I

104TH CONGRESS

2D SESSION H. R. 3982

To establish a Permanent Performance Review Commission.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. FRANKS of New Jersey (for himself, Mr. HERGER, Mr. HOKE, Mr. KASICH, Mr. KOLBE, Mr. MEEHAN, Mr. SMITH, of Michigan and Mr. SMITH

of Texas) introduced the following bill; which was referred to the Committee on Government Reform and Oversight, 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 establish a Permanent Performance Review Commission.

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 ‘‘Permanent Perform5 ance Review Act of 1996’’.

6 SEC. 2. CONGRESSIONAL FINDINGS.

7 The Congress finds that—

8 (1) the central purpose of our democratic gov9 ernment is to effectuate the will of a free people;
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1 that, in its pursuit of that purpose, the Congress’

2 principal purpose is to enact laws which properly

3 embody that will and which ensure that agencies

4 charged with the execution of those laws are vested

5 with such authority and endowed with such re6 sources as may be requisite therefor and useful

7 thereto; that the corresponding principal function of

8 the executive is to pursue the implementation of

9 those laws through the exercise of the authority so

10 accorded to it; and that beyond the duties peculiar

11 to each, these two branches of government bear as

12 well a joint and ongoing responsibility for ensuring

13 that the implementation of public policy is conducted

14 effectively and efficiently, that the executive’s exer15 cise of its authority advances the aims and respects

16 the restrictions incorporated in the law under which

17 the authority was conferred, that both the regulation

18 of private behavior and the expenditure of public

19 moneys continue to be justified by actual benefits

20 flowing therefrom, that the unintended harms or in21 equities arising from the operation of laws enacted

22 and implemented in good faith are promptly uncov23 ered and remedied, and that government maintains

24 in its conduct of the affairs of the people the high
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1 standards which it is morally and legally obligated to

2 observe as their steward and trustee.

3 (2) The Congress finds that, to meet the re4 sponsibilities of government hereinabove declared, it

5 is necessary and appropriate that the performance of

6 government be reviewed and evaluated, and that the

7 scope of the review and evaluation should extend as

8 broadly as is practicable to the various organiza9 tional, program and budgetary elements of all public

10 service activities directly or indirectly funded in

11 whole or in part by the government. The Congress

12 finds in addition that the review and evaluation of

13 executive branch performance ought properly to be

14 undertaken jointly by the Congress and the executive

15 and with the assistance, where appropriate, of par16 ties outside of the national government; that the

17 Congress’ participation in the review and evaluation

18 process can be most effectively conducted by a bipar19 tisan commission which shall, for each review and

20 evaluation of a particular agency, draw upon mem21 bers having substantial knowledge for the missions

22 and objectives of that agency; and that the commis23 sion should have available for its use and exercise all

24 resources and powers appropriate to the duties with

25 which it is charged. Furthermore, the Congress finds
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1 that such a commission would also be the most suit2 able instrument through which to conduct the review

3 and evaluation of agency operations.

4 SEC. 3. DEFINITIONS.

5 For purposes of this Act:

6 (1) AGENCY.—The term ‘‘agency’’ means a cab7 inet-level department listed in section 101 of title 5,

8 United States Code, or any executive agency, as de9 fined in section 105 of such title 5, whose budget ex10 ceeded $1,000,000,000 in fiscal year 1993.

11 (2) AGENCY SELF-STUDY.—The term ‘‘agency

12 self-study’’ means the initial collection, analysis, and

13 report of performance data developed by each agency

14 at the direction of the Commission. An agency self15 study is the basis for the subsequent analysis and

16 recommendations embodied in the Commission’s per17 formance review.

18 (3) COMMISSION.—The term ‘‘Commission’’

19 means the Permanent Performance Review Commis20 sion established by section 4.

21 (4) IMPLEMENTATION BILL.—The term ‘‘imple22 mentation bill’’ means a bill introduced pursuant to

23 a recommendation from a committee that receives a

24 performance review from the Commission and holds

25 hearings regarding the performance review.
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1 (5) PERFORMANCE GOAL.—The term ‘‘perform2 ance goal’’ means a target level of performance ex3 pressed as a tangible, measurable objective against

4 which actual achievement shall be compared, includ5 ing a goal expressed as a quantitative standard,

6 value, or rate.

7 (6) PERFORMANCE INDICATOR.—The term

8 ‘‘performance indicator’’ refers to a particular value

9 or characteristic used to measure, in either a quali10 tative or quantitative form, the results of a program

11 activity and how they compare to the program’s in12 tended results or performance goals.

