[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2623 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2623

To increase the efficiency and effectiveness of the Federal Government, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 10 (legislative day, October 2), 1998

Mr. Thompson (for himself, Mr. Lieberman, Mr. Brownback, Mr. Roth, and 
 Mr. Stevens) introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To increase the efficiency and effectiveness of the Federal Government, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Government for the 
21st Century Act of 1998''.
    (b) Purpose.--
            (1) In general.--The purpose of this Act is to reduce the 
        cost and increase the effectiveness of the Federal Government 
        by reorganizing departments and agencies, consolidating 
        redundant activities, streamlining operations, and 
        decentralizing service delivery in a manner that promotes 
        economy, efficiency, and accountability in Government programs. 
        This Act is intended to result in a Federal Government that--
                    (A) utilizes a smaller and more effective 
                workforce;
                    (B) motivates its workforce by providing a better 
                organizational environment; and
                    (C) ensures greater access and accountability to 
                the public in policy formulation and service delivery.
            (2) Specific goals.--This Act is intended to achieve the 
        following goals for improvements in the performance of the 
        Federal Government by October 1, 2002:
                    (A) A restructuring of the cabinet and sub-cabinet 
                level agencies.
                    (B) A substantial reduction in the costs of 
                administering Government programs.
                    (C) A dramatic and noticeable improvement in the 
                timely and courteous delivery of services to the 
                public.
                    (D) Responsiveness and customer-service levels 
                comparable to those achieved in the private sector.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the term--
            (1) ``agency'' includes all Federal departments, 
        independent agencies, Government-sponsored enterprises, and 
        Government corporations; and
            (2) ``private sector'' means any business, partnership, 
        association, corporation, educational institution, nonprofit 
        organization, or individuals.

