I

103D CONGRESS

1ST SESSION H. R. 826

To provide for the establishment, testing, and evaluation of strategic planning

and performance measurement in the Federal Government, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. CONYERS (for himself, Mr. CLINGER, and Mr. MCDADE) introduced the

following bill; which was referred jointly to the Committees on Government Operations and Rules

A BILL

To provide for the establishment, testing, and evaluation

of strategic planning and performance measurement in

the Federal Government, and for other purposes.

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 Perform5 ance and Results Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—

8 (1) waste and inefficiency in Federal programs

9 undermine the confidence of the American people in
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1 the Government and reduces the Federal Govern2 ment’s ability to address adequately vital public

3 needs;

4 (2) Federal managers are seriously disadvan5 taged in their efforts to improve program efficiency

6 and effectiveness, because of insufficient articulation

7 of program goals and inadequate information on

8 program performance; and

9 (3) congressional policymaking, spending deci10 sions and program oversight are seriously handi11 capped by insufficient attention to program perform12 ance and results.

13 (b) PURPOSES.—The purposes of this Act are to—

14 (1) improve the confidence of the American peo15 ple in the capability of the Federal Government, by

16 systematically holding Federal agencies accountable

17 for achieving program results;

18 (2) initiate program performance reform with a

19 series of pilot projects in setting program goals,

20 measuring program performance against those goals,

21 and reporting publicly on their progress;

22 (3) improve Federal program effectiveness and

23 public accountability by promoting a new focus on

24 results, service quality, and customer satisfaction;
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1 (4) help Federal managers improve service de2 livery, by requiring that they plan for meeting pro3 gram objectives and by providing them with informa4 tion about program results and service quality;

5 (5) improve congressional decisionmaking by

6 providing more objective information on achieving

7 statutory objectives, and on the relative effectiveness

8 and efficiency of Federal programs and spending;

9 and

10 (6) improve internal management of the Fed11 eral Government, and the intent of this Act is not

12 to create any right or benefit, substantive or proce13 dural, enforceable at law by any party against the

14 United States, or any agency or office of the United

15 States.

16 SEC. 3. STRATEGIC PLANNING.

17 Chapter 3 of title 5, United States Code, is amended

18 by adding after section 305 the following new section:

19 ‘‘§ 306. Strategic plans

20 ‘‘(a) No later than September 30, 1997, the head of

21 each agency shall submit to the Director of the Office of

22 Management and Budget a strategic plan for program ac23 tivities. Such plan shall contain—
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1 ‘‘(1) a comprehensive mission statement cover2 ing the major functions and operations of the

3 agency;

4 ‘‘(2) general goals and objectives, including out5 come-related goals and objectives, for the major

6 functions and operations of the agency;

7 ‘‘(3) a description of how the goals and objec8 tives are to be achieved, including a description of

9 the operational processes, skills and technology, and

10 the human, capital, information, and other resources

11 required to meet those goals and objectives;

12 ‘‘(4) a description of how the performance goals

13 included in the plan required by section 1115(a) of

14 title 31 shall be related to the general goals and ob15 jectives in the strategic plan;

16 ‘‘(5) an identification of those key factors exter17 nal to the agency and beyond its control that could

18 significantly affect the achievement of the general

19 goals and objectives; and

20 ‘‘(6) a description of the program evaluations

21 used in establishing or revising general goals and ob22 jectives, with a schedule for future program evalua23 tions.

24 ‘‘(b) The strategic plan shall cover a period of not

25 less than five years forward from the fiscal year in which
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1 it is submitted, and shall be updated and revised at least

2 every three years.

3 ‘‘(c) The performance plan required by section 1115

4 of title 31 shall be consistent with the agency’s strategic

5 plan. A performance plan may not be submitted for a fis6 cal year not covered by a current strategic plan under this

7 section.

8 ‘‘(d) When developing a strategic plan, the agency

9 shall consult with the Congress, and shall solicit and con10 sider the views and suggestions of those entities poten11 tially affected by or interested in such a plan.

