[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5794 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5794

 To provide for the periodic review of the efficiency and public need 
  for Federal agencies, to establish a Commission for the purpose of 
   reviewing the efficiency and public need of such agencies, and to 
 provide for the abolishment of agencies for which a public need does 
                               not exist.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2008

 Mr. Brady of Texas (for himself, Mr. Akin, Mr. Bachus, Mr. Barrett of 
South Carolina, Mr. Bartlett of Maryland, Mr. Bilbray, Mrs. Blackburn, 
Mr. Blunt, Mr. Broun of Georgia, Ms. Ginny Brown-Waite of Florida, Mr. 
Burton of Indiana, Mr. Campbell of California, Mr. Carter, Mr. Chabot, 
    Mr. Cole of Oklahoma, Mr. Conaway, Mr. Edwards, Mr. English of 
   Pennsylvania, Mr. Feeney, Mr. Flake, Ms. Foxx, Mr. Garrett of New 
Jersey, Mr. Gohmert, Mr. Goode, Mr. Hall of Texas, Mr. Hensarling, Mr. 
Herger, Mr. Hoekstra, Mr. Inglis of South Carolina, Mr. Sam Johnson of 
Texas, Mr. Jones of North Carolina, Mr. King of Iowa, Mr. Kingston, Mr. 
Lamborn, Mr. McCaul of Texas, Mr. McCotter, Mr. McKeon, Mr. Mack, Mrs. 
Bono Mack, Mr. Marchant, Mrs. Myrick, Mr. Miller of Florida, Mr. Moran 
of Kansas, Mr. Neugebauer, Mr. Paul, Mr. Pence, Mr. Pitts, Mr. Price of 
 Georgia, Mr. Ryan of Wisconsin, Mr. Sensenbrenner, Mr. Sessions, Mr. 
    Shimkus, Mr. Stearns, Mr. Terry, Mr. Thornberry, Mr. Weller of 
 Illinois, and Mr. Westmoreland) introduced the following bill; which 
    was referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
 To provide for the periodic review of the efficiency and public need 
  for Federal agencies, to establish a Commission for the purpose of 
   reviewing the efficiency and public need of such agencies, and to 
 provide for the abolishment of agencies for which a public need does 
                               not exist.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Sunset Act 
of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Review and abolishment of Federal agencies.
Sec. 3. Establishment of Commission.
Sec. 4. Review of efficiency and need for Federal agencies.
Sec. 5. Criteria for review.
Sec. 6. Commission oversight.
Sec. 7. Rulemaking authority.
Sec. 8. Relocation of Federal employees.
Sec. 9. Program inventory.
Sec. 10. Definition of agency.
Sec. 11. Offset of amounts appropriated.

SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGENCIES.

