[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[Senate]
[Pages S12337-S12341]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMPSON (for himself, Mr. Lieberman, Mr. Brownback, Mr. 
        Roth, and Mr. Stevens):
  S. 2623. A bill to increase the efficiency and effectiveness of the 
Federal Government, and for other purposes; to the Committee on 
Governmental Affairs.
 Mr. THOMPSON. Mr. President, today I am pleased to introduce 
the Government for the 21st Century Act of 1998, a bill to establish a 
commission to bring the structure of our government in line with the 
needs of our Nation in the next century. This bipartisan legislation is 
the result of work over several months between myself and Senators 
Glenn, Brownback, Lieberman, Roth, and Stevens. It has been carefully 
crafted to address not just what our government should look like, but 
the more fundamental question of what it should do.
  We all know the old adage, ``form follows function''--but in the case 
of our government, form too often impedes function. The federal 
infrastructure should enable it to respond to national needs and the 
needs of individual citizens quickly, efficiently, and successfully--
but years of outmoded bureaucracies, procedures and red tape have 
impeded the kind of responsible service our citizens deserve and 
expect. The government we have today was designed for a world which has 
long since passed into history, a world in which personal computers did 
not exist, two-income families were the exception and no one had ever 
heard of a ``sport utility vehicle''. In short, it is time to modernize 
the federal government, and there is no more appropriate time to do it 
than on the eve of the next century.
  It seems to me that the federal government is doing too many things 
to do them all well. I believe we must reevaluate the functions of 
government to improve government service where it is needed, redirect 
resources where it is necessary, and get the federal government out of 
activities in which it does not belong. Our Founding Fathers envisioned 
a government of defined and limited powers. I can imagine their dismay 
if they knew the size and scope of the federal government today. We 
need to return to the limited government that the Founders intended, 
and the Commission established in the legislation we are introducing 
today is a major step in that direction.
  The Government Restructuring and Reform Commission established by 
this legislation would take a hard look at federal departments, 
agencies and programs and ask--
  Can and should we consolidate these agencies and programs to improve 
the implementation of their statutory missions, eliminate activities 
not essential to their statutory missions, and reduce duplication of 
activities while increasing accountability for performance?
  How can we improve management to maximize productivity, effectiveness 
and accountability?
  What criteria should we use in determining whether a federal activity 
should be privatized?
  Which departments or agencies should be eliminated because their 
functions are obsolete, redundant, or better performed by state and 
local governments or the private sector?
  We all want a federal government that is as innovative and responsive 
as the government we envision. Our challenge is to determine how to get 
there. We must start by asking ourselves what the essential functions 
of government will be in the next century, so we may tailor the scope 
and structure of the executive branch accordingly. Some activities now 
performed by the federal government may require more resources; others 
will surely require less. The Commission on Government Restructuring 
and Reform will give us a blueprint for designing a federal government 
to meet our Nation's needs now and in the future.
  I am pleased that Senators Lieberman, Brownback, Roth, and Stevens 
are joining me in introducing this bill today, and I thank them for the 
time and staff they have devoted to the effort. I look forward to 
working with them on this important legislation.
  I ask unanimous consent that the Government for the 21st Century Act, 
along with the brief summary and section-by-section analysis, be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2623

       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.

[[Page S12338]]

       (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

[[Page S12339]]

     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

[[Page S12340]]

       (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.
                                  ____


           Government for the 21st Century Act--Brief Summary

       This legislation will reduce the cost and increase the 
     effectiveness of the Federal government. It achieves this by 
     establishing a commission to propose to Congress and the 
     President a plan to bring the structure and operations of the 
     Federal government in line with the needs of Americans in the 
     next century.
       Duties of the Commission: The Commission is authorized 
     under this legislation to: Reorganize Federal departments and 
     agencies, eliminate activities not essential to fulfilling 
     agency missions, streamline government operations, and 
     consolidate redundant activities.
       The Commission would not be authorized to: Continue any 
     agency or function beyond its current authorization, 
     authorize functions not performed already by the Federal 
     government, eliminate enforcement functions, and change rules 
     of Congress.
       Composition of the Commission: The Commission shall consist 
     of 9 members appointed by the President and the Congressional 
     Leadership of both parties. No more than 5 members can be 
     affiliated with one party.
       How the Commission Works: The process established in this 
     legislation is bipartisan, allows input by the President, and 
     is fully open and public.
       1. The Commission Report: By July 1, 1999, the President 
     may submit his recommendations to the Commission. By December 
     1, 1999, the Commission shall submit to the President and 
     Congress a preliminary recommendations on restructuring the 
     Federal Government. After a public comment period, the 
     Commission shall prepare a final report and submit it to the 
     President for review and comment.
       2. Presidential Review and Comment: The President has 30 
     days to approve or disapprove the Commission's report. The 
     Commission may or may not modify its report based on the 
     President's comments, at its discretion, and shall issue its 
     final report to Congress.
       3. Congressional Consideration: The final report shall be 
     introduced in both Houses by request and referred to the 
     appropriate committee(s). After 30 days, the bills may be 
     considered by the full House and Senate, and are subject to 
     amendment.
       Implementation: Once legislation effecting the Commission's 
     recommendations is enacted, the Office of Management and 
     Budget shall be responsible for implementing it, and the 
     General Accounting Office shall report to Congress on the 
     progress of implementation.

