I

103D CONGRESS

1ST SESSION H. R. 2245

To establish a Permanent Performance Review Commission.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1993

Mr. FRANKS of New Jersey introduced the following bill; which was referred

jointly to the Committees on Government Operations and Rules

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 1993’’.

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;

10 that, in its pursuit of that purpose, the Congress’

11 principal purpose is to enact laws which properly

12 embody that will and which ensure that agencies
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1 charged with the execution of those laws are vested

2 with such authority and endowed with such re3 sources as may be requisite therefor and useful

4 thereto; that the corresponding principal function of

5 the executive is to pursue the implementation of

6 those laws through the exercise of the authority so

7 accorded to it; and that beyond the duties peculiar

8 to each, these two branches of government bear as

9 well a joint and ongoing responsibility for ensuring

10 that the implementation of public policy is conducted

11 effectively and efficiently, that the executive’s exer12 cise of its authority advances the aims and respects

13 the restrictions incorporated in the law under which

14 the authority was conferred, that both the regulation

15 of private behavior and the expenditure of public

16 moneys continue to be justified by actual benefits

17 flowing therefrom, that the unintended harms or in18 equities arising from the operation of laws enacted

19 and implemented in good faith are promptly uncov20 ered and remedied, and that government maintains

21 in its conduct of the affairs of the people the high

22 standards which it is morally and legally obligated to

23 observe as their steward and trustee.

24 (2) The Congress finds that, to meet the re25 sponsibilities of government hereinabove declared, it
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1 is necessary and appropriate that the performance of

2 government be reviewed and evaluated, and that the

3 scope of the review and evaluation should extend as

4 broadly as is practicable to the various organiza5 tional, program and budgetary elements of all public

6 service activities directly or indirectly funded in

7 whole or in part by the government. The Congress

8 finds in addition that the review and evaluation of

9 executive branch performance ought properly to be

10 undertaken jointly by the Congress and the executive

11 and with the assistance, where appropriate, of par12 ties outside of the national government; that the

13 Congress’ participation in the review and evaluation

14 process can be most effectively conducted by a bipar15 tisan commission which shall, for each review and

16 evaluation of a particular agency, draw upon mem17 bers having substantial knowledge for the missions

18 and objectives of that agency; and that the commis19 sion should have available for its use and exercise all

20 resources and powers appropriate to the duties with

21 which it is charged. Furthermore, the Congress finds

22 that such a commission would also be the most suit23 able instrument through which to conduct the review

24 and evaluation of agency operations.
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1 SEC. 3. DEFINITIONS.

2 For purposes of this Act:

3 (1) AGENCY.—The term ‘‘agency’’ means a cab4 inet-level department listed in section 101 of title 5,

5 United States Code, or any executive agency, as de6 fined in section 105 of such title 5, whose budget ex7 ceeded $1,000,000,000 in fiscal year 1993.

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

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

10 report of performance data developed by each agency

11 at the direction of the Commission. An agency self12 study is the basis for the subsequent analysis and

13 recommendations embodied in the Commission’s per14 formance review.

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

16 means the Permanent Performance Review Commis17 sion established by section 4.

18 (4) IMPLEMENTATION BILL.—The term ‘‘imple19 mentation bill’’ means a bill introduced pursuant to

20 a recommendation from a committee that receives a

21 performance review from the Commission and holds

22 hearings regarding the performance review.

23 (5) PERFORMANCE GOAL.—The term ‘‘perform24 ance goal’’ means a target level of performance ex25 pressed as a tangible, measurable objective against

26 which actual achievement shall be compared, includ-
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1 ing a goal expressed as a quantitative standard,

2 value, or rate.

3 (6) PERFORMANCE INDICATOR.—The term

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

5 or characteristic used to measure, in either a quali6 tative or quantitative form, the results of a program

7 activity and how they compare to the program’s in8 tended results or performance goals.

