ule, unless the agency is reauthorized by the
Congress.
(2) EXTENSION.—The deadline for abolishing
an agency may be extended for an additional two
years after the date described in paragraph (1)(B)
if the Congress enacts legislation extending such
deadline by a vote of a super majority of the House
of Representatives and the Senate.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Federal Agency Sunset Com-
mission’’.
(b) COMPOSITION.—The Commission shall be com-
posed of 12 members (in this Act referred to as the ‘‘mem-
bers’’) who shall be appointed as follows:
(1) Six members shall be appointed by the
Speaker of the House of Representatives, one of
whom may include the Speaker of the House of Rep-
resentatives, with minority members appointed with
the consent of the minority leader of the House of
Representatives.
(2) Six members shall be appointed by the ma-
jority leader of the Senate, one of whom may include
the majority leader of the Senate, with minority
members appointed with the consent of the minority
leader of the Senate.
(c) QUALIFICATIONS OF MEMBERS.—
(1) IN
GENERAL.—(A) Of the members ap-
pointed under subsection (b)(1), four shall be mem-
bers of the House of Representatives (not more than
two of whom may be of the same political party),
and two shall be an individual described in subpara-
graph (C).
(B) Of the members appointed under subsection
(b)(2), four shall be members of the Senate (not
more than two of whom may be of the same political
party) and two shall be an individual described in
subparagraph (C).
(C) An individual under this subparagraph is
an individual—
(i) who is not a member of Congress; and
(ii) with expertise in the operation and ad-
ministration of Government programs.
(2) CONTINUATION
OF
MEMBERSHIP.—If a
member was appointed to the Commission as a
Member of Congress and the member ceases to be
a Member of Congress, that member shall cease to
be a member of the Commission. The validity of any
action of the Commission shall not be affected as a
result of a member becoming ineligible to serve as
a member for the reasons described in this para-
graph.
(d) INITIAL APPOINTMENTS.—All initial appoint-
ments to the Commission shall be made not later than 90
days after the date of the enactment of this Act.
(e) CHAIRMAN; VICE CHAIRMAN.—
(1) INITIAL CHAIRMAN.—An individual shall be
designated by the Speaker of the House of Rep-
resentatives from among the members initially ap-
pointed under subsection (b)(1) to serve as chairman
of the Commission for a period of 2 years.
(2) INITIAL
VICE-CHAIRMAN.—An individual
shall be designated by the majority leader of the
Senate from among the individuals initially ap-
pointed under subsection (b)(2) to serve as vice-
chairman of the Commission for a period of two
years.
(3) ALTERNATE APPOINTMENTS OF CHAIRMEN
AND VICE-CHAIRMEN.—Following the termination of
the two-year period described in paragraphs (1) and
(2), the Speaker and the majority leader shall alter-
nate every two years in appointing the chairman and
vice-chairman of the Commission.
(f) TERMS OF MEMBERS.—
(1) MEMBERS
OF
CONGRESS.—Each member
appointed to the Commission who is a member of
Congress shall serve for a term of six years, except
that, of the members first appointed under para-
graphs (1) and (2) of subsection (b), 2 members
shall be appointed to serve a term of three years
under each such paragraph.
(2) OTHER MEMBERS.—Each member of the
Commission who is not a member of Congress shall
serve for a term of three years.
(3) TERM LIMIT.—(A) A member of the Com-
mission who is a member of Congress and who
serves more than three years of a term may not be
appointed to another term as a member.
(B) A member of the Commission who is not a
member of Congress and who serves as a member of
the Commission for more than 56 months may not
be appointed to another term as a member.
(g) POWERS OF COMMISSION.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this Act,
hold such hearings, sit and act at such times and
places, take such testimony, and receive such evi-
dence as the Commission considers appropriate. The
Commission may administer oaths to witnesses ap-
pearing before it.
(2) OBTAINING
INFORMATION.—The Commis-
sion may secure directly from any department or
agency of the United States information necessary
to enable it to carry out its duties under this Act.