    Government for the 21st Century Act of 1998--Section by Section 
                                Analysis


                   SECTION 1. SHORT TITLE AND PURPOSE

       This act may be known as the ``Government for the 21st 
     Century Act of 1998.'' Its purpose is to reduce the cost and 
     increase the effectiveness of the Executive Branch. It 
     achieves this by creating a commission to propose to Congress 
     and the President a plan to reorganize departments and 
     agencies, consolidate redundant activities, streamline 
     operations, and decentralize service delivery in a manner 
     that promotes economy, efficiency, and accountability in 
     government programs.


                         SECTION 2. DEFINITIONS

       This section defines ``agency'' as all Federal departments, 
     independent agencies, government-sponsored enterprises and 
     government corporations, and defines ``private sector'' as 
     any business, partnership, association, corporation, 
     educational institution, nonprofit or individual.


                       SECTION 3. THE COMMISSION

       This section establishes a commission, known as the 
     Commission on Government Restructuring and Reform, to make 
     recommendations to reform and restructure the executive 
     branch. The Commission shall make proposals to consolidate, 
     reorganize or eliminate executive branch agencies and 
     programs in order to improve effectiveness, efficiency, 
     consistency and accountability in government. The Commission 
     shall also recommend criteria by which to determine which 
     functions of government should be privatized. The Commission 
     may not propose to continue agencies or functions beyond 
     their current legal authorization, nor may the Commission 
     propose to eliminate enforcement functions of any agencies or 
     change the rules of either House of Congress.
       The Commission shall be composed of 9 members appointed by 
     the President, the Majority and Minority Leaders of the 
     Senate, and the Speaker and Minority Leader of the House of 
     Representatives.
       The Commission shall be managed by a Director and shall 
     have a staff, which may include detailees. The Office of 
     Management and Budget shall provide support services and the 
     Comptroller General may provide assistance to the Commission.
       This section also authorizes $2.5 million to be 
     appropriated in fiscal years 1999 and $5 million for fiscal 
     years 2000 and 2001 for the Commission to carry out its 
     duties, and states that the Commission shall terminate no 
     later than September 30, 2001.


            SECTION 4. PROCEDURES FOR MAKING RECOMMENDATIONS

       By July 1, 1999, the President may submit his 
     recommendation on government reorganization to the 
     Commission. The President's recommendation must be consistent 
     with the duties and limitations given to the Commission in 
     formulating its recommendations by this act and must be 
     transmitted to the Commission as a single legislative 
     proposal.
       By December 1, 1999, the Commission shall prepare and 
     submit a single preliminary report to the President and 
     Congress. That report must include a description of the 
     Commission's findings and recommendations and the reasons for 
     such recommendations. This proposed must be approved by at 
     least 6 members of the Commission.
       This section also provides that all Federal departments and 
     agencies must cooperate fully with all requests for 
     information from Commission.


          section 5. procedures for implementation of reports

       This section provides that any preliminary report submitted 
     to the President and the Congress under Section 4 be made 
     available immediately to the public. During the 60-day period 
     after the submission of the preliminary report, the 
     Commission shall hold public hearings to receive comments on 
     the report.
       Six months after the conclusion of the period for public 
     comments, the Commission shall submit a final report to the 
     President. This report shall be made available to the public, 
     and shall include a description of the Commission's findings 
     and recommendations, the reasons for such recommendations, 
     and a single legislative proposal to implement the 
     recommendations.
       The President shall then approve or disapprove the report 
     within 30 days. If he fails to act, after 30 days the report 
     is immediately submitted to Congress. If the President 
     approves the report, he than shall submit the report to 
     Congress for legislative action under Section 6.
       If he disapproves the 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. For 30 days after the President disapproves a 
     report, the Commission may consider any issues and objections 
     raised by the President and may modify the report on these 
     issues and objections. After 30 days, the Commission must 
     submit its final report (as modified if modified) to the 
     President and Congress.


