I 
109TH CONGRESS 
1ST SESSION H. R. 3277
To provide for the establishment of the Sunset Commission to review and 
maximize the performance of all Federal agencies and programs. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2005
Mr. BRADY of Texas (for himself, Mr. TOM DAVIS of Virginia, and Mr. POR-
TER) introduced the following bill; which was referred to the Committee 
on Government Reform, and in addition to the Committee on Rules, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide for the establishment of the Sunset Commission 
to review and maximize the performance of all Federal 
agencies and programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Agency Per-
formance Review and Sunset Act’’.
SEC. 2. SUNSET COMMISSION TO REVIEW AND MAXIMIZE 
THE PERFORMANCE OF ALL FEDERAL AGEN-
CIES AND PROGRAMS. 
(a) SCHEDULE FOR REVIEW OF AGENCIES AND PRO-
GRAMS.—The President may submit to Congress a sched-
ule for reviewing the performance of, and need for, execu-
tive branch agencies and programs at least once every 10 
years. In considering the schedule, Congress shall follow 
the expedited review procedures set forth in section 3. 
(b) SUNSET OF EXECUTIVE BRANCH AGENCIES AND 
PROGRAMS.—Each executive branch agency and program 
shall—
(1) be reviewed by the Sunset Commission ac-
cording to the schedule enacted in a joint resolution 
described in section 3(a); and 
(2) except as provided in subsection (h), be 
abolished two years after the date that the President 
submits to Congress the report required pursuant to 
subsection (i) covering the agency or program, un-
less the agency or program is reauthorized by law 
after such submission or the two-year period is ex-
tended for an additional two years by law. 
(c) ESTABLISHMENT
OF COMMISSION.—There is 
hereby established a commission to be known as the ‘‘Sun-
set Commission’’.
(d) MEMBERSHIP, POWERS, AND
OTHER
MAT-
TERS.—
(1) MEMBERSHIP.—
(A) IN
GENERAL.—The Sunset Commis-
sion shall be comprised of seven members, who 
shall be appointed within 180 days after the 
date of enactment of this Act. 
(B) APPOINTMENTS.—The President shall 
appoint the seven members of the Sunset Com-
mission, as follows: 
(i) One in consultation with the ma-
jority leader of the Senate. 
(ii) One in consultation with the mi-
nority leader of the Senate. 
(ii) One in consultation with the 
Speaker of the House of Representatives. 
(iv) One in consultation with the mi-
nority leader of the House of Representa-
tives. 
(v) Three other members. 
(C) CHAIR AND VICE CHAIR.—The Presi-
dent shall designate one member of the Sunset 
Commission to serve as Chair and one member 
as Vice Chair.
(D) LENGTH OF SERVICE.—The members 
of the Sunset Commission shall serve at the 
pleasure of the President. Each member shall 
serve for a term not to exceed three years, un-
less reappointed by the President. 
(E) VACANCIES.—Any vacancy on the 
Commission shall be filled in the manner in 
which the original appointment was made. 
(2) POWERS RELATING TO OBTAINING INFOR-
MATION FROM FEDERAL AGENCIES.—
(A) IN
GENERAL.—The Sunset Commis-
sion is authorized to secure directly from any 
executive department, bureau, agency, board, 
commission, office, independent establishment, 
or instrumentality of the United States Govern-
ment, information, suggestions, estimates, and 
statistics for purposes of carrying out its duties. 
Each department, bureau, agency, board, com-
mission, office, independent establishment, or 
instrumentality shall, to the extent authorized 
by law, furnish such information, suggestions, 
estimates, and statistics directly to the Commis-
sion, upon request made by the chair or any 
other member designated by a majority of the 
Commission.
(B) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information shall be received, 
handled, stored, and disseminated only by mem-
bers of the Commission and its staff consistent 
with all applicable statutes, regulations, and 
Executive orders. 
(3) PUBLIC HEARINGS AND MEETINGS.—
(A) PUBLIC HEARINGS.—The Sunset Com-
mission shall hold public hearings and meetings 
to the extent appropriate. Any such public ses-
sions shall be conducted in a manner consistent 
with the protection of information provided to 
or developed for or by the Commission as re-
quired by any applicable statute, regulation, or 
Executive Order. 
(B) NONAPPLICABILITY OF FEDERAL AD-
VISORY COMMITTEE ACT.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not 
apply to the Sunset Commission. 
(4) INTERNAL PROCEDURES.—
(A) MEETINGS.—The Sunset Commission 
shall meet periodically at the call of the Chair. 
Such meetings may include public sessions as 
described in paragraph (3)(A).
(B) QUORUM.—Four members of the Sun-
set Commission shall constitute a quorum but a 
lesser number may hold hearings. 
(5) PERSONNEL MATTERS.—
(A) TRAVEL EXPENSES.—The members of 
the Commission shall be allowed travel ex-
penses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agen-
cies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their 
homes or regular places of business in the per-
formance of services for the Commission. 
(B) DIRECTOR.—The Chair of the Com-
mission may, without regard to the civil service 
laws and regulations, appoint and terminate a 
Director for the Commission. The Director shall 
be paid at a rate not to exceed the Level II of 
the Executive Schedule. 
