I 

110TH CONGRESS 

2D SESSION H. R. 5794 

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 

APRIL 15, 2008 

Mr. BRADY of Texas (for himself, Mr. AKIN, Mr. BACHUS, Mr. BARRETT of 

South Carolina, Mr. BARTLETT of Maryland, Mr. BILBRAY, Mrs. 

BLACKBURN, Mr. BLUNT, Mr. BROUN of Georgia, Ms. GINNY BROWNWAITE of Florida, Mr. BURTON of Indiana, Mr. CAMPBELL of California, 

Mr. CARTER, Mr. CHABOT, Mr. COLE of Oklahoma, Mr. CONAWAY, Mr. 

EDWARDS, Mr. ENGLISH of Pennsylvania, Mr. FEENEY, Mr. FLAKE, Ms. 

FOXX, Mr. GARRETT of New Jersey, Mr. GOHMERT, Mr. GOODE, Mr. 

HALL of Texas, Mr. HENSARLING, Mr. HERGER, Mr. HOEKSTRA, Mr. 

INGLIS of South Carolina, Mr. SAM JOHNSON of Texas, Mr. JONES of 

North Carolina, Mr. KING of Iowa, Mr. KINGSTON, Mr. LAMBORN, Mr. 

MCCAUL of Texas, Mr. MCCOTTER, Mr. MCKEON, Mr. MACK, Mrs. 

BONO MACK, Mr. MARCHANT, Mrs. MYRICK, Mr. MILLER of Florida, Mr. 

MORAN of Kansas, Mr. NEUGEBAUER, Mr. PAUL, Mr. PENCE, Mr. 

PITTS, Mr. PRICE of Georgia, Mr. RYAN of Wisconsin, Mr. SENSENBRENNER, Mr. SESSIONS, Mr. SHIMKUS, Mr. STEARNS, Mr. TERRY, Mr. 

THORNBERRY, Mr. WELLER of Illinois, 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 pubVerDate Aug 31 2005 22:13 Apr 21, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5794.IH H5794

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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; TABLE OF CONTENTS. 

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

5 ‘‘Federal Sunset Act of 2008’’. 

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

7 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. 

8 SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGEN9 CIES. 

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

11 year after the date of the enactment of this Act, the Fed12 eral Agency Sunset Commission established under section 

13 3 (in this Act referred to as the ‘‘Commission’’) shall sub14 mit to Congress a schedule for review by the Commission, 

15 at least once every 12 years (or less, if determined appro16 priate by Congress), of the abolishment or reorganization 

17 of each agency. 


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1 (b) REVIEW OF AGENCIES PERFORMING RELATED

2 FUNCTIONS.—In determining the schedule for review of 

3 agencies under subsection (a), the Commission shall pro4 vide that agencies that perform similar or related func5 tions be reviewed concurrently to promote efficiency and 

6 consolidation. 

7 (c) ABOLISHMENT OF AGENCIES.— 

8 (1) IN GENERAL.—Each agency shall— 

9 (A) be reviewed according to the schedule 

10 created pursuant to this section; and 

11 (B) be abolished not later than one year 

12 after the date that the Commission completes 

13 its review of the agency pursuant to such sched14 ule, unless the agency is reauthorized by the 

15 Congress. 

16 (2) EXTENSION.—The deadline for abolishing 

17 an agency may be extended for an additional two 

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

19 if the Congress enacts legislation extending such 

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

21 of Representatives and the Senate. 

22 SEC. 3. ESTABLISHMENT OF COMMISSION. 

23 (a) ESTABLISHMENT.—There is established a com24 mission to be known as the ‘‘Federal Agency Sunset Com25 mission’’. 


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1 (b) COMPOSITION.—The Commission shall be com2 posed of 12 members (in this Act referred to as the ‘‘mem3 bers’’) who shall be appointed as follows: 

4 (1) Six members shall be appointed by the 

5 Speaker of the House of Representatives, one of 

6 whom may include the Speaker of the House of Rep7 resentatives, with minority members appointed with 

8 the consent of the minority leader of the House of 

9 Representatives. 

10 (2) Six members shall be appointed by the ma11 jority leader of the Senate, one of whom may include 

12 the majority leader of the Senate, with minority 

13 members appointed with the consent of the minority 

14 leader of the Senate. 