13 (7) PERFORMANCE REVIEW.—The term ‘‘per14 formance review’’ refers to the Commission’s de15 scription and analysis of an agency’s programs

16 based on the programs’ performance goals and rel17 evant performance indicators, accompanied by a line18 by-line set of legislative recommendations developed

19 by the Commission, reviewed by the appropriate

20 Congressional committees, and then, if approved,

21 submitted in bill form by the chairpersons of the ap22 propriate Congressional committees.

23 (8) PROGRAM ACTIVITY.—The term ‘‘program

24 activity’’ means a specific activity or project as listed
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1 in the program and financing schedules of the an2 nual budget of the United States Government.

3 SEC. 4. ESTABLISHMENT OF COMMISSION.

4 There is established a commission to be known as the

5 ‘‘Permanent Performance Review Commission’’.

6 SEC. 5. FUNCTIONS OF COMMISSION.

7 (a) IN GENERAL.—The Commission shall—

8 (1) establish and manage a schedule of agency

9 self-studies to be conducted by the agencies of the

10 United States over a fixed period of time;

11 (2) hold hearings as part of an overall assess12 ment and transformation of the data presented in an

13 agency’s self-study into a performance review to be

14 developed by the Commission;

15 (3) submit the performance review and legisla16 tive recommendations to the President and the Con17 gress; and

18 (4) make the performance review and legislative

19 recommendations available to the public.

20 (b) SPECIFIC DUTIES.—In carrying out its functions

21 under subsection (a), the Commission shall—

22 (1) ensure that each agency is reviewed at least

23 once every 10 years;

24 (2) by vote of the majority of the Commission

25 on or before February 5 of each year, establish a
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1 schedule of the agencies that will be reviewed and

2 the order of review for the next 2 years;

3 (3) notify, in writing, each agency listed on the

4 schedule of its responsibility for conducting an agen5 cy self-study and the dates on which it must submit

6 progress reports and the final agency self-study re7 port;

8 (4) hold hearings on the agency self-study re9 port submitted by each agency;

10 (5) consult the chairpersons and the ranking

11 minority members of the appropriate congressional

12 committees regarding the agency self-study report

13 submitted by each agency; and

14 (6) submit a performance review and legislative

15 recommendations to the President and the Congress

16 not more than 21 months after receiving an agency

17 self-study report from an agency.

18 SEC. 6. MEMBERSHIP OF COMMISSION.

19 (a) NUMBER AND METHOD OF APPOINTMENT.—The

20 Commission shall be composed of 28 members, of which

21 23 will be voting members and 5 will be nonvoting, ex

22 officio members. The members shall be appointed as fol23 lows:

24 (1) VOTING MEMBERS.—All appointments of

25 voting members of the Commission shall be made
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1 jointly by the majority and minority leaders of the

2 Senate and the Speaker and minority leader of the

3 House of Representatives from individuals rec4 ommended as follows:

5 (A) RECOMMENDATIONS BY PRESIDENT.—

6 15 voting members shall be appointed from

7 among individuals recommended by the Presi8 dent. In making the recommendations, the

9 President shall ensure that not more than 8

10 members are affiliated with the same political

11 party.

12 (B) RECOMMENDATIONS BY CONGRESS.—8

13 additional voting members shall be appointed,

14 with 2 members each appointed from individ15 uals recommended by each of the following:

16 (i) Majority leader of the Senate.

17 (ii) Minority leader of the Senate.

18 (iii) Speaker of the House.

19 (iv) Minority leader of the House.

20 (2) NONVOTING, EX OFFICIO MEMBERS.—The

21 nonvoting, ex officio members of the Commission are

22 the following:

23 (A) Director of the Office of Management

24 and Budget.

25 (B) Majority leader of the Senate.
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1 (C) Minority leader of the Senate.

2 (D) Speaker of the House.

3 (E) Minority leader of the House.

4 (b) QUALIFICATIONS OF VOTING MEMBERS.—

5 (1) OFFICERS AND EMPLOYEES OF THE EXECU6 TIVE BRANCH.—An officer or employee of the execu7 tive branch of the Federal Government may not be

8 a voting member of the Commission.

9 (2) EXPERIENCE.—The President shall rec10 ommend for appointment to the commission individ11 uals with a variety of experiences and skills. Of the

12 individuals recommended under subsection

13 (a)(1)(A)—

14 (A) at least 1 shall be a person with ex15 plicit, in-depth experience in reforming large or16 ganizational systems;

17 (B) at least 1 shall be a person who both

18 has business experience and has held a high19 level position within an agency; and

20 (C) at least 1 shall be an individual who

21 has an extensive research background concern22 ing organizational reform, either in theoretical

23 work or in analysis of real world events.

