I 
112TH CONGRESS 
1ST SESSION 
H. R. 606 
To establish a Commission to provide for the abolishment of Federal programs 
for which a public need does not exist, to periodically review the efficiency 
and public need for Federal programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 10, 2011 
Mr. SCHOCK (for himself, Mr. COOPER, Mr. WALSH of Illinois, and Mr. 
QUIGLEY) introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform 
A BILL 
To establish a Commission to provide for the abolishment 
of Federal programs for which a public need does not 
exist, to periodically review the efficiency and public need 
for Federal programs, and for other purposes. 
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 Program Sun-
set Commission Act’’. 
SEC. 2. FEDERAL PROGRAM SUNSET COMMISSION. 
(a) ESTABLISHMENT OF COMMISSION.— 
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(1) ESTABLISHMENT.—There is established a 
commission to be known as the Federal Program 
Sunset Commission (in this section referred to as 
the ‘‘Commission’’). 
(2) COMPOSITION.—The Commission shall be 
composed of 10 members (in this section referred to 
as the ‘‘members’’) appointed by the President, by 
and with the advice and consent of the Senate, as 
follows: 
(A) 5 members shall be former Members of 
Congress (not more than 3 of whom may be of 
the same political party). 
(B) 5 members (not more than 3 of whom 
may be of the same political party) shall be an 
individual— 
(i) who is not a former Member of 
Congress; and 
(ii) with expertise in the operation 
and administration of Federal programs, 
such as a former Comptroller General, a 
former Director of the Office of Manage-
ment and Budget, a former State gov-
ernor, a former agency secretary or under-
secretary, or a former head of a business. 
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(3) LIST
OF
NOMINEES.—Not later than 30 
days after the date of the enactment of this Act or 
the date on which there is a vacancy in the Commis-
sion, the Speaker of the House of Representatives 
and the majority leader of the Senate, in consulta-
tion with the minority leader of the House of Rep-
resentatives and the minority leader of the Senate, 
shall submit to the President a list of recommended 
nominees for appointment under paragraph (2). 
(4) APPOINTMENTS.—All appointments to the 
Commission shall be made not later than 30 days 
after the date on which the list of nominees under 
paragraph (3) is received by the President. 
(5) CHAIRMAN; VICE CHAIRMAN.—The Chair-
man and Vice Chairman of the Commission shall be 
designated by the President at the time of appoint-
ment from among the members appointed under 
paragraph (2). The term of office of the Chairman 
and Vice Chairman shall be 2 years. 
(6) TERMS OF MEMBERS.— 
(A) FORMER MEMBERS OF CONGRESS.— 
Each member appointed to the Commission who 
is a former Member of Congress shall serve for 
a term of 6 years. 
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(B) OTHER MEMBERS.—Each member of 
the Commission who is not a former Member of 
Congress shall serve for a term of 3 years. 
(C) TERM LIMIT.—(i) A member of the 
Commission who is a former Member of Con-
gress and who serves more than 3 years of a 
term may not be appointed to another term as 
a member. 
(ii) A member of the Commission who is 
not a former Member of Congress and who 
serves as a member of the Commission for more 
than 56 months may not be appointed to an-
other term as a member. 
(7) VACANCIES.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. A vacancy in the Commission shall be filled 
in the manner in which the original appointment was 
made. 
(8) POWERS OF COMMISSION.— 
(A) HEARINGS AND SESSIONS.—The Com-
mission may, for the purpose of carrying out 
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this section, hold such hearings, sit and act at 
such times and places, take such testimony, and 
receive such evidence as the Commission con-
siders appropriate. The Commission may ad-
minister oaths to witnesses appearing before it. 
(B) OBTAINING INFORMATION.—The Com-
mission may secure directly from any agency of 
the United States information necessary to en-
able it to carry out its duties under this section. 
Upon request of any member, the head of that 
agency shall furnish that information to the 
Commission in a full and timely manner. 
(C) SUBPOENA POWER.—(i) The Commis-
sion may issue a subpoena to require the at-
tendance and testimony of witnesses and the 
production of evidence relating to any matter 
under investigation by the Commission. 
(ii) If a person refuses to obey an order or 
subpoena of the Commission that is issued in 
connection with a Commission proceeding, the 
Commission may apply to the United States 
district court in the judicial district in which 
the proceeding is held for an order requiring 
the person to comply with the subpoena or 
order. 
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(D) 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 witnesses). 
(E) CONTRACT
AUTHORITY.—The Com-
mission may contract with and compensate gov-
ernment and private agencies or persons for 
services without regard to section 3709 of the 
Revised Statutes (41 U.S.C. 5). 
(9) COMMISSION PROCEDURES.— 
(A) MEETINGS.—The Commission shall 
meet at the call of the Chairman. 
(B) QUORUM.—Eight members of the 
Commission shall constitute a quorum but a 
lesser number may hold hearings. 
(C) DECISIONS.—Decisions of the Com-
mission shall be made according to the vote of 
not less than a majority of the members who 
are present and voting at a meeting called pur-
suant to subparagraph (A). 
