifications or revisions shall thereafter be treated as part 
of the reorganization plan originally transmitted and shall not 
affect in any way the time limits otherwise provided for in 
this chapter. The President may withdraw the plan any time 
prior to the conclusion of 90 calendar days of continuous 
session of Congress following the date on which the plan is 
submitted to Congress.]

SEC. 904. [ADDITIONAL CONTENTS OF REORGANIZATION PLANS] CONTENTS OF 
                    REORGANIZATION PLANS; AMENDMENT PROCEDURES.

    [A reorganization plan transmitted by the President under 
section 903 of this title--]
    (a) A reorganization plan prepared by the President under 
section 903--
          [(1) may, subject to section 905, change, in such 
        cases as the President considers necessary, the name of 
        an agency affected by a reorganization and the title of 
        its head, and shall designate the name of an agency 
        resulting from a reorganization and the title of its 
        head;
          [(2) may provide for the appointment and pay of the 
        head and one or more officers of any agency (including 
        an agency resulting from a consolidation or other types 
        of reorganization) if the President finds, and in his 
        message transmitting the plan declares, that by reason 
        of a reorganization made by the plan the provisions are 
        necessary;
          [(3) shall provide for the transfer or other 
        disposition of the records, property, and personnel 
        affected by a reorganization;
          [(4) shall provide for the transfer of such 
        unexpended balances of appropriations, and of other 
        funds, available for use in connection with a function 
        or agency affected by a reorganization, as the 
        President considers necessary by reason of the 
        reorganization for use in connection with the functions 
        affected by the reorganization, or for the use of the 
        agency which shall have the functions after the 
        reorganization plan is effective; and
          (5) shall provide for terminating the affairs of an 
        agency abolished.]
          (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;
          (6) shall provide for the transfer or other 
        disposition of the records, property, and personnel 
        affected by a reorganization;
          (7) shall provide for the transfer of unexpended 
        balances of appropriations, and of other funds, 
        available for use in connection with a function or 
        agency affected by a 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 considers necessary by 
                reason of the reorganization for use in 
                connection with the functions affected by the 
                reorganization, or for the use of the agency 
                which shall have the functions after the 
                reorganization plan is effective;
          (8) shall provide for terminating the affairs of an 
        agency abolished;
          (9) may, subject to section 905, change, in such 
        cases as the President considers necessary, the name of 
        an agency affected by a reorganization and the title of 
        its head, and shall designate the name of an agency 
        resulting from a reorganization and the title of its 
        head; and
          (10) may provide for the appointment and pay of the 
        head and one or more officers of any agency (including 
        an agency resulting from a consolidation or other types 
        of reorganization) if the President finds, and in his 
        message transmitting the plan declares, that by reason 
        of a reorganization made by the plan the provisions are 
        necessary.
    [A reorganization plan transmitted by the President 
containing provisions authorized by paragraph (2) of this 
section may provide that the head of the agency be an 
individual or a commission or board with more than one member. 
In the case of an appointment of the head of such an agency, 
the term of office may not be fixed at more than four years, 
the pay may not be at a rate in excess of that found by the 
President to be applicable to comparable officers in the 
executive branch, and if the appointment is not to a position 
in the competitive service, it shall be by the President, by 
and with the advice and consent of the Senate. Any 
reorganization plan transmitted by the President containing 
provisions required by paragraph (4) of this section shall 
provide for the transfer of unexpended balances only if such 
balances are used for the purposes for which the appropriation 
was originally made.]
    (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 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 any 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.

SEC. 905. LIMITATION ON POWERS.