9 (7) PERFORMANCE REVIEW.—The term ‘‘per10 formance review’’ refers to the Commission’s de11 scription and analysis of an agency’s programs

12 based on the programs’ performance goals and rel13 evant performance indicators, accompanied by a line14 by-line set of legislative recommendations developed

15 by the Commission, reviewed by the appropriate

16 Congressional committees, and then, if approved,

17 submitted in bill form by the chairpersons of the ap18 propriate Congressional committees.

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

20 activity’’ means a specific activity or project as listed

21 in the program and financing schedules of the an22 nual budget of the United States Government.

23 SEC. 4. ESTABLISHMENT OF COMMISSION.

24 There is established a commission to be known as the

25 ‘‘Permanent Performance Review Commission’’.
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1 SEC. 5. FUNCTIONS OF COMMISSION.

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

3 (1) establish and manage a schedule of agency

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

5 United States over a fixed period of time;

6 (2) hold hearings as part of an overall assess7 ment and transformation of the data presented in an

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

9 developed by the Commission;

10 (3) submit the performance review and legisla11 tive recommendations to the President and the Con12 gress; and

13 (4) make the performance review and legislative

14 recommendations available to the public.

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

16 under subsection (a), the Commission shall—

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

18 once every 10 years;

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

20 on or before February 5 of each year, establish a

21 schedule of the agencies that will be reviewed and

22 the order of review for the next 2 years;

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

24 schedule of its responsibility for conducting an agen25 cy self-study and the dates on which it must submit
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1 progress reports and the final agency self-study re2 port;

3 (4) hold hearings on the agency self-study re4 port submitted by each agency;

5 (5) consult the chairpersons and the ranking

6 minority members of the appropriate congressional

7 committees regarding the agency self-study report

8 submitted by each agency; and

9 (6) submit a performance review and legislative

10 recommendations to the President and the Congress

11 not more than 21 months after receiving an agency

12 self-study report from an agency.

13 SEC. 6. MEMBERSHIP OF COMMISSION.

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

15 Commission shall be composed of 28 members, of which

16 23 will be voting members and 5 will be nonvoting, ex

17 officio members. The members shall be appointed as fol18 lows:

19 (1) VOTING MEMBERS.—All appointments of

20 voting members of the Commission shall be made

21 jointly by the majority and minority leaders of the

22 Senate and the Speaker and minority leader of the

23 House of Representatives from individuals rec24 ommended as follows:
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1 (A) RECOMMENDATIONS BY PRESIDENT.—

2 15 voting members shall be appointed from

3 among individuals recommended by the Presi4 dent. In making the recommendations, the

5 President shall ensure that not more than 8

6 members are affiliated with the same political

7 party.

8 (B) RECOMMENDATIONS BY CONGRESS.—8

9 additional voting members shall be appointed,

10 with 2 members each appointed from individ11 uals recommended by each of the following:

12 (i) Majority leader of the Senate.

13 (ii) Minority leader of the Senate.

14 (iii) Speaker of the House.

15 (iv) Minority leader of the House.

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

17 nonvoting, ex officio members of the Commission are

18 the following:

19 (A) Director of the Office of Management

20 and Budget.

21 (B) Majority leader of the Senate.

22 (C) Minority leader of the Senate.

23 (D) Speaker of the House.

24 (E) Minority leader of the House.

25 (b) QUALIFICATIONS OF VOTING MEMBERS.—
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1 (1) OFFICERS AND EMPLOYEES OF THE EXECU2 TIVE BRANCH.—An officer or employee of the execu3 tive branch of the Federal Government may not be

4 a voting member of the Commission.

5 (2) EXPERIENCE.—The President shall rec6 ommend for appointment to the commission individ7 uals with a variety of experiences and skills. Of the

8 individuals recommended under subsection

9 (a)(1)(A)—

10 (A) at least 1 shall be a person with ex11 plicit, in-depth experience in reforming large or12 ganizational systems;

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

14 has business experience and has held a high15 level position within an agency; and

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

17 has an extensive research background concern18 ing organizational reform, either in theoretical

19 work or in analysis of real world events.

