,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #ci  ,,in ,,the ,,house ,,of    
,,representatives  ,january #c1         
#bjai,mr4 ,hudson introduced the        
following bill2 which was referred to   
the ,committee on ,oversight and ,reform
  ,a ,,bill  ,to provide for the        
periodic review of the efficiency and   
public need for ,federal agencies1 to   
establish a commission for the purpose  
of reviewing the efficiency and public  
need of such agencies1 and to provide   
for the abolishment of agencies for     
which a public need does not exist4  #a4
 ,short title2 table of contents  7a7   
,short title ,this ,act may be cited as 
the ,federal ,sunset ,act of #bjai4  7b7
 ,table of contents ,the table of       
contents for this ,act is as follows3   
,sec4 #a4 ,short title2 table of        
contents4 ,sec4 #b4 ,review and         
abolishment of ,federal agencies4 ,sec4 
#c4 ,establishment of ,commission4 ,sec4
 #d4 ,review of efficiency and need for 
,federal agencies4 ,sec4 #e4 ,criteria  

for review4 ,sec4 #f4 ,commission       
oversight4 ,sec4 #g4 ,rulemaking        
authority4 ,sec4 #h4 ,relocation of     
,federal employees4 ,sec4 #i4 ,program  
inventory4 ,sec4 #aj4 ,definition of    
agency4 ,sec4 #aa4 ,offset of amounts   
appropriated4  #b4 ,review and          
abolishment of ,federal agencies  7a7   
,schedule for review ,not later than one
 year after the date of the enactment of
 this ,act1 the ,federal ,agency ,sunset
 ,commission established under section  
#c 7in this ,act referred to as the     
,commission7 shall submit to ,congress a
 schedule for review by the ,commission1
 at least once every #ab years 7or less1
 if determined appropriate by           
,congress71 of the abolishment or       
reorganization of each agency4  7b7     
,review of agencies performing related  
functions ,in determining the schedule  
for review of agencies under subsection 
7a71 the ,commission shall provide that 
agencies that perform similar or related
 functions be reviewed concurrently to  

promote efficiency and consolidation4   
7c7 ,abolishment of agencies  7#a7 ,in  
general ,each agency shall-- 7,a7 be    
reviewed according to the schedule      
created pursuant to this section2 and   
7,b7 be abolished not later than one    
year after the date that the ,commission
 completes its review of the agency     
pursuant to such schedule1 unless the   
agency is reauthorized by the ,congress4
  7#b7 ,extension ,the deadline for     
abolishing an agency may be extended for
 an additional two years after the date 
described in paragraph 7#a77;,b7 if the 
,congress enacts legislation extending  
such deadline by a vote of a super      
majority of the ,house of               
,representatives and the ,senate4  #c4  
,establishment of ,commission  7a7      
,establishment ,there is established a  
commission to be known as the ,federal  
,agency ,sunset ,commission4  7b7       
,composition ,the ,commission shall be  
composed of #ab members 7in this ,act   
referred to as the members7 who shall be

 appointed as follows3  7#a7 ,six       
members shall be appointed by the       
,speaker of the ,house of               
,representatives1 one of whom may       
include the ,speaker of the ,house of   
,representatives1 with minority members 
appointed with the consent of the       
minority leader of the ,house of        
,representatives4  7#b7 ,six members    
shall be appointed by the majority      
leader of the ,senate1 one of whom may  
include the majority leader of the      
,senate1 with minority members appointed
 with the consent of the minority leader
 of the ,senate4  7c7 ,qualifications of
 members  7#a7 ,in general  7,a7 ,of the
 members appointed under subsection     
7b77#a71 four shall be members of the   
,house of ,representatives 7not more    
than two of whom may be of the same     
political party71 and two shall be an   
individual described in subparagraph    
7,c74  7,b7 ,of the members appointed   
under subsection 7b77#b71 four shall be 
members of the ,senate 7not more than   

two of whom may be of the same political
 party7 and two shall be an individual  
described in subparagraph 7,c74  7,c7   
,an individual under this subparagraph  
is an individual-- 7i7 who is not a     
member of ,congress2 and  7ii7 with     
expertise in the operation and          
administration of ,government programs4 
7#b7 ,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 ,congress1   
that member shall cease to be a member  
of the ,commission4 ,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      
paragraph4  7d7 ,initial appointments   
,all initial appointments to the        
,commission shall be made not later than
 #ij days after the date of the         
enactment of this ,act4  7e7 ,chairman2 
vice ,chairman  7#a7 ,initial ,chairman 
,an individual shall be designated by   

