I

106TH CONGRESS

1ST SESSION H. R. 2128

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

JUNE 10, 1999

Mr. BRADY of Texas (for himself, Mr. KASICH, Mr. TURNER, Mr. DOGGETT,

Ms. DUNN, Mr. STENHOLM, Mr. PETERSON of Minnesota, Mr. SESSIONS,

Mr. RODRIGUEZ, Ms. GRANGER, Mr. PICKERING, Mr. HILL of Montana,

Mr. GOODE, Mr. BOEHNER, Mr. SMITH of Texas, Mr. SALMON, Mr.

ROGAN, Mr. SCARBOROUGH, Mr. SCHAFFER, Mr. PITTS, Mr. THORNBERRY, Mr. GREEN of Texas, Mr. DOOLITTLE, Mr. POMBO, Mr. ISTOOK,

Mr. HALL of Texas, Mrs. MYRICK, Mr. COOK, Mr. SOUDER, Mr.

COOKSEY, Mr. SAM JOHNSON of Texas, Mr. COMBEST, Mr. BONILLA,

Mr. BLUNT, Mr. HERGER, Mr. HUTCHINSON, Mr. MINGE, Mr. BARTON

of Texas, Mrs. CHENOWETH, Mr. PAUL, Mr. ENGLISH, Mr. COBURN, Mr.

TIAHRT, Mr. LUCAS of Oklahoma, Mr. PETERSON of Pennsylvania, Mr.

WELDON of Florida, Mr. TAUZIN, Mr. SUNUNU, Mr. ROMERO-BARCELO ́,

Mr. ROYCE, Mr. MCINTYRE, Mr. CAMPBELL, Mr. NETHERCUTT, Mr.

OXLEY, Mr. HILLEARY, Mr. MILLER of Florida, Mr. GOODLATTE, Mr.

GRAHAM, Mr. BENTSEN, Ms. DANNER, Mr. NORWOOD, Mr. TANCREDO,

Mr. GARY MILLER of California, Mr. GREEN of Wisconsin, Mr.

HOEFFEL, Mr. STEARNS, Mr. HOEKSTRA, Mr. EWING, Mr. SANFORD,

Mr. BACHUS, and Mr. HOBSON) introduced the following bill; which was

referred to the Committee on 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 pub-
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lic 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.

4 This Act may be cited as the ‘‘The Abolishment of

5 Obsolete Agencies and Federal Sunset Act of 1999’’.

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 func20 tions be reviewed concurrently to promote efficiency and

21 consolidation.

22 (c) ABOLISHMENT OF AGENCIES.—

23 (1) IN GENERAL.—Each agency shall—
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1 (A) be reviewed according to the schedule

2 created pursuant to this section; and

3 (B) be abolished not later than one year

4 after the date that the Commission completes

5 its review of the agency pursuant to such sched6 ule, unless the agency is reauthorized by the

7 Congress.

8 (2) EXTENSION.—The deadline for abolishing

9 an agency may be extended for an additional two

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

11 if the Congress enacts legislation extending such

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

13 of Representatives and the Senate.

14 SEC. 3. ESTABLISHMENT OF COMMISSION.

15 (a) ESTABLISHMENT.—There is established a com16 mission to be known as the ‘‘Federal Agency Sunset Com17 mission’’.

18 (b) COMPOSITION.—The Commission shall be com19 posed of 12 members (in this Act referred to as the ‘‘mem20 bers’’) who shall be appointed as follows:

21 (1) Six members shall be appointed by the

22 Speaker of the House of Representatives, one of

23 whom may include the Speaker of the House of Rep24 resentatives, with minority members appointed with
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1 the consent of the minority leader of the House of

2 Representatives.

3 (2) Six members shall be appointed by the ma4 jority leader of the Senate, one of whom may include

5 the majority leader of the Senate, with minority

6 members appointed with the consent of the minority

7 leader of the Senate.

8 (c) QUALIFICATIONS OF MEMBERS.—

9 (1) IN GENERAL.—(A) Of the members ap10 pointed under subsection (b)(1), four shall be mem11 bers of the House of Representatives (not more than

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

13 and two shall be an individual described in subpara14 graph (C).

15 (B) Of the members appointed under subsection

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

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

18 party) and two shall be an individual described in

19 subparagraph (C).

20 (C) An individual under this subparagraph is

21 an individual—

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

23 (ii) with expertise in the operation and ad24 ministration of Government programs.
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1 (2) CONTINUATION OF MEMBERSHIP.—If a

2 member was appointed to the Commission as a

3 Member of Congress and the member ceases to be

4 a Member of Congress, that member shall cease to

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

6 action of the Commission shall not be affected as a

7 result of a member becoming ineligible to serve as

8 a member for the reasons described in this para9 graph.

