I 

116TH CONGRESS 

1ST SESSION H. R. 39 

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 3, 2019 

Mr. HUDSON introduced the following bill; which was referred to the 

Committee on Oversight and 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Federal Sunset Act of 2019’’. 

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

7 this Act is as follows: 


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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. 

1 SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGEN2 CIES. 

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

4 year after the date of the enactment of this Act, the Fed5 eral Agency Sunset Commission established under section 

6 3 (in this Act referred to as the ‘‘Commission’’) shall sub7 mit to Congress a schedule for review by the Commission, 

8 at least once every 12 years (or less, if determined appro9 priate by Congress), of the abolishment or reorganization 

10 of each agency. 

11 (b) REVIEW OF AGENCIES PERFORMING RELATED

12 FUNCTIONS.—In determining the schedule for review of 

13 agencies under subsection (a), the Commission shall pro14 vide that agencies that perform similar or related func15 tions be reviewed concurrently to promote efficiency and 

16 consolidation. 

17 (c) ABOLISHMENT OF AGENCIES.— 

18 (1) IN GENERAL.—Each agency shall— 

19 (A) be reviewed according to the schedule 

20 created pursuant to this section; and 


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1 (B) be abolished not later than one year 

2 after the date that the Commission completes 

3 its review of the agency pursuant to such sched4 ule, unless the agency is reauthorized by the 

5 Congress. 

6 (2) EXTENSION.—The deadline for abolishing 

7 an agency may be extended for an additional two 

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

9 if the Congress enacts legislation extending such 

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

11 of Representatives and the Senate. 

12 SEC. 3. ESTABLISHMENT OF COMMISSION. 

13 (a) ESTABLISHMENT.—There is established a com14 mission to be known as the ‘‘Federal Agency Sunset Com15 mission’’. 

16 (b) COMPOSITION.—The Commission shall be com17 posed of 12 members (in this Act referred to as the ‘‘mem18 bers’’) who shall be appointed as follows: 

19 (1) Six members shall be appointed by the 

20 Speaker of the House of Representatives, one of 

21 whom may include the Speaker of the House of Rep22 resentatives, with minority members appointed with 

23 the consent of the minority leader of the House of 

24 Representatives. 


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1 (2) Six members shall be appointed by the ma2 jority leader of the Senate, one of whom may include 

3 the majority leader of the Senate, with minority 

4 members appointed with the consent of the minority 

5 leader of the Senate. 

6 (c) QUALIFICATIONS OF MEMBERS.— 

7 (1) IN GENERAL.—(A) Of the members ap8 pointed under subsection (b)(1), four shall be mem9 bers of the House of Representatives (not more than 

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

11 and two shall be an individual described in subpara12 graph (C). 

13 (B) Of the members appointed under subsection 

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

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

16 party) and two shall be an individual described in 

17 subparagraph (C). 

18 (C) An individual under this subparagraph is 

19 an individual— 

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

21 (ii) with expertise in the operation and ad22 ministration of Government programs. 

23 (2) CONTINUATION OF MEMBERSHIP.—If a 

24 member was appointed to the Commission as a 

25 Member of Congress and the member ceases to be 


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1 a Member of Congress, that member shall cease to 

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

3 action of the Commission shall not be affected as a 

4 result of a member becoming ineligible to serve as 

5 a member for the reasons described in this para6 graph. 

7 (d) INITIAL APPOINTMENTS.—All initial appoint8 ments to the Commission shall be made not later than 90 

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

10 (e) CHAIRMAN; VICE CHAIRMAN.— 

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

12 designated by the Speaker of the House of Rep13 resentatives from among the members initially ap14 pointed under subsection (b)(1) to serve as chairman 

15 of the Commission for a period of 2 years. 

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

17 shall be designated by the majority leader of the 

18 Senate from among the individuals initially ap19 pointed under subsection (b)(2) to serve as vice20 chairman of the Commission for a period of two 

21 years. 

22 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

23 AND VICE-CHAIRMEN.—Following the termination of 

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

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1 nate every two years in appointing the chairman and 

2 vice-chairman of the Commission. 

3 (f) TERMS OF MEMBERS.— 

4 (1) MEMBERS OF CONGRESS.—Each member 

5 appointed to the Commission who is a member of 

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

7 that, of the members first appointed under para8 graphs (1) and (2) of subsection (b), 2 members 

9 shall be appointed to serve a term of three years 

10 under each such paragraph. 

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

12 Commission who is not a member of Congress shall 

13 serve for a term of three years. 

