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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Permanent Perform-
ance Review Act of 1993’’.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) the central purpose of our democratic gov-
ernment is to effectuate the will of a free people;
that, in its pursuit of that purpose, the Congress’
principal purpose is to enact laws which properly
embody that will and which ensure that agencies
charged with the execution of those laws are vested
with such authority and endowed with such re-
sources as may be requisite therefor and useful
thereto; that the corresponding principal function of
the executive is to pursue the implementation of
those laws through the exercise of the authority so
accorded to it; and that beyond the duties peculiar
to each, these two branches of government bear as
well a joint and ongoing responsibility for ensuring
that the implementation of public policy is conducted
effectively and efficiently, that the executive’s exer-
cise of its authority advances the aims and respects
the restrictions incorporated in the law under which
the authority was conferred, that both the regulation
of private behavior and the expenditure of public
moneys continue to be justified by actual benefits
flowing therefrom, that the unintended harms or in-
equities arising from the operation of laws enacted
and implemented in good faith are promptly uncov-
ered and remedied, and that government maintains
in its conduct of the affairs of the people the high
standards which it is morally and legally obligated to
observe as their steward and trustee.
(2) The Congress finds that, to meet the re-
sponsibilities of government hereinabove declared, it
is necessary and appropriate that the performance of
government be reviewed and evaluated, and that the
scope of the review and evaluation should extend as
broadly as is practicable to the various organiza-
tional, program and budgetary elements of all public
service activities directly or indirectly funded in
whole or in part by the government. The Congress
finds in addition that the review and evaluation of
executive branch performance ought properly to be
undertaken jointly by the Congress and the executive
and with the assistance, where appropriate, of par-
ties outside of the national government; that the
Congress’ participation in the review and evaluation
process can be most effectively conducted by a bipar-
tisan commission which shall, for each review and
evaluation of a particular agency, draw upon mem-
bers having substantial knowledge for the missions
and objectives of that agency; and that the commis-
sion should have available for its use and exercise all
resources and powers appropriate to the duties with
which it is charged. Furthermore, the Congress finds
that such a commission would also be the most suit-
able instrument through which to conduct the review
and evaluation of agency operations.
SEC. 5. FUNCTIONS OF COMMISSION.
(a) IN GENERAL.—The Commission shall—
(1) establish and manage a schedule of agency
self-studies to be conducted by the agencies of the
United States over a fixed period of time;
(2) hold hearings as part of an overall assess-
ment and transformation of the data presented in an
agency’s self-study into a performance review to be
developed by the Commission;
(3) submit the performance review and legisla-
tive recommendations to the President and the Con-
gress; and
(4) make the performance review and legislative
recommendations available to the public.
(b) SPECIFIC DUTIES.—In carrying out its functions
under subsection (a), the Commission shall—
(1) ensure that each agency is reviewed at least
once every 10 years;
(2) by vote of the majority of the Commission
on or before February 5 of each year, establish a
schedule of the agencies that will be reviewed and
the order of review for the next 2 years;
(3) notify, in writing, each agency listed on the
schedule of its responsibility for conducting an agen-
cy self-study and the dates on which it must submit
progress reports and the final agency self-study re-
port;
(4) hold hearings on the agency self-study re-
port submitted by each agency;
(5) consult the chairpersons and the ranking
minority members of the appropriate congressional
committees regarding the agency self-study report
submitted by each agency; and
(6) submit a performance review and legislative
recommendations to the President and the Congress
not more than 21 months after receiving an agency
self-study report from an agency.
SEC. 6. MEMBERSHIP OF COMMISSION.
(a) NUMBER AND METHOD OF APPOINTMENT.—The
Commission shall be composed of 28 members, of which
23 will be voting members and 5 will be nonvoting, ex
officio members. The members shall be appointed as fol-
lows:
(1) VOTING
MEMBERS.—All appointments of
voting members of the Commission shall be made
jointly by the majority and minority leaders of the
Senate and the Speaker and minority leader of the
House of Representatives from individuals rec-
ommended as follows:
(A) RECOMMENDATIONS BY PRESIDENT.—
15 voting members shall be appointed from
among individuals recommended by the Presi-
dent. In making the recommendations, the
President shall ensure that not more than 8
members are affiliated with the same political
party.
(B) RECOMMENDATIONS BY CONGRESS.—8
additional voting members shall be appointed,
with 2 members each appointed from individ-
uals recommended by each of the following:
(i) Majority leader of the Senate.