10 (d) INITIAL APPOINTMENTS.—All initial appoint11 ments to the Commission shall be made not later than 90

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

13 (e) CHAIRMAN; VICE CHAIRMAN.—

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

15 designated by the Speaker of the House of Rep16 resentatives from among the members initially ap17 pointed under subsection (b)(1) to serve as chairman

18 of the Commission for a period of 2 years.

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

20 shall be designated by the majority leader of the

21 Senate from among the individuals initially ap22 pointed under subsection (b)(2) to serve as vice23 chairman of the Commission for a period of two

24 years.
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1 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

2 AND VICE-CHAIRMEN.—Following the termination of

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

4 (2), the Speaker and the majority leader shall alter5 nate every two years in appointing the chairman and

6 vice-chairman of the Commission.

7 (f) TERMS OF MEMBERS.—

8 (1) MEMBERS OF CONGRESS.—Each member

9 appointed to the Commission who is a member of

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

11 that, of the members first appointed under para12 graphs (1) and (2) of subsection (b), 2 members

13 shall be appointed to serve a term of three years

14 under each such paragraph.

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

16 Commission who is not a member of Congress shall

17 serve for a term of three years.

18 (3) TERM LIMIT.—(A) A member of the Com19 mission who is a member of Congress and who

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

21 appointed to another term as a member.

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

23 member of Congress and who serves as a member of

24 the Commission for more than 56 months may not

25 be appointed to another term as a member.
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1 (g) POWERS OF COMMISSION.—

2 (1) HEARINGS AND SESSIONS.—The Commis3 sion may, for the purpose of carrying out this Act,

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

5 places, take such testimony, and receive such evi6 dence as the Commission considers appropriate. The

7 Commission may administer oaths to witnesses ap8 pearing before it.

9 (2) OBTAINING INFORMATION.—The Commis10 sion may secure directly from any department or

11 agency of the United States information necessary

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

13 Upon request of the Chairman, the head of that de14 partment or agency shall furnish that information to

15 the Commission in a full and timely manner.

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

17 may issue a subpoena to require the attendance and

18 testimony of witnesses and the production of evi19 dence relating to any matter under investigation by

20 the Commission.

21 (B) If a person refuses to obey an order or sub22 poena of the Commission that is issued in connection

23 with a Commission proceeding, the Commission may

24 apply to the United States district court in the judi25 cial district in which the proceeding is held for an
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1 order requiring the person to comply with the sub2 poena or order.

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

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

5 18, United States Code (relating to immunity of wit6 nesses).

7 (5) CONTRACT AUTHORITY.—The Commission

8 may contract with and compensate government and

9 private agencies or persons for services without re10 gard to section 3709 of the Revised Statutes (41

11 U.S.C. 5).

12 (h) COMMISSION PROCEDURES.—

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

14 the call of the Chairman.

15 (2) QUORUM.—Seven members of the Commis16 sion shall constitute a quorum but a lesser number

17 may hold hearings.

18 (i) PERSONNEL MATTERS.—

19 (1) COMPENSATION.—Members shall not be

20 paid by reason of their service as members.

21 (2) TRAVEL EXPENSES.—Each member shall

22 receive travel expenses, including per diem in lieu of

23 subsistence, in accordance with sections 5702 and

24 5703 of title 5, United States Code.
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1 (3) DIRECTOR.—The Commission shall have a

2 Director who shall be appointed by the Chairman.

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

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

5 of the General Schedule.

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

7 the pay of additional personnel as the Director con8 siders appropriate.

9 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

10 LAWS.—The Director and staff of the Commission

11 shall be appointed subject to the provisions of title

12 5, United States Code, governing appointments in

13 the competitive service, and shall be paid in accord14 ance with the provisions of chapter 51 and sub15 chapter III of chapter 53 of that title relating to

16 classification and General Schedule pay rates.

17 (j) OTHER ADMINISTRATIVE MATTERS.—

18 (1) POSTAL AND PRINTING SERVICES.—The

19 Commission may use the United States mails and

20 obtain printing and binding services in the same

21 manner and under the same conditions as other de22 partments and agencies of the United States.

23 (2) ADMINISTRATIVE SUPPORT SERVICES.—

24 Upon the request of the Commission, the Adminis25 trator of General Services shall provide to the Com-
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1 mission, on a reimbursable basis, the administrative

2 support services necessary for the Commission to

3 carry out its duties under this Act.

4 (3) EXPERTS AND CONSULTANTS.—The Com5 mission may procure temporary and intermittent

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

7 States Code.

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

9 terminate on December 31, 2024, unless reauthorized by

10 Congress.

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

12 AGENCIES.

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

14 efficiency and public need for each agency in accordance

15 with the criteria described in section 5.