the ,speaker of the ,house of           
,representatives from among the members 
initially appointed under subsection    
7b77#a7 to serve as chairman of the     
,commission for a period of #b years4   
7#b7 ,initial vice-chairman ,an         
individual shall be designated by the   
majority leader of the ,senate from     
among the individuals initially         
appointed under subsection 7b77#b7 to   
serve as vice-chairman of the           
,commission for a period of two years4  
7#c7 ,alternate appointments of chairmen
 and vice-chairmen ,following the       
termination of the two-year period      
described in paragraphs 7#a7 and 7#b71  
the ,speaker and the majority leader    
shall alternate every two years in      
appointing the chairman and             
vice-chairman of the ,commission4  7f7  
,terms of members  7#a7 ,members of     
,congress ,each member appointed to the 
,commission who is a member of ,congress
 shall serve for a term of six years1   
except that1 of the members first       

appointed under paragraphs 7#a7 and 7#b7
 of subsection 7b71 #b members shall be 
appointed to serve a term of three years
 under each such paragraph4  7#b7 ,other
 members ,each member of the ,commission
 who is not a member of ,congress shall 
serve for a term of three years4  7#c7  
,term limit  7,a7 ,a member of the      
,commission 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 member4  7,b7 ,a member of the
 ,commission who is not a member of     
,congress and who serves as a member of 
the ,commission for more than #ef months
 may not be appointed to another term as
 a member4  7g7 ,powers of ,commission  
7#a7 ,hearings and sessions ,the        
,commission may1 for the purpose of     
carrying out this ,act1 hold such       
hearings1 sit and act at such times and 
places1 take such testimony1 and receive
 such evidence as the ,commission       
considers appropriate4 ,the ,commission 
may administer oaths to witnesses       

appearing before it4  7#b7 ,obtaining   
information ,the ,commission may secure 
directly from any department or agency  
of the ,united ,states information      
necessary to enable it to carry out its 
duties under this ,act4 ,upon request of
 the ,chairman1 the head of that        
department or agency shall furnish that 
information to the ,commission in a full
 and timely manner4  7#c7 ,subpoena     
power  7,a7 ,the ,commission may issue a
 subpoena to require the attendance and 
testimony of witnesses and the          
production of evidence relating to any  
matter under investigation by the       
,commission4  7,b7 ,if a person refuses 
to obey an order or subpoena of the     
,commission that is issued in connection
 with a ,commission proceeding1 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 order4  7#d7
 ,immunity ,the ,commission is an agency

 of the ,united ,states for purposes of 
part ,v of title #ah1 ,united ,states   
,code 7relating to immunity of          
witnesses74  7#e7 ,contract authority   
,the ,commission may contract with and  
compensate government and private       
agencies or persons for services without
 regard to section #faja of title #da1  
,united ,states ,code4  7h7 ,commission 
procedures  7#a7 ,meetings ,the         
,commission shall meet at the call of   
the ,chairman4  7#b7 ,quorum ,seven     
members of the ,commission shall        
constitute a quorum but a lesser number 
may hold hearings4  7i7 ,personnel      
matters  7#a7 ,compensation ,members    
shall not be paid by reason of their    
service as members4  7#b7 ,travel       
expenses ,each member shall receive     
travel expenses1 including per diem in  
lieu of subsistence1 in accordance with 
sections #egjb and #egjc of title #e1   
,united ,states ,code4  7#c7 ,director  
,the ,commission shall have a ,director 
who shall be appointed by the ,chairman4

 ,the ,director shall be paid at a rate 
not to exceed the maximum rate of basic 
pay payable for ,,gs-#ae of the ,general
 ,schedule4  7#d7 ,staff ,the ,director 
may appoint and fix the pay of          
additional personnel as the ,director   
considers appropriate4  7#e7            
,applicability of certain civil service 
laws ,the ,director and staff of the    
,commission shall be appointed subject  
to the provisions of title #e1 ,united  
,states ,code1 governing appointments in
 the competitive service1 and shall be  
paid in accordance with the provisions  
of chapter #ea and subchapter ,,iii of  
chapter #ec of that title relating to   
classification and ,general ,schedule   
pay rates4  7j7 ,other administrative   
matters  7#a7 ,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 departments and     
agencies of the ,united ,states4  7#b7  