    (a) Schedule for Review.--Not later than one year after the date of 
the enactment of this Act, the Federal Agency Sunset Commission 
established under section 3 (in this Act referred to as the 
``Commission'') shall submit to Congress a schedule for review by the 
Commission, at least once every 12 years (or less, if determined 
appropriate by Congress), of the abolishment or reorganization of each 
agency.
    (b) Review of Agencies Performing Related Functions.--In 
determining the schedule for review of agencies under subsection (a), 
the Commission shall provide that agencies that perform similar or 
related functions be reviewed concurrently to promote efficiency and 
consolidation.
    (c) Abolishment of Agencies.--
            (1) In general.--Each agency shall--
                    (A) be reviewed according to the schedule created 
                pursuant to this section; and
                    (B) be abolished not later than one year after the 
                date that the Commission completes its review of the 
                agency pursuant to such schedule, unless the agency is 
                reauthorized by the Congress.
            (2) Extension.--The deadline for abolishing an agency may 
        be extended for an additional two years after the date 
        described in paragraph (1)(B) if the Congress enacts 
        legislation extending such deadline by a vote of a super 
        majority of the House of Representatives and the Senate.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Federal Agency Sunset Commission''.
    (b) Composition.--The Commission shall be composed of 12 members 
(in this Act referred to as the ``members'') who shall be appointed as 
follows:
            (1) Six members shall be appointed by the Speaker of the 
        House of Representatives, one of whom may include the Speaker 
        of the House of Representatives, with minority members 
        appointed with the consent of the minority leader of the House 
        of Representatives.
            (2) Six members shall be appointed by the majority leader 
        of the Senate, one of whom may include the majority leader of 
        the Senate, with minority members appointed with the consent of 
        the minority leader of the Senate.
    (c) Qualifications of Members.--
            (1) In general.--(A) Of the members appointed under 
        subsection (b)(1), four shall be members of the House of 
        Representatives (not more than two of whom may be of the same 
        political party), and two shall be an individual described in 
        subparagraph (C).
            (B) Of the members appointed under subsection (b)(2), four 
        shall be members of the Senate (not more than two of whom may 
        be of the same political party) and two shall be an individual 
        described in subparagraph (C).
            (C) An individual under this subparagraph is an 
        individual--
                    (i) who is not a member of Congress; and
                    (ii) with expertise in the operation and 
                administration of Government programs.
            (2) Continuation of membership.--If a member was appointed 
        to the Commission as a Member of Congress and the member ceases 
        to be a Member of Congress, that member shall cease to be a 
        member of the Commission. The validity of any action of the 
        Commission shall not be affected as a result of a member 
        becoming ineligible to serve as a member for the reasons 
        described in this paragraph.
    (d) Initial Appointments.--All initial appointments to the 
Commission shall be made not later than 90 days after the date of the 
enactment of this Act.
    (e) Chairman; Vice Chairman.--
            (1) Initial chairman.--An individual shall be designated by 
        the Speaker of the House of Representatives from among the 
        members initially appointed under subsection (b)(1) to serve as 
        chairman of the Commission for a period of 2 years.
            (2) Initial vice-chairman.--An individual shall be 
        designated by the majority leader of the Senate from among the 
        individuals initially appointed under subsection (b)(2) to 
        serve as vice-chairman of the Commission for a period of two 
        years.
            (3) Alternate appointments of chairmen and vice-chairmen.--
        Following the termination of the two-year period described in 
        paragraphs (1) and (2), the Speaker and the majority leader 
        shall alternate every two years in appointing the chairman and 
        vice-chairman of the Commission.
    (f) Terms of Members.--
            (1) Members of congress.--Each member appointed to the 
        Commission who is a member of Congress shall serve for a term 
        of six years, except that, of the members first appointed under 
        paragraphs (1) and (2) of subsection (b), 2 members shall be 
        appointed to serve a term of three years under each such 
        paragraph.
            (2) Other members.--Each member of the Commission who is 
        not a member of Congress shall serve for a term of three years.
            (3) Term limit.--(A) A member of the Commission who is a 
        member of Congress and who serves more than three years of a 
        term may not be appointed to another term as a member.
            (B) A member of the Commission who is not a member of 
        Congress and who serves as a member of the Commission for more 
        than 56 months may not be appointed to another term as a 
        member.
    (g) Powers of Commission.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this Act, hold such hearings, sit and 
        act at such times and places, take such testimony, and receive 
        such evidence as the Commission considers appropriate. The 
        Commission may administer oaths to witnesses appearing before 
        it.
            (2) Obtaining information.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out its duties 
        under this Act. Upon request of the Chairman, the head of that 
        department or agency shall furnish that information to the 
        Commission in a full and timely manner.
            (3) Subpoena power.--(A) The Commission may issue a 
        subpoena to require the attendance and testimony of witnesses 
        and the production of evidence relating to any matter under 
        investigation by the Commission.
            (B) If a person refuses to obey an order or subpoena of the 
        Commission that is issued in connection with a Commission 
        proceeding, the Commission may apply to the United States 
        district court in the judicial district in which the proceeding 
        is held for an order requiring the person to comply with the 
        subpoena or order.
            (4) Immunity.--The Commission is an agency of the United 
        States for purposes of part V of title 18, United States Code 
        (relating to immunity of witnesses).
            (5) Contract authority.--The Commission may contract with 
        and compensate government and private agencies or persons for 
        services without regard to section 3709 of the Revised Statutes 
        (41 U.S.C. 5).
    (h) Commission Procedures.--
            (1) Meetings.--The Commission shall meet at the call of the 
        Chairman.
            (2) Quorum.--Seven members of the Commission shall 
        constitute a quorum but a lesser number may hold hearings.
    (i) Personnel Matters.--
            (1) Compensation.--Members shall not be paid by reason of 
        their service as members.
            (2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
            (3) Director.--The Commission shall have a Director who 
        shall be appointed by the Chairman. The Director shall be paid 
        at a rate not to exceed the maximum rate of basic pay payable 
        for GS-15 of the General Schedule.
            (4) Staff.--The Director may appoint and fix the pay of 
        additional personnel as the Director considers appropriate.
            (5) Applicability of certain civil service laws.--The 
        Director and staff of the Commission shall be appointed subject 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and shall be paid in 
        accordance with the provisions of chapter 51 and subchapter III 
        of chapter 53 of that title relating to classification and 
        General Schedule pay rates.
    (j) Other Administrative Matters.--
            (1) Postal and printing services.--The 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.
            (2) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its duties under this Act.
            (3) Experts and consultants.--The Commission may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
    (k) Sunset of Commission.--The Commission shall terminate on 
December 31, 2033, unless reauthorized by Congress.