14 (3) TERM LIMIT.—(A) A member of the Com15 mission who is a member of Congress and who 

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

17 appointed to another term as a member. 

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

19 member of Congress and who serves as a member of 

20 the Commission for more than 56 months may not 

21 be appointed to another term as a member. 

22 (g) POWERS OF COMMISSION.— 

23 (1) HEARINGS AND SESSIONS.—The Commis24 sion may, for the purpose of carrying out this Act, 

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


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1 places, take such testimony, and receive such evi2 dence as the Commission considers appropriate. The 

3 Commission may administer oaths to witnesses ap4 pearing before it. 

5 (2) OBTAINING INFORMATION.—The Commis6 sion may secure directly from any department or 

7 agency of the United States information necessary 

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

9 Upon request of the Chairman, the head of that de10 partment or agency shall furnish that information to 

11 the Commission in a full and timely manner. 

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

13 may issue a subpoena to require the attendance and 

14 testimony of witnesses and the production of evi15 dence relating to any matter under investigation by 

16 the Commission. 

17 (B) If a person refuses to obey an order or sub18 poena of the Commission that is issued in connection 

19 with a Commission proceeding, the Commission may 

20 apply to the United States district court in the judi21 cial district in which the proceeding is held for an 

22 order requiring the person to comply with the sub23 poena or order. 

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

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


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1 18, United States Code (relating to immunity of wit2 nesses). 

3 (5) CONTRACT AUTHORITY.—The Commission 

4 may contract with and compensate government and 

5 private agencies or persons for services without re6 gard to section 6101 of title 41, United States Code. 

7 (h) COMMISSION PROCEDURES.— 

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

9 the call of the Chairman. 

10 (2) QUORUM.—Seven members of the Commis11 sion shall constitute a quorum but a lesser number 

12 may hold hearings. 

13 (i) PERSONNEL MATTERS.— 

14 (1) COMPENSATION.—Members shall not be 

15 paid by reason of their service as members. 

16 (2) TRAVEL EXPENSES.—Each member shall 

17 receive travel expenses, including per diem in lieu of 

18 subsistence, in accordance with sections 5702 and 

19 5703 of title 5, United States Code. 

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

21 Director who shall be appointed by the Chairman. 

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

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

24 of the General Schedule. 


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

2 the pay of additional personnel as the Director con3 siders appropriate. 

4 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

5 LAWS.—The Director and staff of the Commission 

6 shall be appointed subject to the provisions of title 

7 5, United States Code, governing appointments in 

8 the competitive service, and shall be paid in accord9 ance with the provisions of chapter 51 and sub10 chapter III of chapter 53 of that title relating to 

11 classification and General Schedule pay rates. 

12 (j) OTHER ADMINISTRATIVE MATTERS.— 

13 (1) POSTAL AND PRINTING SERVICES.—The 

14 Commission may use the United States mails and 

15 obtain printing and binding services in the same 

16 manner and under the same conditions as other de17 partments and agencies of the United States. 

18 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

19 Upon the request of the Commission, the Adminis20 trator of General Services shall provide to the Com21 mission, on a reimbursable basis, the administrative 

22 support services necessary for the Commission to 

23 carry out its duties under this Act. 

24 (3) EXPERTS AND CONSULTANTS.—The Com25 mission may procure temporary and intermittent 


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

2 States Code. 

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

4 terminate on December 31, 2037, unless reauthorized by 

5 Congress. 

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

7 AGENCIES. 

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

9 efficiency and public need for each agency in accordance 

10 with the criteria described in section 5. 

11 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

12 The Commission shall submit to Congress and the Presi13 dent not later than September 1 of each year a report 

14 containing— 

15 (1) an analysis of the efficiency of operation 

16 and public need for each agency to be reviewed in 

17 the year in which the report is submitted pursuant 

18 to the schedule submitted to Congress under section 

19 2; 

20 (2) recommendations on whether each such 

21 agency should be abolished or reorganized; 

22 (3) recommendations on whether the functions 

23 of any other agencies should be consolidated, trans24 ferred, or reorganized in an agency to be reviewed 

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1 ant to the schedule submitted to Congress under 

2 section 2; and 

3 (4) recommendations for administrative and 

4 legislative action with respect to each such agency, 

5 but not including recommendations for appropriation 

6 levels. 

7 (c) DRAFT LEGISLATION.—The Commission shall 

8 submit to Congress and the President not later than Sep9 tember 1 of each year a draft of legislation to carry out 

10 the recommendations of the Commission under subsection 

11 (b). 