12 ‘‘(e) For purposes of this section the term ‘agency’

13 means an Executive agency defined under section 105, but

14 does not include the Central Intelligence Agency, the Gen15 eral Accounting Office, the Panama Canal Commission,

16 the United States Postal Service, and the Postal Rate

17 Commission.’’.

18 SEC. 4. ANNUAL PERFORMANCE PLANS AND REPORTS.

19 (a) BUDGET CONTENTS AND SUBMISSION TO CON20 GRESS.—Section 1105(a) of title 31, United States Code,

21 is amended by adding at the end thereof the following new

22 paragraph:

23 ‘‘(29) beginning with fiscal year 1999, a Fed24 eral Government performance plan for the overall

25 budget as provided for under section 1115.’’.
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1 (b) PERFORMANCE PLANS AND REPORTS.—Chapter

2 11 of title 31, United States Code, is amended by adding

3 after section 1114 the following new sections:

4 ‘‘§ 1115. Performance plans

5 ‘‘(a) In carrying out the provisions of section

6 1105(a)(29), the Office of Management and Budget shall

7 require each agency to prepare an annual performance

8 plan covering each program activity set forth in the budget

9 of such agency. Such plan shall—

10 ‘‘(1) establish performance goals to define the

11 level of performance to be achieved by a program

12 activity;

13 ‘‘(2) express such goals in an objective, quan14 tifiable, and measurable form unless permitted an

15 alternative form under subsection (b);

16 ‘‘(3) describe the operational processes, skills

17 and technology, and the human, capital, information,

18 and other resources required to meet the perform19 ance goals;

20 ‘‘(4) establish performance indicators to be used

21 in measuring or assessing the relevant outputs, serv22 ice levels, and outcomes of each program activity;

23 ‘‘(5) provide a basis for comparing actual pro24 gram results with the established performance goals;

25 and
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1 ‘‘(6) describe the means to be used to verify

2 and validate measured values.

3 ‘‘(b) If an agency, in consultation with the Office of

4 Management and Budget, determines that it is not fea5 sible to express the performance goals for a particular pro6 gram activity in an objective and quantifiable form, the

7 Office of Management and Budget may authorize an alter8 native form. Such alternative form shall—

9 ‘‘(1) include separate descriptive statements

10 of—

11 ‘‘(A) a minimally effective program, and

12 ‘‘(B) a successful program,

13 with sufficient precision and in such terms that

14 would allow for an accurate, independent deter15 mination of whether the program activity’s per16 formance meets the criteria of either descrip17 tion; or

18 ‘‘(2) state why it is infeasible or impractical to

19 express a performance goal in any form for the pro20 gram activity.

21 ‘‘(c) In preparing a comprehensive and informative

22 plan under this section, an agency may aggregate,

23 disaggregate, or consolidate program activities, provided

24 that any aggregation or consolidation does not omit or
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1 minimize the significance of any program activity con2 stituting a major function or operation for the agency.

3 ‘‘(d) An agency may prepare a classified or non-pub4 lic annex to its plan covering program activities or parts

5 of program activities relating to—

6 ‘‘(1) national security;

7 ‘‘(2) the conduct of foreign affairs; or

8 ‘‘(3) the avoidance of interference with criminal

9 prosecution or revenue collection.

10 ‘‘(e) For purposes of this section and sections 1116

11 through 1119, and section 9704 the term—

12 ‘‘(1) ‘agency’ means an Executive agency de13 fined under section 105 of title 5, United States

14 Code, but does not include the Central Intelligence

15 Agency, the General Accounting Office, the Panama

16 Canal Commission, the United States Postal Service,

17 and the Postal Rate Commission;

18 ‘‘(2) ‘outcome measure’ refers to an assessment

19 of the results of a program activity compared to its

20 intended purpose;

21 ‘‘(3) ‘output measure’ refers to the tabulation,

22 calculation, or recording of activity or effort and can

23 be expressed in a quantitative or qualitative manner;