15 (c) QUALIFICATIONS OF MEMBERS.— 

16 (1) IN GENERAL.—(A) Of the members ap17 pointed under subsection (b)(1), four shall be mem18 bers of the House of Representatives (not more than 

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

20 and two shall be an individual described in subpara21 graph (C). 

22 (B) Of the members appointed under subsection 

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

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


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1 party) and two shall be an individual described in 

2 subparagraph (C). 

3 (C) An individual under this subparagraph is 

4 an individual— 

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

6 (ii) with expertise in the operation and ad7 ministration of Government programs. 

8 (2) CONTINUATION OF MEMBERSHIP.—If a 

9 member was appointed to the Commission as a 

10 Member of Congress and the member ceases to be 

11 a Member of Congress, that member shall cease to 

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

13 action of the Commission shall not be affected as a 

14 result of a member becoming ineligible to serve as 

15 a member for the reasons described in this para16 graph. 

17 (d) INITIAL APPOINTMENTS.—All initial appoint18 ments to the Commission shall be made not later than 90 

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

20 (e) CHAIRMAN; VICE CHAIRMAN.— 

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

22 designated by the Speaker of the House of Rep23 resentatives from among the members initially ap24 pointed under subsection (b)(1) to serve as chairman 

25 of the Commission for a period of 2 years. 


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

2 shall be designated by the majority leader of the 

3 Senate from among the individuals initially ap4 pointed under subsection (b)(2) to serve as vice5 chairman of the Commission for a period of two 

6 years. 

7 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

8 AND VICE-CHAIRMEN.—Following the termination of 

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

10 (2), the Speaker and the majority leader shall alter11 nate every two years in appointing the chairman and 

12 vice-chairman of the Commission. 

13 (f) TERMS OF MEMBERS.— 

14 (1) MEMBERS OF CONGRESS.—Each member 

15 appointed to the Commission who is a member of 

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

17 that, of the members first appointed under para18 graphs (1) and (2) of subsection (b), 2 members 

19 shall be appointed to serve a term of three years 

20 under each such paragraph. 

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

22 Commission who is not a member of Congress shall 

23 serve for a term of three years. 

24 (3) TERM LIMIT.—(A) A member of the Com25 mission who is a member of Congress and who 


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

2 appointed to another term as a member. 

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

4 member of Congress and who serves as a member of 

5 the Commission for more than 56 months may not 

6 be appointed to another term as a member. 

7 (g) POWERS OF COMMISSION.— 

8 (1) HEARINGS AND SESSIONS.—The Commis9 sion may, for the purpose of carrying out this Act, 

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

11 places, take such testimony, and receive such evi12 dence as the Commission considers appropriate. The 

13 Commission may administer oaths to witnesses ap14 pearing before it. 

15 (2) OBTAINING INFORMATION.—The Commis16 sion may secure directly from any department or 

17 agency of the United States information necessary 

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

19 Upon request of the Chairman, the head of that de20 partment or agency shall furnish that information to 

21 the Commission in a full and timely manner. 

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

23 may issue a subpoena to require the attendance and 

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1 dence relating to any matter under investigation by 

2 the Commission. 

3 (B) If a person refuses to obey an order or sub4 poena of the Commission that is issued in connection 

5 with a Commission proceeding, the Commission may 

6 apply to the United States district court in the judi7 cial district in which the proceeding is held for an 

8 order requiring the person to comply with the sub9 poena or order. 

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

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

12 18, United States Code (relating to immunity of wit13 nesses). 

14 (5) CONTRACT AUTHORITY.—The Commission 

15 may contract with and compensate government and 

16 private agencies or persons for services without re17 gard to section 3709 of the Revised Statutes (41 

18 U.S.C. 5). 

19 (h) COMMISSION PROCEDURES.— 

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

21 the call of the Chairman. 