24 (c) TERMS.—
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1 (1) IN GENERAL.—Each member of the Com2 mission shall be appointed for a term of 2 years, ex3 cept as provided in paragraphs (2) and (3).

4 (2) TERMS OF INITIAL APPOINTEES.—The

5 members initially appointed to the Commission shall

6 serve until the beginning of the next Congress.

7 (3) VACANCIES.—A vacancy on the Commission

8 shall be filled in the manner in which the original

9 appointment was made. Any member of the Commis10 sion appointed to fill a vacancy shall be appointed

11 only for the remainder of the term for which the

12 member’s predecessor was appointed. A member

13 may serve after the expiration of the member’s term

14 until a successor has taken office.

15 (d) PAY.—

16 (1) IN GENERAL.—Each member of the Com17 mission shall be paid at a rate equal to the daily

18 equivalent of the minimum annual rate of basic pay

19 payable for level IV of the Executive Schedule under

20 section 5315 of title 5, United States Code, for each

21 day during which the member is engaged in the ac22 tual performance of duties of the Commission.

23 (2) EXCEPTION FOR GOVERNMENT OFFICERS

24 AND EMPLOYEES.—Members of the Commission who

25 are full-time officers or employees of the United
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1 States shall receive no additional pay or compensa2 tion for their service on the Commission.

3 (e) CHAIRPERSON.—The President shall designate 1

4 member of the Commission to be the chairperson of the

5 Commission.

6 (f) APPOINTMENT DEADLINE.—All initial appointees

7 shall be appointed under this section within 60 days after

8 the date of the enactment of this Act.

9 SEC. 7. DIRECTOR AND STAFF OF COMMISSION.

10 (a) DIRECTOR.—The Commission shall appoint a Di11 rector. The Director shall be paid at a rate not to exceed

12 the rate of basic pay payable for level IV of the Executive

13 Schedule under section 5315 of title 5, United States

14 Code.

15 (b) STAFF.—

16 (1) APPOINTMENT.—The Director, with the ap17 proval of the Commission, may appoint and fix the

18 pay of additional personnel.

19 (2) ASSIGNMENT.—Upon request of the Direc20 tor, the head of any agency may assign any of the

21 personnel of the agency to the Commission to assist

22 in carrying out the Commission’s review of the agen23 cy. Any employee of the Federal Government may be

24 assigned under this paragraph without reimburse-
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1 ment to the assigning agency and without interrup2 tion or loss of civil service status or privilege.

3 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

4 LAWS.—The staff of the Commission may be appointed

5 without regard to the provisions of title 5, United States

6 Code, governing appointments in the competitive service

7 and may be paid without regard to the provisions of chap8 ter 51 and subchapter III of chapter 53 of title 5, United

9 States Code, relating to classification and General Sched10 ule pay rates, except that an individual so appointed may

11 not receive pay in excess of 120 percent of the minimum

12 rate of basic pay payable for GS–15 of the General Sched13 ule.

14 (d) EXPERTS AND CONSULTANTS.—With the ap15 proval of the Commission, the Director may procure by

16 contract, to the extent funds are available, the temporary

17 or intermittent services of experts or consultants pursuant

18 to section 3109 of title 5, United States Code.

19 SEC. 8. POWERS OF COMMISSION.

20 (a) HEARINGS AND SESSIONS.—To carry out this

21 Act, the Commission may hold hearings, sit and act at

22 times and places, take testimony, and receive evidence as

23 the Commission considers appropriate. The Commission

24 may also administer oaths or affirmations to witnesses ap25 pearing before it.
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1 (b) POWERS OF MEMBERS AND AGENTS.—Any mem2 ber or agent of the Commission may, if authorized by the

3 Commission, take any action that the Commission is au4 thorized to take.

5 (c) OBTAINING OFFICIAL DATA.—The Commission

6 may secure additional information necessary for it to carry

7 out this Act from the head of any agency. Upon request

8 of the chairperson of the Commission, the head of an

9 agency shall furnish the requested information within 30

10 days after the request or within the time specified by the

11 chairperson of the Commission.

12 (d) MAILS.—The Commission may use the United

13 States mails in the same manner and under the same con14 ditions as other agencies.

15 (e) AUTHORITY TO ENTER INTO CONTRACTS.—The

16 Commission may lease space to the extent that funds are

17 available.

