I 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Federal Sunset Act of 2009’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 

6 SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGEN7 CIES. 

8 (a) SCHEDULE FOR REVIEW.—Not later than one 

9 year after the date of the enactment of this Act, the Fed10 eral Agency Sunset Commission established under section 

11 3 (in this Act referred to as the ‘‘Commission’’) shall sub12 mit to Congress a schedule for review by the Commission, 

13 at least once every 12 years (or less, if determined appro14 priate by Congress), of the abolishment or reorganization 

15 of each agency. 

16 (b) REVIEW OF AGENCIES PERFORMING RELATED

17 FUNCTIONS.—In determining the schedule for review of 

18 agencies under subsection (a), the Commission shall pro19 vide that agencies that perform similar or related funcVerDate Nov 24 2008 03:02 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H393.IH H393

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1 tions be reviewed concurrently to promote efficiency and 

2 consolidation. 

3 (c) ABOLISHMENT OF AGENCIES.— 

4 (1) IN GENERAL.—Each agency shall— 

5 (A) be reviewed according to the schedule 

6 created pursuant to this section; and 

7 (B) be abolished not later than one year 

8 after the date that the Commission completes 

9 its review of the agency pursuant to such sched10 ule, unless the agency is reauthorized by the 

11 Congress. 

12 (2) EXTENSION.—The deadline for abolishing 

13 an agency may be extended for an additional two 

14 years after the date described in paragraph (1)(B) 

15 if the Congress enacts legislation extending such 

16 deadline by a vote of a super majority of the House 

17 of Representatives and the Senate. 

18 SEC. 3. ESTABLISHMENT OF COMMISSION. 

19 (a) ESTABLISHMENT.—There is established a com20 mission to be known as the ‘‘Federal Agency Sunset Com21 mission’’. 

22 (b) COMPOSITION.—The Commission shall be com23 posed of 12 members (in this Act referred to as the ‘‘mem24 bers’’) who shall be appointed as follows: 


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1 (1) Six members shall be appointed by the 

2 Speaker of the House of Representatives, one of 

3 whom may include the Speaker of the House of Rep4 resentatives, with minority members appointed with 

5 the consent of the minority leader of the House of 

6 Representatives. 

7 (2) Six members shall be appointed by the ma8 jority leader of the Senate, one of whom may include 

9 the majority leader of the Senate, with minority 

10 members appointed with the consent of the minority 

11 leader of the Senate. 

12 (c) QUALIFICATIONS OF MEMBERS.— 

13 (1) IN GENERAL.—(A) Of the members ap14 pointed under subsection (b)(1), four shall be mem15 bers of the House of Representatives (not more than 

16 two of whom may be of the same political party), 

17 and two shall be an individual described in subpara18 graph (C). 

19 (B) Of the members appointed under subsection 

20 (b)(2), four shall be members of the Senate (not 

21 more than two of whom may be of the same political 

22 party) and two shall be an individual described in 

23 subparagraph (C). 

24 (C) An individual under this subparagraph is 

25 an individual— 


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1 (i) who is not a member of Congress; and 

2 (ii) with expertise in the operation and ad3 ministration of Government programs. 

4 (2) CONTINUATION OF MEMBERSHIP.—If a 

5 member was appointed to the Commission as a 

6 Member of Congress and the member ceases to be 

7 a Member of Congress, that member shall cease to 

8 be a member of the Commission. The validity of any 

9 action of the Commission shall not be affected as a 

10 result of a member becoming ineligible to serve as 

11 a member for the reasons described in this para12 graph. 

13 (d) INITIAL APPOINTMENTS.—All initial appoint14 ments to the Commission shall be made not later than 90 

15 days after the date of the enactment of this Act. 

16 (e) CHAIRMAN; VICE CHAIRMAN.— 

17 (1) INITIAL CHAIRMAN.—An individual shall be 

18 designated by the Speaker of the House of Rep19 resentatives from among the members initially ap20 pointed under subsection (b)(1) to serve as chairman 

21 of the Commission for a period of 2 years. 