16 (b) RECOMMENDATIONS; REPORT TO CONGRESS.—

17 The Commission shall submit to Congress and the Presi18 dent not later than September 1 of each year a report

19 containing—

20 (1) an analysis of the efficiency of operation

21 and public need for each agency to be reviewed in

22 the year in which the report is submitted pursuant

23 to the schedule submitted to Congress under section

24 2;
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1 (2) recommendations on whether each such

2 agency should be abolished or reorganized;

3 (3) recommendations on whether the functions

4 of any other agencies should be consolidated, trans5 ferred, or reorganized in an agency to be reviewed

6 in the year in which the report is submitted pursu7 ant to the schedule submitted to Congress under

8 section 2; and

9 (4) recommendations for administrative and

10 legislative action with respect to each such agency.

11 (c) DRAFT LEGISLATION.—The Commission shall

12 submit to Congress and the President not later than Sep13 tember 1 of each year a draft of legislation to carry out

14 the recommendations of the Commission under subsection

15 (b).

16 (d) INFORMATION GATHERING.—The Commission

17 shall—

18 (1) conduct public hearings on the abolishment

19 of each agency reviewed under subsection (b);

20 (2) provide an opportunity for public comment

21 on the abolishment of each such agency;

22 (3) require the agency to provide information to

23 the Commission as appropriate; and

24 (4) consult with the General Accounting Office,

25 the Office of Management and Budget, the Comp-
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1 troller General, and the chairman and ranking mi2 nority members of the committees of Congress with

3 oversight responsibility for the agency being re4 viewed regarding the operation of the agency.

5 (e) USE OF PROGRAM INVENTORY.—The Commis6 sion shall use the program inventory prepared under sec7 tion 9 in reviewing the efficiency and public need for each

8 agency under subsection (a).

9 SEC. 5. CRITERIA FOR REVIEW.

10 The Commission shall evaluate the efficiency and

11 public need for each agency pursuant to section 4(a) using

12 the following criteria:

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

14 operation of, the programs carried out by each such

15 agency.

16 (2) Whether the programs carried out by the

17 agency are cost-effective.

18 (3) Whether the agency has acted outside the

19 scope of its original authority, and whether the origi20 nal objectives of the agency have been achieved.

21 (4) Whether less restrictive or alternative meth22 ods exist to carry out the functions of the agency.

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

24 the programs administered by, the agency duplicate
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1 or conflict with the jurisdiction and programs of

2 other agencies.

3 (6) The potential benefits of consolidating pro4 grams administered by the agency with similar or

5 duplicative programs of other agencies, and the po6 tential for consolidating such programs.

7 (7) The number and types of beneficiaries or

8 persons served by programs carried out by the agen9 cy.

10 (8) The extent to which any trends, develop11 ments, and emerging conditions that are likely to af12 fect the future nature and extent of the problems or

13 needs that the programs carried out by the agency

14 are intended to address.

15 (9) The extent to which the agency has com16 plied with the provisions contained in the Govern17 ment Performance and Results Act of 1993 (Pub.

18 Law 103–62; 107 Stat. 285).

19 (10) The promptness and effectiveness with

20 which the agency seeks public input and input from

21 State and local governments on the efficiency and ef22 fectiveness of the performance of the functions of

23 the agency.

24 (11) Whether the agency has worked to enact

25 changes in the law that are intended to benefit the
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1 public as a whole rather than the specific business,

2 institution, or individuals that the agency regulates.

3 (12) The extent to which the agency has en4 couraged participation by the public as a whole in

5 making its rules and decisions rather than encour6 aging participation solely by those it regulates.

7 (13) The extent to which the public participa8 tion in rulemaking and decisionmaking of the agency

9 has resulted in rules and decisions compatible with

10 the objectives of the agency.

11 (14) The extent to which the agency complies

12 with section 552 of title 5, United States Code (com13 monly known as the ‘‘Freedom of Information Act’’).

14 (15) The extent to which the agency complies

15 with equal employment opportunity requirements re16 garding equal employment opportunity.

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

18 paperwork impacts of the programs carried out by

19 the agency.

20 (17) The extent to which the agency has coordi21 nated with State and local governments in per22 forming the functions of the agency.

23 (18) The potential effects of abolishing the

24 agency on State and local governments.
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1 (19) The extent to which changes are necessary

2 in the authorizing statutes of the agency in order

3 that the functions of the agency can be performed

4 in the most efficient and effective manner.

5 SEC. 6. COMMISSION OVERSIGHT.

6 (a) MONITORING OF IMPLEMENTATION OF REC7 OMMENDATIONS.—The Commission shall monitor imple8 mentation of laws enacting provisions that incorporate rec9 ommendations of the Commission with respect to abolish10 ment or reorganization of agencies.

11 (b) MONITORING OF OTHER RELEVANT LEGISLA12 TION.—

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

14 and report to Congress on all legislation introduced

15 in either house of Congress that would establish—

16 (A) a new agency;

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

18 existing agency.