,administrative support services ,upon  
the request of the ,commission1 the     
,administrator of ,general ,services    
shall provide to the ,commission1 on a  
reimbursable basis1 the administrative  
support services necessary for the      
,commission to carry out its duties     
under this ,act4  7#c7 ,experts and     
consultants ,the ,commission may procure
 temporary and intermittent services    
under section #caji7;b7 of title #e1    
,united ,states ,code4  7k7 ,sunset of  
,commission ,the ,commission shall      
terminate on ,december #ca1 #bjcg1      
unless reauthorized by ,congress4  #d4  
,review of efficiency and need for      
,federal agencies  7a7 ,in general ,the 
,commission shall review the efficiency 
and public need for each agency in      
accordance with the criteria described  
in section #e4  7b7 ,recommendations2   
report to ,congress ,the ,commission    
shall submit to ,congress and the       
,president not later than ,september #a 
of each year a report containing-- 7#a7 

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 #b2  7#b7 recommendations 
on whether each such agency should be   
abolished or reorganized2  7#c7         
recommendations on whether the functions
 of any other agencies should be        
consolidated1 transferred1 or           
reorganized in an agency to be reviewed 
in the year in which the report is      
submitted pursuant to the schedule      
submitted to ,congress under section #b2
 and  7#d7 recommendations for          
administrative and legislative action   
with respect to each such agency1 but   
not including recommendations for       
appropriation levels4  7c7 ,draft       
legislation ,the ,commission shall      
submit to ,congress and the ,president  
not later than ,september #a of each    
year a draft of legislation to carry out
 the recommendations of the ,commission 

under subsection 7b74  7d7 ,information 
gathering ,the ,commission shall-- 7#a7 
conduct public hearings on the          
abolishment of each agency reviewed     
under subsection 7b72  7#b7 provide an  
opportunity for public comment on the   
abolishment of each such agency2  7#c7  
require the agency to provide           
information to the ,commission as       
appropriate2 and  7#d7 consult with the 
,government ,accountability ,office1 the
 ,office of ,management and ,budget1 the
 ,comptroller ,general of the ,united   
,states1 and the chairman and ranking   
minority members of the committees of   
,congress with oversight responsibility 
for the agency being reviewed regarding 
the operation of the agency4  7e7 ,use  
of program inventory ,the ,commission   
shall use the program inventory prepared
 under section #i in reviewing the      
efficiency and public need for each     
agency under subsection 7a74  #e4       
,criteria for review ,the ,commission   
shall evaluate the efficiency and public

 need for each agency pursuant to       
section #d using the following criteria3
 7#a7 ,the effectiveness1 and the       
efficiency of the operation of1 the     
programs carried out by each such       
agency4  7#b7 ,whether the programs     
carried out by the agency are           
cost-effective4  7#c7 ,whether the      
agency has acted outside the scope of   
its original authority1 and whether the 
original objectives of the agency have  
been achieved4  7#d7 ,whether less      
restrictive or alternative methods exist
 to carry out the functions of the      
agency4  7#e7 ,the extent to which the  
jurisdiction of1 and the programs       
administered by1 the agency duplicate or
 conflict with the jurisdiction and     
programs of other agencies4  7#f7 ,the  
potential benefits of consolidating     
programs administered by the agency with
 similar or duplicative programs of     
other agencies1 and the potential for   
consolidating such programs4  7#g7 ,the 
number and types of beneficiaries or    

persons served by programs carried out  
by the agency4  7#h7 ,the extent to     
which any trends1 developments1 and     
emerging conditions that are likely to  
affect the future nature and extent of  
the problems or needs that the programs 
carried out by the agency are intended  
to address4  7#i7 ,the extent to which  
the agency has complied with the        
provisions contained in the ,government 
,performance and ,results ,act of #aiic 
7,public ,law #ajc-fb2 #ajg ,stat4      
#bhe74  7#aj7 ,the promptness and       
effectiveness with which the agency     
seeks public input and input from ,state
 and local governments on the efficiency
 and effectiveness of the performance of
 the functions of the agency4  7#aa7    
,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 business1 institution1
 or individuals that the agency         
regulates4  7#ab7 ,the extent to which  
the agency has encouraged participation 