    (a) * * *
          (1) [creating a new executive department or renaming 
        an existing executive department,] abolishing or 
        transferring an [executive department or] independent 
        regulatory agency, or all the functions thereof, or 
        consolidating [two or more executive departments or 
        two] 2 or more independent regulatory agencies, or all 
        the functions thereof;

           *       *       *       *       *       *       *

          [(5) creating a new agency which is not a component 
        or part of an existing executive department or 
        independent agency;]
          [(6)] (5) increasing the term of an office beyond 
        that provided by law for the office; or
          [(7)] (6) dealing with more than one logically 
        consistent subject matter.
    (b) A provision contained in the reorganization plan may 
take effect only [if the plan is transmitted to Congress (in 
accordance with section 903(b)) on or before December 31, 
1984.] if the plan is--
          (1) transmitted to Congress (in accordance with 
        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.
    (c) Any reorganization plan prepared by the President (in 
accordance with 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 requirement 
of section 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.

SEC. 906. EFFECTIVE DATE AND PUBLICATION OF REORGANIZATION PLANS.

    (a) * * *

           *       *       *       *       *       *       *

    (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 implements 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.

           *       *       *       *       *       *       *


SEC. 908. RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES ON 
                    REORGANIZATION PLANS.

    Sections 909 through 912 of this title are enacted by 
Congress--
          (1) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such they are deemed a 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 resolutions with respect to any reorganization 
        plans transmitted to Congress (in accordance with 
        [section 903(b) of this chapter) on or before December 
        31, 1984] section 904) on or before the date that is 2 
        years after the date of enactment of the Reforming 
        Government Act of 2018.

           *       *       *       *       *       *       *


SEC. 909. TERMS OF RESOLUTION.

    For the purpose of sections 908 through 912 of this title, 
``resolution'' means only a joint resolution of the Congress, 
[the matter after the resolving clause of which is as follows: 
``That the Congress approves the reorganization plan numbered   
     transmitted to the Congress by the President on       , 19  
  .'', and includes such modifications] the matter after the 
resolving clause of which is as follows: ``That the Congress 
approves the reorganization plan numbered __ transmitted to the 
Congress by the President on __, .'', and includes such 
modifications and revisions as are submitted by the President 
under [section 903(c) of this chapter]  section 904(c). The 
blank spaces are to be filled appropriately. The term does not 
include a resolution which specifies more than one 
reorganization plan.

           *       *       *       *       *       *       *


SEC. 910. INTRODUCTION AND REFERENCE OF RESOLUTION.

    (a) No later than the first day of session following the 
day on which a reorganization plan is transmitted to the House 
of Representatives and the Senate under section [903] 904, a 
resolution, as defined in section 909, shall be introduced (by 
request) in the House by the chairman of the [Government 
Operations Committee of the House]  Committee on Oversight and 
Government Reform of the House of Representatives, or by a 
Member or Members of the House designated by such chairman; and 
shall be introduced (by request) in the Senate by the chairman 
of the [Governmental Affairs Committee of the Senate]  
Committee on Homeland Security and Governmental Affairs of the 
Senate, or by a Member of Members of the Senate designated by 
such chairman.
    (b) A resolution with respect to a reorganization plan 
shall be referred to the [Committee on Governmental Affairs of 
the Senate and the Committee on Government Operations of the 
House] Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Oversight and Government 
Reform of the House of Representatives, as the case may be. The 
committee shall make its recommendations to the House of 
Representatives or the Senate, respectively, within 75 calendar 
days of continuous session of Congress following the date of 
such resolution's introduction.
    (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.

           *       *       *       *       *       *       *


SEC. 912. PROCEDURE AFTER REPORT OR DISCHARGE OF COMMITTEE; DEBATE; 
                    VOTE ON FINAL PASSAGE.

    (a) * * *
    (b) Debate on the resolution, and on all debatable motions 
and appeals in connection therewith, shall be limited to not 
more than [ten] 30 hours, which shall be divided equally 
between individuals favoring and individuals opposing the 
resolution. A motion to further limit debate [is in order and 
not debatable] is not in order. An amendment to, or a motion to 
postpone, or a motion to proceed to the consideration of other 
business, or a motion to recommit the resolution is not in 
order. A motion to reconsider the vote by which the resolution 
is passed or rejected shall not be in order.
    [(c) 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 appropriate House, the vote 
on final passage of the resolution shall occur.]
    (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.

                                [all]