19 (2) REPORT TO CONGRESS.—The Commission

20 shall include in each report submitted to Congress

21 under paragraph (1) an analysis of whether—

22 (A) the functions of the proposed agency

23 or program could be carried out by one or more

24 existing agencies;
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1 (B) the functions of the proposed agency

2 or program could be carried out in a less re3 strictive manner than the manner proposed in

4 the legislation; and

5 (C) the legislation provides for public input

6 regarding the performance of functions by the

7 proposed agency or program.

8 SEC. 7. RULEMAKING AUTHORITY.

9 The Commission may promulgate such rules as nec10 essary to carry out this Act.

11 SEC. 8. RELOCATION OF FEDERAL EMPLOYEES.

12 If the position of an employee of an agency is elimi13 nated as a result of the abolishment of an agency in ac14 cordance with this Act, there shall be a reasonable effort

15 to relocate such employee to a position within another

16 agency.

17 SEC. 9. PROGRAM INVENTORY.

18 (a) PREPARATION.—The Comptroller General and

19 the Director of the Congressional Budget Office, in co20 operation with the Director of the Congressional Research

21 Service, shall prepare an inventory of Federal programs

22 (in this Act referred to as the ‘‘program inventory’’) with23 in each agency.

24 (b) PURPOSE.—The purpose of the program inven25 tory is to advise and assist the Congress and the Commis-
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1 sion in carrying out the requirements of this Act. Such

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

3 Senate or the House of Representatives with respect to

4 their responsibilities under this Act and shall not infringe

5 on the legislative and oversight responsibilities of such

6 committees. The Comptroller General shall compile and

7 maintain the inventory and the Director of the Congres8 sional Budget Office shall provide budgetary information

9 for inclusion in the inventory.

10 (c) INVENTORY CONTENT.—The program inventory

11 shall set forth for each program each of the following mat12 ters:

13 (1) The specific provision or provisions of law

14 authorizing the program.

15 (2) The committees of the Senate and the

16 House of Representatives which have legislative or

17 oversight jurisdiction over the program.

18 (3) A brief statement of the purpose or pur19 poses to be achieved by the program.

20 (4) The committees which have jurisdiction over

21 legislation providing new budget authority for the

22 program, including the appropriate subcommittees of

23 the Committees on Appropriations of the Senate and

24 the House of Representatives.
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1 (5) The agency and, if applicable, the subdivi2 sion thereof responsible for administering the pro3 gram.

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

5 program to State and local governments.

6 (7) The next reauthorization date for the pro7 gram.

8 (8) A unique identification number which links

9 the program and functional category structure.

10 (9) The year in which the program was origi11 nally established and, where applicable, the year in

12 which the program expires.

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

14 budget authority for the program was last author15 ized and the year in which current authorizations of

16 new budget authority expire.

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

18 forth for each program whether the new budget authority

19 provided for such programs is—

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

21 (2) authorized in a specific dollar amount but

22 without limit of time;

23 (3) authorized without limit of time or dollar

24 amounts;

25 (4) not specifically authorized; or
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1 (5) permanently provided,

2 as determined by the Director of the Congressional

3 Budget Office.

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

5 of programs, the program inventory also shall include in6 formation prepared by the Director of the Congressional

7 Budget Office indicating each of the following matters:

8 (1) The amounts of new budget authority au9 thorized and provided for the program for each of

10 the preceding four fiscal years and, where applicable,

11 the four succeeding fiscal years.

12 (2) The functional and subfunctional category

13 in which the program is presently classified and was

14 classified under the fiscal year 1999 budget.

15 (3) The identification code and title of the ap16 propriation account in which budget authority is

17 provided for the program.

18 (f) MUTUAL EXCHANGE OF INFORMATION.—The

19 General Accounting Office, the Congressional Research

20 Service, and the Congressional Budget Office shall permit

21 the mutual exchange of available information in their pos22 session which would aid in the compilation of the program

23 inventory.

24 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of25 fice of Management and Budget, and the Executive agen-
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1 cies and the subdivisions thereof shall, to the extent nec2 essary and possible, provide the General Accounting Office

3 with assistance requested by the Comptroller General in

4 the compilation of the program inventory.

5 SEC. 10. DEFINITION OF AGENCY.

6 As used in this Act, the term ‘‘agency’’ has the mean7 ing given that term by section 105 of title 5, United States

8 Code, except that such term includes an advisory com9 mittee as that term is defined in section 3(2) of the Fed10 eral Advisory Committee Act.

11 SEC. 11. OFFSET OF AMOUNTS APPROPRIATED.

12 Amounts appropriated to carry out this Act shall be

13 offset by a reduction in amounts appropriated to carry out

14 programs of other Federal agencies.

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