22 (2) QUORUM.—Seven members of the Commis23 sion shall constitute a quorum but a lesser number 

24 may hold hearings. 

25 (i) PERSONNEL MATTERS.— 


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1 (1) COMPENSATION.—Members shall not be 

2 paid by reason of their service as members. 

3 (2) TRAVEL EXPENSES.—Each member shall 

4 receive travel expenses, including per diem in lieu of 

5 subsistence, in accordance with sections 5702 and 

6 5703 of title 5, United States Code. 

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

8 Director who shall be appointed by the Chairman. 

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

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

11 of the General Schedule. 

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

13 the pay of additional personnel as the Director con14 siders appropriate. 

15 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

16 LAWS.—The Director and staff of the Commission 

17 shall be appointed subject to the provisions of title 

18 5, United States Code, governing appointments in 

19 the competitive service, and shall be paid in accord20 ance with the provisions of chapter 51 and sub21 chapter III of chapter 53 of that title relating to 

22 classification and General Schedule pay rates. 

23 (j) OTHER ADMINISTRATIVE MATTERS.— 

24 (1) POSTAL AND PRINTING SERVICES.—The 

25 Commission may use the United States mails and 


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1 obtain printing and binding services in the same 

2 manner and under the same conditions as other de3 partments and agencies of the United States. 

4 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

5 Upon the request of the Commission, the Adminis6 trator of General Services shall provide to the Com7 mission, on a reimbursable basis, the administrative 

8 support services necessary for the Commission to 

9 carry out its duties under this Act. 

10 (3) EXPERTS AND CONSULTANTS.—The Com11 mission may procure temporary and intermittent 

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

13 States Code. 

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

15 terminate on December 31, 2033, unless reauthorized by 

16 Congress. 

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

18 AGENCIES. 

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

20 efficiency and public need for each agency in accordance 

21 with the criteria described in section 5. 

22 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

23 The Commission shall submit to Congress and the Presi24 dent not later than September 1 of each year a report 

25 containing— 


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1 (1) an analysis of the efficiency of operation 

2 and public need for each agency to be reviewed in 

3 the year in which the report is submitted pursuant 

4 to the schedule submitted to Congress under section 

5 2; 

6 (2) recommendations on whether each such 

7 agency should be abolished or reorganized; 

8 (3) recommendations on whether the functions 

9 of any other agencies should be consolidated, trans10 ferred, or reorganized in an agency to be reviewed 

11 in the year in which the report is submitted pursu12 ant to the schedule submitted to Congress under 

13 section 2; and 

14 (4) recommendations for administrative and 

15 legislative action with respect to each such agency, 

16 but not including recommendations for appropriation 

17 levels. 

18 (c) DRAFT LEGISLATION.—The Commission shall 

19 submit to Congress and the President not later than Sep20 tember 1 of each year a draft of legislation to carry out 

21 the recommendations of the Commission under subsection 

22 (b). 

23 (d) INFORMATION GATHERING.—The Commission 

24 shall— 


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1 (1) conduct public hearings on the abolishment 

2 of each agency reviewed under subsection (b); 

3 (2) provide an opportunity for public comment 

4 on the abolishment of each such agency; 

5 (3) require the agency to provide information to 

6 the Commission as appropriate; and 

7 (4) consult with the General Accounting Office, 

8 the Office of Management and Budget, the Comp9 troller General, and the chairman and ranking mi10 nority members of the committees of Congress with 

11 oversight responsibility for the agency being re12 viewed regarding the operation of the agency. 

13 (e) USE OF PROGRAM INVENTORY.—The Commis14 sion shall use the program inventory prepared under sec15 tion 9 in reviewing the efficiency and public need for each 

16 agency under subsection (a). 

17 SEC. 5. CRITERIA FOR REVIEW. 

18 The Commission shall evaluate the efficiency and 

19 public need for each agency pursuant to section 4 using 

20 the following criteria: 

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

22 operation of, the programs carried out by each such 

23 agency. 

