[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3277 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3277

To provide for the establishment of the Sunset Commission to review and 
     maximize the performance of all Federal agencies and programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2005

  Mr. Brady of Texas (for himself, Mr. Tom Davis of Virginia, and Mr. 
   Porter) introduced the following bill; which was referred to the 
  Committee on Government Reform, 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 provide for the establishment of the Sunset Commission to review and 
     maximize the performance of all Federal agencies and programs.

    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 ``Federal Agency Performance Review 
and Sunset Act''.

SEC. 2. SUNSET COMMISSION TO REVIEW AND MAXIMIZE THE PERFORMANCE OF ALL 
              FEDERAL AGENCIES AND PROGRAMS.

    (a) Schedule for Review of Agencies and Programs.--The President 
may submit to Congress a schedule for reviewing the performance of, and 
need for, executive branch agencies and programs at least once every 10 
years. In considering the schedule, Congress shall follow the expedited 
review procedures set forth in section 3.
    (b) Sunset of Executive Branch Agencies and Programs.--Each 
executive branch agency and program shall--
            (1) be reviewed by the Sunset Commission according to the 
        schedule enacted in a joint resolution described in section 
        3(a); and
            (2) except as provided in subsection (h), be abolished two 
        years after the date that the President submits to Congress the 
        report required pursuant to subsection (i) covering the agency 
        or program, unless the agency or program is reauthorized by law 
        after such submission or the two-year period is extended for an 
        additional two years by law.
    (c) Establishment of Commission.--There is hereby established a 
commission to be known as the ``Sunset Commission''.
    (d) Membership, Powers, and Other Matters.--
            (1) Membership.--
                    (A) In general.--The Sunset Commission shall be 
                comprised of seven members, who shall be appointed 
                within 180 days after the date of enactment of this 
                Act.
                    (B) Appointments.--The President shall appoint the 
                seven members of the Sunset Commission, as follows:
                            (i) One in consultation with the majority 
                        leader of the Senate.
                            (ii) One in consultation with the minority 
                        leader of the Senate.
                            (ii) One in consultation with the Speaker 
                        of the House of Representatives.
                            (iv) One in consultation with the minority 
                        leader of the House of Representatives.
                            (v) Three other members.
                    (C) Chair and vice chair.--The President shall 
                designate one member of the Sunset Commission to serve 
                as Chair and one member as Vice Chair.
                    (D) Length of service.--The members of the Sunset 
                Commission shall serve at the pleasure of the 
                President. Each member shall serve for a term not to 
                exceed three years, unless reappointed by the 
                President.
                    (E) Vacancies.--Any vacancy on the Commission shall 
                be filled in the manner in which the original 
                appointment was made.
            (2) Powers relating to obtaining information from federal 
        agencies.--
                    (A) In general.--The Sunset Commission is 
                authorized to secure directly from any executive 
                department, bureau, agency, board, commission, office, 
                independent establishment, or instrumentality of the 
                United States Government, information, suggestions, 
                estimates, and statistics for purposes of carrying out 
                its duties. Each department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality shall, to the extent authorized by law, 
                furnish such information, suggestions, estimates, and 
                statistics directly to the Commission, upon request 
                made by the chair or any other member designated by a 
                majority of the Commission.
                    (B) Receipt, handling, storage, and 
                dissemination.--Information shall be received, handled, 
                stored, and disseminated only by members of the 
                Commission and its staff consistent with all applicable 
                statutes, regulations, and Executive orders.
            (3) Public hearings and meetings.--
                    (A) Public hearings.--The Sunset Commission shall 
                hold public hearings and meetings to the extent 
                appropriate. Any such public sessions shall be 
                conducted in a manner consistent with the protection of 
                information provided to or developed for or by the 
                Commission as required by any applicable statute, 
                regulation, or Executive Order.
                    (B) Nonapplicability of federal advisory committee 
                act.--The Federal Advisory Committee Act (5 U.S.C. 
                App.) shall not apply to the Sunset Commission.
            (4) Internal procedures.--
                    (A) Meetings.--The Sunset Commission shall meet 
                periodically at the call of the Chair. Such meetings 
                may include public sessions as described in paragraph 
                (3)(A).
                    (B) Quorum.--Four members of the Sunset Commission 
                shall constitute a quorum but a lesser number may hold 
                hearings.
            (5) Personnel matters.--
                    (A) Travel expenses.--The members of the Commission 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for employees 
                of agencies under subchapter I of chapter 57 of title 
                5, United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the Commission.
                    (B) Director.--The Chair of the Commission may, 
                without regard to the civil service laws and 
                regulations, appoint and terminate a Director for the 
                Commission. The Director shall be paid at a rate not to 
                exceed the Level II of the Executive Schedule.
                    (C) Staff.--The Director may appoint and fix the 
                compensation of additional personnel without regard to 
                chapter 51 and subchapter III of chapter 53 of title 5, 
                United States Code, relating to classification of 
                positions and General Schedule pay rates, except that 
                the rate of pay for the Director and other personnel 
                may not exceed Level II of the Executive Schedule.
                    (D) Applicability of certain civil service laws.--
                The Director and any staff of the Commission shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (E) Detail of government employees.--Any Federal 
                Government employee may be detailed to the Commission 
                without reimbursement, and such detail shall be without 
                interruption or loss of civil service status or 
                privilege.
