I 

109TH CONGRESS 

1ST SESSION H. R. 3277

To provide for the establishment of the Sunset Commission to review and 

maximize the performance of all Federal agencies and programs. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2005

Mr. BRADY of Texas (for himself, Mr. TOM DAVIS of Virginia, and Mr. PORTER) introduced the following bill; which was referred to the Committee 

on Government Reform, and in addition to the Committee on Rules, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide for the establishment of the Sunset Commission 

to review and maximize the performance of all Federal 

agencies and programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Agency Per5 formance Review and Sunset Act’’. 
2

•HR 3277 IH 

1 SEC. 2. SUNSET COMMISSION TO REVIEW AND MAXIMIZE 

2 THE PERFORMANCE OF ALL FEDERAL AGEN3 CIES AND PROGRAMS. 

4 (a) SCHEDULE FOR REVIEW OF AGENCIES AND PRO5 GRAMS.—The President may submit to Congress a sched6 ule for reviewing the performance of, and need for, execu7 tive branch agencies and programs at least once every 10 

8 years. In considering the schedule, Congress shall follow 

9 the expedited review procedures set forth in section 3. 

10 (b) SUNSET OF EXECUTIVE BRANCH AGENCIES AND

11 PROGRAMS.—Each executive branch agency and program 

12 shall—

13 (1) be reviewed by the Sunset Commission ac14 cording to the schedule enacted in a joint resolution 

15 described in section 3(a); and 

16 (2) except as provided in subsection (h), be 

17 abolished two years after the date that the President 

18 submits to Congress the report required pursuant to 

19 subsection (i) covering the agency or program, un20 less the agency or program is reauthorized by law 

21 after such submission or the two-year period is ex22 tended for an additional two years by law. 

23 (c) ESTABLISHMENT OF COMMISSION.—There is 

24 hereby established a commission to be known as the ‘‘Sun25 set Commission’’. 
3

•HR 3277 IH 

1 (d) MEMBERSHIP, POWERS, AND OTHER MAT2 TERS.—

3 (1) MEMBERSHIP.—

4 (A) IN GENERAL.—The Sunset Commis5 sion shall be comprised of seven members, who 

6 shall be appointed within 180 days after the 

7 date of enactment of this Act. 

8 (B) APPOINTMENTS.—The President shall 

9 appoint the seven members of the Sunset Com10 mission, as follows: 

11 (i) One in consultation with the ma12 jority leader of the Senate. 

13 (ii) One in consultation with the mi14 nority leader of the Senate. 

15 (ii) One in consultation with the 

16 Speaker of the House of Representatives. 

17 (iv) One in consultation with the mi18 nority leader of the House of Representa19 tives. 

20 (v) Three other members. 

21 (C) CHAIR AND VICE CHAIR.—The Presi22 dent shall designate one member of the Sunset 

23 Commission to serve as Chair and one member 

24 as Vice Chair. 
4

•HR 3277 IH 

1 (D) LENGTH OF SERVICE.—The members 

2 of the Sunset Commission shall serve at the 

3 pleasure of the President. Each member shall 

4 serve for a term not to exceed three years, un5 less reappointed by the President. 

6 (E) VACANCIES.—Any vacancy on the 

7 Commission shall be filled in the manner in 

8 which the original appointment was made. 

9 (2) POWERS RELATING TO OBTAINING INFOR10 MATION FROM FEDERAL AGENCIES.—

11 (A) IN GENERAL.—The Sunset Commis12 sion is authorized to secure directly from any 

13 executive department, bureau, agency, board, 

14 commission, office, independent establishment, 

15 or instrumentality of the United States Govern16 ment, information, suggestions, estimates, and 

17 statistics for purposes of carrying out its duties. 

18 Each department, bureau, agency, board, com19 mission, office, independent establishment, or 

20 instrumentality shall, to the extent authorized 

21 by law, furnish such information, suggestions, 

22 estimates, and statistics directly to the Commis23 sion, upon request made by the chair or any 

24 other member designated by a majority of the 

25 Commission. 
5

•HR 3277 IH 

1 (B) RECEIPT, HANDLING, STORAGE, AND

2 DISSEMINATION.—Information shall be received, 

3 handled, stored, and disseminated only by mem4 bers of the Commission and its staff consistent 

5 with all applicable statutes, regulations, and 

6 Executive orders. 

7 (3) PUBLIC HEARINGS AND MEETINGS.—

8 (A) PUBLIC HEARINGS.—The Sunset Com9 mission shall hold public hearings and meetings 

10 to the extent appropriate. Any such public ses11 sions shall be conducted in a manner consistent 

12 with the protection of information provided to 

13 or developed for or by the Commission as re14 quired by any applicable statute, regulation, or 

15 Executive Order. 

16 (B) NONAPPLICABILITY OF FEDERAL AD17 VISORY COMMITTEE ACT.—The Federal Advi18 sory Committee Act (5 U.S.C. App.) shall not 

19 apply to the Sunset Commission. 