(10) PERSONNEL MATTERS.— 
(A) COMPENSATION.—Members shall not 
be paid by reason of their service as members. 
(B) TRAVEL
EXPENSES.—Each member 
shall receive travel expenses, including per diem 
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in lieu of subsistence, in accordance with sec-
tions 5702 and 5703 of title 5, United States 
Code. 
(C) 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. 
(D) STAFF.—The Director may appoint 
and fix the pay of additional personnel as the 
Director considers appropriate. 
(E) 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, gov-
erning appointments in the competitive service, 
and shall be paid in accordance with the provi-
sions of chapter 51 and subchapter III of chap-
ter 53 of that title relating to classification and 
General Schedule pay rates. 
(11) OTHER ADMINISTRATIVE MATTERS.— 
(A) POSTAL
AND
PRINTING
SERVICES.— 
The Commission may use the United States 
mails and obtain printing and binding services 
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in the same manner and under the same condi-
tions as other agencies of the United States. 
(B) 
ADMINISTRATIVE
SUPPORT
SERV-
ICES.—Upon the request of the Commission, 
the Administrator of General Services shall pro-
vide to the Commission, on a reimbursable 
basis, the administrative support services nec-
essary for the Commission to carry out its du-
ties under this section. 
(C) EXPERTS
AND
CONSULTANTS.—The 
Commission may procure temporary and inter-
mittent services under section 3109(b) of title 
5, United States Code. 
(b) REVIEW AND ABOLISHMENT OF FEDERAL PRO-
GRAMS.— 
(1) RECOMMENDATIONS; 
REPORT
TO
CON-
GRESS.—Not later than 6 months after the date of 
the enactment of this Act or September 1, whichever 
comes later, and September 1 of each year there-
after, the Federal Program Sunset Commission es-
tablished under subsection (a) shall submit to Con-
gress and the President a report containing— 
(A) a list of the Federal programs, if any, 
the Commission recommends to be abolished; 
and 
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(B) a review of the efficiency of operation 
and public need for each Federal program in 
accordance with the criteria described in sub-
section (c) that shall be referred to the appro-
priate committees of the Congress, including 
recommendations— 
(i) on whether the functions of a Fed-
eral program should be consolidated, trans-
ferred, or reorganized in another Federal 
program; and 
(ii) for administrative and legislative 
action with respect to each Federal pro-
gram. 
(2) ABOLISHMENT OF FEDERAL PROGRAMS AND 
DEADLINE FOR ABOLISHMENT.—Not later than 6 
months after the date on which the Commission sub-
mits a report pursuant to paragraph (1), all Federal 
programs on the list the Commission recommends to 
be abolished shall be abolished, unless the Federal 
program is reauthorized by the Congress after the 
submission of such report. 
(3) DRAFT
LEGISLATION.—The Commission 
shall submit to Congress and the President not later 
than September 1 of each year a draft of legislation 
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to carry out the recommendations of the Commission 
under clauses (i) and (ii) of paragraph (1)(B). 
(4) INFORMATION GATHERING.—The Commis-
sion shall— 
(A) conduct public hearings on the abolish-
ment of each Federal program reviewed under 
paragraph (1); 
(B) provide an opportunity for public com-
ment on the abolishment of each such Federal 
program; 
(C) require the agency that administers 
the Federal program to provide information to 
the Commission, as appropriate; and 
(D) consult with the Comptroller General, 
the Office of Management and Budget, and the 
chairman and ranking minority members of the 
committees of Congress with oversight responsi-
bility for the Federal program being reviewed 
regarding the operation of the Federal program. 
(5) USE OF PROGRAM INVENTORY.—The Com-
mission shall use the program inventory prepared 
under subsection (f) in reviewing the efficiency and 
public need for each Federal program under para-
graph (1). 
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(c) CRITERIA FOR REVIEW.—The Commission shall 
evaluate the efficiency and public need for each Federal 
program pursuant to subsection (b) using the following 
criteria: 
(1) The effectiveness and the efficiency of the 
operation of the Federal program. 
(2) Whether the Federal program is cost-effec-
tive. 
(3) Whether less restrictive or alternative meth-
ods exist to carry out the functions of the Federal 
program. 
(4) The extent to which the Federal program 
duplicates another Federal program. 
(5) The potential benefits of consolidating the 
Federal program with similar or duplicative pro-
grams of other agencies, and the potential for con-
solidating such programs. 
(6) The number and types of beneficiaries or 
persons served by the Federal program. 
(7) The extent to which any trends, develop-
ments, and emerging conditions are likely to affect 
the future nature and extent of the problems or 
needs that the Federal program is intended to ad-
dress. 
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(8) The extent to which the agency that admin-
isters the Federal program has complied with— 
(A) sections 1115, 1116, 1117, 1120, 
1121, 1122, 1123, 1124, 1125, and the first 
section 9703 of title 31, United States Code; 
(B) section 306 of title 5, United States 
Code; and 
(C) this Act. 
(9) The promptness and effectiveness with 
which the Federal program seeks public input and 
input from State and local governments on the effi-
ciency and effectiveness of the Federal program. 
