Federal Program Sunset Commission Act - Establishes the Federal Program Sunset Commission to evaluate the efficiency and public need for each federal program using specified criteria. Requires the Commission to: (1) submit to Congress and the President an annual report containing a list of federal programs that the Commission recommends to be abolished or reorganized and draft legislation to carry out the Commission's recommendations, and (2) monitor the implementation of laws relating to its recommendations for the abolishment or reorganization of such programs. Requires that all federal programs the Commission recommends for abolishment be abolished, unless reauthorized by Congress.
Requires the Comptroller General and the Director of the Congressional Budget Office (CBO), in consultation with the Director of the Congressional Research Service (CRS), to prepare an annual inventory of programs within each federal agency to advise and assist Congress and the Commission in carrying out this Act.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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