20 (4) INTERNAL PROCEDURES.—

21 (A) MEETINGS.—The Sunset Commission 

22 shall meet periodically at the call of the Chair. 

23 Such meetings may include public sessions as 

24 described in paragraph (3)(A). 
6

•HR 3277 IH 

1 (B) QUORUM.—Four members of the Sun2 set Commission shall constitute a quorum but a 

3 lesser number may hold hearings. 

4 (5) PERSONNEL MATTERS.—

5 (A) TRAVEL EXPENSES.—The members of 

6 the Commission shall be allowed travel ex7 penses, including per diem in lieu of subsist8 ence, at rates authorized for employees of agen9 cies under subchapter I of chapter 57 of title 5, 

10 United States Code, while away from their 

11 homes or regular places of business in the per12 formance of services for the Commission. 

13 (B) DIRECTOR.—The Chair of the Com14 mission may, without regard to the civil service 

15 laws and regulations, appoint and terminate a 

16 Director for the Commission. The Director shall 

17 be paid at a rate not to exceed the Level II of 

18 the Executive Schedule. 

19 (C) STAFF.—The Director may appoint 

20 and fix the compensation of additional per21 sonnel without regard to chapter 51 and sub22 chapter III of chapter 53 of title 5, United 

23 States Code, relating to classification of posi24 tions and General Schedule pay rates, except 

25 that the rate of pay for the Director and other 
7

•HR 3277 IH 

1 personnel may not exceed Level II of the Exec2 utive Schedule. 

3 (D) APPLICABILITY OF CERTAIN CIVIL

4 SERVICE LAWS.—The Director and any staff of 

5 the Commission shall be employees under sec6 tion 2105 of title 5, United States Code, for 

7 purposes of chapters 63, 81, 83, 84, 85, 87, 89, 

8 and 90 of that title. 

9 (E) DETAIL OF GOVERNMENT EMPLOY10 EES.—Any Federal Government employee may 

11 be detailed to the Commission without reim12 bursement, and such detail shall be without 

13 interruption or loss of civil service status or 

14 privilege. 

15 (F) PROCUREMENT OF TEMPORARY AND

16 INTERMITTENT SERVICES.—The chair of the 

17 Commission may procure temporary and inter18 mittent services under section 3109(b) of title 

19 5, United States Code, at rates for individuals 

20 which do not exceed the daily equivalent of the 

21 annual rate of basic pay prescribed for Level II 

22 of the Executive Schedule under section 5316 

23 of such title. 

24 (6) OTHER ADMINISTRATIVE MATTERS.—
8

•HR 3277 IH 

1 (A) POSTAL AND PRINTING SERVICES.—

2 The Sunset Commission may use the United 

3 States mails and obtain printing and binding 

4 services in the same manner and under the 

5 same conditions as other departments and 

6 agencies of the United States. 

7 (B) ADMINISTRATIVE SUPPORT SERV8 ICES.—Upon the request of the Sunset Com9 mission, the Administrator of General Services 

10 shall provide to the Sunset Commission, on a 

11 reimbursable basis, the administrative support 

12 services necessary for the Sunset Commission to 

13 carry out its duties. 

14 (C) AUTHORIZATION OF APPROPRIA15 TIONS.—Such sums as may be necessary are 

16 authorized to be appropriated for the purposes 

17 of carrying out the duties the Commission. 

18 Such funds shall remain available until ex19 pended. 

20 (7) SUNSET OF COMMISSION.—The Sunset 

21 Commission shall terminate on December 31, 2026, 

22 unless reauthorized by law. 

23 (e) REVIEW OF EFFICIENCY AND NEED FOR EXECU24 TIVE BRANCH AGENCIES AND PROGRAMS.—
9

•HR 3277 IH 

1 (1) IN GENERAL.—The Sunset Commission 

2 shall review agencies and programs in accordance 

3 with the criteria described in subsection (f). The 

4 Sunset Commission shall consider recommendations 

5 made by the President to the Commission for im6 proving the performance of the agencies or programs 

7 being considered. 

