I 

109TH CONGRESS 

1ST SESSION H. R. 3276

To provide for the establishment of Results Commissions to improve the 

results of executive branch agencies on behalf of the American people. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2005

Mr. PORTER (for himself, Mr. TOM DAVIS of Virginia, and Mr. BRADY of 

Texas) introduced the following bill; which was referred to the Committee 

on Government Reform, and in addition to the Committee on Rules, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide for the establishment of Results Commissions 

to improve the results of executive branch agencies on 

behalf of the American people.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Government Reorga5 nization and Improvement of Performance Act’’. 

6 SEC. 2. RESULTS COMMISSIONS. 

7 (a) ESTABLISHMENT OF COMMISSIONS.—
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1 (1) PROPOSAL AND TRANSMITTAL.—The Presi2 dent—

3 (A) may propose the establishment in the 

4 executive branch of one or more commissions 

5 for the purpose of improving the overall effec6 tiveness, efficiency, or accountability of execu7 tive branch operations through reorganization, 

8 with each such commission being known as a 

9 ‘‘Results Commission’’; and 

10 (B) may transmit such proposal to Con11 gress for expedited consideration under section 

12 3. 

13 (2) REASONS FOR ESTABLISHING RESULTS

14 COMMISSIONS.—In each proposal to establish a Re15 sults Commission, the President shall describe the 

16 agencies or programs being proposed for the Results 

17 Commission to study. In making a proposal to estab18 lish a Results Commission, the President shall iden19 tify areas where multiple Federal programs have 

20 similar, related, or overlapping responsibilities that 

21 are under the jurisdiction of multiple executive 

22 branch agencies and committees of Congress, and 

23 areas where reorganization may improve the overall 

24 effectiveness, efficiency, or accountability of execu25 tive branch operations. 
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1 (b) PROCEDURE FOR MAKING RECOMMENDATIONS

2 FOR IMPROVEMENTS IN EXECUTIVE BRANCH PERFORM3 ANCE.—

4 (1) The President may, from time to time in his 

5 discretion, submit to a Results Commission estab6 lished pursuant to this section one or more specific 

7 proposals to improve the performance of the execu8 tive branch by reorganizing agencies or programs in 

9 the areas that the Results Commission is authorized 

10 to study. 

11 (2) After receiving a specific proposal from the 

12 President under paragraph (1), a Results Commis13 sion shall evaluate the proposal and shall provide a 

14 response to the President on the proposal, including 

15 any changes that the Commission may wish to rec16 ommend. The Commission may recommend changes 

17 or additions to the proposal, and shall explain and 

18 justify any such recommended changes or additions, 

19 only if the Commission believes that such changes 

20 are necessary to better accomplish the stated pur21 pose of the President’s reorganization proposal. 

22 (3) If the President disapproves the rec23 ommendations of the Results Commission, in whole 

24 or in part, the President may transmit to the Re25 sults Commission the reasons for that disapproval. 
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1 The Commission shall then transmit to the Presi2 dent a report responding to the President’s concerns 

3 and any changes in its recommendations. 

4 (4) The President may transmit to Congress for 

5 expedited consideration under section 3 a copy of all 

6 of the final recommendations of each Results Com7 mission, together with legislation to accomplish those 

8 recommendations. 

9 (c) MEMBERSHIP, POWERS, AND OTHER MAT10 TERS.—

11 (1) IN GENERAL.—Each Results Commission 

12 shall be composed of seven members, who shall be 

13 appointed within 60 days after the date of the enact14 ment of the Act establishing the Commission. 

15 (2) APPOINTMENTS.—(A) The President shall 

16 appoint the seven members, who shall serve at the 

17 pleasure of the President, as follows: 

18 (i) One in consultation with the majority 

19 leader of the Senate. 

20 (ii) One in consultation with the minority 

21 leader of the Senate. 

22 (iii) One in consultation with the Speaker 

23 of the House of Representatives. 

24 (iv) One in consultation with the minority 

25 leader of the House of Representatives. 
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1 (v) Three other members. 

2 (B) Any vacancy on a Commission shall be 

3 filled in the manner in which the original appoint4 ment was made. 

5 (3) CHAIR AND VICE CHAIR.—The President 

6 shall designate one member of each Results Commis7 sion to serve as Chair and one member as Vice 

8 Chair. 

9 (4) LENGTH OF SERVICE.—The members of 

10 each Results Commission shall serve at the pleasure 

11 of the President. 

12 (5) VACANCIES.—Any vacancy on a Results 

13 Commission shall be filled in the manner in which 

14 the original appointment was made. 

15 (6) TERMINATION.—Each Results Commission 

16 shall cease to exist within nine months after the date 

17 it commences operations, unless provided otherwise 

18 in law. 

19 (7) DUTIES.—Each Results Commission is au20 thorized to—

21 (A) evaluate the merits of a specific pro22 posal by the President for governmental reorga23 nization; and 

24 (B) provide views to the President on the 

25 proposal, including any changes or additions to 
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1 the proposal that the Commission may wish to 

2 recommend. 