22 (2) INITIAL VICE-CHAIRMAN.—An individual 

23 shall be designated by the majority leader of the 

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1 chairman of the Commission for a period of two 

2 years. 

3 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

4 AND VICE-CHAIRMEN.—Following the termination of 

5 the two-year period described in paragraphs (1) and 

6 (2), the Speaker and the majority leader shall alter7 nate every two years in appointing the chairman and 

8 vice-chairman of the Commission. 

9 (f) TERMS OF MEMBERS.— 

10 (1) MEMBERS OF CONGRESS.—Each member 

11 appointed to the Commission who is a member of 

12 Congress shall serve for a term of six years, except 

13 that, of the members first appointed under para14 graphs (1) and (2) of subsection (b), 2 members 

15 shall be appointed to serve a term of three years 

16 under each such paragraph. 

17 (2) OTHER MEMBERS.—Each member of the 

18 Commission who is not a member of Congress shall 

19 serve for a term of three years. 

20 (3) TERM LIMIT.—(A) A member of the Com21 mission who is a member of Congress and who 

22 serves more than three years of a term may not be 

23 appointed to another term as a member. 

24 (B) A member of the Commission who is not a 

25 member of Congress and who serves as a member of 


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1 the Commission for more than 56 months may not 

2 be appointed to another term as a member. 

3 (g) POWERS OF COMMISSION.— 

4 (1) HEARINGS AND SESSIONS.—The Commis5 sion may, for the purpose of carrying out this Act, 

6 hold such hearings, sit and act at such times and 

7 places, take such testimony, and receive such evi8 dence as the Commission considers appropriate. The 

9 Commission may administer oaths to witnesses ap10 pearing before it. 

11 (2) OBTAINING INFORMATION.—The Commis12 sion may secure directly from any department or 

13 agency of the United States information necessary 

14 to enable it to carry out its duties under this Act. 

15 Upon request of the Chairman, the head of that de16 partment or agency shall furnish that information to 

17 the Commission in a full and timely manner. 

18 (3) SUBPOENA POWER.—(A) The Commission 

19 may issue a subpoena to require the attendance and 

20 testimony of witnesses and the production of evi21 dence relating to any matter under investigation by 

22 the Commission. 

23 (B) If a person refuses to obey an order or sub24 poena of the Commission that is issued in connection 

25 with a Commission proceeding, the Commission may 


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1 apply to the United States district court in the judi2 cial district in which the proceeding is held for an 

3 order requiring the person to comply with the sub4 poena or order. 

5 (4) IMMUNITY.—The Commission is an agency 

6 of the United States for purposes of part V of title 

7 18, United States Code (relating to immunity of wit8 nesses). 

9 (5) CONTRACT AUTHORITY.—The Commission 

10 may contract with and compensate government and 

11 private agencies or persons for services without re12 gard to section 3709 of the Revised Statutes (41 

13 U.S.C. 5). 

14 (h) COMMISSION PROCEDURES.— 

15 (1) MEETINGS.—The Commission shall meet at 

16 the call of the Chairman. 

17 (2) QUORUM.—Seven members of the Commis18 sion shall constitute a quorum but a lesser number 

19 may hold hearings. 

20 (i) PERSONNEL MATTERS.— 

21 (1) COMPENSATION.—Members shall not be 

22 paid by reason of their service as members. 

23 (2) TRAVEL EXPENSES.—Each member shall 

24 receive travel expenses, including per diem in lieu of 


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1 subsistence, in accordance with sections 5702 and 

2 5703 of title 5, United States Code. 

3 (3) DIRECTOR.—The Commission shall have a 

4 Director who shall be appointed by the Chairman. 

5 The Director shall be paid at a rate not to exceed 

6 the maximum rate of basic pay payable for GS–15 

7 of the General Schedule. 

8 (4) STAFF.—The Director may appoint and fix 

9 the pay of additional personnel as the Director con10 siders appropriate. 