(C) STAFF.—The Director may appoint 
and fix the compensation of additional per-
sonnel without regard to chapter 51 and sub-
chapter III of chapter 53 of title 5, United 
States Code, relating to classification of posi-
tions and General Schedule pay rates, except 
that the rate of pay for the Director and other
personnel may not exceed Level II of the Exec-
utive Schedule. 
(D) APPLICABILITY
OF
CERTAIN
CIVIL 
SERVICE LAWS.—The Director and any staff of 
the Commission shall be employees under sec-
tion 2105 of title 5, United States Code, for 
purposes of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(E) DETAIL
OF
GOVERNMENT
EMPLOY-
EES.—Any Federal Government employee may 
be detailed to the Commission without reim-
bursement, and such detail shall be without 
interruption or loss of civil service status or 
privilege. 
(F) PROCUREMENT
OF
TEMPORARY
AND 
INTERMITTENT
SERVICES.—The chair of the 
Commission may procure temporary and inter-
mittent services under section 3109(b) of title 
5, United States Code, at rates for individuals 
which do not exceed the daily equivalent of the 
annual rate of basic pay prescribed for Level II 
of the Executive Schedule under section 5316 
of such title. 
(6) OTHER ADMINISTRATIVE MATTERS.—
(A) POSTAL
AND
PRINTING
SERVICES.—
The Sunset Commission may use the United 
States mails and obtain printing and binding 
services in the same manner and under the 
same conditions as other departments and 
agencies of the United States. 
(B) 
ADMINISTRATIVE
SUPPORT
SERV-
ICES.—Upon the request of the Sunset Com-
mission, the Administrator of General Services 
shall provide to the Sunset Commission, on a 
reimbursable basis, the administrative support 
services necessary for the Sunset Commission to 
carry out its duties. 
(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—Such sums as may be necessary are 
authorized to be appropriated for the purposes 
of carrying out the duties the Commission. 
Such funds shall remain available until ex-
pended. 
(7) SUNSET
OF
COMMISSION.—The Sunset 
Commission shall terminate on December 31, 2026, 
unless reauthorized by law. 
(e) REVIEW OF EFFICIENCY AND NEED FOR EXECU-
TIVE BRANCH AGENCIES AND PROGRAMS.—
(1) IN
GENERAL.—The Sunset Commission 
shall review agencies and programs in accordance 
with the criteria described in subsection (f). The 
Sunset Commission shall consider recommendations 
made by the President to the Commission for im-
proving the performance of the agencies or programs 
being considered. 
(2) USE
OF
EVALUATIONS
AND
ASSESS-
MENTS.—In its deliberations, the Sunset Commis-
sion may consider any publicly available agency or 
program evaluations and assessments, including 
those that the Office of Management and Budget 
has undertaken in consultation with the affected 
agencies of the Federal Government. Such Office of 
Management and Budget assessments shall evaluate 
the purpose, design, strategic plan, management, 
and results of the program, and such other matters 
as the Director of the Office of Management and 
Budget considers appropriate, as well as make rec-
ommendations to improve the efficiency and effec-
tiveness of the assessed programs. 
(3) REPORT TO THE PRESIDENT.—The Sunset 
Commission shall submit to the President not later 
than August 1 of each year a report containing
(A) its assessment of each agency and pro-
gram reviewed during the preceding 12 months 
pursuant to the schedule for review (if any) ap-
proved by a joint resolution described in section 
3(a); and 
(B) its recommendations on how to im-
prove the results that each agency and program 
achieves and whether to abolish any agency or 
program. 
(4) LEGISLATION.—The Sunset Commission 
shall submit to the President with its report any leg-
islation needed to carry out its recommendations. 
(5) PROPOSALS TO ABOLISH AGENCIES OR PRO-
GRAMS.—Prior to recommending the abolition of any 
agency or program, the Sunset Commission should, 
as it considers appropriate: 
(A) conduct public hearings on the merits 
of retaining the agency or program; 
(B) provide an opportunity for public com-
ment on the option of abolishing the agency or 
program; 
(C) offer the affected agency an oppor-
tunity to comment and to provide information 
supporting its views;
(D) review the assessments described in 
paragraph (2) of this Act; and 
(E) consult with the Government Account-
ability Office, the relevant Inspectors General, 
and the relevant committees of Congress. 
(f) CRITERIA FOR REVIEW.—The Sunset Commission 
shall use the following criteria to evaluate each agency or 
program: 
(1) Whether the agency or program as carried 
out by the agency is cost-effective and achieves its 
stated purpose or goals. 
(2) The extent to which any trends, develop-
ments, or emerging conditions affect the need to 
change the mission of the agency or program or the 
way that the mission is being carried out by the 
agency. 
(3) The extent to which the agency or program 
duplicates or conflicts with other Federal agencies, 
State and local government, or the private sector. 
(4) The extent to which the agency coordinates 
effectively with State and local governments in per-
forming the functions of the program. 
(5) The extent to which changes in the author-
izing statutes of the agency or program would im-
prove the performance of the agency or program.