(ii) Minority leader of the Senate.
(iii) Speaker of the House.
(iv) Minority leader of the House.
(2) NONVOTING, EX OFFICIO MEMBERS.—The
nonvoting, ex officio members of the Commission are
the following:
(A) Director of the Office of Management
and Budget.
(B) Majority leader of the Senate.
(C) Minority leader of the Senate.
(D) Speaker of the House.
(E) Minority leader of the House.
(b) QUALIFICATIONS OF VOTING MEMBERS.—
(1) OFFICERS AND EMPLOYEES OF THE EXECU-
TIVE BRANCH.—An officer or employee of the execu-
tive branch of the Federal Government may not be
a voting member of the Commission.
(2) EXPERIENCE.—The President shall rec-
ommend for appointment to the commission individ-
uals with a variety of experiences and skills. Of the
individuals 
recommended 
under 
subsection
(a)(1)(A)—
(A) at least 1 shall be a person with ex-
plicit, in-depth experience in reforming large or-
ganizational systems;
(B) at least 1 shall be a person who both
has business experience and has held a high-
level position within an agency; and
(C) at least 1 shall be an individual who
has an extensive research background concern-
ing organizational reform, either in theoretical
work or in analysis of real world events.
(c) TERMS.—
(1) IN GENERAL.—Each member of the Com-
mission shall be appointed for a term of 2 years, ex-
cept as provided in paragraphs (2) and (3).
(2) TERMS
OF
INITIAL
APPOINTEES.—The
members initially appointed to the Commission shall
serve until the beginning of the next Congress.
(3) VACANCIES.—A vacancy on the Commission
shall be filled in the manner in which the original
appointment was made. Any member of the Commis-
sion appointed to fill a vacancy shall be appointed
only for the remainder of the term for which the
member’s predecessor was appointed. A member
may serve after the expiration of the member’s term
until a successor has taken office.
(d) PAY.—
(1) IN GENERAL.—Each member of the Com-
mission shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay
payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day during which the member is engaged in the ac-
tual performance of duties of the Commission.
(2) EXCEPTION
FOR
GOVERNMENT
OFFICERS
AND EMPLOYEES.—Members of the Commission who
are full-time officers or employees of the United
States shall receive no additional pay or compensa-
tion for their service on the Commission.
(e) CHAIRPERSON.—The President shall designate 1
member of the Commission to be the chairperson of the
Commission.
(f) APPOINTMENT DEADLINE.—All initial appointees
shall be appointed under this section within 60 days after
the date of the enactment of this Act.
SEC. 7. DIRECTOR AND STAFF OF COMMISSION.
(a) DIRECTOR.—The Commission shall appoint a Di-
rector. The Director shall be paid at a rate not to exceed
the rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(b) STAFF.—
(1) APPOINTMENT.—The Director, with the ap-
proval of the Commission, may appoint and fix the
pay of additional personnel.
(2) ASSIGNMENT.—Upon request of the Direc-
tor, the head of any agency may assign any of the
personnel of the agency to the Commission to assist
in carrying out the Commission’s review of the agen-
cy. Any employee of the Federal Government may be
assigned under this paragraph without reimburse-
ment to the assigning agency and without interrup-
tion or loss of civil service status or privilege.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The staff of the Commission may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service
and may be paid without regard to the provisions of chap-
ter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification and General Sched-
ule pay rates, except that an individual so appointed may
not receive pay in excess of 120 percent of the minimum
rate of basic pay payable for GS–15 of the General Sched-
ule.
(d) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the Director may procure by
contract, to the extent funds are available, the temporary
or intermittent services of experts or consultants pursuant
to section 3109 of title 5, United States Code.
SEC. 8. POWERS OF COMMISSION.
(a) HEARINGS AND SESSIONS.—To carry out this
Act, the Commission may hold hearings, sit and act at
times and places, take testimony, and receive evidence as
the Commission considers appropriate. The Commission
may also administer oaths or affirmations to witnesses ap-
pearing before it.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is au-
thorized to take.
(c) OBTAINING OFFICIAL DATA.—The Commission
may secure additional information necessary for it to carry
out this Act from the head of any agency. Upon request
of the chairperson of the Commission, the head of an
agency shall furnish the requested information within 30
days after the request or within the time specified by the
chairperson of the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other agencies.
(e) AUTHORITY TO ENTER INTO CONTRACTS.—The
Commission may lease space to the extent that funds are
available.