                    (F) Procurement of temporary and intermittent 
                services.--The chair of the Commission may procure 
                temporary and intermittent services under section 
                3109(b) of title 5, United States Code, at rates for 
                individuals which do not exceed the daily equivalent of 
                the annual rate of basic pay prescribed for Level II of 
                the Executive Schedule under section 5316 of such 
                title.
            (6) Other administrative matters.--
                    (A) Postal and printing services.--The Sunset 
                Commission may use the United States mails and obtain 
                printing and binding services in the same manner and 
                under the same conditions as other departments and 
                agencies of the United States.
                    (B) Administrative support services.--Upon the 
                request of the Sunset Commission, the Administrator of 
                General Services shall provide to the Sunset 
                Commission, on a reimbursable basis, the administrative 
                support services necessary for the Sunset Commission to 
                carry out its duties.
                    (C) Authorization of appropriations.--Such sums as 
                may be necessary are authorized to be appropriated for 
                the purposes of carrying out the duties the Commission. 
                Such funds shall remain available until expended.
            (7) Sunset of commission.--The Sunset Commission shall 
        terminate on December 31, 2026, unless reauthorized by law.
    (e) Review of Efficiency and Need for Executive Branch Agencies and 
Programs.--
            (1) In general.--The Sunset Commission shall review 
        agencies and programs in accordance with the criteria described 
        in subsection (f). The Sunset Commission shall consider 
        recommendations made by the President to the Commission for 
        improving the performance of the agencies or programs being 
        considered.
            (2) Use of evaluations and assessments.--In its 
        deliberations, the Sunset Commission may consider any publicly 
        available agency or program evaluations and assessments, 
        including those that the Office of Management and Budget has 
        undertaken in consultation with the affected agencies of the 
        Federal Government. Such Office of Management and Budget 
        assessments shall evaluate the purpose, design, strategic plan, 
        management, and results of the program, and such other matters 
        as the Director of the Office of Management and Budget 
        considers appropriate, as well as make recommendations to 
        improve the efficiency and effectiveness of the assessed 
        programs.
            (3) Report to the president.--The Sunset Commission shall 
        submit to the President not later than August 1 of each year a 
        report containing
                    (A) its assessment of each agency and program 
                reviewed during the preceding 12 months pursuant to the 
                schedule for review (if any) approved by a joint 
                resolution described in section 3(a); and
                    (B) its recommendations on how to improve the 
                results that each agency and program achieves and 
                whether to abolish any agency or program.
            (4) Legislation.--The Sunset Commission shall submit to the 
        President with its report any legislation needed to carry out 
        its recommendations.
            (5) Proposals to abolish agencies or programs.--Prior to 
        recommending the abolition of any agency or program, the Sunset 
        Commission should, as it considers appropriate:
                    (A) conduct public hearings on the merits of 
                retaining the agency or program;
                    (B) provide an opportunity for public comment on 
                the option of abolishing the agency or program;
                    (C) offer the affected agency an opportunity to 
                comment and to provide information supporting its 
                views;
                    (D) review the assessments described in paragraph 
                (2) of this Act; and
                    (E) consult with the Government Accountability 
                Office, the relevant Inspectors General, and the 
                relevant committees of Congress.
    (f) Criteria for Review.--The Sunset Commission shall use the 
following criteria to evaluate each agency or program:
            (1) Whether the agency or program as carried out by the 
        agency is cost-effective and achieves its stated purpose or 
        goals.
            (2) The extent to which any trends, developments, or 
        emerging conditions affect the need to change the mission of 
        the agency or program or the way that the mission is being 
        carried out by the agency.
            (3) The extent to which the agency or program duplicates or 
        conflicts with other Federal agencies, State and local 
        government, or the private sector.
            (4) The extent to which the agency coordinates effectively 
        with State and local governments in performing the functions of 
        the program.
            (5) The extent to which changes in the authorizing statutes 
        of the agency or program would improve the performance of the 
        agency or program.
            (6) The extent to which changes in the management structure 
        of the agency or program or its placement in the Executive 
        Branch are needed to improve the overall efficiency, 
        effectiveness, or accountability of executive branch 
        operations.
    (g) Agency and Program Inventory-.--
            (1) Preparation.--Within 6 months after the date of the 
        enactment of this Act, the Director of the Congressional 
        Research Service, with the assistance of the Comptroller 
        General, shall prepare an inventory of all executive branch 
        agencies and programs. Six months prior to the time that the 
        Sunset Commission is scheduled to begin its review of an agency 
        or program, the Director of the Congressional Research Service, 
        with the assistance of the Comptroller General, shall update 
        the section of the inventory pertaining to that agency or 
        program.
            (2) Purpose.--The purpose of the agency and program 
        inventory is to advise and assist the Sunset Commission, the 
        President, and Congress in carrying out the requirements of 
        this Act.
            (3) Inventory content.--The agency and program inventory 
        shall include for each agency and program a list of citations 
        of all authorizing statutes of the agency or program.
    (h) Exemption.--
            (1) Regulations.--No regulations to protect the 
        environment, health, safety, or civil rights shall be abolished 
        under this Act.
            (2) Enforcement.--No program related to enforcing 
        regulations referred to in paragraph (1) shall be abolished 
        under this Act unless provision is made for the continued 
        enforcement of those regulations.
    (i) Submission of Commission Report to Congress by President.--Not 
later than September 1 of each year, the President shall submit to 
Congress the report submitted to the President by the Commission 
pursuant to subsection (e)(3) and any legislation needed to accomplish 
the recommendations of the Sunset Commission.

SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCEDURES.

    (a) Definitions.--
            (1) Resolution of approval.--For the purposes of this 
        section, the term ``resolution'' means only a joint 
        resolution--
                    (A) which does not have a preamble;
                    (B) the title of which is as follows: ``Joint 
                resolution approving the schedule for reviewing the 
                performance of, and need for, executive branch agencies 
                and programs under the Federal Agency Performance 
                Review and Sunset Act'';
                    (C) the matter after the resolving clause of which 
                is as follows: ``That Congress approves the schedule 
                for reviewing the performance of, and need for, 
                executive branch agencies and programs on _____ under 
                the Federal Agency Performance Review and Sunset 
                Act:'', the blank space being filled in with the 
                appropriate date; and
                    (D) the remaining text of which consists of the 
                complete schedule for the reviews submitted under 
                section 2(a).
            (2) Legislative day.--For the purposes of this section, the 
        term ``legislative day'' refers to any day on which either 
        House of Congress is in session.
    (b) Introduction and Reference of Resolution.--
            (1) Not later than the first day of session following the 
        day on which a resolution is submitted to Congress under 
        section (2)(a)(1), the resolution shall be introduced (by 
        request)--
                    (A) in the House of Representatives by the chairman 
                of the Committee on Government Reform, or by a member 
                or members of the House designated by such chairman; 
                and
                    (B) in the Senate by the chairman of the Committee 
                on Homeland Security and Governmental Affairs, or by a 
                member of members of the Senate designated by such 
                chairman.
            (2) The resolution shall be referred to the Committee on 
        Government Reform of the House of Representatives and the 
        Committee on on Homeland Security and Governmental Affairs of 
        the Senate (and all resolutions with respect to the same 
        schedule for reviews shall be referred to the same committee) 
        by the Speaker of the House or the President of the Senate, as 
        the case may be. The committee shall makes its recommendations 
        to the House of Representatives or the Senate, respectively, 
        within 75 calendar days of continuous session of Congress 
        following the date of such resolutions's introduction.
    (c) Expedited Procedures Relating to Discharge of Committee 
Considering Resolution, Procedure After Report or Discharge of 
Committee, Debate, and Vote on Final Passage.--Sections 911 and 912 of 
title 5, United States Code, shall apply to a resolution introduced 
pursuant to subsection (b)(1). In applying such sections--
            (1) the term ``resolution'' means a resolution as defined 
        in subsection (a)(1) of this section; and
            (2) the term ``reorganization plan'' means a legislative 
        proposal containing a schedule for review submitted under 
        section 2(a).
    (d) Effective Date, Publication, Effect on Other Laws, Pending 
Legal Proceedings, and Unexpended Appropriations.--Sections 906 and 907 
of title 5, United States Code, shall apply to a resolution introduced 
pursuant to subsection (b)(1). In applying such sections--
            (1) the term ``resolution'' means a resolution as defined 
        in subsection (a)(1) of this section; and
            (2) the term ``reorganization plan'' means a legislative 
        proposal containing a schedule for review submitted under 
        section 2(a).
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