[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 606 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 606

  To establish a Commission to provide for the abolishment of Federal 
programs for which a public need does not exist, to periodically review 
  the efficiency and public need for Federal programs, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2011

  Mr. Schock (for himself, Mr. Cooper, Mr. Walsh of Illinois, and Mr. 
   Quigley) introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
  To establish a Commission to provide for the abolishment of Federal 
programs for which a public need does not exist, to periodically review 
  the efficiency and public need for Federal programs, and for other 
                               purposes.

    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 Program Sunset Commission 
Act''.

SEC. 2. FEDERAL PROGRAM SUNSET COMMISSION.

    (a) Establishment of Commission.--
            (1) Establishment.--There is established a commission to be 
        known as the Federal Program Sunset Commission (in this section 
        referred to as the ``Commission'').
            (2) Composition.--The Commission shall be composed of 10 
        members (in this section referred to as the ``members'') 
        appointed by the President, by and with the advice and consent 
        of the Senate, as follows:
                    (A) 5 members shall be former Members of Congress 
                (not more than 3 of whom may be of the same political 
                party).
                    (B) 5 members (not more than 3 of whom may be of 
                the same political party) shall be an individual--
                            (i) who is not a former Member of Congress; 
                        and
                            (ii) with expertise in the operation and 
                        administration of Federal programs, such as a 
                        former Comptroller General, a former Director 
                        of the Office of Management and Budget, a 
                        former State governor, a former agency 
                        secretary or undersecretary, or a former head 
                        of a business.
            (3) List of nominees.--Not later than 30 days after the 
        date of the enactment of this Act or the date on which there is 
        a vacancy in the Commission, the Speaker of the House of 
        Representatives and the majority leader of the Senate, in 
        consultation with the minority leader of the House of 
        Representatives and the minority leader of the Senate, shall 
        submit to the President a list of recommended nominees for 
        appointment under paragraph (2).
            (4) Appointments.--All appointments to the Commission shall 
        be made not later than 30 days after the date on which the list 
        of nominees under paragraph (3) is received by the President.
            (5) Chairman; vice chairman.--The Chairman and Vice 
        Chairman of the Commission shall be designated by the President 
        at the time of appointment from among the members appointed 
        under paragraph (2). The term of office of the Chairman and 
        Vice Chairman shall be 2 years.
            (6) Terms of members.--
                    (A) Former members of congress.--Each member 
                appointed to the Commission who is a former Member of 
                Congress shall serve for a term of 6 years.
                    (B) Other members.--Each member of the Commission 
                who is not a former Member of Congress shall serve for 
                a term of 3 years.
                    (C) Term limit.--(i) A member of the Commission who 
                is a former Member of Congress and who serves more than 
                3 years of a term may not be appointed to another term 
                as a member.
                    (ii) A member of the Commission who is not a former 
                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.
            (7) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term. A member may serve after the 
        expiration of that member's term until a successor has taken 
        office. A vacancy in the Commission shall be filled in the 
        manner in which the original appointment was made.
            (8) Powers of commission.--
                    (A) Hearings and sessions.--The Commission may, for 
                the purpose of carrying out this section, 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.
                    (B) Obtaining information.--The Commission may 
                secure directly from any agency of the United States 
                information necessary to enable it to carry out its 
                duties under this section. Upon request of any member, 
                the head of that agency shall furnish that information 
                to the Commission in a full and timely manner.
                    (C) Subpoena power.--(i) 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.
                    (ii) 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.
                    (D) 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).
                    (E) 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).
            (9) Commission procedures.--
                    (A) Meetings.--The Commission shall meet at the 
                call of the Chairman.
                    (B) Quorum.--Eight members of the Commission shall 
                constitute a quorum but a lesser number may hold 
                hearings.
                    (C) Decisions.--Decisions of the Commission shall 
                be made according to the vote of not less than a 
                majority of the members who are present and voting at a 
                meeting called pursuant to subparagraph (A).
            (10) Personnel matters.--
                    (A) Compensation.--Members shall not be paid by 
                reason of their service as members.
                    (B) 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.