3 (8) POWERS RELATING TO OBTAINING INFOR4 MATION FROM FEDERAL AGENCIES.—

5 (A) IN GENERAL.—Each Results Commis6 sion is authorized to secure directly from any 

7 executive department, bureau, agency, board, 

8 commission, office, independent establishment, 

9 or instrumentality of the United States Govern10 ment, information, suggestions, estimates, and 

11 statistics for purposes of carrying out its duties. 

12 Each department, bureau, agency, board, com13 mission, office, independent establishment, or 

14 instrumentality shall, to the extent authorized 

15 by law, furnish such information, suggestions, 

16 estimates, and statistics directly to the Commis17 sion, upon request made by the chair or any 

18 other member designated by a majority of the 

19 Commission. 

20 (B) RECEIPT, HANDLING, STORAGE, AND

21 DISSEMINATION.—Information shall be received, 

22 handled, stored, and disseminated only by mem23 bers of the Commission and its staff consistent 

24 with all applicable statutes, regulations, and 

25 Executive orders. 
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1 (9) PUBLIC HEARINGS AND MEETINGS.—

2 (A) PUBLIC HEARINGS.—Each Results 

3 Commission shall hold public hearings and 

4 meetings to the extent appropriate. Any such 

5 public sessions shall be conducted in a manner 

6 consistent with the protection of information 

7 provided to or developed for or by the Commis8 sion as required by applicable law. 

9 (B) NONAPPLICABILITY OF FEDERAL AD10 VISORY COMMITTEE ACT.—The Federal Advi11 sory Committee Act (5 U.S.C. App.) shall not 

12 apply to any Results Commission. 

13 (10) INTERNAL PROCEDURES.—

14 (A) PROCEEDINGS.—Each Results Com15 mission shall commence operations within 6 

16 months after the date of enactment of the Act 

17 establishing the Commission and shall meet pe18 riodically at the call of the Chair. 

19 (B) QUORUM.—Four members of a Results 

20 Commission shall constitute a quorum but a 

21 lesser number may hold hearings. 

22 (11) PERSONNEL MATTERS.—

23 (A) TRAVEL EXPENSES.—The members of 

24 each Results Commission shall be allowed travel 

25 expenses, including per diem in lieu of subsist-
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1 ence, at rates authorized for employees of agen2 cies under subchapter I of chapter 57 of title 5, 

3 United States Code, while away from their 

4 homes or regular places of business in the per5 formance of services for the Commission. 

6 (B) DIRECTOR.—The Chair of each Re7 sults Commission may, without regard to the 

8 civil service laws and regulations, appoint and 

9 terminate a Director for the Commission. The 

10 Director shall be paid at a rate not to exceed 

11 the Level II of the Executive Schedule. 

12 (C) STAFF.—The Director may appoint 

13 and compensate staff for each Results Commis14 sion in accordance with section 3161 of title 5, 

15 United States Code. 

16 (D) APPLICABILITY OF CERTAIN CIVIL

17 SERVICE LAWS.—The Director and any staff of 

18 each Results Commission shall be employees 

19 under section 2105 of title 5, United States 

20 Code, for purposes of chapters 63, 81, 83, 84, 

21 85, 87, 89, and 90 of that title. 

22 (E) DETAIL OF GOVERNMENT EMPLOY23 EES.—Any Federal Government employee may 

24 be detailed to the Commission without reim25 bursement, and such detail shall be without 
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1 interruption or loss of civil service status or 

2 privilege. 

3 (F) PROCUREMENT OF TEMPORARY AND

4 INTERMITTENT SERVICES.—The Chair of each 

5 Results Commission may procure temporary 

6 and intermittent services under section 3109(b) 

7 of title 5, United States Code, at rates for indi8 viduals which do not exceed the daily equivalent 

9 of the annual rate of basic pay prescribed for 

10 Level II of the Executive Schedule under sec11 tion 5316 of such title. 

12 (12) OTHER ADMINISTRATIVE MATTERS.—

13 (A) POSTAL AND PRINTING SERVICES.—

14 Each Results Commission may use the United 

15 States mails and obtain printing and binding 

16 services in the same manner and under the 

17 same conditions as other departments and 

18 agencies of the United States. 

19 (B) ADMINISTRATIVE SUPPORT SERV20 ICES.—Upon the request of a Results Commis21 sion, the Administrator of General Services 

22 shall provide to the Results Commission, on a 

23 reimbursable basis, the administrative support 

24 services necessary for the Results Commission 

25 to carry out its duties. 
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1 (C) AUTHORIZATION OF APPROPRIA2 TIONS.—Such sums as may be necessary are 

3 authorized to be appropriated for the purposes 

4 of carrying out the duties of each Results Com5 mission. Such funds shall remain available until 

6 expended. 

7 (d) EXPEDITED CONGRESSIONAL REVIEW PROCE8 DURES.—In reviewing proposals by the President to estab9 lish a Results Commission and in reviewing proposals by 

10 the President to implement reorganizations recommended 

11 by a Results Commission, the Congress shall follow the 

12 expedited review procedures set forth in section 3 of this 

13 Act. 

14 SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCE15 DURES. 

16 (a) DEFINITIONS.—

17 (1) RESOLUTION OF APPROVAL.—

18 (A) IN GENERAL.—For the purposes of 

19 this section, the term ‘‘resolution’’ means only 

20 a joint resolution described in either subpara21 graph (B) or (C). 