(10) Whether the Federal program has worked 
to enact changes in the law that are intended to ben-
efit the public as a whole. 
(11) The extent to which the Federal program 
has encouraged participation by the public as a 
whole. 
(12) The extent to which the Federal program 
complies with equal employment opportunity require-
ments. 
(13) The extent of the regulatory, privacy, and 
paperwork impacts of the Federal program. 
(14) The extent to which the Federal program 
has coordinated with State and local governments. 
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(15) The potential effects of abolishing the 
Federal program on State and local governments. 
(16) The extent to which changes are necessary 
in the authorizing statutes of the Federal program 
in order that the functions of the Federal program 
can be performed in the most efficient and effective 
manner. 
(17) The extent to which an agency has dem-
onstrated using objective and measurable criteria 
that the program has contributed to meeting the 
goals identified pursuant to section 1120(a) of title 
31, United States Code. 
(18) The extent to which the Federal program 
has helped or hindered job creation and the con-
tribution of such program to economic growth. 
(d) COMMISSION OVERSIGHT OF IMPLEMENTATION 
OF RECOMMENDATIONS.—The Commission shall monitor 
implementation of laws enacting provisions that incor-
porate recommendations of the Commission with respect 
to abolishment or reorganization of Federal programs. 
(e) RULEMAKING
AUTHORITY.—The Commission 
may promulgate such rules as necessary to carry out this 
section. 
(f) PROGRAM INVENTORY.— 
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(A) The specific provision or provisions of 
law authorizing the program. 
(B) The committees of the Senate and the 
House of Representatives which have legislative 
or oversight jurisdiction over the program. 
(C) A brief statement of the purpose or 
purposes to be achieved by the program. 
(D) The committees which have jurisdic-
tion over legislation providing new budget au-
thority for the program, including the appro-
priate subcommittees of the Committees on Ap-
propriations of the Senate and the House of 
Representatives. 
(E) The agency and, if applicable, the sub-
division thereof responsible for administering 
the program. 
(F) The grants-in-aid, if any, provided by 
such program to State and local governments. 
(G) The next reauthorization date for the 
program. 
(H) A unique identification number which 
links the program and functional category 
structure. 
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(I) The year in which the program was 
originally established and, where applicable, the 
year in which the program expires. 
(J) Where applicable, the year in which 
new budget authority for the program was last 
authorized and the year in which current au-
thorizations of new budget authority expire. 
(4) BUDGET
AUTHORITY.—The report also 
shall set forth for each program whether the new 
budget authority provided for such program is— 
(A) authorized for a definite period of 
time; 
(B) authorized in a specific dollar amount 
but without limit of time; 
(C) authorized without limit of time or dol-
lar amounts; 
(D) not specifically authorized; or 
(E) permanently provided, 
as determined by the Director of the Congressional 
Budget Office. 
(5) CBO INFORMATION.—For each program or 
group of programs, the program inventory also shall 
include information prepared by the Director of the 
Congressional Budget Office indicating each of the 
following matters: 
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(A) The amounts of new budget authority 
authorized and provided for the program for 
each of the preceding 4 fiscal years and, where 
applicable, the 4 succeeding fiscal years. 
(B) The functional and subfunctional cat-
egory in which the program is presently classi-
fied under the budget. 
(C) The identification code and title of the 
appropriation account in which budget author-
ity is provided for the program. 
(6) MUTUAL
EXCHANGE
OF
INFORMATION.— 
The Government Accountability Office, the Congres-
sional Research Service, and the Congressional 
Budget Office shall permit the mutual exchange of 
available information in their possession which would 
aid in the compilation of the program inventory. 
(7) ASSISTANCE BY EXECUTIVE BRANCH.—The 
Office of Management and Budget, and the agencies 
and the subdivisions thereof, shall, to the extent nec-
essary and possible, provide the Government Ac-
countability Office with assistance requested by the 
Comptroller General in the compilation of the pro-
gram inventory. 
(g) DEFINITION OF AGENCY.—As used in this sec-
tion, the term ‘‘agency’’ has the meaning given the term 
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‘‘Executive agency’’ by section 105 of title 5, United 
States Code, except that such term includes an advisory 
committee as that term is defined in section 3(2) of the 
Federal Advisory Committee Act (5 U.S.C. App.). 
(h) AMOUNTS APPROPRIATED.— 
(1) OFFSET.—Amounts appropriated to carry 
out this section shall be offset by a reduction in 
amounts appropriated to carry out Federal pro-
grams abolished pursuant to subsection (b)(2) of 
this Act. 
(2) ABOLISHED FEDERAL PROGRAM.—None of 
the funds appropriated or otherwise made available 
to an agency in any fiscal year may be used to fund 
a Federal program that has been abolished pursuant 
to this section. A Federal program abolished pursu-
ant to this section may not be funded without an ex-
press reauthorization. 
(3) REMAINING FUNDING FOR AN ABOLISHED 
FEDERAL PROGRAM.—Any unobligated amounts for 
the current fiscal year for an abolished Federal pro-
gram shall be returned to the General Fund of the 
Treasury. 
Æ 
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