24 ‘‘(4) ‘performance goal’ means a target level of

25 performance expressed as a tangible, measurable ob-
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1 jective, against which actual achievement shall be

2 compared, including a goal expressed as a quan3 titative standard, value, or rate;

4 ‘‘(5) ‘performance indicator’ refers to a particu5 lar value or characteristic used to measure output or

6 outcome;

7 ‘‘(6) ‘program activity’ means a specific activity

8 or project as listed in the program and financing

9 schedules of the annual budget of the United States

10 Government; and

11 ‘‘(7) ‘program evaluation’ means an assessment,

12 through objective measurement and systematic anal13 ysis, of the manner and extent to which Federal pro14 grams achieve intended objectives.

15 ‘‘§ 1116. Program performance reports

16 ‘‘(a) No later than March 31, 2000, and no later than

17 March 31 of each year thereafter, the head of each agency

18 shall prepare and submit to the President and the Con19 gress, a report on program performance for the previous

20 fiscal year.

21 ‘‘(b)(1) Each program performance report shall set

22 forth the performance indicators established in the depart23 mental or agency performance plan, along with the actual

24 program performance achieved compared with the per25 formance goals expressed in the plan for that fiscal year.
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1 ‘‘(2) If performance goals are specified by descriptive

2 statements of a minimally effective program activity and

3 a successful program activity, the results of such program

4 shall be described in relationship to those categories, in5 cluding whether the performance failed to meet the cri6 teria of either category.

7 ‘‘(c) The report for fiscal year 2000 shall include ac8 tual results for the preceding fiscal year, the report for

9 fiscal year 2001 shall include actual results for the two

10 preceding fiscal years, and the report for fiscal year 2002

11 and all subsequent reports shall include actual results for

12 the three preceding fiscal years.

13 ‘‘(d) Each report shall—

14 ‘‘(1) review the success of achieving the per15 formance goals of the fiscal year;

16 ‘‘(2) evaluate the performance plan for the cur17 rent fiscal year relative to the performance achieved

18 toward the performance goals in the fiscal year cov19 ered by the report;

20 ‘‘(3) explain and describe, where a performance

21 goal has not been met, including when a program

22 activity’s performance is determined not to have met

23 the criteria of a successful program activity under

24 section 1115(b)(2)—

25 ‘‘(A) why the goal was not met;
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1 ‘‘(B) those plans and schedules for achiev2 ing the established performance goal; and

3 ‘‘(C) if the performance goal is impractical

4 or infeasible, why that is the case and what ac5 tion is recommended;

6 ‘‘(4) describe the use and assess the effective7 ness in achieving performance goals of any waiver

8 under section 9703 of this title; and

9 ‘‘(5) include the summary findings of those pro10 gram evaluations completed during the fiscal year

11 covered by the report.

12 ‘‘(e) The agency head may include all program per13 formance information required annually under this section

14 in an annual financial statement required under section

15 3515 if any such statement is submitted to the Congress

16 no later than March 31 of the applicable fiscal year.

17 ‘‘§ 1117. Exemption

18 ‘‘The Director of the Office of Management and

19 Budget may exempt from the requirements of sections

20 1115 and 1116 and section 306 of title 5, any agency with

21 annual outlays of $20,000,000 or less.’’.

22 SEC. 5. MANAGERIAL ACCOUNTABILITY AND FLEXIBILITY.

23 (a) MANAGERIAL ACCOUNTABILITY AND FLEXIBIL24 ITY.—Chapter 97 of title 31, United States Code, is
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1 amended by adding after section 9702, the following new

2 section:

3 ‘‘§ 9703. Managerial accountability and flexibility

4 ‘‘(a) Beginning with fiscal year 1999, the perform5 ance plans required under section 1115 may include pro6 posals to waive administrative procedural requirements

7 and controls, including specification of personnel staffing

8 levels, limitations on compensation or remuneration, and

9 prohibitions or restrictions on funding transfers among

10 budget object classification 20 and subclassifications 11,

11 12, 31, and 32 of each annual budget submitted under

12 section 1105, in return for specific individual or organiza13 tion accountability to achieve a performance goal. In pre14 paring and submitting the performance plan under section

15 1105(a)(29), the Office of Management and Budget shall

16 review and may approve any proposed waivers. A waiver

17 shall take effect at the beginning of the fiscal year for

18 which the waiver is approved.

