Federal Sunset Act of 2009 - Establishes the Federal Agency Sunset Commission to: (1) submit to Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; (2) review and evaluate the efficiency and public need for each agency using specified criteria; (3) recommend whether each agency should be abolished or reorganized; and (4) report to Congress on all legislation introduced that would establish a new agency or a new program to be carried out by an existing agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is reauthorized by Congress. Authorizes the deadline for abolishing an agency to be extended for an additional two years by legislation enacted by a super majority of the House of Representatives and the Senate.
Terminates the Commission on December 31, 2033.
Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service (CRS), to prepare an inventory of federal programs within each agency for the purpose of advising and assisting Congress and the Commission in carrying out the requirements of this Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 393 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 393
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
January 9, 2009
Mr. Brady of Texas (for himself, Mr. Bachus, Mr. Bartlett, Mr. Barton
of Texas, Mrs. Biggert, Mr. Blunt, Mr. Burton of Indiana, Mr. Cole, Mr.
Conaway, Mr. Crenshaw, Mr. Edwards of Texas, Ms. Foxx, Mr. Garrett of
New Jersey, Mr. Gohmert, Mr. Hensarling, Mr. Herger, Mr. Hoekstra, Mr.
Sam Johnson of Texas, Mr. Kingston, Mr. Marchant, Mr. McHenry, Mrs.
Myrick, Mr. Neugebauer, Mr. Pence, Mr. Sensenbrenner, Mr. Sessions, Mr.
Terry, 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 2009''.
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Referred to the Subcommittee on Government Management, Organization, and Procurement.
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