SEC. 3. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the Commission on Government Restructuring and Reform 
(hereafter in this Act referred to as the ``Commission'').
    (b) Duties.--The Commission shall examine and make recommendations 
to reform and restructure the organization and operations of the 
executive branch of the Federal Government to improve economy, 
efficiency, effectiveness, consistency, and accountability in 
Government programs and services, and shall include and be limited to 
proposals to--
            (1) consolidate or reorganize programs, departments, and 
        agencies in order to--
                    (A) improve the effective implementation of their 
                statutory missions;
                    (B) eliminate activities not essential to the 
                effective implementation of statutory missions;
                    (C) reduce the duplication of activities among 
                agencies; or
                    (D) reduce layers of organizational hierarchy and 
                personnel where appropriate to improve the effective 
                implementation of statutory missions and increase 
                accountability for performance;
            (2) improve and strengthen management capacity in 
        departments and agencies (including central management 
        agencies) to maximize productivity, effectiveness, and 
        accountability;
            (3) propose criteria for use by the President and Congress 
        in evaluating proposals to establish, or to assign a function 
        to, an executive entity, including a Government corporation or 
        Government-sponsored enterprise;
            (4) define the missions, roles, and responsibilities of any 
        new, reorganized, or consolidated department or agency proposed 
        by the Commission;
            (5) eliminate the departments or agencies whose missions 
        and functions have been determined to be--
                    (A) obsolete, redundant, or complete; or
                    (B) more effectively performed by other units of 
                government (including other Federal departments and 
                agencies and State and local governments) or by the 
                private sector; and
            (6) establish criteria for use by the President and 
        Congress in evaluating proposals to privatize, or to contract 
        with the private sector for the performance of, functions 
        currently administered by the Federal Government.
    (c) Limitations on Commission Recommendations.--The Commission's 
recommendations or proposals under this Act may not provide for or have 
the effect of--
            (1) continuing an agency beyond the period authorized by 
        law for its existence;
            (2) continuing a function beyond the period authorized by 
        law for its existence;
            (3) authorizing an agency to exercise a function which is 
        not already being performed by any agency;
            (4) eliminating the enforcement functions of an agency, 
        except such functions may be transferred to another executive 
        department or independent agency; or
            (5) adding, deleting, or changing any rule of either House 
        of Congress.
    (d) Appointment.--
            (1) Members.--The Commissioners shall be appointed for the 
        life of the Commission and shall be composed of nine members of 
        whom--
                    (A) three shall be appointed by the President of 
                the United States;
                    (B) two shall be appointed by the Speaker of the 
                House of Representatives;
                    (C) one shall be appointed by the minority Leader 
                of the House of Representatives;
                    (D) two shall be appointed by the majority Leader 
                of the Senate; and
                    (E) one shall be appointed by the minority Leader 
                of the Senate.
            (2) Consultation required.--The President, the Speaker of 
        the House of Representatives, the minority leader of the House 
        of Representatives, the majority leader of the Senate, and the 
        minority leader of the Senate shall consult among themselves 
        prior to the appointment of the members of the Commission in 
        order to achieve, to the maximum extent possible, fair and 
        equitable representation of various points of view with respect 
        to the matters to be studied by the Commission under subsection 
        (b).
            (3) Chairman.--At the time the President nominates 
        individuals for appointment to the Commission the President 
        shall designate one such individual who shall serve as Chairman 
        of the Commission.
            (4) Membership.--A member of the Commission may be any 
        citizen of the United States who is not an elected or appointed 
        Federal public official, a Federal career civil servant, or a 
        congressional employee.
            (5) Conflict of interests.--For purposes of the provisions 
        of chapter 11 of part I of title 18, United States Code, a 
        member of the Commission (to whom such provisions would not 
        otherwise apply except for this paragraph) shall be a special 
        Government employee.
            (6) Date of appointments.--All members of the Commission 
        shall be appointed within 90 days after the date of enactment 
        of this Act.
    (e) Terms.--Each member shall serve until the termination of the 
Commission.
    (f) Vacancies.--A vacancy on the Commission shall be filled in the 
same manner as was the original appointment.
    (g) Meetings.--The Commission shall meet as necessary to carry out 
its responsibilities. The Commission may conduct meetings outside the 
District of Columbia when necessary.
    (h) Pay and Travel Expenses.--
            (1) Pay.--
                    (A) Chairman.--Except for an individual who is 
                chairman of the Commission and is otherwise a Federal 
                officer or employee, the chairman shall be paid at a 
                rate equal to the daily equivalent of the minimum 
                annual rate of basic pay payable for level III of the 
                Executive Schedule under section 5314 of title 5, 
                United States Code, for each day (including traveltime) 
                during which the chairman is engaged in the performance 
                of duties vested in the Commission.
                    (B) Members.--Except for the chairman who shall be 
                paid as provided under subparagraph (A), each member of 
                the Commission who is not a Federal officer or employee 
                shall be paid at a rate equal to the daily 
equivalent of the minimum annual rate of basic pay payable for level IV 
of the Executive Schedule under section 5315 of title 5, United States 
Code, for each day (including traveltime) during which the member is 
engaged in the performance of duties vested in the Commission.
            (2) Travel.--Members of the Commission shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (i) Director.--
            (1) Appointment.--The Chairman of the Commission shall 
        appoint a Director of the Commission without regard to section 
        5311(b) of title 5, United States Code.
            (2) Pay.--The Director shall be paid at the rate of basic 
        pay payable for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
    (j) Staff.--
            (1) Appointment.--The Director may, with the approval of 
        the Commission, appoint and fix the pay of employees of the 
        Commission without regard to the provisions of title 5, United 
        States Code, governing appointment in the competitive service, 
        and any Commission employee may be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification and General Schedule pay 
        rates, except that a Commission employee may not receive pay in 
        excess of the annual rate of basic pay payable for level V of 
        the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (2) Detail.--
                    (A) Details from agencies.--Upon request of the 
                Director, the head of any Federal department or agency 
                may detail any of the personnel of the department or 
                agency to the Commission to assist the Commission in 
                carrying out its duties under this Act.
                    (B) Details from congress.--Upon request of the 
                Director, a Member of Congress or an officer who is the 
                head of an office of the Senate or House of 
                Representatives may detail an employee of the office or 
                committee of which such Member or officer is the head 
                to the Commission to assist the Commission in carrying 
                out its duties under this Act.
                    (C) Reimbursement.--Any Federal Government employee 
                may be detailed to the Commission with or without 
                reimbursement, and such detail shall be without 
                interruption or loss of civil service status or 
                privilege.
    (k) Support.--
            (1) Support services.--The Office of Management and Budget 
        shall provide support services to the Commission.
            (2) Assistance.--The Comptroller General of the United 
        States may provide assistance, including the detailing of 
        employees, to the Commission in accordance with an agreement 
        entered into with the Commission.
    (l) Other Authority.--The Commission may procure by contract, to 
the extent funds are available, the temporary or intermittent services 
of experts or consultants pursuant to section 3109 of title 5, United 
States Code. The Commission shall give public notice of any such 
contract before entering into such contract.
    (m) Application of Federal Advisory Committee Act.--The Commission 
shall be subject to the provisions of the Federal Advisory Committee 
Act (5 U.S.C. App.).
    (n) Funding.--There are authorized to be appropriated to the 
Commission $2,500,000 for fiscal year 1999, and $5,000,000 for each of 
fiscal years 2000 and 2001 to enable the Commission to carry out its 
duties under this Act.
    (o) Termination.--The Commission shall terminate no later than 
September 30, 2001.