22 (B) JOINT RESOLUTION RELATING TO ES23 TABLISHING RESULTS COMMISSION.—For pur24 poses of subparagraph (A), a joint resolution 
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1 described in this subparagraph is a joint resolu2 tion—

3 (i) which does not have a preamble; 

4 (ii) the title of which is as follows: 

5 ‘‘Joint resolution establishing the Results 

6 Commission proposed by the President 

7 under the Government Reorganization and 

8 Improvement of Performance Act’’; 

9 (iii) the matter after the resolving 

10 clause of which is as follows: ‘‘That Con11 gress establishes a Results Commission 

12 proposed by the President, as follows, that 

13 was transmitted on llll under the 

14 Government Reorganization and Improve15 ment of Performance Act:’’, the blank 

16 space being filled in with the appropriate 

17 date; and 

18 (iv) the remaining text of which con19 sists of the complete text of a legislative 

20 proposal transmitted by the President 

21 under section 2(a)(1). 

22 (C) JOINT RESOLUTION RELATING TO AP23 PROVING REORGANIZATION PROPOSAL.—For 

24 purposes of subparagraph (A), a joint resolu-
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1 tion described in this subparagraph is a joint 

2 resolution—

3 (i) which does not have a preamble; 

4 (ii) the title of which is as follows: 

5 ‘‘Joint resolution approving the reorganiza6 tion proposals of the President under the 

7 Government Reorganization and Improve8 ment of Performance Act’’; 

9 (iii) the matter after the resolving 

10 clause of which is as follows: ‘‘That Con11 gress approves the reorganization pro12 posals of the President, as follows, that 

13 were transmitted on llll under the 

14 Government Reorganization and Improve15 ment of Performance Act:’’, the blank 

16 space being filled in with the appropriate 

17 date; and 

18 (iv) the remaining text of which con19 sists of the complete text of a legislative 

20 proposal transmitted by the President 

21 under section 2(b)(4). 

22 (2) LEGISLATIVE DAY.—For the purposes of 

23 this section, the term ‘‘legislative day’’ refers to any 

24 day on which either House of Congress is in session. 
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1 (b) INTRODUCTION AND REFERENCE OF RESOLU2 TION.—

3 (1) Not later than the first day of session fol4 lowing the day on which a resolution is transmitted 

5 to Congress under section (2)(a)(1) or (2)(b)(4), the 

6 resolution shall be introduced (by request)—

7 (A) in the House of Representatives by the 

8 chairman of the Committee on Government Re9 form, or by a member or members of the House 

10 designated by such chairman; and 

11 (B) in the Senate by the chairman of the 

12 Committee on Homeland Security and Govern13 mental Affairs, or by a member of members of 

14 the Senate designated by such chairman. 

15 (2) A resolution with respect to a Results Com16 mission or a reorganization proposal shall be re17 ferred to the Committee on Government Reform of 

18 the House of Representatives and the Committee on 

19 on Homeland Security and Governmental Affairs of 

20 the Senate (and all resolutions with respect to the 

21 same commission or proposal shall be referred to the 

22 same committee) by the Speaker of the House or the 

23 President of the Senate, as the case may be. The 

24 committee shall makes its recommendations to the 

25 House of Representatives or the Senate, respectively, 
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1 within 75 calendar days of continuous session of 

2 Congress following the date of such resolutions’s in3 troduction. 

4 (c) EXPEDITED PROCEDURES RELATING TO DIS5 CHARGE OF COMMITTEE CONSIDERING RESOLUTION, 

6 PROCEDURE AFTER REPORT OR DISCHARGE OF COM7 MITTEE, DEBATE, AND VOTE ON FINAL PASSAGE.—Sec8 tions 911 and 912 of title 5, United States Code, shall 

9 apply to a resolution introduced pursuant to subsection 

10 (b)(1). In applying such sections—

11 (1) the term ‘‘resolution’’ means a resolution 

12 described in subparagraph (B) or (C) of subsection 

13 (a)(1) of this section; and 

14 (2) the term ‘‘reorganization plan’’ means a leg15 islative proposal to establish a Results Commission 

16 transmitted under section 2(a)(1), or a reorganiza17 tion proposal transmitted under section 2(b)(4). 

18 (d) EFFECTIVE DATE, PUBLICATION, EFFECT ON

19 OTHER LAWS, PENDING LEGAL PROCEEDINGS, AND UN20 EXPENDED APPROPRIATIONS.—Sections 906 and 907 of 

21 title 5, United States Code, shall apply to a resolution in22 troduced pursuant to subsection (b)(1). In applying such 

23 sections—
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1 (1) the term ‘‘resolution’’ means a resolution 

2 described in subparagraph (C) of subsection (a)(1) 

3 of this section; and 

4 (2) the term ‘‘reorganization plan’’ means a re5 organization proposal transmitted under section 

6 2(b)(4).

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