SEC. 9. DUTIES OF AGENCIES SUBJECT TO PERFORMANCE
REVIEW.
(a) IN GENERAL.—An agency notified by the Com-
mission that it is on the performance review schedule
shall—
(1) conduct an agency self-study beginning 90
days before the agency self-study report is due and
write an agency self-study report meeting the cri-
teria established in subsection (c);
(2) submit a progress report to the Commission
60 days before the agency self-study report is due;
(3) submit a 2d progress report to the Commis-
sion 30 days before the agency self-study report is
due; and
(4) submit the agency self-study report to the
Commission on the date scheduled by the Commis-
sion.
(b) PROGRESS REPORTS.—Each progress report shall
present in detail the full range of programs being reviewed
and the status of each review.
(c) AGENCY SELF-STUDY REPORT.—Each agency
self-study report shall include the following:
(1) MISSION
STATEMENT.—A comprehensive
mission statement covering the functions and oper-
ations of the agency and all its subdivisions.
(2) CENSUS.—A complete census of all the sep-
arate programs, with the name and a full description
of the current organizational subdivision that has re-
sponsibility for the conduct and administration of
each program.
(3) STATUTORY
REFERENCES.—A citation to
the statute that establishes or authorizes the estab-
lishment of each program, a statement of the objec-
tives of the program as prescribed by statute or ad-
ministrative order, and for each of the objectives, a
detailed statement of the way in which each program
activity contributes to the attainment or furtherance
of the objectives.
(4) BUDGETS.—A review of the budgets for
each program for each of the preceding 5 years.
(5) PERSONNEL LEVELS.—A statement of the
personnel levels associated with each program for
the previous fiscal year, the preceding 4 fiscal years,
and the 10th and 15th fiscal years preceding the
most recent fiscal year.
(6) PRIORITY OF PROGRAMS.—A comparative
assessment that establishes a priority order for each
program in the overall institutional mission of the
agency.
(7) PERFORMANCE GOALS.—A statement of the
specific performance goals that are used to define
the levels of performance achieved by the particular
activities of each program. When possible the goals
shall be measured in quantifiable forms and applica-
ble across program activities.
(8) PERFORMANCE
LEVEL.—A comparison of
each performance goal with the actual level of per-
formance measured using a performance indicator.
(9) CUSTOMER SATISFACTION.—An analysis of
how effectively each program met the expectations
and needs of its customers, with special attention to
the handling of complaints and suggestions for im-
provements as well as an explicit discussion of the
sources for such an analysis.
(10) RESULTS AND ACCOMPLISHMENTS.—A full
statement of the results and accomplishments of
each program, described in terms relating as closely
as possible to the purpose of the program as em-
bodied in the enabling legislation as well as to the
performance indicators currently used by the pro-
gram.
(11) VERIFICATION AND VALIDATION.—An ex-
plicit review of the means used by each agency to
verify and validate all of the above measured values,
as well as a description of the current annual evalua-
tions in place used to update and reformulate pro-
gram goals and operations.
(12) COST EFFECTIVENESS.—An assessment of
the cost effectiveness of each program activity, in-
cluding, when possible, a quantifiable cost-benefit
analysis.
(13) PAPERWORK AND PROCEDURAL REQUIRE-
MENTS.—A review of the paperwork and procedural
requirements of each program and the costs associ-
ated with the requirements.
(14) CONTRACTS AND PROCUREMENT.—A re-
view of each program’s contracts and procurement
histories.
(15) FEDERAL GRANTS TO STATE AND LOCAL
GOVERNMENTS.—A review of Federal grants to
State or local governments in any program over the
preceding 5 years, and an analysis of the explicit cri-
teria for awarding the grants, with the goal of iden-
tifying any criteria that are performance based.
(16) 
FINANCIAL
AND
INFORMATION
SYS-
TEMS.—A review and analysis of the agencywide fi-
nancial and information systems and the extent to
which the introduction of new, more efficient forms
of financial- and information-systems management
could contribute significantly to better service.
(17) EMPLOYEE INVOLVEMENT.—A review of
the effect of current managerial practices intended
to involve employees more effectively in assessing
and reformulating the goals and procedures of each
program activity.
(18) TRAINING.—A survey of all training pro-
grams for managers and other employees, and an
analysis of their effectiveness.
