1.This Act may be cited as the
Federal Program Sunset Commission
Act
.
2.Federal Program
Sunset Commission
(a)Establishment of
Commission
(1)There is established a commission to be
known as the Federal Program Sunset Commission (in this section referred to as
the Commission
).
(2)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)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)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)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)
(A)Former Members
of CongressEach member appointed to the Commission who is a
former Member of Congress shall serve for a term of 6 years.
(B)Each member of the Commission who is not a former Member
of Congress shall serve for a term of 3 years.
(C)(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)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)
(A)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)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)(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)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)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)
(A)The
Commission shall meet at the call of the Chairman.
(B)Eight
members of the Commission shall constitute a quorum but a lesser number may
hold hearings.
(C)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)
(A)Members
shall not be paid by reason of their service as members.
(B)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)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)The
Director may appoint and fix the pay of additional personnel as the Director
considers appropriate.
(E)Applicability of
certain civil service lawsThe 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 servicesThe 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 servicesUpon 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)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 CongressNot 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 abolishmentNot 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)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)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)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)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 recommendationsThe Commission shall monitor implementation
of laws enacting provisions that incorporate recommendations of the Commission
with respect to abolishment or reorganization of Federal programs.
(e)The Commission may promulgate such rules as necessary
to carry out this section.
(f)
(1)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)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)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)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)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 informationThe 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 branchThe 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)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)
(1)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 programNone 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 programAny unobligated amounts for the current
fiscal year for an abolished Federal program shall be returned to the General
Fund of the Treasury.