8 (2) USE OF EVALUATIONS AND ASSESS9 MENTS.—In its deliberations, the Sunset Commis10 sion may consider any publicly available agency or 

11 program evaluations and assessments, including 

12 those that the Office of Management and Budget 

13 has undertaken in consultation with the affected 

14 agencies of the Federal Government. Such Office of 

15 Management and Budget assessments shall evaluate 

16 the purpose, design, strategic plan, management, 

17 and results of the program, and such other matters 

18 as the Director of the Office of Management and 

19 Budget considers appropriate, as well as make rec20 ommendations to improve the efficiency and effec21 tiveness of the assessed programs. 

22 (3) REPORT TO THE PRESIDENT.—The Sunset 

23 Commission shall submit to the President not later 

24 than August 1 of each year a report containing 
10

•HR 3277 IH 

1 (A) its assessment of each agency and pro2 gram reviewed during the preceding 12 months 

3 pursuant to the schedule for review (if any) ap4 proved by a joint resolution described in section 

5 3(a); and 

6 (B) its recommendations on how to im7 prove the results that each agency and program 

8 achieves and whether to abolish any agency or 

9 program. 

10 (4) LEGISLATION.—The Sunset Commission 

11 shall submit to the President with its report any leg12 islation needed to carry out its recommendations. 

13 (5) PROPOSALS TO ABOLISH AGENCIES OR PRO14 GRAMS.—Prior to recommending the abolition of any 

15 agency or program, the Sunset Commission should, 

16 as it considers appropriate: 

17 (A) conduct public hearings on the merits 

18 of retaining the agency or program; 

19 (B) provide an opportunity for public com20 ment on the option of abolishing the agency or 

21 program; 

22 (C) offer the affected agency an oppor23 tunity to comment and to provide information 

24 supporting its views; 
11

•HR 3277 IH 

1 (D) review the assessments described in 

2 paragraph (2) of this Act; and 

3 (E) consult with the Government Account4 ability Office, the relevant Inspectors General, 

5 and the relevant committees of Congress. 

6 (f) CRITERIA FOR REVIEW.—The Sunset Commission 

7 shall use the following criteria to evaluate each agency or 

8 program: 

9 (1) Whether the agency or program as carried 

10 out by the agency is cost-effective and achieves its 

11 stated purpose or goals. 

12 (2) The extent to which any trends, develop13 ments, or emerging conditions affect the need to 

14 change the mission of the agency or program or the 

15 way that the mission is being carried out by the 

16 agency. 

17 (3) The extent to which the agency or program 

18 duplicates or conflicts with other Federal agencies, 

19 State and local government, or the private sector. 

20 (4) The extent to which the agency coordinates 

21 effectively with State and local governments in per22 forming the functions of the program. 

23 (5) The extent to which changes in the author24 izing statutes of the agency or program would im25 prove the performance of the agency or program. 
12

•HR 3277 IH 

1 (6) The extent to which changes in the manage2 ment structure of the agency or program or its 

3 placement in the Executive Branch are needed to 

4 improve the overall efficiency, effectiveness, or ac5 countability of executive branch operations. 

6 (g) AGENCY AND PROGRAM INVENTORY–.—

7 (1) PREPARATION.—Within 6 months after the 

8 date of the enactment of this Act, the Director of 

9 the Congressional Research Service, with the assist10 ance of the Comptroller General, shall prepare an in11 ventory of all executive branch agencies and pro12 grams. Six months prior to the time that the Sunset 

13 Commission is scheduled to begin its review of an 

14 agency or program, the Director of the Congres15 sional Research Service, with the assistance of the 

16 Comptroller General, shall update the section of the 

17 inventory pertaining to that agency or program. 

18 (2) PURPOSE.—The purpose of the agency and 

19 program inventory is to advise and assist the Sunset 

20 Commission, the President, and Congress in car21 rying out the requirements of this Act. 

22 (3) INVENTORY CONTENT.—The agency and 

23 program inventory shall include for each agency and 

24 program a list of citations of all authorizing statutes 

25 of the agency or program. 
13

•HR 3277 IH 

1 (h) EXEMPTION.—

2 (1) REGULATIONS.—No regulations to protect 

3 the environment, health, safety, or civil rights shall 

4 be abolished under this Act. 