(19) RESPONSE
TO
FEDERAL
FUNDING
LEV-
ELS.—A statement setting forth in detail all reason-
able actions, whether in conjunction with or as alter-
natives to other actions, that the agency would take
in response to the fixing of the total amount of Fed-
eral funds available during the upcoming fiscal year
for all program activities, including, when appro-
priate, actions requiring the enactment, amendment,
or repeal of a statute. The statement shall include—
(A) actions the agency would take if the
funds available were fixed at—
(i) an amount equal to 90 percent of
the amount of funds available during the
fiscal year ending on the September 30
preceding submission of the agency self-
study;
(ii) an amount equal to 95 percent of
the amount of funds available during the
fiscal year ending on the June 30 preced-
ing submission of the agency self-study;
(iii) an amount equal to the same
amount of funds available during the fiscal
year ending on the preceding September
30;
(iv) an amount equal to 105 percent
of the amount of funds available during
the fiscal year ending on the preceding
September 30; or
(v) an amount equal to 110 percent of
the amount of funds available during the
fiscal year ending on the preceding Sep-
tember 30; and
(B) an assessment of the effect that taking
each action could be expected to have on—
(i) the mission and operations of the
agency as a whole;
(ii) the activities and accomplishments
of each program for which any of its orga-
nizational subdivisions is responsible; and
(iii) the health, safety, and welfare of
the citizens of the country.
SEC. 10. PERFORMANCE REVIEW BY COMMISSION.
(a) EVALUATION OF DATA BY COMMISSION.—The
performance review shall include an evaluation of the data
contained in an agency self-study report and presented at
the hearings held by the Commission, including an assess-
ment of—
(1) the effectiveness of the agency in perform-
ing the responsibilities assigned by law;
(2) the operational efficiency of the agency in
performing its responsibilities;
(3) the effect of the policies and programs of
the agency upon the economy and the environment
of the country, and upon the health, safety, and wel-
fare of the people of the United States;
(4) the accessibility and responsiveness of the
agency as demonstrated in each of its programs, in-
cluding the way in which the agency has handled
complaints, suggestions, and requests for informa-
tion or assistance;
(5) the conduct of internal functions, such as
planning, information and records management, and
overall resource controls; and
(6) the existence of other programs within the
agency, in another agency, or at another level of
government with objectives or operations that dupli-
cate or are in conflict with the objectives or oper-
ations of any program in the agency under review.
(b) DEVELOPMENT OF RECOMMENDATIONS.—In de-
veloping the recommendations required by section 5(b)(6)
regarding an agency, the Commission shall consider—
(1) the extent to which the statutory mandates
of each program are currently being served;
(2) the adequacy of the agency’s performance;
(3) whether a reduction in the scope or degree
of the agency’s regulations would endanger the goals
of each program; and
(4) whether specific regulations governing the
management of any program can be rewritten.
(c) REPORTING THE PERFORMANCE REVIEW.—The
Commission will deliver its performance review to the
Speaker of the House of Representatives not later than
21 months after receiving an agency self-study report from
an agency.
SEC. 11. CONGRESSIONAL ACTION ON PERFORMANCE RE-
VIEW.
(a) PROCEDURES
IN
HOUSE
OF
REPRESENTA-
TIVES.—
(1) REFERRAL OF REPORT.—After the House
of Representatives receives a performance review
from the Commission, the Speaker shall refer it to
only 1 standing committee of the House. To the ex-
tent possible, the Speaker shall rely on the rules of
the House of Representatives to determine the ap-
propriate committee to receive the performance re-
view.
(2) PUBLIC HEARINGS ON PERFORMANCE RE-
VIEWS.—During the 30-legislative-day period after
the referral of a performance review to a committee
under paragraph (1), the committee shall hold public
hearings for the purpose of receiving comments on
the performance review and the recommendations.
After the hearings, the chairperson of the committee
shall submit to the House an implementation bill
with an accompanying report that comments on all
the recommendations made by the Commission and
sets forth the reasons why certain recommendations
are not legislatively addressed.
(3) DISCHARGE OF COMMITTEE.—If a commit-
tee receiving an implementation bill under paragraph
(1) has not reported the bill by the end of the 15
calendar days after the date on which the bill was
introduced, the committee shall be discharged from
further consideration of the bill and the bill shall be
placed on the appropriate calendar of the House.
(4) FLOOR CONSIDERATION.—
(A) MOTION TO PROCEED TO CONSIDER-
ATION.—On or after the 4th day after the date
on which the committee reports an implementa-
tion bill or is discharged under paragraph (3),
any Member of the House may announce to the
House the Member’s intention to move to pro-
ceed to the consideration of the implementation
bill. The following day, it shall be in order for