11 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

12 LAWS.—The Director and staff of the Commission 

13 shall be appointed subject to the provisions of title 

14 5, United States Code, governing appointments in 

15 the competitive service, and shall be paid in accord16 ance with the provisions of chapter 51 and sub17 chapter III of chapter 53 of that title relating to 

18 classification and General Schedule pay rates. 

19 (j) OTHER ADMINISTRATIVE MATTERS.— 

20 (1) POSTAL AND PRINTING SERVICES.—The 

21 Commission may use the United States mails and 

22 obtain printing and binding services in the same 

23 manner and under the same conditions as other de24 partments and agencies of the United States. 


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1 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

2 Upon the request of the Commission, the Adminis3 trator of General Services shall provide to the Com4 mission, on a reimbursable basis, the administrative 

5 support services necessary for the Commission to 

6 carry out its duties under this Act. 

7 (3) EXPERTS AND CONSULTANTS.—The Com8 mission may procure temporary and intermittent 

9 services under section 3109(b) of title 5, United 

10 States Code. 

11 (k) SUNSET OF COMMISSION.—The Commission shall 

12 terminate on December 31, 2033, unless reauthorized by 

13 Congress. 

14 SEC. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 

15 AGENCIES. 

16 (a) IN GENERAL.—The Commission shall review the 

17 efficiency and public need for each agency in accordance 

18 with the criteria described in section 5. 

19 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

20 The Commission shall submit to Congress and the Presi21 dent not later than September 1 of each year a report 

22 containing— 

23 (1) an analysis of the efficiency of operation 

24 and public need for each agency to be reviewed in 

25 the year in which the report is submitted pursuant 


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1 to the schedule submitted to Congress under section 

2 2; 

3 (2) recommendations on whether each such 

4 agency should be abolished or reorganized; 

5 (3) recommendations on whether the functions 

6 of any other agencies should be consolidated, trans7 ferred, or reorganized in an agency to be reviewed 

8 in the year in which the report is submitted pursu9 ant to the schedule submitted to Congress under 

10 section 2; and 

11 (4) recommendations for administrative and 

12 legislative action with respect to each such agency, 

13 but not including recommendations for appropriation 

14 levels. 

15 (c) DRAFT LEGISLATION.—The Commission shall 

16 submit to Congress and the President not later than Sep17 tember 1 of each year a draft of legislation to carry out 

18 the recommendations of the Commission under subsection 

19 (b). 

20 (d) INFORMATION GATHERING.—The Commission 

21 shall— 

22 (1) conduct public hearings on the abolishment 

23 of each agency reviewed under subsection (b); 

24 (2) provide an opportunity for public comment 

25 on the abolishment of each such agency; 


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1 (3) require the agency to provide information to 

2 the Commission as appropriate; and 

3 (4) consult with the General Accounting Office, 

4 the Office of Management and Budget, the Comp5 troller General, and the chairman and ranking mi6 nority members of the committees of Congress with 

7 oversight responsibility for the agency being re8 viewed regarding the operation of the agency. 

9 (e) USE OF PROGRAM INVENTORY.—The Commis10 sion shall use the program inventory prepared under sec11 tion 9 in reviewing the efficiency and public need for each 

12 agency under subsection (a). 

13 SEC. 5. CRITERIA FOR REVIEW. 

14 The Commission shall evaluate the efficiency and 

15 public need for each agency pursuant to section 4 using 

16 the following criteria: 

17 (1) The effectiveness, and the efficiency of the 

18 operation of, the programs carried out by each such 

19 agency. 

20 (2) Whether the programs carried out by the 

21 agency are cost-effective. 

22 (3) Whether the agency has acted outside the 

23 scope of its original authority, and whether the origi24 nal objectives of the agency have been achieved. 


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1 (4) Whether less restrictive or alternative meth2 ods exist to carry out the functions of the agency. 

3 (5) The extent to which the jurisdiction of, and 

4 the programs administered by, the agency duplicate 

5 or conflict with the jurisdiction and programs of 

6 other agencies. 