12 (d) INFORMATION GATHERING.—The Commission 

13 shall— 

14 (1) conduct public hearings on the abolishment 

15 of each agency reviewed under subsection (b); 

16 (2) provide an opportunity for public comment 

17 on the abolishment of each such agency; 

18 (3) require the agency to provide information to 

19 the Commission as appropriate; and 

20 (4) consult with the Government Accountability 

21 Office, the Office of Management and Budget, the 

22 Comptroller General of the United States, and the 

23 chairman and ranking minority members of the com24 mittees of Congress with oversight responsibility for 


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1 the agency being reviewed regarding the operation of 

2 the agency. 

3 (e) USE OF PROGRAM INVENTORY.—The Commis4 sion shall use the program inventory prepared under sec5 tion 9 in reviewing the efficiency and public need for each 

6 agency under subsection (a). 

7 SEC. 5. CRITERIA FOR REVIEW. 

8 The Commission shall evaluate the efficiency and 

9 public need for each agency pursuant to section 4 using 

10 the following criteria: 

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

12 operation of, the programs carried out by each such 

13 agency. 

14 (2) Whether the programs carried out by the 

15 agency are cost-effective. 

16 (3) Whether the agency has acted outside the 

17 scope of its original authority, and whether the origi18 nal objectives of the agency have been achieved. 

19 (4) Whether less restrictive or alternative meth20 ods exist to carry out the functions of the agency. 

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

22 the programs administered by, the agency duplicate 

23 or conflict with the jurisdiction and programs of 

24 other agencies. 


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1 (6) The potential benefits of consolidating pro2 grams administered by the agency with similar or 

3 duplicative programs of other agencies, and the po4 tential for consolidating such programs. 

5 (7) The number and types of beneficiaries or 

6 persons served by programs carried out by the agen7 cy. 

8 (8) The extent to which any trends, develop9 ments, and emerging conditions that are likely to af10 fect the future nature and extent of the problems or 

11 needs that the programs carried out by the agency 

12 are intended to address. 

13 (9) The extent to which the agency has com14 plied with the provisions contained in the Govern15 ment Performance and Results Act of 1993 (Public 

16 Law 103–62; 107 Stat. 285). 

17 (10) The promptness and effectiveness with 

18 which the agency seeks public input and input from 

19 State and local governments on the efficiency and ef20 fectiveness of the performance of the functions of 

21 the agency. 

22 (11) Whether the agency has worked to enact 

23 changes in the law that are intended to benefit the 

24 public as a whole rather than the specific business, 

25 institution, or individuals that the agency regulates. 


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1 (12) The extent to which the agency has en2 couraged participation by the public as a whole in 

3 making its rules and decisions rather than encour4 aging participation solely by those it regulates. 

5 (13) The extent to which the public participa6 tion in rulemaking and decisionmaking of the agency 

7 has resulted in rules and decisions compatible with 

8 the objectives of the agency. 

9 (14) The extent to which the agency complies 

10 with section 552 of title 5, United States Code (com11 monly known as the ‘‘Freedom of Information Act’’). 

12 (15) The extent to which the agency complies 

13 with equal employment opportunity requirements re14 garding equal employment opportunity. 

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

16 paperwork impacts of the programs carried out by 

17 the agency. 

18 (17) The extent to which the agency has coordi19 nated with State and local governments in per20 forming the functions of the agency. 

21 (18) The potential effects of abolishing the 

22 agency on State and local governments. 

23 (19) The extent to which changes are necessary 

24 in the authorizing statutes of the agency in order 


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1 that the functions of the agency can be performed 

2 in the most efficient and effective manner. 

3 SEC. 6. COMMISSION OVERSIGHT. 

4 (a) MONITORING OF IMPLEMENTATION OF REC5 OMMENDATIONS.—The Commission shall monitor imple6 mentation of laws enacting provisions that incorporate rec7 ommendations of the Commission with respect to abolish8 ment or reorganization of agencies. 

9 (b) MONITORING OF OTHER RELEVANT LEGISLA10 TION.— 

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

12 and report to Congress on all legislation introduced 

13 in either house of Congress that would establish— 

14 (A) a new agency; or 

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

16 existing agency. 

17 (2) REPORT TO CONGRESS.—The Commission 

18 shall include in each report submitted to Congress 

19 under paragraph (1) an analysis of whether— 

20 (A) the functions of the proposed agency 

21 or program could be carried out by one or more 

22 existing agencies; 

23 (B) the functions of the proposed agency 

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1 strictive manner than the manner proposed in 

2 the legislation; and 

3 (C) the legislation provides for public input 

4 regarding the performance of functions by the 

5 proposed agency or program. 