18 SEC. 9. DUTIES OF AGENCIES SUBJECT TO PERFORMANCE

19 REVIEW.

20 (a) IN GENERAL.—An agency notified by the Com21 mission that it is on the performance review schedule

22 shall—

23 (1) conduct an agency self-study beginning 90

24 days before the agency self-study report is due and
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1 write an agency self-study report meeting the cri2 teria established in subsection (c);

3 (2) submit a progress report to the Commission

4 60 days before the agency self-study report is due;

5 (3) submit a 2d progress report to the Commis6 sion 30 days before the agency self-study report is

7 due; and

8 (4) submit the agency self-study report to the

9 Commission on the date scheduled by the Commis10 sion.

11 (b) PROGRESS REPORTS.—Each progress report shall

12 present in detail the full range of programs being reviewed

13 and the status of each review.

14 (c) AGENCY SELF-STUDY REPORT.—Each agency

15 self-study report shall include the following:

16 (1) MISSION STATEMENT.—A comprehensive

17 mission statement covering the functions and oper18 ations of the agency and all its subdivisions.

19 (2) CENSUS.—A complete census of all the sep20 arate programs, with the name and a full description

21 of the current organizational subdivision that has re22 sponsibility for the conduct and administration of

23 each program.

24 (3) STATUTORY REFERENCES.—A citation to

25 the statute that establishes or authorizes the estab-
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1 lishment of each program, a statement of the objec2 tives of the program as prescribed by statute or ad3 ministrative order, and for each of the objectives, a

4 detailed statement of the way in which each program

5 activity contributes to the attainment or furtherance

6 of the objectives.

7 (4) BUDGETS.—A review of the budgets for

8 each program for each of the preceding 5 years.

9 (5) PERSONNEL LEVELS.—A statement of the

10 personnel levels associated with each program for

11 the previous fiscal year, the preceding 4 fiscal years,

12 and the 10th and 15th fiscal years preceding the

13 most recent fiscal year.

14 (6) PRIORITY OF PROGRAMS.—A comparative

15 assessment that establishes a priority order for each

16 program in the overall institutional mission of the

17 agency.

18 (7) PERFORMANCE GOALS.—A statement of the

19 specific performance goals that are used to define

20 the levels of performance achieved by the particular

21 activities of each program. When possible the goals

22 shall be measured in quantifiable forms and applica23 ble across program activities.
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1 (8) PERFORMANCE LEVEL.—A comparison of

2 each performance goal with the actual level of per3 formance measured using a performance indicator.

4 (9) CUSTOMER SATISFACTION.—An analysis of

5 how effectively each program met the expectations

6 and needs of its customers, with special attention to

7 the handling of complaints and suggestions for im8 provements as well as an explicit discussion of the

9 sources for such an analysis.

10 (10) RESULTS AND ACCOMPLISHMENTS.—A full

11 statement of the results and accomplishments of

12 each program, described in terms relating as closely

13 as possible to the purpose of the program as em14 bodied in the enabling legislation as well as to the

15 performance indicators currently used by the pro16 gram.

17 (11) VERIFICATION AND VALIDATION.—An ex18 plicit review of the means used by each agency to

19 verify and validate all of the above measured values,

20 as well as a description of the current annual evalua21 tions in place used to update and reformulate pro22 gram goals and operations.

23 (12) COST EFFECTIVENESS.—An assessment of

24 the cost effectiveness of each program activity, in-
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1 cluding, when possible, a quantifiable cost-benefit

2 analysis.

3 (13) PAPERWORK AND PROCEDURAL REQUIRE4 MENTS.—A review of the paperwork and procedural

5 requirements of each program and the costs associ6 ated with the requirements.

7 (14) CONTRACTS AND PROCUREMENT.—A re8 view of each program’s contracts and procurement

9 histories.

10 (15) FEDERAL GRANTS TO STATE AND LOCAL

11 GOVERNMENTS.—A review of Federal grants to

12 State or local governments in any program over the

13 preceding 5 years, and an analysis of the explicit cri14 teria for awarding the grants, with the goal of iden15 tifying any criteria that are performance based.

16 (16) FINANCIAL AND INFORMATION SYS17 TEMS.—A review and analysis of the agencywide fi18 nancial and information systems and the extent to

19 which the introduction of new, more efficient forms

20 of financial- and information-systems management

21 could contribute significantly to better service.

