I 
111TH CONGRESS 
1ST SESSION 
H. R. 393 
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 
JANUARY 9, 2009 
Mr. BRADY of Texas (for himself, Mr. BACHUS, Mr. BARTLETT, Mr. BARTON 
of Texas, Mrs. BIGGERT, Mr. BLUNT, Mr. BURTON of Indiana, Mr. 
COLE, Mr. CONAWAY, Mr. CRENSHAW, Mr. EDWARDS of Texas, Ms. 
FOXX, Mr. GARRETT of New Jersey, Mr. GOHMERT, Mr. HENSARLING, 
Mr. HERGER, Mr. HOEKSTRA, Mr. SAM JOHNSON of Texas, Mr. KING-
STON, Mr. MARCHANT, Mr. MCHENRY, Mrs. MYRICK, Mr. NEUGEBAUER, 
Mr. PENCE, Mr. SENSENBRENNER, Mr. SESSIONS, Mr. TERRY, 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 Commis-
sion for the purpose of reviewing the efficiency and pub-
lic need of such agencies, and to provide for the abolish-
ment of agencies for which a public need does not exist. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Sunset Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGEN-
CIES. 
(a) SCHEDULE FOR REVIEW.—Not later than one 
year after the date of the enactment of this Act, the Fed-
eral Agency Sunset Commission established under section 
3 (in this Act referred to as the ‘‘Commission’’) shall sub-
mit to Congress a schedule for review by the Commission, 
at least once every 12 years (or less, if determined appro-
priate by Congress), of the abolishment or reorganization 
of each agency. 
(b) REVIEW OF AGENCIES PERFORMING RELATED 
FUNCTIONS.—In determining the schedule for review of 
agencies under subsection (a), the Commission shall pro-
vide that agencies that perform similar or related func-
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tions be reviewed concurrently to promote efficiency and 
consolidation. 
(c) ABOLISHMENT OF AGENCIES.— 
(1) IN GENERAL.—Each agency shall— 
(A) be reviewed according to the schedule 
created pursuant to this section; and 
(B) be abolished not later than one year 
after the date that the Commission completes 
its review of the agency pursuant to such sched-
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: 
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(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— 
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(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- 
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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 
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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 
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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 
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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. 
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(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, 2033, 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 
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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, 
but not including recommendations for appropriation 
levels. 
(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; 
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(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 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. 
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(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. 
(7) The number and types of beneficiaries or 
persons served by programs carried out by the agen-
cy. 
(8) The extent to which any trends, develop-
ments, and emerging conditions that are likely to af-
fect the future nature and extent of the problems or 
needs that the programs carried out by the agency 
are intended to address. 
(9) The extent to which the agency has com-
plied with the provisions contained in the Govern-
ment Performance and Results Act of 1993 (Public 
Law 103–62; 107 Stat. 285). 
(10) The promptness and effectiveness with 
which the agency seeks public input and input from 
State and local governments on the efficiency and ef-
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fectiveness of the performance of the functions of 
the agency. 
(11) Whether the agency has worked to enact 
changes in the law that are intended to benefit the 
public as a whole rather than the specific business, 
institution, or individuals that the agency regulates. 
(12) The extent to which the agency has en-
couraged participation by the public as a whole in 
making its rules and decisions rather than encour-
aging participation solely by those it regulates. 
(13) The extent to which the public participa-
tion in rulemaking and decisionmaking of the agency 
has resulted in rules and decisions compatible with 
the objectives of the agency. 
(14) The extent to which the agency complies 
with section 552 of title 5, United States Code (com-
monly known as the ‘‘Freedom of Information Act’’). 
(15) The extent to which the agency complies 
with equal employment opportunity requirements re-
garding equal employment opportunity. 
(16) The extent of the regulatory, privacy, and 
paperwork impacts of the programs carried out by 
the agency. 
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(17) The extent to which the agency has coordi-
nated with State and local governments in per-
forming the functions of the agency. 
(18) The potential effects of abolishing the 
agency on State and local governments. 
(19) The extent to which changes are necessary 
in the authorizing statutes of the agency in order 
that the functions of the agency can be performed 
in the most efficient and effective manner. 
SEC. 6. COMMISSION OVERSIGHT. 
(a) MONITORING
OF IMPLEMENTATION
OF REC-
OMMENDATIONS.—The Commission shall monitor imple-
mentation of laws enacting provisions that incorporate rec-
ommendations of the Commission with respect to abolish-
ment or reorganization of agencies. 
(b) MONITORING OF OTHER RELEVANT LEGISLA-
TION.— 
(1) IN GENERAL.—The Commission shall review 
and report to Congress on all legislation introduced 
in either house of Congress that would establish— 
(A) a new agency; or 
(B) a new program to be carried out by an 
existing agency. 
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(2) REPORT TO CONGRESS.—The Commission 
shall include in each report submitted to Congress 
under paragraph (1) an analysis of whether— 
(A) the functions of the proposed agency 
or program could be carried out by one or more 
existing agencies; 
(B) the functions of the proposed agency 
or program could be carried out in a less re-
strictive manner than the manner proposed in 
the legislation; and 
(C) the legislation provides for public input 
regarding the performance of functions by the 
proposed agency or program. 
SEC. 7. RULEMAKING AUTHORITY. 
The Commission may promulgate such rules as nec-
essary to carry out this Act. 
SEC. 8. RELOCATION OF FEDERAL EMPLOYEES. 
If the position of an employee of an agency is elimi-
nated as a result of the abolishment of an agency in ac-
cordance with this Act, there shall be a reasonable effort 
to relocate such employee to a position within another 
agency. 
SEC. 9. PROGRAM INVENTORY. 
(a) PREPARATION.—The Comptroller General and 
the Director of the Congressional Budget Office, in co-
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operation with the Director of the Congressional Research 
Service, shall prepare an inventory of Federal programs 
(in this Act referred to as the ‘‘program inventory’’) with-
in each agency. 
(b) PURPOSE.—The purpose of the program inven-
tory is to advise and assist the Congress and the Commis-
sion in carrying out the requirements of this Act. Such 
inventory shall not in any way bind the committees of the 
Senate or the House of Representatives with respect to 
their responsibilities under this Act and shall not infringe 
on the legislative and oversight responsibilities of such 
committees. The Comptroller General shall compile and 
maintain the inventory and the Director of the Congres-
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. 
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(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; 
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(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 Budg-
et 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 2009 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 
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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 102(2) of the 
Federal 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. 
Æ 
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