20 (c) TERMS.—

21 (1) IN GENERAL.—Each member of the Com22 mission shall be appointed for a term of 2 years, ex23 cept as provided in paragraphs (2) and (3).
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1 (2) TERMS OF INITIAL APPOINTEES.—The

2 members initially appointed to the Commission shall

3 serve until the beginning of the next Congress.

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

5 shall be filled in the manner in which the original

6 appointment was made. Any member of the Commis7 sion appointed to fill a vacancy shall be appointed

8 only for the remainder of the term for which the

9 member’s predecessor was appointed. A member

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

11 until a successor has taken office.

12 (d) PAY.—

13 (1) IN GENERAL.—Each member of the Com14 mission shall be paid at a rate equal to the daily

15 equivalent of the minimum annual rate of basic pay

16 payable for level IV of the Executive Schedule under

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

18 day during which the member is engaged in the ac19 tual performance of duties of the Commission.

20 (2) EXCEPTION FOR GOVERNMENT OFFICERS

21 AND EMPLOYEES.—Members of the Commission who

22 are full-time officers or employees of the United

23 States shall receive no additional pay or compensa24 tion for their service on the Commission.
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1 (e) CHAIRPERSON.—The President shall designate 1

2 member of the Commission to be the chairperson of the

3 Commission.

4 (f) APPOINTMENT DEADLINE.—All initial appointees

5 shall be appointed under this section within 60 days after

6 the date of the enactment of this Act.

7 SEC. 7. DIRECTOR AND STAFF OF COMMISSION.

8 (a) DIRECTOR.—The Commission shall appoint a Di9 rector. The Director shall be paid at a rate not to exceed

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

11 Schedule under section 5315 of title 5, United States

12 Code.

13 (b) STAFF.—

14 (1) APPOINTMENT.—The Director, with the ap15 proval of the Commission, may appoint and fix the

16 pay of additional personnel.

17 (2) ASSIGNMENT.—Upon request of the Direc18 tor, the head of any agency may assign any of the

19 personnel of the agency to the Commission to assist

20 in carrying out the Commission’s review of the agen21 cy. Any employee of the Federal Government may be

22 assigned under this paragraph without reimburse23 ment to the assigning agency and without interrup24 tion or loss of civil service status or privilege.
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1 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

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

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

4 Code, governing appointments in the competitive service

5 and may be paid without regard to the provisions of chap6 ter 51 and subchapter III of chapter 53 of title 5, United

7 States Code, relating to classification and General Sched8 ule pay rates, except that an individual so appointed may

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

10 rate of basic pay payable for GS–15 of the General Sched11 ule.

12 (d) EXPERTS AND CONSULTANTS.—With the ap13 proval of the Commission, the Director may procure by

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

15 or intermittent services of experts or consultants pursuant

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

17 SEC. 8. POWERS OF COMMISSION.

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

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

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

21 the Commission considers appropriate. The Commission

22 may also administer oaths or affirmations to witnesses ap23 pearing before it.

24 (b) POWERS OF MEMBERS AND AGENTS.—Any mem25 ber or agent of the Commission may, if authorized by the
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1 Commission, take any action that the Commission is au2 thorized to take.

3 (c) OBTAINING OFFICIAL DATA.—The Commission

4 may secure additional information necessary for it to carry

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

6 of the chairperson of the Commission, the head of an

7 agency shall furnish the requested information within 30

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

9 chairperson of the Commission.

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

11 States mails in the same manner and under the same con12 ditions as other agencies.

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

14 Commission may lease space to the extent that funds are

15 available.

16 SEC. 9. DUTIES OF AGENCIES SUBJECT TO PERFORMANCE

17 REVIEW.

18 (a) IN GENERAL.—An agency notified by the Com19 mission that it is on the performance review schedule

20 shall—

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

22 days before the agency self-study report is due and

23 write an agency self-study report meeting the cri24 teria established in subsection (c);
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1 (2) submit a progress report to the Commission

2 60 days before the agency self-study report is due;

3 (3) submit a 2d progress report to the Commis4 sion 30 days before the agency self-study report is

5 due; and

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

7 Commission on the date scheduled by the Commis8 sion.

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

10 present in detail the full range of programs being reviewed

11 and the status of each review.