SEC. 4. PROCEDURES FOR MAKING RECOMMENDATIONS.

    (a) Presidential Recommendations.--No later than July 1, 1999, the 
President may submit to the Commission a report making recommendations 
consistent with the criteria under section 3 (b) and (c). Such a report 
shall contain a single legislative proposal (including legislation 
proposed to be enacted) to implement those recommendations for which 
legislation is necessary or appropriate.
    (b) In General.--No later than December 1, 2000, the Commission 
shall prepare and submit a single preliminary report to the President 
and Congress, which shall include--
            (1) a description of the Commission's findings and 
        recommendations, taking into account any recommendations 
        submitted by the President to the Commission under subsection 
        (a); and
            (2) reasons for such recommendations.
    (c) Commission Votes.--No legislative proposal or preliminary or 
final report (including a final report after disapproval) may be 
submitted by the Commission to the President and Congress without the 
affirmative vote of at least 6 members.
    (d) Department and Agency Cooperation.--All Federal departments, 
agencies, and divisions and employees of all departments, agencies, and 
divisions shall cooperate fully with all requests for information from 
the Commission and shall respond to any such requests for information 
expeditiously, or no later than 15 calendar days or such other time 
agreed upon by the requesting and requested parties.

SEC. 5. PROCEDURE FOR IMPLEMENTATION OF REPORTS.

