(2) OBTAINING INFORMATION.— 
(A) IN GENERAL.—The Commission may 
secure directly from any agency or advisory 
committee information necessary to enable it to 
carry out its duties under this Act. 
(B) FURNISHING
INFORMATION.—On re-
quest of the Chairperson of the Commission, 
the head of the agency, or the Chair of the ad-
visory committee shall furnish information to 
the Commission in a full and timely manner. 
(3) SUBPOENA POWER.— 
(A) AUTHORITY
TO
ISSUE
SUBPOENA.— 
The Commission may issue a subpoena to re-
quire the attendance and testimony of witnesses 
and the production of evidence relating to any 
matter under investigation by the Commission. 
(B) COMPLIANCE WITH SUBPOENA.—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 com-
ply with the subpoena or order. 
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(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 6101 of title 41, United States Code 
(relating to advertising requirement for Federal Gov-
ernment purchases and sales). 
(h) COMMISSION PROCEDURES.— 
(1) INITIAL MEETING.—Not later than 45 days 
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold 
the first meeting of the Commission. 
(2) MEETINGS.—The Commission shall meet at 
the call of the Chairman and not less than 2 times 
per year. 
(3) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum. 
(4) VOTING.—The schedule for review sub-
mitted pursuant to section 2(a) and the report and 
joint resolution submitted pursuant to section 4 
shall have the approval of not less than a majority 
of the members of the Commission. 
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(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 applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
(3) DIRECTOR.—The Commission shall have an 
executive director who shall be appointed and termi-
nated by the Chairperson of the Commission. 
(A) The executive director must be con-
firmed by a vote of at least seven members of 
the Commission. 
(B) The Director may appoint and fix the 
pay of additional personnel as the Director con-
siders appropriate. 
(4) 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-chap-
ter III of chapter 53 of that title relating to classi-
fication and General Schedule pay rates. 
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(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 Federal Government. 
(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. 
(4) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty. 
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 using criteria 
described in section 5. 
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(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) an analysis of authority claimed by the ex-
ecutive branch but not specifically authorized by 
statute; 
(3) recommendations on whether each such 
agency should be abolished, reorganized, or contin-
ued; 
(4) 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 
(5) recommendations for administrative and 
legislative action with respect to each such agency, 
but not including recommendations for appropriation 
levels. 
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(c) JOINT RESOLUTION.—The Commission shall sub-
mit to Congress and the President not later than Sep-
tember 1 of each year a joint resolution 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 Accountability Of-
fice, the Office of Management and Budget, the 
Comptroller General, and the chairman and ranking 
minority 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). 
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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. 
(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. 
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(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 applicable provisions contained in sec-
tions 1115, 1116, 1117, 1120, 1121, 1122, 1123, 
1124, 1125, and the first 9703 of title 31, United 
States Code, section 306 of title 5, United States 
Code, and chapter 28 of title 39, United States 
Code. 
(10) The promptness and effectiveness with 
which the agency seeks public input and input from 
State and local governments on the efficiency and ef-
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. 
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(13) The extent to which the public participa-
tion in rulemaking and decision making of the agen-
cy has resulted in rules and decisions compatible 
with the objectives of the agency. 
(14) The extent to which the agency complies 
with equal employment opportunity requirements re-
garding equal employment opportunity. 
(15) The extent of the regulatory, privacy, and 
paperwork impacts of the programs carried out by 
the agency. 
(16) The extent to which the agency has coordi-
nated with State and local governments in per-
forming the functions of the agency. 
(17) The potential effects of abolishing the 
agency on State and local governments. 
(18) 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. OVERSIGHT BY COMMISSION. 
(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. 
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(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. 
(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. DISPOSITION OF AGENCY AFFAIRS. 
The President, in consultation with the head of an 
agency determined to be abolished pursuant to section 
2(c), shall take such action as may be necessary to wind 
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down the operation of such agency during the one year 
period following the date of abolishment for each such 
agency including the designation of an agency to carry out 
any ongoing authority, maintain custodial records, act as 
a party to unresolved legal actions, or other obligations 
that cannot be resolved within one year. 
SEC. 8. PROGRAM INVENTORY. 
(a) PREPARATION.—The Comptroller General and 
the Director of the Congressional Budget Office, in co-
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. 
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mit the review joint resolution is not in order. 
A motion to reconsider the vote by which the 
joint resolution is agreed to or not agreed to is 
not in order. 
(2) CONSIDERATION BY OTHER HOUSE.—If, be-
fore the passage by one House of the joint resolution 
that was introduced in such House, such House re-
ceives from the other House a joint resolution as 
passed by such other House— 
(A) the joint resolution of the other House 
shall not be referred to a committee and may 
only be considered for final passage in the 
House that receives it under subparagraph (C); 
(B) the procedure in the House in receipt 
of the joint resolution of the other House, shall 
be the same as if no joint resolution had been 
received from the other House; and 
(C) notwithstanding subparagraph (B), the 
vote on final passage shall be on the joint reso-
lution of the other House. 
(3) DISPOSITION.—Upon disposition of a joint 
resolution that is received by one House from the 
other House, it shall no longer be in order to con-
sider the joint resolution that was introduced in the 
receiving House. 
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