                    (C) 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.
                    (D) Staff.--The Director may appoint and fix the 
                pay of additional personnel as the Director considers 
                appropriate.
                    (E) 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.
            (11) Other administrative matters.--
                    (A) 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 agencies of the United States.
                    (B) 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 section.
                    (C) Experts and consultants.--The Commission may 
                procure temporary and intermittent services under 
                section 3109(b) of title 5, United States Code.
    (b) Review and Abolishment of Federal Programs.--
            (1) Recommendations; report to congress.--Not later than 6 
        months after the date of the enactment of this Act or September 
        1, whichever comes later, and September 1 of each year 
        thereafter, the Federal Program Sunset Commission established 
        under subsection (a) shall submit to Congress and the President 
        a report containing--
                    (A) a list of the Federal programs, if any, the 
                Commission recommends to be abolished; and
                    (B) a review of the efficiency of operation and 
                public need for each Federal program in accordance with 
                the criteria described in subsection (c) that shall be 
                referred to the appropriate committees of the Congress, 
                including recommendations--
                            (i) on whether the functions of a Federal 
                        program should be consolidated, transferred, or 
                        reorganized in another Federal program; and
                            (ii) for administrative and legislative 
                        action with respect to each Federal program.
            (2) Abolishment of federal programs and deadline for 
        abolishment.--Not later than 6 months after the date on which 
        the Commission submits a report pursuant to paragraph (1), all 
        Federal programs on the list the Commission recommends to be 
        abolished shall be abolished, unless the Federal program is 
        reauthorized by the Congress after the submission of such 
        report.
            (3) 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 clauses (i) and (ii) of paragraph (1)(B).
            (4) Information gathering.--The Commission shall--
                    (A) conduct public hearings on the abolishment of 
                each Federal program reviewed under paragraph (1);
                    (B) provide an opportunity for public comment on 
                the abolishment of each such Federal program;
                    (C) require the agency that administers the Federal 
                program to provide information to the Commission, as 
                appropriate; and
                    (D) consult with the Comptroller General, the 
                Office of Management and Budget, and the chairman and 
                ranking minority members of the committees of Congress 
                with oversight responsibility for the Federal program 
                being reviewed regarding the operation of the Federal 
                program.
            (5) Use of program inventory.--The Commission shall use the 
        program inventory prepared under subsection (f) in reviewing 
        the efficiency and public need for each Federal program under 
        paragraph (1).
    (c) Criteria for Review.--The Commission shall evaluate the 
efficiency and public need for each Federal program pursuant to 
subsection (b) using the following criteria:
            (1) The effectiveness and the efficiency of the operation 
        of the Federal program.
            (2) Whether the Federal program is cost-effective.
            (3) Whether less restrictive or alternative methods exist 
        to carry out the functions of the Federal program.
            (4) The extent to which the Federal program duplicates 
        another Federal program.
            (5) The potential benefits of consolidating the Federal 
        program with similar or duplicative programs of other agencies, 
        and the potential for consolidating such programs.
            (6) The number and types of beneficiaries or persons served 
        by the Federal program.
            (7) The extent to which any trends, developments, and 
        emerging conditions are likely to affect the future nature and 
        extent of the problems or needs that the Federal program is 
        intended to address.
            (8) The extent to which the agency that administers the 
        Federal program has complied with--
                    (A) sections 1115, 1116, 1117, 1120, 1121, 1122, 
                1123, 1124, 1125, and the first section 9703 of title 
                31, United States Code;
                    (B) section 306 of title 5, United States Code; and
                    (C) this Act.
            (9) The promptness and effectiveness with which the Federal 
        program seeks public input and input from State and local 
        governments on the efficiency and effectiveness of the Federal 
        program.
            (10) Whether the Federal program has worked to enact 
        changes in the law that are intended to benefit the public as a 
        whole.
            (11) The extent to which the Federal program has encouraged 
        participation by the public as a whole.
            (12) The extent to which the Federal program complies with 
        equal employment opportunity requirements.
            (13) The extent of the regulatory, privacy, and paperwork 
        impacts of the Federal program.
            (14) The extent to which the Federal program has 
        coordinated with State and local governments.
            (15) The potential effects of abolishing the Federal 