    (a) Preliminary Report and Review Procedure.--Any preliminary 
report submitted to the President and Congress under section 4(b) shall 
be made immediately available to the public. During the 60-day period 
beginning on the date on which the preliminary report is submitted, the 
Commission shall announce and hold public hearings for the purpose of 
receiving comments on the reports.
    (b) Final Report.--No later than 6 months after the conclusion of 
the period for public hearing under subsection (a), the Commission 
shall prepare and submit a final report to the President. Such report 
shall be made available to the public on the date of submission to the 
President. Such report shall include--
            (1) a description of the Commission's findings and 
        recommendations, including a description of changes made to the 
        report as a result of public comment on the preliminary report;
            (2) reasons for such recommendations; and
            (3) a single legislative proposal (including legislation 
        proposed to be enacted) to implement those recommendations for 
        which legislation is necessary or appropriate.
    (c) Extension of Final Report.--By affirmative vote pursuant to 
section 4(c), the Commission may extend the deadline under subsection 
(b) by a period not to exceed 90 days.
    (d) Review by the President.--
            (1) In general.--
                    (A) Presidential action.--No later than 30 calendar 
                days after receipt of a final report under subsection 
                (b), the President shall approve or disapprove the 
                report.
                    (B) Presidential inaction.--
                            (i) In general.--If the President does not 
                        approve or disapprove the final report within 
                        30 calendar days in accordance with 
                        subparagraph (A), Congress shall consider the 
                        report in accordance with clause (ii).
                            (ii) Submission.--Subject to clause (i), 
                        the Commission shall submit the final report, 
                        without further modification, to Congress on 
                        the date occurring 31 calendar days after the 
                        date on which the Commission submitted the 
                        final report to the President under subsection 
                        (b).
            (2) Approval.--If the report is approved, the President 
        shall submit the report to Congress for legislative action 
        under section 6.
            (3) Disapproval.--If the President disapproves a final 
        report, the President shall report specific issues and 
        objections, including the reasons for any changes recommended 
        in the report, to the Commission and Congress.
            (4) Final report after disapproval.--The Commission shall 
        consider any issues or objections raised by the President and 
        may modify the report based on such issues and objections. No 
        later than 30 calendar days after receipt of the President's 
        disapproval under paragraph (3), the Commission shall submit 
        the final report (as modified if modified) to the President and 
        to Congress.

SEC. 6. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.

    (a) Definitions.--For purposes of this section--
            (1) the term ``implementation bill'' means only a bill 
        which is introduced as provided under subsection (b), and 
        contains the proposed legislation included in the final report 
        submitted to the Congress under section 5(d) (1)(B), (2), or 
        (4), without modification; and
            (2) the term ``calendar day'' means a calendar day other 
        than one on which either House is not in session because of an 
        adjournment of more than three days to a date certain.
    (b) Introduction, Referral, and Report or Discharge.--
            (1) Introduction.--On the first calendar day on which both 
        Houses are in session, on or immediately following the date on 
        which a final report is submitted to the Congress under section 
        5(d) (1)(B), (2), or (4), a single implementation bill shall be 
        introduced (by request)--
                    (A) in the Senate by the Majority Leader of the 
                Senate, for himself and the Minority Leader of the 
                Senate, or by Members of the Senate designated by the 
                Majority Leader and Minority Leader of the Senate; and
                    (B) in the House of Representatives by the Majority 
                Leader of the House of Representatives, for himself and 
                the Minority Leader of the House of Representatives, or 
                by Members of the House of Representatives designated 
                by the Majority Leader and Minority Leader of the House 
                of Representatives.
            (2) Referral.--The implementation bills introduced under 
        paragraph (1) shall be referred to the appropriate committee of 
        jurisdiction in the Senate and the appropriate committee of 
        jurisdiction in the House of Representatives. A committee to 
        which an implementation bill is referred under this paragraph 
        may report such bill to the respective House with amendments 
        proposed to be adopted. No such amendment may be proposed 
        unless such proposed amendment is relevant to such bill.
            (3) Report or discharge.--If a committee to which an 
        implementation bill is referred has not reported such bill by 
        the end of the 30th calendar day after the date of the 
        introduction of such bill, such committee shall be immediately 
        discharged from further consideration of such bill, and upon 
        being reported or discharged from the committee, such bill 
        shall be placed on the appropriate calendar.
    (c) Senate Consideration.--
            (1) In general.--On or after the fifth calendar day after 
        the date on which an implementation bill is placed on the 
        Senate calendar under subsection (b)(3), it is in order (even 
        if a previous motion to the same effect has been disagreed to) 
        for any Senator to make a motion to proceed to the 
        consideration of the implementation bill. The motion is not 
        debatable. All points of order against the implementation bill 
        (and against consideration of the implementation bill) other 
        than points of order under Senate Rule 15, 16, or for failure 
        to comply with requirements of this section are waived. The 
        motion is not subject to a motion to postpone. A motion to 
        reconsider the vote by which the motion to proceed is agreed to 
        or disagreed to shall not be in order. If a motion to proceed 
        to the consideration of the implementation bill is agreed to, 
        the Senate shall immediately proceed to consideration of the 
        implementation bill.
            (2) Debate.--In the Senate, no amendment which is not 
        relevant to the bill shall be in order. A motion to postpone is 
        not in order. A motion to recommit the implementation bill is 
        not in order. A motion to reconsider the vote by which the 
        implementation bill is agreed to or disagreed to is not in 
        order.
            (3) Appeals from chair.--Appeals from the decisions of the 
        Chair relating to the application of the rules of the Senate to 
        the procedure relating to an implementation bill shall be 
        decided without debate.
    (d) Consideration in the House of Representatives.--
            (1) In general.--At any time on or after the fifth calendar 
        day after the date on which each committee of the House of 
        Representatives to which an implementation bill is referred has 
        reported that bill, or has been discharged under subsection 
        (b)(3) from further consideration of that bill, the Speaker 
        may, pursuant to clause 1(b) of rule XXIII, declare the House 
        resolved into the Committee of the Whole House on the State of 
        the Union for the consideration of that bill. All points of 
        order against the bill, the consideration of the bill, and 
        provisions of the bill shall be waived, and the first reading 
        of the bill shall be dispensed with. After general debate, 
        which shall be confined to the bill and which shall not exceed 
        10 hours, to be equally divided and controlled by the Majority 
        Leader and the Minority Leader, the bill shall be considered 
        for amendment by title under the five-minute rule and each 
        title shall be considered as having been read.
            (2) Amendments.--Each amendment shall be considered as 
        having been read, shall not be subject to a demand for a 
        division of the question in the House or in the Committee of 
        the Whole, and shall be debatable for not to exceed 30 minutes, 
        equally divided and controlled by the proponent and a Member 
        opposed thereto, except that the time for consideration, 
        including debate and disposition, of all amendments to the bill 
        shall not exceed 20 hours.
            (3) Final passage.--At the conclusion of the consideration 
        of the bill, the Committee shall rise and report the bill to 
        the House with such amendments as may have been agreed to, and 
        the previous question shall be considered as ordered on the 
        bill and amendments thereto to final passage without 
        intervening motion except one motion to recommit.
    (e) Conference.--
            (1) Appointment of conferees.--In the Senate, a motion to 
        elect or to authorize the appointment of conferees by the 
        presiding officer shall not be debatable.
            (2) Conference report.--No later than 20 calendar days 
        after the appointment of conferees, the conferees shall report 
        to their respective Houses.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        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 an implementation bill described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 7. IMPLEMENTATION.