24 (2) Whether the programs carried out by the 

25 agency are cost-effective. 


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1 (3) Whether the agency has acted outside the 

2 scope of its original authority, and whether the origi3 nal objectives of the agency have been achieved. 

4 (4) Whether less restrictive or alternative meth5 ods exist to carry out the functions of the agency. 

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

7 the programs administered by, the agency duplicate 

8 or conflict with the jurisdiction and programs of 

9 other agencies. 

10 (6) The potential benefits of consolidating pro11 grams administered by the agency with similar or 

12 duplicative programs of other agencies, and the po13 tential for consolidating such programs. 

14 (7) The number and types of beneficiaries or 

15 persons served by programs carried out by the agen16 cy. 

17 (8) The extent to which any trends, develop18 ments, and emerging conditions that are likely to af19 fect the future nature and extent of the problems or 

20 needs that the programs carried out by the agency 

21 are intended to address. 

22 (9) The extent to which the agency has com23 plied with the provisions contained in the Govern24 ment Performance and Results Act of 1993 (Public 

25 Law 103–62; 107 Stat. 285). 


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1 (10) The promptness and effectiveness with 

2 which the agency seeks public input and input from 

3 State and local governments on the efficiency and ef4 fectiveness of the performance of the functions of 

5 the agency. 

6 (11) Whether the agency has worked to enact 

7 changes in the law that are intended to benefit the 

8 public as a whole rather than the specific business, 

9 institution, or individuals that the agency regulates. 

10 (12) The extent to which the agency has en11 couraged participation by the public as a whole in 

12 making its rules and decisions rather than encour13 aging participation solely by those it regulates. 

14 (13) The extent to which the public participa15 tion in rulemaking and decisionmaking of the agency 

16 has resulted in rules and decisions compatible with 

17 the objectives of the agency. 

18 (14) The extent to which the agency complies 

19 with section 552 of title 5, United States Code (com20 monly known as the ‘‘Freedom of Information Act’’). 

21 (15) The extent to which the agency complies 

22 with equal employment opportunity requirements re23 garding equal employment opportunity. 


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

2 paperwork impacts of the programs carried out by 

3 the agency. 

4 (17) The extent to which the agency has coordi5 nated with State and local governments in per6 forming the functions of the agency. 

7 (18) The potential effects of abolishing the 

8 agency on State and local governments. 

9 (19) The extent to which changes are necessary 

10 in the authorizing statutes of the agency in order 

11 that the functions of the agency can be performed 

12 in the most efficient and effective manner. 

13 SEC. 6. COMMISSION OVERSIGHT. 

14 (a) MONITORING OF IMPLEMENTATION OF REC15 OMMENDATIONS.—The Commission shall monitor imple16 mentation of laws enacting provisions that incorporate rec17 ommendations of the Commission with respect to abolish18 ment or reorganization of agencies. 

19 (b) MONITORING OF OTHER RELEVANT LEGISLA20 TION.— 

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

22 and report to Congress on all legislation introduced 

23 in either house of Congress that would establish— 

24 (A) a new agency; or 


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

2 existing agency. 

3 (2) REPORT TO CONGRESS.—The Commission 

4 shall include in each report submitted to Congress 

5 under paragraph (1) an analysis of whether— 

6 (A) the functions of the proposed agency 

7 or program could be carried out by one or more 

8 existing agencies; 

9 (B) the functions of the proposed agency 

10 or program could be carried out in a less re11 strictive manner than the manner proposed in 

12 the legislation; and 

13 (C) the legislation provides for public input 

14 regarding the performance of functions by the 

15 proposed agency or program. 

16 SEC. 7. RULEMAKING AUTHORITY. 

17 The Commission may promulgate such rules as nec18 essary to carry out this Act. 

19 SEC. 8. RELOCATION OF FEDERAL EMPLOYEES. 

20 If the position of an employee of an agency is elimi21 nated as a result of the abolishment of an agency in ac22 cordance with this Act, there shall be a reasonable effort 

23 to relocate such employee to a position within another 

24 agency. 