6 SEC. 7. RULEMAKING AUTHORITY. 

7 The Commission may promulgate such rules as nec8 essary to carry out this Act. 

9 SEC. 8. RELOCATION OF FEDERAL EMPLOYEES. 

10 If the position of an employee of an agency is elimi11 nated as a result of the abolishment of an agency in ac12 cordance with this Act, there shall be a reasonable effort 

13 to relocate such employee to a position within another 

14 agency. 

15 SEC. 9. PROGRAM INVENTORY. 

16 (a) PREPARATION.—The Comptroller General of the 

17 United States and the Director of the Congressional 

18 Budget Office, in cooperation with the Director of the 

19 Congressional Research Service, shall prepare an inven20 tory of Federal programs (in this Act referred to as the 

21 ‘‘program inventory’’) within each agency. 

22 (b) PURPOSE.—The purpose of the program inven23 tory is to advise and assist the Congress and the Commis24 sion in carrying out the requirements of this Act. Such 

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


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1 Senate or the House of Representatives with respect to 

2 their responsibilities under this Act and shall not infringe 

3 on the legislative and oversight responsibilities of such 

4 committees. The Comptroller General shall compile and 

5 maintain the inventory and the Director of the Congres6 sional Budget Office shall provide budgetary information 

7 for inclusion in the inventory. 

8 (c) INVENTORY CONTENT.—The program inventory 

9 shall set forth for each program each of the following mat10 ters: 

11 (1) The specific provision or provisions of law 

12 authorizing the program. 

13 (2) The committees of the Senate and the 

14 House of Representatives which have legislative or 

15 oversight jurisdiction over the program. 

16 (3) A brief statement of the purpose or pur17 poses to be achieved by the program. 

18 (4) The committees which have jurisdiction over 

19 legislation providing new budget authority for the 

20 program, including the appropriate subcommittees of 

21 the Committees on Appropriations of the Senate and 

22 the House of Representatives. 

23 (5) The agency and, if applicable, the subdivi24 sion thereof responsible for administering the pro25 gram. 


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

2 program to State and local governments. 

3 (7) The next reauthorization date for the pro4 gram. 

5 (8) A unique identification number which links 

6 the program and functional category structure. 

7 (9) The year in which the program was origi8 nally established and, where applicable, the year in 

9 which the program expires. 

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

11 budget authority for the program was last author12 ized and the year in which current authorizations of 

13 new budget authority expire. 

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

15 forth for each program whether the new budget authority 

16 provided for such programs is— 

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

18 (2) authorized in a specific dollar amount but 

19 without limit of time; 

20 (3) authorized without limit of time or dollar 

21 amounts; 

22 (4) not specifically authorized; or 

23 (5) permanently provided, 

24 as determined by the Director of the Congressional Budg25 et Office. 


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

2 of programs, the program inventory also shall include in3 formation prepared by the Director of the Congressional 

4 Budget Office indicating each of the following matters: 

5 (1) The amounts of new budget authority au6 thorized and provided for the program for each of 

7 the preceding four fiscal years and, where applicable, 

8 the four succeeding fiscal years. 

9 (2) The functional and subfunctional category 

10 in which the program is presently classified and was 

11 classified under the fiscal year 2017 budget. 

12 (3) The identification code and title of the ap13 propriation account in which budget authority is 

14 provided for the program. 

15 (f) MUTUAL EXCHANGE OF INFORMATION.—The 

16 Government Accountability Office, the Congressional Re17 search Service, and the Congressional Budget Office shall 

18 permit the mutual exchange of available information in 

19 their possession which would aid in the compilation of the 

20 program inventory. 

21 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of22 fice of Management and Budget, and the Executive agen23 cies and the subdivisions thereof shall, to the extent nec24 essary and possible, provide the Government AccountVerDate Sep 11 2014 02:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H39.IH H39

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1 ability Office with assistance requested by the Comptroller 

2 General in the compilation of the program inventory. 

3 SEC. 10. DEFINITION OF AGENCY. 

4 As used in this Act, the term ‘‘agency’’ has the mean5 ing given that term by section 105 of title 5, United States 

6 Code, except that such term includes an advisory com7 mittee as that term is defined in section 3(2) of the Fed8 eral Advisory Committee Act (5 U.S.C. App 3(2)). 

9 SEC. 11. OFFSET OF AMOUNTS APPROPRIATED. 

10 Amounts appropriated to carry out this Act shall be 

11 offset by a reduction in amounts appropriated to carry out 

12 programs of other Federal agencies. 

Æ 


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