22 (17) EMPLOYEE INVOLVEMENT.—A review of

23 the effect of current managerial practices intended

24 to involve employees more effectively in assessing
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1 and reformulating the goals and procedures of each

2 program activity.

3 (18) TRAINING.—A survey of all training pro4 grams for managers and other employees, and an

5 analysis of their effectiveness.

6 (19) RESPONSE TO FEDERAL FUNDING LEV7 ELS.—A statement setting forth in detail all reason8 able actions, whether in conjunction with or as alter9 natives to other actions, that the agency would take

10 in response to the fixing of the total amount of Fed11 eral funds available during the upcoming fiscal year

12 for all program activities, including, when appro13 priate, actions requiring the enactment, amendment,

14 or repeal of a statute. The statement shall include—

15 (A) actions the agency would take if the

16 funds available were fixed at—

17 (i) an amount equal to 90 percent of

18 the amount of funds available during the

19 fiscal year ending on the September 30

20 preceding submission of the agency self21 study;

22 (ii) an amount equal to 95 percent of

23 the amount of funds available during the

24 fiscal year ending on the June 30 preced25 ing submission of the agency self-study;
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1 (iii) an amount equal to the same

2 amount of funds available during the fiscal

3 year ending on the preceding September

4 30;

5 (iv) an amount equal to 105 percent

6 of the amount of funds available during

7 the fiscal year ending on the preceding

8 September 30; or

9 (v) an amount equal to 110 percent of

10 the amount of funds available during the

11 fiscal year ending on the preceding Sep12 tember 30; and

13 (B) an assessment of the effect that taking

14 each action could be expected to have on—

15 (i) the mission and operations of the

16 agency as a whole;

17 (ii) the activities and accomplishments

18 of each program for which any of its orga19 nizational subdivisions is responsible; and

20 (iii) the health, safety, and welfare of

21 the citizens of the country.

22 SEC. 10. PERFORMANCE REVIEW BY COMMISSION.

23 (a) EVALUATION OF DATA BY COMMISSION.—The

24 performance review shall include an evaluation of the data

25 contained in an agency self-study report and presented at
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1 the hearings held by the Commission, including an assess2 ment of—

3 (1) the effectiveness of the agency in perform4 ing the responsibilities assigned by law;

5 (2) the operational efficiency of the agency in

6 performing its responsibilities;

7 (3) the effect of the policies and programs of

8 the agency upon the economy and the environment

9 of the country, and upon the health, safety, and wel10 fare of the people of the United States;

11 (4) the accessibility and responsiveness of the

12 agency as demonstrated in each of its programs, in13 cluding the way in which the agency has handled

14 complaints, suggestions, and requests for informa15 tion or assistance;

16 (5) the conduct of internal functions, such as

17 planning, information and records management, and

18 overall resource controls; and

19 (6) the existence of other programs within the

20 agency, in another agency, or at another level of

21 government with objectives or operations that dupli22 cate or are in conflict with the objectives or oper23 ations of any program in the agency under review.
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1 (b) DEVELOPMENT OF RECOMMENDATIONS.—In de2 veloping the recommendations required by section 5(b)(6)

3 regarding an agency, the Commission shall consider—

4 (1) the extent to which the statutory mandates

5 of each program are currently being served;

6 (2) the adequacy of the agency’s performance;

7 (3) whether a reduction in the scope or degree

8 of the agency’s regulations would endanger the goals

9 of each program; and

10 (4) whether specific regulations governing the

11 management of any program can be rewritten.

12 (c) REPORTING THE PERFORMANCE REVIEW.—The

13 Commission will deliver its performance review to the

14 Speaker of the House of Representatives not later than

15 21 months after receiving an agency self-study report from

16 an agency.

17 SEC. 11. CONGRESSIONAL ACTION ON PERFORMANCE RE18 VIEW.

19 (a) PROCEDURES IN HOUSE OF REPRESENTA20 TIVES.—

21 (1) REFERRAL OF REPORT.—After the House

22 of Representatives receives a performance review

23 from the Commission, the Speaker shall refer it to

24 only 1 standing committee of the House. To the ex25 tent possible, the Speaker shall rely on the rules of
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1 the House of Representatives to determine the ap2 propriate committee to receive the performance re3 view.

4 (2) PUBLIC HEARINGS ON PERFORMANCE RE5 VIEWS.—During the 30-legislative-day period after

6 the referral of a performance review to a committee

7 under paragraph (1), the committee shall hold public

8 hearings for the purpose of receiving comments on

9 the performance review and the recommendations.