Upon request of the Chairman, the head of that de-
partment or agency shall furnish that information to
the Commission in a full and timely manner.
(3) SUBPOENA POWER.—(A) The Commission
may issue a subpoena to require the attendance and
testimony of witnesses and the production of evi-
dence relating to any matter under investigation by
the Commission.
(B) If a person refuses to obey an order or sub-
poena of the Commission that is issued in connection
with a Commission proceeding, the Commission may
apply to the United States district court in the judi-
cial district in which the proceeding is held for an
order requiring the person to comply with the sub-
poena or order.
(4) IMMUNITY.—The Commission is an agency
of the United States for purposes of part V of title
18, United States Code (relating to immunity of wit-
nesses).
(5) CONTRACT AUTHORITY.—The Commission
may contract with and compensate government and
private agencies or persons for services without re-
gard to section 3709 of the Revised Statutes (41
U.S.C. 5).
(h) COMMISSION PROCEDURES.—
(1) MEETINGS.—The Commission shall meet at
the call of the Chairman.
(2) QUORUM.—Seven members of the Commis-
sion shall constitute a quorum but a lesser number
may hold hearings.
(i) PERSONNEL MATTERS.—
(1) COMPENSATION.—Members shall not be
paid by reason of their service as members.
(2) TRAVEL
EXPENSES.—Each member shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
(3) DIRECTOR.—The Commission shall have a
Director who shall be appointed by the Chairman.
The Director shall be paid at a rate not to exceed
the maximum rate of basic pay payable for GS–15
of the General Schedule.
(4) STAFF.—The Director may appoint and fix
the pay of additional personnel as the Director con-
siders appropriate.
(5) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission
shall be appointed subject to the provisions of title
5, United States Code, governing appointments in
the competitive service, and shall be paid in accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(j) OTHER ADMINISTRATIVE MATTERS.—
(1) POSTAL
AND
PRINTING
SERVICES.—The
Commission may use the United States mails and
obtain printing and binding services in the same
manner and under the same conditions as other de-
partments and agencies of the United States.
(2) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative
support services necessary for the Commission to
carry out its duties under this Act.
(3) EXPERTS AND CONSULTANTS.—The Com-
mission may procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code.
(k) SUNSET OF COMMISSION.—The Commission shall
terminate on December 31, 2026, unless reauthorized by
Congress.
SEC. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL
AGENCIES.
(a) IN GENERAL.—The Commission shall review the
efficiency and public need for each agency in accordance
with the criteria described in section 5.
(b) RECOMMENDATIONS; REPORT TO CONGRESS.—
The Commission shall submit to Congress and the Presi-
dent not later than September 1 of each year a report
containing—
(1) an analysis of the efficiency of operation
and public need for each agency to be reviewed in
the year in which the report is submitted pursuant
to the schedule submitted to Congress under section
2;
(2) recommendations on whether each such
agency should be abolished or reorganized;
(3) recommendations on whether the functions
of any other agencies should be consolidated, trans-
ferred, or reorganized in an agency to be reviewed
in the year in which the report is submitted pursu-
ant to the schedule submitted to Congress under
section 2; and
(4) recommendations for administrative and
legislative action with respect to each such agency.
(c) DRAFT LEGISLATION.—The Commission shall
submit to Congress and the President not later than Sep-
tember 1 of each year a draft of legislation to carry out
the recommendations of the Commission under subsection
(b).
(d) INFORMATION GATHERING.—The Commission
shall—
(1) conduct public hearings on the abolishment
of each agency reviewed under subsection (b);
(2) provide an opportunity for public comment
on the abolishment of each such agency;
(3) require the agency to provide information to
the Commission as appropriate; and
(4) consult with the General Accounting Office,
the Office of Management and Budget, the Comp-
troller General, and the chairman and ranking mi-
nority members of the committees of Congress with
oversight responsibility for the agency being re-
viewed regarding the operation of the agency.