19 ‘‘(b) Any such proposal under subsection (a) shall de20 scribe the anticipated effects on performance resulting

21 from greater managerial or organizational flexibility, dis22 cretion, and authority, and shall quantify the expected im23 provements in performance resulting from any waiver. The

24 expected improvements shall be compared to current ac-
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1 tual performance, and to the projected level of perform2 ance that would be achieved independent of any waiver.

3 ‘‘(c) Any proposal waiving limitations on compensa4 tion or remuneration shall precisely express the monetary

5 change in compensation or remuneration amounts, such

6 as bonuses or awards, that shall result from meeting, ex7 ceeding, or failing to meet performance goals.

8 ‘‘(d) Any proposed waiver of procedural requirements

9 or controls imposed by an agency (other than the propos10 ing agency or the Office of Management and Budget) shall

11 be endorsed by the agency that established the require12 ment, and the endorsement included in the proposing

13 agency’s performance plan.

14 ‘‘(e) A waiver shall be in effect for one or two years.

15 A waiver may be renewed for a subsequent year. After a

16 waiver has been in effect for three consecutive years, the

17 performance plan prepared under section 1115 may pro18 pose that a waiver, other than a waiver of limitations on

19 compensation or remuneration, be made permanent.’’.

20 SEC. 6. PILOT PROJECTS.

21 (a) PERFORMANCE PLANS AND REPORTS.—Chapter

22 11 of title 31, United States Code, is amended by inserting

23 after section 1117 (as added by section 4 of this Act) the

24 following new section:
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1 ‘‘§ 1118. Pilot projects for performance goals

2 ‘‘(a) The Director of the Office of Management and

3 Budget, after consultation with the head of each agency,

4 shall designate not less than ten agencies as pilot projects

5 in performance measurement for fiscal years 1994, 1995,

6 and 1996. The selected agencies shall reflect a representa7 tive range of Government functions and capabilities in

8 measuring and reporting program performance.

9 ‘‘(b) Pilot projects in the designated agencies shall

10 undertake the preparation of performance plans under

11 section 1115, and program performance reports under sec12 tion 1116, other than section 1116(c), for one or more

13 of the major functions and operations of the agency. A

14 strategic plan shall be used when preparing agency per15 formance plans during one or more years of the pilot

16 period.

17 ‘‘(c) No later than May 1, 1997, the Director of the

18 Office of Management and Budget shall submit a report

19 to the President and to the Congress which shall—

20 ‘‘(1) assess the benefits, costs, and usefulness

21 of the plans and reports prepared by the pilot agen22 cies in meeting the purposes of the Government Per23 formance and Results Act of 1993;

24 ‘‘(2) identify any significant difficulties experi25 enced by the pilot agencies in preparing plans and

26 reports; and
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1 ‘‘(3) set forth any recommended changes in the

2 requirements of the provisions of Government Per3 formance and Results Act of 1993, section 306 of

4 title 5, sections 1105, 1115, 1116, 1117, 1119 and

5 9704 of this title, and this section.’’.

6 (b) MANAGERIAL ACCOUNTABILITY AND FLEXIBIL7 ITY.—Chapter 97 of title 31, United States Code, is

8 amended by inserting after section 9703 (as added by sec9 tion 5 of this Act) the following new section:

10 ‘‘§ 9704. Pilot projects for managerial accountability

11 and flexibility

12 ‘‘(a) The Director of the Office of Management and

13 Budget shall designate not less than five agencies as pilot

14 projects in managerial accountability and flexibility for fis15 cal years 1995 and 1996. Such agencies shall be selected

16 from those designated as pilot projects under section 1118

17 and shall reflect a representative range of Government

18 functions and capabilities in measuring and reporting pro19 gram performance.