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

13 self-study report shall include the following:

14 (1) MISSION STATEMENT.—A comprehensive

15 mission statement covering the functions and oper16 ations of the agency and all its subdivisions.

17 (2) CENSUS.—A complete census of all the sep18 arate programs, with the name and a full description

19 of the current organizational subdivision that has re20 sponsibility for the conduct and administration of

21 each program.

22 (3) STATUTORY REFERENCES.—A citation to

23 the statute that establishes or authorizes the estab24 lishment of each program, a statement of the objec25 tives of the program as prescribed by statute or ad-
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1 ministrative order, and for each of the objectives, a

2 detailed statement of the way in which each program

3 activity contributes to the attainment or furtherance

4 of the objectives.

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

6 each program for each of the preceding 5 years.

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

8 personnel levels associated with each program for

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

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

11 most recent fiscal year.

12 (6) PRIORITY OF PROGRAMS.—A comparative

13 assessment that establishes a priority order for each

14 program in the overall institutional mission of the

15 agency.

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

17 specific performance goals that are used to define

18 the levels of performance achieved by the particular

19 activities of each program. When possible the goals

20 shall be measured in quantifiable forms and applica21 ble across program activities.

22 (8) PERFORMANCE LEVEL.—A comparison of

23 each performance goal with the actual level of per24 formance measured using a performance indicator.
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1 (9) CUSTOMER SATISFACTION.—An analysis of

2 how effectively each program met the expectations

3 and needs of its customers, with special attention to

4 the handling of complaints and suggestions for im5 provements as well as an explicit discussion of the

6 sources for such an analysis.

7 (10) RESULTS AND ACCOMPLISHMENTS.—A full

8 statement of the results and accomplishments of

9 each program, described in terms relating as closely

10 as possible to the purpose of the program as em11 bodied in the enabling legislation as well as to the

12 performance indicators currently used by the pro13 gram.

14 (11) VERIFICATION AND VALIDATION.—An ex15 plicit review of the means used by each agency to

16 verify and validate all of the above measured values,

17 as well as a description of the current annual evalua18 tions in place used to update and reformulate pro19 gram goals and operations.

20 (12) COST EFFECTIVENESS.—An assessment of

21 the cost effectiveness of each program activity, in22 cluding, when possible, a quantifiable cost-benefit

23 analysis.

24 (13) PAPERWORK AND PROCEDURAL REQUIRE25 MENTS.—A review of the paperwork and procedural
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1 requirements of each program and the costs associ2 ated with the requirements.

3 (14) CONTRACTS AND PROCUREMENT.—A re4 view of each program’s contracts and procurement

5 histories.

6 (15) FEDERAL GRANTS TO STATE AND LOCAL

7 GOVERNMENTS.—A review of Federal grants to

8 State or local governments in any program over the

9 preceding 5 years, and an analysis of the explicit cri10 teria for awarding the grants, with the goal of iden11 tifying any criteria that are performance based.

12 (16) FINANCIAL AND INFORMATION SYS13 TEMS.—A review and analysis of the agencywide fi14 nancial and information systems and the extent to

15 which the introduction of new, more efficient forms

16 of financial- and information-systems management

17 could contribute significantly to better service.

18 (17) EMPLOYEE INVOLVEMENT.—A review of

19 the effect of current managerial practices intended

20 to involve employees more effectively in assessing

21 and reformulating the goals and procedures of each

22 program activity.