(e) USE OF PROGRAM INVENTORY.—The Commis-
sion shall use the program inventory prepared under sec-
tion 9 in reviewing the efficiency and public need for each
agency under subsection (a).
SEC. 5. CRITERIA FOR REVIEW.
The Commission shall evaluate the efficiency and
public need for each agency pursuant to section 4(a) using
the following criteria:
(1) The effectiveness, and the efficiency of the
operation of, the programs carried out by each such
agency.
(2) Whether the programs carried out by the
agency are cost-effective.
(3) Whether the agency has acted outside the
scope of its original authority, and whether the origi-
nal objectives of the agency have been achieved.
(4) Whether less restrictive or alternative meth-
ods exist to carry out the functions of the agency.
(5) The extent to which the jurisdiction of, and
the programs administered by, the agency duplicate
or conflict with the jurisdiction and programs of
other agencies.
(6) The potential benefits of consolidating pro-
grams administered by the agency with similar or
duplicative programs of other agencies, and the po-
tential for consolidating such programs.
sional Budget Office shall provide budgetary information
for inclusion in the inventory.
(c) INVENTORY CONTENT.—The program inventory
shall set forth for each program each of the following mat-
ters:
(1) The specific provision or provisions of law
authorizing the program.
(2) The committees of the Senate and the
House of Representatives which have legislative or
oversight jurisdiction over the program.
(3) A brief statement of the purpose or pur-
poses to be achieved by the program.
(4) The committees which have jurisdiction over
legislation providing new budget authority for the
program, including the appropriate subcommittees of
the Committees on Appropriations of the Senate and
the House of Representatives.
(5) The agency and, if applicable, the subdivi-
sion thereof responsible for administering the pro-
gram.
(6) The grants-in-aid, if any, provided by such
program to State and local governments.
(7) The next reauthorization date for the pro-
gram.
(8) A unique identification number which links
the program and functional category structure.
(9) The year in which the program was origi-
nally established and, where applicable, the year in
which the program expires.
(10) Where applicable, the year in which new
budget authority for the program was last author-
ized and the year in which current authorizations of
new budget authority expire.
(d) BUDGET AUTHORITY.—The report also shall set
forth for each program whether the new budget authority
provided for such programs is—
(1) authorized for a definite period of time;
(2) authorized in a specific dollar amount but
without limit of time;
(3) authorized without limit of time or dollar
amounts;
(4) not specifically authorized; or
(5) permanently provided,
as determined by the Director of the Congressional
Budget Office.
(e) CBO INFORMATION.—For each program or group
of programs, the program inventory also shall include in-
formation prepared by the Director of the Congressional
Budget Office indicating each of the following matters:
(1) The amounts of new budget authority au-
thorized and provided for the program for each of
the preceding four fiscal years and, where applicable,
the four succeeding fiscal years.
(2) The functional and subfunctional category
in which the program is presently classified and was
classified under the fiscal year 2001 budget.
(3) The identification code and title of the ap-
propriation account in which budget authority is
provided for the program.
(f) MUTUAL EXCHANGE
OF INFORMATION.—The
General Accounting Office, the Congressional Research
Service, and the Congressional Budget Office shall permit
the mutual exchange of available information in their pos-
session which would aid in the compilation of the program
inventory.
(g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of-
fice of Management and Budget, and the Executive agen-
cies and the subdivisions thereof shall, to the extent nec-
essary and possible, provide the General Accounting Office
with assistance requested by the Comptroller General in
the compilation of the program inventory.
SEC. 10. DEFINITION OF AGENCY.
As used in this Act, the term ‘‘agency’’ has the mean-
ing given that term by section 105 of title 5, United States
Code, except that such term includes an advisory com-
mittee as that term is defined in section 3(2) of the Fed-
eral Advisory Committee Act.
SEC. 11. OFFSET OF AMOUNTS APPROPRIATED.
Amounts appropriated to carry out this Act shall be
offset by a reduction in amounts appropriated to carry out
programs of other Federal agencies.
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