20 ‘‘(b) Pilot projects in the designated agencies shall

21 include proposed waivers in accordance with section 9703

22 for one or more of the major functions and operations of

23 the agency.

24 ‘‘(c) The Director of the Office of Management and

25 Budget shall include in the report to the President and
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1 to the Congress required under section 1118(b) the follow2 ing—

3 ‘‘(1) an assessment of the benefits, costs, and

4 usefulness of increasing managerial and organiza5 tional flexibility, discretion, and authority in ex6 change for improved performance through a waiver;

7 and

8 ‘‘(2) an identification of any significant difficul9 ties experienced by the pilot agencies in preparing

10 proposed waivers.

11 ‘‘(d) For purposes of this section the definitions

12 under section 1115(e) shall apply.’’.

13 (c) PERFORMANCE BUDGETING.—Chapter 11 of title

14 31, United States Code, is amended by inserting after sec15 tion 1118 (as added by section 6 of this Act) the following

16 new section:

17 ‘‘§ 1119. Pilot projects for performance budgeting

18 ‘‘(a) The Director of the Office of Management and

19 Budget, after consultation with the head of each agency

20 shall designate not less than five agencies as pilot projects

21 in performance budgeting for fiscal years 1998 and 1999.

22 At least three of the agencies shall be selected from those

23 designated as pilot projects under section 1118, and shall

24 also reflect a representative range of Government func-
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1 tions and capabilities in measuring and reporting program

2 performance.

3 ‘‘(b) Pilot projects in the designated agencies shall

4 cover the preparation of performance budgets. Such budg5 ets shall present, for one or more of the major functions

6 and operations of the agency, the varying levels of per7 formance, including outcome-related performance, that

8 would result from different budgeted amounts.

9 ‘‘(c) The Director of the Office of Management and

10 Budget shall include, as an alternative budget presen11 tation in the budget submitted under section 1105 for fis12 cal year 1999, the performance budgets of the designated

13 agencies for this fiscal year.

14 ‘‘(d) No later than March 31, 2001, the Director of

15 the Office of Management and Budget shall transmit a

16 report to the President and to the Congress on the per17 formance budgeting pilots which shall—

18 ‘‘(1) assess the feasibility and advisability of in19 cluding a performance budget as part of the annual

20 budget submitted under section 1105;

21 ‘‘(2) describe any difficulties encountered by the

22 pilot agencies in preparing a performance budget;

23 ‘‘(3) recommend whether legislation requiring

24 performance budgets should be proposed and the

25 general provisions of any legislation; and
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1 ‘‘(4) set forth any recommended changes in the

2 other requirements of the Government Performance

3 and Results Act of 1993, section 306 of title 5, sec4 tions 1105, 1115, 1116, 1117, 1118, and 9704 of

5 this title, and this section.

6 ‘‘(e) After receipt of the report required under sub7 section (d), the Congress may specify that a performance

8 budget be submitted as part of the annual budget submit9 ted under section 1105.’’.

10 SEC. 7. CONGRESSIONAL OVERSIGHT AND LEGISLATION.

11 (a) IN GENERAL.—Nothing in this Act shall be con12 strued as limiting the ability of Congress to establish,

13 amend, suspend, or annul a performance goal. Any such

14 action shall have the effect of superseding that goal in the

15 plan submitted under section 1105(a)(29) of title 31,

16 United States Code.

17 (b) GAO REPORT.—No later than June 1, 1997, the

18 Comptroller General of the United States shall report to

19 Congress on the implementation of this Act, including the

20 prospects for compliance by Federal agencies beyond those

21 participating as pilot projects under sections 1118 and

22 9704 of title 31, United States Code.