23 (18) TRAINING.—A survey of all training pro24 grams for managers and other employees, and an

25 analysis of their effectiveness.
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1 (19) RESPONSE TO FEDERAL FUNDING LEV2 ELS.—A statement setting forth in detail all reason3 able actions, whether in conjunction with or as alter4 natives to other actions, that the agency would take

5 in response to the fixing of the total amount of Fed6 eral funds available during the upcoming fiscal year

7 for all program activities, including, when appro8 priate, actions requiring the enactment, amendment,

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

10 (A) actions the agency would take if the

11 funds available were fixed at—

12 (i) an amount equal to 90 percent of

13 the amount of funds available during the

14 fiscal year ending on the September 30

15 preceding submission of the agency self16 study;

17 (ii) an amount equal to 95 percent of

18 the amount of funds available during the

19 fiscal year ending on the June 30 preced20 ing submission of the agency self-study;

21 (iii) an amount equal to the same

22 amount of funds available during the fiscal

23 year ending on the preceding September

24 30;
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1 (iv) an amount equal to 105 percent

2 of the amount of funds available during

3 the fiscal year ending on the preceding

4 September 30; or

5 (v) an amount equal to 110 percent of

6 the amount of funds available during the

7 fiscal year ending on the preceding Sep8 tember 30; and

9 (B) an assessment of the effect that taking

10 each action could be expected to have on—

11 (i) the mission and operations of the

12 agency as a whole;

13 (ii) the activities and accomplishments

14 of each program for which any of its orga15 nizational subdivisions is responsible; and

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

17 the citizens of the country.

18 SEC. 10. PERFORMANCE REVIEW BY COMMISSION.

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

20 performance review shall include an evaluation of the data

21 contained in an agency self-study report and presented at

22 the hearings held by the Commission, including an assess23 ment of—

24 (1) the effectiveness of the agency in perform25 ing the responsibilities assigned by law;
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1 (2) the operational efficiency of the agency in

2 performing its responsibilities;

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

4 the agency upon the economy and the environment

5 of the country, and upon the health, safety, and wel6 fare of the people of the United States;

7 (4) the accessibility and responsiveness of the

8 agency as demonstrated in each of its programs, in9 cluding the way in which the agency has handled

10 complaints, suggestions, and requests for informa11 tion or assistance;

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

13 planning, information and records management, and

14 overall resource controls; and

15 (6) the existence of other programs within the

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

17 government with objectives or operations that dupli18 cate or are in conflict with the objectives or oper19 ations of any program in the agency under review.

20 (b) DEVELOPMENT OF RECOMMENDATIONS.—In de21 veloping the recommendations required by section 5(b)(6)

22 regarding an agency, the Commission shall consider—

23 (1) the extent to which the statutory mandates

24 of each program are currently being served;

25 (2) the adequacy of the agency’s performance;
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1 (3) whether a reduction in the scope or degree

2 of the agency’s regulations would endanger the goals

3 of each program; and

4 (4) whether specific regulations governing the

5 management of any program can be rewritten.

6 (c) REPORTING THE PERFORMANCE REVIEW.—The

7 Commission will deliver its performance review to the

8 Speaker of the House of Representatives not later than

9 21 months after receiving an agency self-study report from

10 an agency.

11 SEC. 11. CONGRESSIONAL ACTION ON PERFORMANCE RE12 VIEW.

13 (a) PROCEDURES IN HOUSE OF REPRESENTA14 TIVES.—

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

16 of Representatives receives a performance review

17 from the Commission, the Speaker shall refer it to

18 only 1 standing committee of the House. To the ex19 tent possible, the Speaker shall rely on the rules of

20 the House of Representatives to determine the ap21 propriate committee to receive the performance re22 view.

23 (2) PUBLIC HEARINGS ON PERFORMANCE RE24 VIEWS.—During the 30-legislative-day period after

25 the referral of a performance review to a committee
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1 under paragraph (1), the committee shall hold public

2 hearings for the purpose of receiving comments on

3 the performance review and the recommendations.

4 After the hearings, the chairperson of the committee

5 shall submit to the House an implementation bill

6 with an accompanying report that comments on all

7 the recommendations made by the Commission and

8 sets forth the reasons why certain recommendations

9 are not legislatively addressed.