        program on State and local governments.
            (16) The extent to which changes are necessary in the 
        authorizing statutes of the Federal program in order that the 
        functions of the Federal program can be performed in the most 
        efficient and effective manner.
            (17) The extent to which an agency has demonstrated using 
        objective and measurable criteria that the program has 
        contributed to meeting the goals identified pursuant to section 
        1120(a) of title 31, United States Code.
            (18) The extent to which the Federal program has helped or 
        hindered job creation and the contribution of such program to 
        economic growth.
    (d) Commission Oversight 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 Federal programs.
    (e) Rulemaking Authority.--The Commission may promulgate such rules 
as necessary to carry out this section.
    (f) Program Inventory.--
            (1) Preparation.--Not later than 6 months after the date of 
        the enactment of this Act or September 1, whichever comes 
        later, and September 1 of each year thereafter, the Comptroller 
        General and the Director of the Congressional Budget Office, in 
        consultation with the Director of the Congressional Research 
        Service, shall prepare an inventory of Federal programs (in 
        this section referred to as the ``program inventory'') within 
        each agency.
            (2) Purpose.--The purpose of the program inventory is to 
        advise and assist the Congress and the Commission in carrying 
        out the requirements of this section. 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 section 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.
            (3) Inventory content.--The program inventory shall set 
        forth for each program each of the following matters:
                    (A) The specific provision or provisions of law 
                authorizing the program.
                    (B) The committees of the Senate and the House of 
                Representatives which have legislative or oversight 
                jurisdiction over the program.
                    (C) A brief statement of the purpose or purposes to 
                be achieved by the program.
                    (D) 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.
                    (E) The agency and, if applicable, the subdivision 
                thereof responsible for administering the program.
                    (F) The grants-in-aid, if any, provided by such 
                program to State and local governments.
                    (G) The next reauthorization date for the program.
                    (H) A unique identification number which links the 
                program and functional category structure.
                    (I) The year in which the program was originally 
                established and, where applicable, the year in which 
                the program expires.
                    (J) 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.
            (4) Budget authority.--The report also shall set forth for 
        each program whether the new budget authority provided for such 
        program is--
                    (A) authorized for a definite period of time;
                    (B) authorized in a specific dollar amount but 
                without limit of time;
                    (C) authorized without limit of time or dollar 
                amounts;
                    (D) not specifically authorized; or
                    (E) permanently provided,
        as determined by the Director of the Congressional Budget 
        Office.
            (5) 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:
                    (A) The amounts of new budget authority authorized 
                and provided for the program for each of the preceding 
                4 fiscal years and, where applicable, the 4 succeeding 
                fiscal years.
                    (B) The functional and subfunctional category in 
                which the program is presently classified under the 
                budget.
                    (C) The identification code and title of the 
                appropriation account in which budget authority is 
                provided for the program.
            (6) Mutual exchange of information.--The Government 
        Accountability 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.
            (7) Assistance by executive branch.--The Office of 
        Management and Budget, and the agencies and the subdivisions 
        thereof, shall, to the extent necessary and possible, provide 
        the Government Accountability Office with assistance requested 
        by the Comptroller General in the compilation of the program 
        inventory.
    (g) Definition of Agency.--As used in this section, the term 
``agency'' has the meaning given the term ``Executive agency'' by 
section 105 of title 5, United States Code, except that such term 
includes an advisory committee as that term is defined in section 3(2) 
of the Federal Advisory Committee Act (5 U.S.C. App.).
    (h) Amounts Appropriated.--
            (1) Offset.--Amounts appropriated to carry out this section 
        shall be offset by a reduction in amounts appropriated to carry 
        out Federal programs abolished pursuant to subsection (b)(2) of 
        this Act.
            (2) Abolished federal program.--None of the funds 
        appropriated or otherwise made available to an agency in any 
        fiscal year may be used to fund a Federal program that has been 
        abolished pursuant to this section. A Federal program abolished 
        pursuant to this section may not be funded without an express 
        reauthorization.
            (3) Remaining funding for an abolished federal program.--
        Any unobligated amounts for the current fiscal year for an 
        abolished Federal program shall be returned to the General Fund 
        of the Treasury.
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