23 SEC. 8. TRAINING.

24 The Office of Personnel Management shall, in con25 sultation with the Director of the Office of Management
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1 and Budget and the Comptroller General of the United

2 States develop a strategic planning and performance

3 measurement training component for its management

4 training program and otherwise provide managers with an

5 orientation on the development and use of strategic plan6 ning and program performance measurement.

7 SEC. 9. APPLICATION OF ACT.

8 No person who is not an officer or employee of the

9 United States acting in such capacity shall have standing

10 to file any civil action in a court of the United States to

11 enforce any provision or amendment made by this Act. No

12 provision or amendment made by this Act may be con13 strued as creating any right, privilege, benefit, or entitle14 ment for any person who is not an officer or employee

15 of the United States acting in such capacity.

16 SEC. 10. TECHNICAL AND CONFORMING AMENDMENT.

17 (a) AMENDMENT TO TITLE 5, UNITED STATES

18 CODE.—The table of sections for chapter 3 of title 5,

19 United States Code, is amended by adding after the item

20 relating to section 305 the following:

‘‘306. Strategic plans.’’.

21 (b) AMENDMENTS TO TITLE 31, UNITED STATES

22 CODE.—

23 (1) AMENDMENT TO CHAPTER 11.—The table

24 of sections for chapter 11 of title 31, United States
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1 Code, is amended by adding after the item relating

2 to section 1114 the following:

‘‘1115. Performance plans.

‘‘1116. Program performance reports.

‘‘1117. Exemptions.

‘‘1118. Pilot projects for performance goals.

‘‘1119. Pilot projects for performance budgeting.’’.

3 (2) AMENDMENT TO CHAPTER 97.—The table

4 of sections for chapter 97 of title 31, United States

5 Code, is amended by adding after the item relating

6 to section 9702 the following:

‘‘9703. Managerial accountability and flexibility.

‘‘9704. Pilot projects for managerial accountability and flexibility.’’.

7 (c) AMENDMENT TO TITLE 39, UNITED STATES

8 CODE.—The table of chapters for part III of title 39,

9 United States Code, is amended by adding at the end

10 thereof the following new item:

‘‘28. Strategic planning and performance management ..... 2801’’.

11 SEC. 11. EFFECTIVE DATES AND PROCEDURES.

12 (a) IN GENERAL.—The provisions of this Act and

13 amendments made by this Act shall take effect on the date

14 of the enactment of this Act, except sections 3, 4, 5, 6(c),

15 and 7 of this Act, and the amendments made by such sec16 tions, shall take effect on the date of enactment of the

17 resolution described in subsection (b).

18 (b) RESOLUTION APPROVING PERFORMANCE

19 PLANS.—

20 (1) RESOLUTION DESCRIBED.—A resolution re21 ferred to in subsection (a) is a joint resolution the
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1 matter after the resolving clause of which is as fol2 lows: ‘‘That Congress approves the development of

3 departmental and agency strategic plans, perform4 ance plans and reports pursuant to section 306 of

5 title 5, United States Code, sections 1105(a)(29)

6 and 9703 of title 31, United States Code, sections

7 1115, 1116, 1117, and 1119 of title 31, United

8 States Code, and chapter 28 of title 39, United

9 States Code (as amended by sections 3, 4, 5, 6, and

10 7 of the Government Performance and Results Act

11 of 1993).’’.

12 (2) INTRODUCTION OF RESOLUTION.—No later

13 than 30 days after the transmittal by the Comptrol14 ler General of the United States to the Congress of

15 the report referred to in section 7(b), a resolution as

16 described in paragraph (1) shall be introduced in the

17 Senate by the chairman of the Committee on Gov18 ernmental Affairs of the Senate, or by a Member or

19 Members of the Senate designated by such chair20 man, and shall be introduced in the House by the

21 chairman of the Committee on Government Oper22 ations of the House of Representatives, or by a

23 Member or Members of the House designated by

24 such chairman.
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1 (3) REFERRAL.—A resolution described in

2 paragraph (1), shall be referred to the Committee on

3 Governmental Affairs of the Senate and the Com4 mittee on Government Operations of the House of

5 Representatives by the President of the Senate or

6 the Speaker of the House of Representatives, as the

7 case may be. The committee shall make its rec8 ommendations to the Senate or the House of Rep9 resentatives, respectively, within 30 calendar days

10 following the date of such resolution’s introduction.