SEC. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL AGENCIES.

    (a) In General.--The Commission shall review the efficiency and 
public need for each agency in accordance with the criteria described 
in section 5.
    (b) Recommendations; Report to Congress.--The Commission shall 
submit to Congress and the President not later than September 1 of each 
year a report containing--
            (1) an analysis of the efficiency of operation and public 
        need for each agency to be reviewed in the year in which the 
        report is submitted pursuant to the schedule submitted to 
        Congress under section 2;
            (2) recommendations on whether each such agency should be 
        abolished or reorganized;
            (3) recommendations on whether the functions of any other 
        agencies should be consolidated, transferred, or reorganized in 
        an agency to be reviewed in the year in which the report is 
        submitted pursuant to the schedule submitted to Congress under 
        section 2; and
            (4) recommendations for administrative and legislative 
        action with respect to each such agency, but not including 
        recommendations for appropriation levels.
    (c) Draft Legislation.--The Commission shall submit to Congress and 
the President not later than September 1 of each year a draft of 
legislation to carry out the recommendations of the Commission under 
subsection (b).
    (d) Information Gathering.--The Commission shall--
            (1) conduct public hearings on the abolishment of each 
        agency reviewed under subsection (b);
            (2) provide an opportunity for public comment on the 
        abolishment of each such agency;
            (3) require the agency to provide information to the 
        Commission as appropriate; and
            (4) consult with the General Accounting Office, the Office 
        of Management and Budget, the Comptroller General, and the 
        chairman and ranking minority members of the committees of 
        Congress with oversight responsibility for the agency being 
        reviewed regarding the operation of the agency.
    (e) Use of Program Inventory.--The Commission shall use the program 
inventory prepared under section 9 in reviewing the efficiency and 
public need for each agency under subsection (a).

SEC. 5. CRITERIA FOR REVIEW.

    The Commission shall evaluate the efficiency and public need for 
each agency pursuant to section 4 using the following criteria:
            (1) The effectiveness, and the efficiency of the operation 
        of, the programs carried out by each such agency.
            (2) Whether the programs carried out by the agency are 
        cost-effective.
            (3) Whether the agency has acted outside the scope of its 
        original authority, and whether the original objectives of the 
        agency have been achieved.
            (4) Whether less restrictive or alternative methods exist 
        to carry out the functions of the agency.
            (5) The extent to which the jurisdiction of, and the 
        programs administered by, the agency duplicate or conflict with 
        the jurisdiction and programs of other agencies.
            (6) The potential benefits of consolidating programs 
        administered by the agency with similar or duplicative programs 
        of other agencies, and the potential for consolidating such 
        programs.
            (7) The number and types of beneficiaries or persons served 
        by programs carried out by the agency.
            (8) The extent to which any trends, developments, and 
        emerging conditions that are likely to affect the future nature 
        and extent of the problems or needs that the programs carried 
        out by the agency are intended to address.
            (9) The extent to which the agency has complied with the 
        provisions contained in the Government Performance and Results 
        Act of 1993 (Public Law 103-62; 107 Stat. 285).
            (10) The promptness and effectiveness with which the agency 
        seeks public input and input from State and local governments 
        on the efficiency and effectiveness of the performance of the 
        functions of the agency.
            (11) Whether the agency has worked to enact changes in the 
        law that are intended to benefit the public as a whole rather 
        than the specific business, institution, or individuals that 
        the agency regulates.
            (12) The extent to which the agency has encouraged 
        participation by the public as a whole in making its rules and 
        decisions rather than encouraging participation solely by those 
        it regulates.
            (13) The extent to which the public participation in 
        rulemaking and decisionmaking of the agency has resulted in 
        rules and decisions compatible with the objectives of the 
        agency.
            (14) The extent to which the agency complies with section 
        552 of title 5, United States Code (commonly known as the 
        ``Freedom of Information Act'').
            (15) The extent to which the agency complies with equal 
        employment opportunity requirements regarding equal employment 
        opportunity.
            (16) The extent of the regulatory, privacy, and paperwork 
        impacts of the programs carried out by the agency.
            (17) The extent to which the agency has coordinated with 
        State and local governments in performing the functions of the 
        agency.
            (18) The potential effects of abolishing the agency on 
        State and local governments.
            (19) The extent to which changes are necessary in the 
        authorizing statutes of the agency in order that the functions 
        of the agency can be performed in the most efficient and 
        effective manner.

SEC. 6. COMMISSION OVERSIGHT.