5 (2) ENFORCEMENT.—No program related to 

6 enforcing regulations referred to in paragraph (1) 

7 shall be abolished under this Act unless provision is 

8 made for the continued enforcement of those regula9 tions. 

10 (i) SUBMISSION OF COMMISSION REPORT TO CON11 GRESS BY PRESIDENT.—Not later than September 1 of 

12 each year, the President shall submit to Congress the re13 port submitted to the President by the Commission pursu14 ant to subsection (e)(3) and any legislation needed to ac15 complish the recommendations of the Sunset Commission. 

16 SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCE17 DURES. 

18 (a) DEFINITIONS.—

19 (1) RESOLUTION OF APPROVAL.—For the pur20 poses of this section, the term ‘‘resolution’’ means 

21 only a joint resolution—

22 (A) which does not have a preamble; 

23 (B) the title of which is as follows: ‘‘Joint 

24 resolution approving the schedule for reviewing 

25 the performance of, and need for, executive 
14

•HR 3277 IH 

1 branch agencies and programs under the Fed2 eral Agency Performance Review and Sunset 

3 Act’’; 

4 (C) the matter after the resolving clause of 

5 which is as follows: ‘‘That Congress approves 

6 the schedule for reviewing the performance of, 

7 and need for, executive branch agencies and 

8 programs on lllll under the Federal 

9 Agency Performance Review and Sunset Act:’’, 

10 the blank space being filled in with the appro11 priate date; and 

12 (D) the remaining text of which consists of 

13 the complete schedule for the reviews submitted 

14 under section 2(a). 

15 (2) LEGISLATIVE DAY.—For the purposes of 

16 this section, the term ‘‘legislative day’’ refers to any 

17 day on which either House of Congress is in session. 

18 (b) INTRODUCTION AND REFERENCE OF RESOLU19 TION.—

20 (1) Not later than the first day of session fol21 lowing the day on which a resolution is submitted to 

22 Congress under section (2)(a)(1), the resolution 

23 shall be introduced (by request)—

24 (A) in the House of Representatives by the 

25 chairman of the Committee on Government Re-
15

•HR 3277 IH 

1 form, or by a member or members of the House 

2 designated by such chairman; and 

3 (B) in the Senate by the chairman of the 

4 Committee on Homeland Security and Govern5 mental Affairs, or by a member of members of 

6 the Senate designated by such chairman. 

7 (2) The resolution shall be referred to the Com8 mittee on Government Reform of the House of Rep9 resentatives and the Committee on on Homeland Se10 curity and Governmental Affairs of the Senate (and 

11 all resolutions with respect to the same schedule for 

12 reviews shall be referred to the same committee) by 

13 the Speaker of the House or the President of the 

14 Senate, as the case may be. The committee shall 

15 makes its recommendations to the House of Rep16 resentatives or the Senate, respectively, within 75 

17 calendar days of continuous session of Congress fol18 lowing the date of such resolutions’s introduction. 

19 (c) EXPEDITED PROCEDURES RELATING TO DIS20 CHARGE OF COMMITTEE CONSIDERING RESOLUTION, 

21 PROCEDURE AFTER REPORT OR DISCHARGE OF COM22 MITTEE, DEBATE, AND VOTE ON FINAL PASSAGE.—Sec23 tions 911 and 912 of title 5, United States Code, shall 

24 apply to a resolution introduced pursuant to subsection 

25 (b)(1). In applying such sections—
16

•HR 3277 IH 

1 (1) the term ‘‘resolution’’ means a resolution as 

2 defined in subsection (a)(1) of this section; and 

3 (2) the term ‘‘reorganization plan’’ means a leg4 islative proposal containing a schedule for review 

5 submitted under section 2(a). 

6 (d) EFFECTIVE DATE, PUBLICATION, EFFECT ON

7 OTHER LAWS, PENDING LEGAL PROCEEDINGS, AND UN8 EXPENDED APPROPRIATIONS.—Sections 906 and 907 of 

9 title 5, United States Code, shall apply to a resolution in10 troduced pursuant to subsection (b)(1). In applying such 

11 sections—

12 (1) the term ‘‘resolution’’ means a resolution as 

13 defined in subsection (a)(1) of this section; and 

14 (2) the term ‘‘reorganization plan’’ means a leg15 islative proposal containing a schedule for review 

16 submitted under section 2(a).

Æ