11 (4) DISCHARGE OF COMMITTEE.—If the com12 mittee to which is referred a resolution introduced

13 pursuant to paragraph (2) (or, in the absence of

14 such a resolution, the first resolution introduced

15 with respect to the same departmental or agency

16 plans and reports) has not reported such resolution

17 or identical resolution at the end of 30 calendar days

18 after its introduction, such committee shall be

19 deemed to be discharged from further consideration

20 of such resolution and such resolution shall be

21 placed on the appropriate calendar of the House in22 volved.

23 (5) PROCEDURE AFTER REPORT OR DISCHARGE

24 OF COMMITTEE; VOTE ON FINAL PASSAGE.—(A)

25 When the committee has reported, or has been
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1 deemed to be discharged (under paragraph (4)) from

2 further consideration of a resolution described in

3 paragraph (1), it is at any time thereafter in order

4 (even though a previous motion to the same effect

5 has been disagreed to) for any Member of the re6 spective House to move to proceed to the consider7 ation of the resolution. The motion is highly privi8 leged and is not debatable. The motion shall not be

9 subject to amendment, or to a motion to postpone,

10 or to a motion to proceed to the consideration of

11 other business. A motion to reconsider the vote by

12 which the motion is agreed to or disagreed to shall

13 not be in order. If a motion to proceed to the consid14 eration of the resolution is agreed to, the resolution

15 shall remain the unfinished business of the respec16 tive House until disposed of.

17 (B) Debate on the resolution, and on all debat18 able motions and appeals in connection therewith,

19 shall be limited to not more than 10 hours, which

20 shall be divided equally between individuals favoring

21 and individuals opposing the resolution. A motion

22 further to limit debate is in order and not debatable.

23 An amendment to, or a motion to postpone, or a mo24 tion to recommit the resolution is not in order. A
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1 motion to reconsider the vote by which the resolution

2 is passed or rejected shall not be in order.

3 (C) Immediately following the conclusion of the

4 debate on the resolution and a single quorum call at

5 the conclusion of the debate if requested in accord6 ance with the rules of the appropriate House, the

7 vote on final passage of the resolution shall occur.

8 (D) Appeals from the decisions of the Chair re9 lating to the application of the rules of the Senate

10 or the House of Representatives, as the case may be,

11 to the procedure relating to a resolution described in

12 paragraph (1), shall be decided without debate.

13 (E) If, prior to the passage by one House of a

14 resolution of that House, that House receives a reso15 lution with respect to departmental or agency strate16 gic plans, performance plans and reports from the

17 other House, then—

18 (i) the procedure in that House shall be

19 the same as if no resolution had been received

20 from the other House; but

21 (ii) the vote on final passage shall be on

22 the resolution of the other House.

23 (F) It shall not be in order in either the Senate

24 or the House of Representatives to consider a resolu25 tion described in paragraph (1), or to consider any
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1 conference report on such a resolution, unless the

2 Comptroller General of the United States transmits

3 to the Congress a report under section 7(b).

4 (6) RULEMAKING POWER OF CONGRESS.—The

5 provisions of this section are enacted by the Con6 gress—

7 (A) as an exercise of the rulemaking power

8 of the Senate and the House of Representatives

9 and as such shall be considered as part of the

10 rules of each House, and shall supersede other

11 rules only to the extent that they are inconsist12 ent therewith; and

13 (B) with full recognition of the constitu14 tional right of either House to change the rules

15 (so far as they relate to the procedures of that

16 House) at any time, in the same manner, and

17 to the same extent as in the case of any other

18 rule of that House.

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