7 (6) The potential benefits of consolidating pro8 grams administered by the agency with similar or 

9 duplicative programs of other agencies, and the po10 tential for consolidating such programs. 

11 (7) The number and types of beneficiaries or 

12 persons served by programs carried out by the agen13 cy. 

14 (8) The extent to which any trends, develop15 ments, and emerging conditions that are likely to af16 fect the future nature and extent of the problems or 

17 needs that the programs carried out by the agency 

18 are intended to address. 

19 (9) The extent to which the agency has com20 plied with the provisions contained in the Govern21 ment Performance and Results Act of 1993 (Public 

22 Law 103–62; 107 Stat. 285). 

23 (10) The promptness and effectiveness with 

24 which the agency seeks public input and input from 

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1 fectiveness of the performance of the functions of 

2 the agency. 

3 (11) Whether the agency has worked to enact 

4 changes in the law that are intended to benefit the 

5 public as a whole rather than the specific business, 

6 institution, or individuals that the agency regulates. 

7 (12) The extent to which the agency has en8 couraged participation by the public as a whole in 

9 making its rules and decisions rather than encour10 aging participation solely by those it regulates. 

11 (13) The extent to which the public participa12 tion in rulemaking and decisionmaking of the agency 

13 has resulted in rules and decisions compatible with 

14 the objectives of the agency. 

15 (14) The extent to which the agency complies 

16 with section 552 of title 5, United States Code (com17 monly known as the ‘‘Freedom of Information Act’’). 

18 (15) The extent to which the agency complies 

19 with equal employment opportunity requirements re20 garding equal employment opportunity. 

21 (16) The extent of the regulatory, privacy, and 

22 paperwork impacts of the programs carried out by 

23 the agency. 


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1 (17) The extent to which the agency has coordi2 nated with State and local governments in per3 forming the functions of the agency. 

4 (18) The potential effects of abolishing the 

5 agency on State and local governments. 

6 (19) The extent to which changes are necessary 

7 in the authorizing statutes of the agency in order 

8 that the functions of the agency can be performed 

9 in the most efficient and effective manner. 

10 SEC. 6. COMMISSION OVERSIGHT. 

11 (a) MONITORING OF IMPLEMENTATION OF REC12 OMMENDATIONS.—The Commission shall monitor imple13 mentation of laws enacting provisions that incorporate rec14 ommendations of the Commission with respect to abolish15 ment or reorganization of agencies. 

16 (b) MONITORING OF OTHER RELEVANT LEGISLA17 TION.— 

18 (1) IN GENERAL.—The Commission shall review 

19 and report to Congress on all legislation introduced 

20 in either house of Congress that would establish— 

21 (A) a new agency; or 

22 (B) a new program to be carried out by an 

23 existing agency. 


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1 (2) REPORT TO CONGRESS.—The Commission 

2 shall include in each report submitted to Congress 

3 under paragraph (1) an analysis of whether— 

4 (A) the functions of the proposed agency 

5 or program could be carried out by one or more 

6 existing agencies; 

7 (B) the functions of the proposed agency 

8 or program could be carried out in a less re9 strictive manner than the manner proposed in 

10 the legislation; and 

11 (C) the legislation provides for public input 

12 regarding the performance of functions by the 

13 proposed agency or program. 

14 SEC. 7. RULEMAKING AUTHORITY. 

15 The Commission may promulgate such rules as nec16 essary to carry out this Act. 

17 SEC. 8. RELOCATION OF FEDERAL EMPLOYEES. 

18 If the position of an employee of an agency is elimi19 nated as a result of the abolishment of an agency in ac20 cordance with this Act, there shall be a reasonable effort 

21 to relocate such employee to a position within another 

22 agency. 

23 SEC. 9. PROGRAM INVENTORY. 

24 (a) PREPARATION.—The Comptroller General and 

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1 operation with the Director of the Congressional Research 

2 Service, shall prepare an inventory of Federal programs 

3 (in this Act referred to as the ‘‘program inventory’’) with4 in each agency. 

