[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3982 Introduced in House (IH)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permanent Performance Review Act of 
1996''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) the central purpose of our democratic government 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 resources 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 exercise 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 inequities arising from the operation of 
        laws enacted and implemented in good faith are promptly 
        uncovered 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 responsibilities 
        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 
        organizational, 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 
        parties outside of the national government; that the Congress' 
        participation in the review and evaluation process can be most 
        effectively conducted by a bipartisan commission which shall, 
        for each review and evaluation of a particular agency, draw 
        upon members having substantial knowledge for the missions and 
        objectives of that agency; and that the commission 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 suitable instrument through which to conduct 
        the review and evaluation of agency operations.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Agency.--The term ``agency'' means a cabinet-level 
        department listed in section 101 of title 5, United States 
        Code, or any executive agency, as defined in section 105 of 
        such title 5, whose budget exceeded $1,000,000,000 in fiscal 
        year 1993.
            (2) Agency self-study.--The term ``agency self-study'' 
        means the initial collection, analysis, and report of 
        performance data developed by each agency at the direction of 
        the Commission. An agency self-study is the basis for the 
        subsequent analysis and recommendations embodied in the 
        Commission's performance review.
            (3) Commission.--The term ``Commission'' means the 
        Permanent Performance Review Commission established by section 
        4.
            (4) Implementation bill.--The term ``implementation bill'' 
        means a bill introduced pursuant to a recommendation from a 
        committee that receives a performance review from the 
        Commission and holds hearings regarding the performance review.
            (5) Performance goal.--The term ``performance goal'' means 
        a target level of performance expressed as a tangible, 
        measurable objective against which actual achievement shall be 
        compared, including a goal expressed as a quantitative 
        standard, value, or rate.
            (6) Performance indicator.--The term ``performance 
        indicator'' refers to a particular value or characteristic used 
        to measure, in either a qualitative or quantitative form, the 
        results of a program activity and how they compare to the 
        program's intended results or performance goals.
            (7) Performance review.--The term ``performance review'' 
        refers to the Commission's description and analysis of an 
        agency's programs based on the programs' performance goals and 
        relevant performance indicators, accompanied by a line-by-line 
        set of legislative recommendations developed by the Commission, 
        reviewed by the appropriate Congressional committees, and then, 
        if approved, submitted in bill form by the chairpersons of the 
        appropriate Congressional committees.
            (8) Program activity.--The term ``program activity'' means 
        a specific activity or project as listed in the program and 
        financing schedules of the annual budget of the United States 
        Government.

SEC. 4. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``Permanent 
Performance Review Commission''.

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 assessment 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 legislative 
        recommendations to the President and the Congress; 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 agency self-study and 
        the dates on which it must submit progress reports and the 
        final agency self-study report;
            (4) hold hearings on the agency self-study report 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 
follows:
            (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 
        recommended as follows:
                    (A)  Recommendations by president.--15 voting 
                members shall be appointed from among individuals 
                recommended by the President. 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 individuals 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 executive branch.--An 
        officer or employee of the executive branch of the Federal 
        Government may not be a voting member of the Commission.
            (2) Experience.--The President shall recommend for 
        appointment to the commission individuals 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 explicit, in-
                depth experience in reforming large organizational 
                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 concerning organizational 
                reform, either in theoretical work or in analysis of 
                real world events.
    (c) Terms.--
            (1) In general.--Each member of the Commission shall be 
        appointed for a term of 2 years, except 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 Commission 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 Commission 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 actual 
        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 compensation 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 Director. 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 approval of the 
        Commission, may appoint and fix the pay of additional 
        personnel.
            (2) Assignment.--Upon request of the Director, 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 agency. Any employee of the Federal Government may be 
        assigned under this paragraph without reimbursement to the 
        assigning agency and without interruption 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 chapter 51 
and subchapter III of chapter 53 of title 5, United States Code, 
relating to classification and General Schedule 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 
Schedule.
    (d) Experts and Consultants.--With the approval 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 
appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action that 
the Commission is authorized 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 conditions 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 Commission 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 criteria 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 Commission 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 Commission.
    (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 operations of the agency and all its 
        subdivisions.
            (2) Census.--A complete census of all the separate 
        programs, with the name and a full description of the current 
        organizational subdivision that has responsibility for the 
        conduct and administration of each program.
            (3) Statutory references.--A citation to the statute that 
        establishes or authorizes the establishment of each program, a 
        statement of the objectives of the program as prescribed by 
        statute or administrative 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 applicable across program activities.
            (8) Performance level.--A comparison of each performance 
        goal with the actual level of performance 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 improvements 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 embodied in the enabling legislation as well as to the 
        performance indicators currently used by the program.
            (11) Verification and validation.--An explicit 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 evaluations in place used to update and reformulate 
        program goals and operations.
            (12) Cost effectiveness.--An assessment of the cost 
        effectiveness of each program activity, including, when 
        possible, a quantifiable cost-benefit analysis.
            (13) Paperwork and procedural requirements.--A review of 
        the paperwork and procedural requirements of each program and 
        the costs associated with the requirements.
            (14) Contracts and procurement.--A review 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 criteria for awarding the grants, with the goal of 
        identifying any criteria that are performance based.
            (16) Financial and information systems.--A review and 
        analysis of the agencywide financial 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 programs for 
        managers and other employees, and an analysis of their 
        effectiveness.
            (19) Response to federal funding levels.--A statement 
        setting forth in detail all reasonable actions, whether in 
        conjunction with or as alternatives to other actions, that the 
        agency would take in response to the fixing of the total amount 
        of Federal funds available during the upcoming fiscal year for 
        all program activities, including, when appropriate, 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 preceding 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 September 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 
                        organizational 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 assessment of--
            (1) the effectiveness of the agency in performing 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 welfare of the people of the United 
        States;
            (4) the accessibility and responsiveness of the agency as 
        demonstrated in each of its programs, including the way in 
        which the agency has handled complaints, suggestions, and 
        requests for information 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 duplicate or are in conflict with 
        the objectives or operations of any program in the agency under 
        review.
    (b) Development of Recommendations.--In developing 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 REVIEW.