       SECTION 6. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS

       After a final report is submitted to the Congress, the 
     single implementation bill shall be introduced by request in 
     the House and Senate by the Majority and Minority Leaders in 
     each chamber or their designees.
       This section stipulates that the implementation bill be 
     referred to the appropriate committee of jurisdiction in the 
     Senate and the appropriate committee of jurisdiction in the 
     House of Representatives. Each committee must report the bill 
     to its respective House chamber within 30 days with relevant 
     amendments proposed to be adopted. If a committee fails to 
     report such bill within 30 days, that committees is 
     immediately discharged from further consideration, and the 
     bill is placed on the appropriate calendar.
       Section 6(c) outlines procedures for Senate floor 
     consideration of legislation implementing the Commission's 
     recommendation. On or after the fifth calendar day after the 
     date on which the implementation bill is placed on the Senate 
     calendar, any Senator may make a privileged motion to 
     consider the implementation bill. Only relevant amendments 
     shall be in order, and motions to postpone, recommit, or 
     reconsider the vote by which the bill is agreed to are not in 
     order.
       Section 6(d) outlines procedures for House floor 
     consideration of legislation implementing the Commission's 
     recommendations.

[[Page S12341]]

     General debate on the implementation bill is limited to 10 
     hours equally divided in the House, and controlled by the 
     Majority and Minority Leaders. Amendments shall be considered 
     by title under the five minute rule, and shall be debatable 
     for 30 minutes equally divided. Debate on all amendments 
     shall not exceed 20 hours.
       This section further states that within 20 calendar days, 
     conferees shall report to their respective House.


                       SECTION 7. IMPLEMENTATION

       The Office of Management and Budget shall have primary 
     responsibility for implementing the Commission's report and 
     any implementation legislation that is enacted, unless 
     otherwise specified in the implementation bill.
       Federal departments and agencies are required to include a 
     schedule for implementation of the provisions of the 
     implementation as a part of their annual budget request.
       GAO is given oversight responsibility and is required to 
     report to the Congress and the President regarding the 
     accomplishment, the costs, the timetable, and the 
     effectiveness of the implementation process.


                   SECTION 8. DISTRIBUTION OF ASSETS

       Any proceeds from the sale of assets of any department or 
     agency resulting from the implementation legislation shall be 
     applied to the Federal deficit and deposited in the Treasury 
     and treated as general receipts.

 Mr. BROWNBACK. Mr. President, I am pleased to join Senator 
Thompson in introducing the Government for the 21st Century Act of 
1998. Both majority and minority members of the Senate Governmental 
Affairs Committee have been working on this legislation throughout this 
Congress and have come to agreement to introduce this important bill.
  The Government for the 21st Century Act would establish a commission 
to propose to Congress and the President a plan to reduce the cost and 
increase the effectiveness of the Federal government by bringing its 
structure and operations in line with the needs of America in the next 
century. The commission would consist of nine members appointed by the 
President and the congressional leadership of both parties.
  The President may submit his recommendations to the Commission by 
July 1, 1999. By December 1, 1999, the Commission shall submit to the 
President and Congress preliminary recommendations on restructuring the 
Federal government. After a public comment period, the Commission will 
prepare a final report to the President. Legislation based on the final 
report would be introduced in both Houses and referred to the 
appropriate committee of jurisdiction. The bill would be considered by 
both Houses after 30 days. Once the legislation is signed into law, the 
Office of Management and Budget would be responsible for 
implementation.
  The Commission would reinforce our work to maintain a balanced 
budget. Good government must have agencies that operate efficiently and 
effectively within their core mission and within their budget. We have 
achieved one goal of operating within a balanced budget but we must 
continue to work towards the other. Even under a balanced budget and a 
budget surplus, inefficiencies and rising costs remain in the Federal 
government. A balanced budget and a budget surplus does not preclude 
the Federal government from being accountable to the American people. 
The Government for the 21st Century Act would see to it that the 
Federal government will continue to be accountable.
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