10 After the hearings, the chairperson of the committee

11 shall submit to the House an implementation bill

12 with an accompanying report that comments on all

13 the recommendations made by the Commission and

14 sets forth the reasons why certain recommendations

15 are not legislatively addressed.

16 (3) DISCHARGE OF COMMITTEE.—If a commit17 tee receiving an implementation bill under paragraph

18 (1) has not reported the bill by the end of the 15

19 calendar days after the date on which the bill was

20 introduced, the committee shall be discharged from

21 further consideration of the bill and the bill shall be

22 placed on the appropriate calendar of the House.

23 (4) FLOOR CONSIDERATION.—

24 (A) MOTION TO PROCEED TO CONSIDER25 ATION.—On or after the 4th day after the date
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1 on which the committee reports an implementa2 tion bill or is discharged under paragraph (3),

3 any Member of the House may announce to the

4 House the Member’s intention to move to pro5 ceed to the consideration of the implementation

6 bill. The following day, it shall be in order for

7 the Member to move to proceed to the consider8 ation of the bill, even if a previous motion is

9 disagreed to. The motion shall be highly privi10 leged and shall not be subject to amendment, to

11 a motion to postpone, or to a motion to proceed

12 to the consideration of other business. A motion

13 to reconsider the vote by which the motion is

14 agreed to or disagreed to shall not be in order.

15 If a motion to proceed to consideration of the

16 bill is agreed to, the House shall immediately

17 proceed to consideration of the bill without an

18 intervening motion, order, or other business,

19 and the bill shall remain the unfinished busi20 ness of the House until disposed of.

21 (B) POINTS OF ORDER.—All points of

22 order against an implementation bill and

23 against consideration of the bill shall be consid24 ered to be waived.
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1 (C) DEBATE.—Debate on an implementa2 tion bill, and on all debatable motions and ap3 peals in connection with the bill, shall be limited

4 to not more than 10 hours, which shall be di5 vided equally between the chairperson and the

6 ranking minority member of the committee that

7 considered the bill or their designees. A motion

8 further to limit debate shall be in order and

9 shall not be debatable. The following shall not

10 be in order:

11 (i) An amendment to the bill.

12 (ii) A motion to postpone.

13 (iii) A motion to proceed to the con14 sideration of other business.

15 (iv) A motion to recommit the bill.

16 (v) A motion to reconsider the vote by

17 which the bill is agreed to or disagreed to.

18 (D) FINAL PASSAGE.—Immediately follow19 ing the conclusion of the debate on an imple20 mentation bill and a single quorum call at the

21 conclusion of the debate, if requested in accord22 ance with the rules of the House, the vote on

23 final passage of the implementation bill shall

24 occur.
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1 (E) APPEALS FROM CHAIR.—Appeals from

2 the decisions of the Chair relating to the appli3 cation of the rules of the House to the proce4 dure relating to an implementation bill shall be

5 decided without debate.

6 (5) CONSIDERATION OF SENATE BILL.—If the

7 House receives an implementation bill regarding an

8 agency from the Senate before it passes its own im9 plementation bill regarding the same agency, then

10 the following procedures apply:

11 (A) REFERRAL.—The implementation bill

12 from the Senate shall not be referred to a com13 mittee.

14 (B) FLOOR CONSIDERATION.—The proce15 dure in the House shall be the same as if no

16 implementation bill had been received from the

17 Senate, except that the vote on final passage

18 shall be on the implementation bill received

19 from the Senate.

20 (C) FINAL DISPOSITION.—Upon disposi21 tion of the implementation bill received from

22 the Senate, it shall no longer be in order to con23 sider the implementation bill that originated in

24 the House.
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1 (b) EXERCISE OF RULEMAKING POWER.—This sec2 tion is promulgated—

3 (1) as an exercise of the rulemaking power of

4 the House of Representatives, and as such, it is

5 deemed a part of the rules of the House, except that

6 this section supersedes other rules of the House only

7 to the extent that it is inconsistent with such other

8 rules; and

9 (2) with full recognition of the constitutional

10 right of the House to change the rules at any time,

11 in the same manner, and to the same extent as in

12 the case of any other rule of the House.

13 SEC. 12. DURATION OF COMMISSION.

14 Section 14(a)(2)(B) of the Federal Advisory Commit15 tee Act (5 U.S.C. App.), relating to the termination of

16 advisory committees, shall not apply to the Commission.

17 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

18 There is authorized to be appropriated to the Com19 mission to carry out its duties under this Act $1,000,000

20 for each fiscal year.

Æ