5 (b) PURPOSE.—The purpose of the program inven6 tory is to advise and assist the Congress and the Commis7 sion in carrying out the requirements of this Act. Such 

8 inventory shall not in any way bind the committees of the 

9 Senate or the House of Representatives with respect to 

10 their responsibilities under this Act and shall not infringe 

11 on the legislative and oversight responsibilities of such 

12 committees. The Comptroller General shall compile and 

13 maintain the inventory and the Director of the Congres14 sional Budget Office shall provide budgetary information 

15 for inclusion in the inventory. 

16 (c) INVENTORY CONTENT.—The program inventory 

17 shall set forth for each program each of the following mat18 ters: 

19 (1) The specific provision or provisions of law 

20 authorizing the program. 

21 (2) The committees of the Senate and the 

22 House of Representatives which have legislative or 

23 oversight jurisdiction over the program. 

24 (3) A brief statement of the purpose or pur25 poses to be achieved by the program. 


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1 (4) The committees which have jurisdiction over 

2 legislation providing new budget authority for the 

3 program, including the appropriate subcommittees of 

4 the Committees on Appropriations of the Senate and 

5 the House of Representatives. 

6 (5) The agency and, if applicable, the subdivi7 sion thereof responsible for administering the pro8 gram. 

9 (6) The grants-in-aid, if any, provided by such 

10 program to State and local governments. 

11 (7) The next reauthorization date for the pro12 gram. 

13 (8) A unique identification number which links 

14 the program and functional category structure. 

15 (9) The year in which the program was origi16 nally established and, where applicable, the year in 

17 which the program expires. 

18 (10) Where applicable, the year in which new 

19 budget authority for the program was last author20 ized and the year in which current authorizations of 

21 new budget authority expire. 

22 (d) BUDGET AUTHORITY.—The report also shall set 

23 forth for each program whether the new budget authority 

24 provided for such programs is— 

25 (1) authorized for a definite period of time; 


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1 (2) authorized in a specific dollar amount but 

2 without limit of time; 

3 (3) authorized without limit of time or dollar 

4 amounts; 

5 (4) not specifically authorized; or 

6 (5) permanently provided, 

7 as determined by the Director of the Congressional Budg8 et Office. 

9 (e) CBO INFORMATION.—For each program or group 

10 of programs, the program inventory also shall include in11 formation prepared by the Director of the Congressional 

12 Budget Office indicating each of the following matters: 

13 (1) The amounts of new budget authority au14 thorized and provided for the program for each of 

15 the preceding four fiscal years and, where applicable, 

16 the four succeeding fiscal years. 

17 (2) The functional and subfunctional category 

18 in which the program is presently classified and was 

19 classified under the fiscal year 2009 budget. 

20 (3) The identification code and title of the ap21 propriation account in which budget authority is 

22 provided for the program. 

23 (f) MUTUAL EXCHANGE OF INFORMATION.—The 

24 General Accounting Office, the Congressional Research 

25 Service, and the Congressional Budget Office shall permit 


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1 the mutual exchange of available information in their pos2 session which would aid in the compilation of the program 

3 inventory. 

4 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of5 fice of Management and Budget, and the Executive agen6 cies and the subdivisions thereof shall, to the extent nec7 essary and possible, provide the General Accounting Office 

8 with assistance requested by the Comptroller General in 

9 the compilation of the program inventory. 

10 SEC. 10. DEFINITION OF AGENCY. 

11 As used in this Act, the term ‘‘agency’’ has the mean12 ing given that term by section 105 of title 5, United States 

13 Code, except that such term includes an advisory com14 mittee as that term is defined in section 102(2) of the 

15 Federal Advisory Committee Act. 

16 SEC. 11. OFFSET OF AMOUNTS APPROPRIATED. 

17 Amounts appropriated to carry out this Act shall be 

18 offset by a reduction in amounts appropriated to carry out 

19 programs of other Federal agencies. 

Æ 


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