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1 SEC. 9. PROGRAM INVENTORY. 

2 (a) PREPARATION.—The Comptroller General and 

3 the Director of the Congressional Budget Office, in co4 operation with the Director of the Congressional Research 

5 Service, shall prepare an inventory of Federal programs 

6 (in this Act referred to as the ‘‘program inventory’’) with7 in each agency. 

8 (b) PURPOSE.—The purpose of the program inven9 tory is to advise and assist the Congress and the Commis10 sion in carrying out the requirements of this Act. Such 

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

12 Senate or the House of Representatives with respect to 

13 their responsibilities under this Act and shall not infringe 

14 on the legislative and oversight responsibilities of such 

15 committees. The Comptroller General shall compile and 

16 maintain the inventory and the Director of the Congres17 sional Budget Office shall provide budgetary information 

18 for inclusion in the inventory. 

19 (c) INVENTORY CONTENT.—The program inventory 

20 shall set forth for each program each of the following mat21 ters: 

22 (1) The specific provision or provisions of law 

23 authorizing the program. 

24 (2) The committees of the Senate and the 

25 House of Representatives which have legislative or 

26 oversight jurisdiction over the program. 


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1 (3) A brief statement of the purpose or pur2 poses to be achieved by the program. 

3 (4) The committees which have jurisdiction over 

4 legislation providing new budget authority for the 

5 program, including the appropriate subcommittees of 

6 the Committees on Appropriations of the Senate and 

7 the House of Representatives. 

8 (5) The agency and, if applicable, the subdivi9 sion thereof responsible for administering the pro10 gram. 

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

12 program to State and local governments. 

13 (7) The next reauthorization date for the pro14 gram. 

15 (8) A unique identification number which links 

16 the program and functional category structure. 

17 (9) The year in which the program was origi18 nally established and, where applicable, the year in 

19 which the program expires. 

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

21 budget authority for the program was last author22 ized and the year in which current authorizations of 

23 new budget authority expire. 


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

2 forth for each program whether the new budget authority 

3 provided for such programs is— 

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

5 (2) authorized in a specific dollar amount but 

6 without limit of time; 

7 (3) authorized without limit of time or dollar 

8 amounts; 

9 (4) not specifically authorized; or 

10 (5) permanently provided, 

11 as determined by the Director of the Congressional Budg12 et Office. 

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

14 of programs, the program inventory also shall include in15 formation prepared by the Director of the Congressional 

16 Budget Office indicating each of the following matters: 

17 (1) The amounts of new budget authority au18 thorized and provided for the program for each of 

19 the preceding four fiscal years and, where applicable, 

20 the four succeeding fiscal years. 

21 (2) The functional and subfunctional category 

22 in which the program is presently classified and was 

23 classified under the fiscal year 2009 budget. 


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1 (3) The identification code and title of the ap2 propriation account in which budget authority is 

3 provided for the program. 

4 (f) MUTUAL EXCHANGE OF INFORMATION.—The 

5 General Accounting Office, the Congressional Research 

6 Service, and the Congressional Budget Office shall permit 

7 the mutual exchange of available information in their pos8 session which would aid in the compilation of the program 

9 inventory. 

10 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of11 fice of Management and Budget, and the Executive agen12 cies and the subdivisions thereof shall, to the extent nec13 essary and possible, provide the General Accounting Office 

14 with assistance requested by the Comptroller General in 

15 the compilation of the program inventory. 

16 SEC. 10. DEFINITION OF AGENCY. 

17 As used in this Act, the term ‘‘agency’’ has the mean18 ing given that term by section 105 of title 5, United States 

19 Code, except that such term includes an advisory com20 mittee as that term is defined in section 102(2) of the 

21 Federal Advisory Committee Act. 


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1 SEC. 11. OFFSET OF AMOUNTS APPROPRIATED. 

2 Amounts appropriated to carry out this Act shall be 

3 offset by a reduction in amounts appropriated to carry out 

4 programs of other Federal agencies. 

Æ 


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