    (a) Responsibility for Implementation.--The Director of the Office 
of Management and Budget shall have primary responsibility for 
implementation of the Commission's report and the Act enacted under 
section 6 (unless such Act provides otherwise). The Director of the 
Office of Management and Budget shall notify and provide direction to 
heads of affected departments, agencies, and programs. The head of an 
affected department, agency, or program shall be responsible for 
implementation and shall proceed with the recommendations contained in 
the report as provided under subsection (b).
    (b) Departments and Agencies.--After the enactment of an Act under 
section 6, each affected Federal department and agency as a part of its 
annual budget request shall transmit to the appropriate committees of 
Congress its schedule for implementation of the provisions of the Act 
for each fiscal year. In addition, the report shall contain an estimate 
of the total expenditures required and the cost savings to be achieved 
by each action, along with the Secretary's assessment of the effect of 
the action. The report shall also include a report of any activities 
that have been eliminated, consolidated, or transferred to other 
departments or agencies.
    (c) GAO Oversight.--The Comptroller General shall periodically 
report to Congress and the President regarding the accomplishment, the 
costs, the timetable, and the effectiveness of the implementation of 
any Act enacted under section 6.

SEC. 8. DISTRIBUTION OF ASSETS.

    Any proceeds from the sale of assets of any department or agency 
resulting from the enactment of an Act under section 6 shall be--
            (1) applied to reduce the Federal deficit; and
            (2) deposited in the Treasury and treated as general 
        receipts.
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