    (a) Monitoring of Implementation of Recommendations.--The 
Commission shall monitor implementation of laws enacting provisions 
that incorporate recommendations of the Commission with respect to 
abolishment or reorganization of agencies.
    (b) Monitoring of Other Relevant Legislation.--
            (1) In general.--The Commission shall review and report to 
        Congress on all legislation introduced in either house of 
        Congress that would establish--
                    (A) a new agency; or
                    (B) a new program to be carried out by an existing 
                agency.
            (2) Report to congress.--The Commission shall include in 
        each report submitted to Congress under paragraph (1) an 
        analysis of whether--
                    (A) the functions of the proposed agency or program 
                could be carried out by one or more existing agencies;
                    (B) the functions of the proposed agency or program 
                could be carried out in a less restrictive manner than 
                the manner proposed in the legislation; and
                    (C) the legislation provides for public input 
                regarding the performance of functions by the proposed 
                agency or program.

SEC. 7. RULEMAKING AUTHORITY.

    The Commission may promulgate such rules as necessary to carry out 
this Act.

SEC. 8. RELOCATION OF FEDERAL EMPLOYEES.

    If the position of an employee of an agency is eliminated as a 
result of the abolishment of an agency in accordance with this Act, 
there shall be a reasonable effort to relocate such employee to a 
position within another agency.

SEC. 9. PROGRAM INVENTORY.

    (a) Preparation.--The Comptroller General and the Director of the 
Congressional Budget Office, in cooperation with the Director of the 
Congressional Research Service, shall prepare an inventory of Federal 
programs (in this Act referred to as the ``program inventory'') within 
each agency.
    (b) Purpose.--The purpose of the program inventory is to advise and 
assist the Congress and the Commission in carrying out the requirements 
of this Act. Such inventory shall not in any way bind the committees of 
the Senate or the House of Representatives with respect to their 
responsibilities under this Act and shall not infringe on the 
legislative and oversight responsibilities of such committees. The 
Comptroller General shall compile and maintain the inventory and the 
Director of the Congressional Budget Office shall provide budgetary 
information for inclusion in the inventory.
    (c) Inventory Content.--The program inventory shall set forth for 
each program each of the following matters:
            (1) The specific provision or provisions of law authorizing 
        the program.
            (2) The committees of the Senate and the House of 
        Representatives which have legislative or oversight 
        jurisdiction over the program.
            (3) A brief statement of the purpose or purposes to be 
        achieved by the program.
            (4) The committees which have jurisdiction over legislation 
        providing new budget authority for the program, including the 
        appropriate subcommittees of the Committees on Appropriations 
        of the Senate and the House of Representatives.
            (5) The agency and, if applicable, the subdivision thereof 
        responsible for administering the program.
            (6) The grants-in-aid, if any, provided by such program to 
        State and local governments.
            (7) The next reauthorization date for the program.
            (8) A unique identification number which links the program 
        and functional category structure.
            (9) The year in which the program was originally 
        established and, where applicable, the year in which the 
        program expires.
            (10) Where applicable, the year in which new budget 
        authority for the program was last authorized and the year in 
        which current authorizations of new budget authority expire.
    (d) Budget Authority.--The report also shall set forth for each 
program whether the new budget authority provided for such programs 
is--
            (1) authorized for a definite period of time;
            (2) authorized in a specific dollar amount but without 
        limit of time;
            (3) authorized without limit of time or dollar amounts;
            (4) not specifically authorized; or
            (5) permanently provided,
as determined by the Director of the Congressional Budget Office.
    (e) CBO Information.--For each program or group of programs, the 
program inventory also shall include information prepared by the 
Director of the Congressional Budget Office indicating each of the 
following matters:
            (1) The amounts of new budget authority authorized and 
        provided for the program for each of the preceding four fiscal 
        years and, where applicable, the four succeeding fiscal years.
            (2) The functional and subfunctional category in which the 
        program is presently classified and was classified under the 
        fiscal year 2009 budget.
            (3) The identification code and title of the appropriation 
        account in which budget authority is provided for the program.
    (f) Mutual Exchange of Information.--The General Accounting Office, 
the Congressional Research Service, and the Congressional Budget Office 
shall permit the mutual exchange of available information in their 
possession which would aid in the compilation of the program inventory.
    (g) Assistance by Executive Branch.--The Office of Management and 
Budget, and the Executive agencies and the subdivisions thereof shall, 
to the extent necessary and possible, provide the General Accounting 
Office with assistance requested by the Comptroller General in the 
compilation of the program inventory.

SEC. 10. DEFINITION OF AGENCY.

    As used in this Act, the term ``agency'' has the meaning given that 
term by section 105 of title 5, United States Code, except that such 
term includes an advisory committee as that term is defined in section 
102(2) of the Federal Advisory Committee Act.

SEC. 11. OFFSET OF AMOUNTS APPROPRIATED.

    Amounts appropriated to carry out this Act shall be offset by a 
reduction in amounts appropriated to carry out programs of other 
Federal agencies.
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