(6) The extent to which changes in the manage-
ment structure of the agency or program or its 
placement in the Executive Branch are needed to 
improve the overall efficiency, effectiveness, or ac-
countability of executive branch operations. 
(g) AGENCY AND PROGRAM INVENTORY–.—
(1) PREPARATION.—Within 6 months after the 
date of the enactment of this Act, the Director of 
the Congressional Research Service, with the assist-
ance of the Comptroller General, shall prepare an in-
ventory of all executive branch agencies and pro-
grams. Six months prior to the time that the Sunset 
Commission is scheduled to begin its review of an 
agency or program, the Director of the Congres-
sional Research Service, with the assistance of the 
Comptroller General, shall update the section of the 
inventory pertaining to that agency or program. 
(2) PURPOSE.—The purpose of the agency and 
program inventory is to advise and assist the Sunset 
Commission, the President, and Congress in car-
rying out the requirements of this Act. 
(3) INVENTORY
CONTENT.—The agency and 
program inventory shall include for each agency and 
program a list of citations of all authorizing statutes 
of the agency or program.
(h) EXEMPTION.—
(1) REGULATIONS.—No regulations to protect 
the environment, health, safety, or civil rights shall 
be abolished under this Act. 
(2) ENFORCEMENT.—No program related to 
enforcing regulations referred to in paragraph (1) 
shall be abolished under this Act unless provision is 
made for the continued enforcement of those regula-
tions. 
(i) SUBMISSION OF COMMISSION REPORT TO CON-
GRESS BY PRESIDENT.—Not later than September 1 of 
each year, the President shall submit to Congress the re-
port submitted to the President by the Commission pursu-
ant to subsection (e)(3) and any legislation needed to ac-
complish the recommendations of the Sunset Commission. 
SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCE-
DURES. 
(a) DEFINITIONS.—
(1) RESOLUTION OF APPROVAL.—For the pur-
poses of this section, the term ‘‘resolution’’ means 
only a joint resolution—
(A) which does not have a preamble; 
(B) the title of which is as follows: ‘‘Joint 
resolution approving the schedule for reviewing 
the performance of, and need for, executive
branch agencies and programs under the Fed-
eral Agency Performance Review and Sunset 
Act’’; 
(C) the matter after the resolving clause of 
which is as follows: ‘‘That Congress approves 
the schedule for reviewing the performance of, 
and need for, executive branch agencies and 
programs on lllll under the Federal 
Agency Performance Review and Sunset Act:’’, 
the blank space being filled in with the appro-
priate date; and 
(D) the remaining text of which consists of 
the complete schedule for the reviews submitted 
under section 2(a). 
(2) LEGISLATIVE
DAY.—For the purposes of 
this section, the term ‘‘legislative day’’ refers to any 
day on which either House of Congress is in session. 
(b) INTRODUCTION AND REFERENCE OF RESOLU-
TION.—
(1) Not later than the first day of session fol-
lowing the day on which a resolution is submitted to 
Congress under section (2)(a)(1), the resolution 
shall be introduced (by request)—
(A) in the House of Representatives by the 
chairman of the Committee on Government Re-
form, or by a member or members of the House 
designated by such chairman; and 
(B) in the Senate by the chairman of the 
Committee on Homeland Security and Govern-
mental Affairs, or by a member of members of 
the Senate designated by such chairman. 
(2) The resolution shall be referred to the Com-
mittee on Government Reform of the House of Rep-
resentatives and the Committee on on Homeland Se-
curity and Governmental Affairs of the Senate (and 
all resolutions with respect to the same schedule for 
reviews shall be referred to the same committee) by 
the Speaker of the House or the President of the 
Senate, as the case may be. The committee shall 
makes its recommendations to the House of Rep-
resentatives or the Senate, respectively, within 75 
calendar days of continuous session of Congress fol-
lowing the date of such resolutions’s introduction. 
(c) EXPEDITED PROCEDURES RELATING
TO DIS-
CHARGE
OF COMMITTEE CONSIDERING RESOLUTION, 
PROCEDURE AFTER REPORT OR DISCHARGE OF COM-
MITTEE, DEBATE, AND VOTE ON FINAL PASSAGE.—Sec-
tions 911 and 912 of title 5, United States Code, shall 
apply to a resolution introduced pursuant to subsection 
(b)(1). In applying such sections—
(1) the term ‘‘resolution’’ means a resolution as 
defined in subsection (a)(1) of this section; and 
(2) the term ‘‘reorganization plan’’ means a leg-
islative proposal containing a schedule for review 
submitted under section 2(a). 
(d) EFFECTIVE DATE, PUBLICATION, EFFECT ON 
OTHER LAWS, PENDING LEGAL PROCEEDINGS, AND UN-
EXPENDED APPROPRIATIONS.—Sections 906 and 907 of 
title 5, United States Code, shall apply to a resolution in-
troduced pursuant to subsection (b)(1). In applying such 
sections—
(1) the term ‘‘resolution’’ means a resolution as 
defined in subsection (a)(1) of this section; and 
(2) the term ‘‘reorganization plan’’ means a leg-
islative proposal containing a schedule for review 
submitted under section 2(a).
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