    (a) Procedures in House of Representatives.--
            (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 extent possible, the Speaker shall rely on the rules of the 
        House of Representatives to determine the appropriate committee 
        to receive the performance review.
            (2) Public hearings on performance reviews.--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 committee 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 consideration.--On or 
                after the 4th day after the date on which the committee 
                reports an implementation bill or is discharged under 
                paragraph (3), any Member of the House may announce to 
                the House the Member's intention to move to proceed to 
                the consideration of the implementation bill. The 
                following day, it shall be in order for the Member to 
                move to proceed to the consideration of the bill, even 
                if a previous motion is disagreed to. The motion shall 
                be highly privileged and shall not be subject to 
                amendment, to a motion to postpone, or to a motion to 
                proceed to the consideration of other business. A 
                motion to reconsider the vote by which the motion is 
                agreed to or disagreed to shall not be in order. If a 
                motion to proceed to consideration of the bill is 
                agreed to, the House shall immediately proceed to 
                consideration of the bill without an intervening 
                motion, order, or other business, and the bill shall 
                remain the unfinished business of the House until 
                disposed of.
                    (B) Points of order.--All points of order against 
                an implementation bill and against consideration of the 
                bill shall be considered to be waived.
                    (C) Debate.--Debate on an implementation bill, and 
                on all debatable motions and appeals in connection with 
                the bill, shall be limited to not more than 10 hours, 
                which shall be divided equally between the chairperson 
                and the ranking minority member of the committee that 
                considered the bill or their designees. A motion 
                further to limit debate shall be in order and shall not 
                be debatable. The following shall not be in order:
                            (i) An amendment to the bill.
                            (ii) A motion to postpone.
                            (iii) A motion to proceed to the 
                        consideration of other business.
                            (iv) A motion to recommit the bill.
                            (v) A motion to reconsider the vote by 
                        which the bill is agreed to or disagreed to.
                    (D) Final passage.--Immediately following the 
                conclusion of the debate on an implementation bill and 
                a single quorum call at the conclusion of the debate, 
                if requested in accordance with the rules of the House, 
                the vote on final passage of the implementation bill 
                shall occur.
                    (E) Appeals from chair.--Appeals from the decisions 
                of the Chair relating to the application of the rules 
                of the House to the procedure relating to an 
                implementation bill shall be decided without debate.
            (5) Consideration of senate bill.--If the House receives an 
        implementation bill regarding an agency from the Senate before 
        it passes its own implementation bill regarding the same 
        agency, then the following procedures apply:
                    (A) Referral.--The implementation bill from the 
                Senate shall not be referred to a committee.
                    (B) Floor consideration.--The procedure in the 
                House shall be the same as if no implementation bill 
                had been received from the Senate, except that the vote 
                on final passage shall be on the implementation bill 
                received from the Senate.
                    (C) Final disposition.--Upon disposition of the 
                implementation bill received from the Senate, it shall 
                no longer be in order to consider the implementation 
                bill that originated in the House.
    (b) Exercise of Rulemaking Power.--This section is promulgated--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives, and as such, it is deemed a part of the rules 
        of the House, except that this section supersedes other rules 
        of the House only to the extent that it is inconsistent with 
        such other rules; and
            (2) with full recognition of the constitutional right of 
        the House to change the rules at any time, in the same manner, 
        and to the same extent as in the case of any other rule of the 
        House.

SEC. 12. DURATION OF COMMISSION.

    Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. 
App.), relating to the termination of advisory committees, shall not 
apply to the Commission.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Commission to carry 
out its duties under this Act $1,000,000 for each fiscal year.

                                 <all>