10 (3) DISCHARGE OF COMMITTEE.—If a commit11 tee receiving an implementation bill under paragraph

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

13 calendar days after the date on which the bill was

14 introduced, the committee shall be discharged from

15 further consideration of the bill and the bill shall be

16 placed on the appropriate calendar of the House.

17 (4) FLOOR CONSIDERATION.—

18 (A) MOTION TO PROCEED TO CONSIDER19 ATION.—On or after the 4th day after the date

20 on which the committee reports an implementa21 tion bill or is discharged under paragraph (3),

22 any Member of the House may announce to the

23 House the Member’s intention to move to pro24 ceed to the consideration of the implementation

25 bill. The following day, it shall be in order for
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1 the Member to move to proceed to the consider2 ation of the bill, even if a previous motion is

3 disagreed to. The motion shall be highly privi4 leged and shall not be subject to amendment, to

5 a motion to postpone, or to a motion to proceed

6 to the consideration of other business. A motion

7 to reconsider the vote by which the motion is

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

9 If a motion to proceed to consideration of the

10 bill is agreed to, the House shall immediately

11 proceed to consideration of the bill without an

12 intervening motion, order, or other business,

13 and the bill shall remain the unfinished busi14 ness of the House until disposed of.

15 (B) POINTS OF ORDER.—All points of

16 order against an implementation bill and

17 against consideration of the bill shall be consid18 ered to be waived.

19 (C) DEBATE.—Debate on an implementa20 tion bill, and on all debatable motions and ap21 peals in connection with the bill, shall be limited

22 to not more than 10 hours, which shall be di23 vided equally between the chairperson and the

24 ranking minority member of the committee that

25 considered the bill or their designees. A motion
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1 further to limit debate shall be in order and

2 shall not be debatable. The following shall not

3 be in order:

4 (i) An amendment to the bill.

5 (ii) A motion to postpone.

6 (iii) A motion to proceed to the con7 sideration of other business.

8 (iv) A motion to recommit the bill.

9 (v) A motion to reconsider the vote by

10 which the bill is agreed to or disagreed to.

11 (D) FINAL PASSAGE.—Immediately follow12 ing the conclusion of the debate on an imple13 mentation bill and a single quorum call at the

14 conclusion of the debate, if requested in accord15 ance with the rules of the House, the vote on

16 final passage of the implementation bill shall

17 occur.

18 (E) APPEALS FROM CHAIR.—Appeals from

19 the decisions of the Chair relating to the appli20 cation of the rules of the House to the proce21 dure relating to an implementation bill shall be

22 decided without debate.

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

24 House receives an implementation bill regarding an

25 agency from the Senate before it passes its own im-
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1 plementation bill regarding the same agency, then

2 the following procedures apply:

3 (A) REFERRAL.—The implementation bill

4 from the Senate shall not be referred to a com5 mittee.

6 (B) FLOOR CONSIDERATION.—The proce7 dure in the House shall be the same as if no

8 implementation bill had been received from the

9 Senate, except that the vote on final passage

10 shall be on the implementation bill received

11 from the Senate.

12 (C) FINAL DISPOSITION.—Upon disposi13 tion of the implementation bill received from

14 the Senate, it shall no longer be in order to con15 sider the implementation bill that originated in

16 the House.

17 (b) EXERCISE OF RULEMAKING POWER.—This sec18 tion is promulgated—

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

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

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

22 this section supersedes other rules of the House only

23 to the extent that it is inconsistent with such other

24 rules; and
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1 (2) with full recognition of the constitutional

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

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

4 the case of any other rule of the House.

5 SEC. 12. DURATION OF COMMISSION.

6 Section 14(a)(2)(B) of the Federal Advisory Commit7 tee Act (5 U.S.C. App.), relating to the termination of

8 advisory committees, shall not apply to the Commission.

9 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated to the Com11 mission to carry out its duties under this Act $1,000,000

12 for each fiscal year.

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