by the public as a whole in making its  
rules and decisions rather than         
encouraging participation solely by     
those it regulates4  7#ac7 ,the extent  
to which the public participation in    
rulemaking and decisionmaking of the    
agency has resulted in rules and        
decisions compatible with the objectives
 of the agency4  7#ad7 ,the extent to   
which the agency complies with section  
#eeb of title #e1 ,united ,states ,code 
7commonly known as the ,freedom of      
,information ,act74  7#ae7 ,the extent  
to which the agency complies with equal 
employment opportunity requirements     
regarding equal employment opportunity4 
7#af7 ,the extent of the regulatory1    
privacy1 and paperwork impacts of the   
programs carried out by the agency4     
7#ag7 ,the extent to which the agency   
has coordinated with ,state and local   
governments in performing the functions 
of the agency4  7#ah7 ,the potential    
effects of abolishing the agency on     
,state and local governments4  7#ai7    

,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 manner4    
#f4 ,commission oversight  7a7          
,monitoring of implementation of        
recommendations ,the ,commission shall  
monitor implementation of laws enacting 
provisions that incorporate             
recommendations of the ,commission with 
respect to abolishment or reorganization
 of agencies4  7b7 ,monitoring of other 
relevant legislation  7#a7 ,in general  
,the ,commission shall review and report
 to ,congress on all legislation        
introduced in either house of ,congress 
that would establish--  7,a7 a new      
agency2 or  7,b7 a new program to be    
carried out by an existing agency4  7#b7
 ,report to ,congress ,the ,commission  
shall include in each report submitted  
to ,congress under paragraph 7#a7 an    
analysis of whether-- 7,a7 the functions
 of the proposed agency or program could

 be carried out by one or more existing 
agencies2  7,b7 the functions of the    
proposed agency or program could be     
carried out in a less restrictive manner
 than the manner proposed in the        
legislation2 and  7,c7 the legislation  
provides for public input regarding the 
performance of functions by the proposed
 agency or program4  #g4 ,rulemaking    
authority ,the ,commission may          
promulgate such rules as necessary to   
carry out this ,act4  #h4 ,relocation of
 ,federal employees ,if the position of 
an employee of an agency is eliminated  
as a result of the abolishment of an    
agency in accordance with this ,act1    
there shall be a reasonable effort to   
relocate such employee to a position    
within another agency4  #i4 ,program    
inventory  7a7 ,preparation ,the        
,comptroller ,general of the ,united    
,states and the ,director of the        
,congressional ,budget ,office1 in      
cooperation with the ,director of the   
,congressional ,research ,service1 shall

 prepare an inventory of ,federal       
programs 7in this ,act referred to as   
the program inventory7 within each      
agency4  7b7 ,purpose ,the purpose of   
the program inventory is to advise and  
assist the ,congress and the ,commission
 in carrying out the requirements of    
this ,act4 ,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  
committees4 ,the ,comptroller ,general  
shall compile and maintain the inventory
 and the ,director of the ,congressional
 ,budget ,office shall provide budgetary
 information for inclusion in the       
inventory4  7c7 ,inventory content ,the 
program inventory shall set forth for   
each program each of the following      
matters3 7#a7 ,the specific provision or
 provisions of law authorizing the      
program4  7#b7 ,the committees of the   

,senate and the ,house of               
,representatives which have legislative 
or oversight jurisdiction over the      
program4  7#c7 ,a brief statement of the
 purpose or purposes to be achieved by  
the program4  7#d7 ,the committees which
 have jurisdiction over legislation     
providing new budget authority for the  
program1 including the appropriate      
subcommittees of the ,committees on     
,appropriations of the ,senate and the  
,house of ,representatives4  7#e7 ,the  
agency and1 if applicable1 the          
subdivision thereof responsible for     
administering the program4  7#f7 ,the   
grants-in-aid1 if any1 provided by such 
program to ,state and local governments4
  7#g7 ,the next reauthorization date   
for the program4  7#h7 ,a unique        
identification number which links the   
program and functional category         
structure4  7#i7 ,the year in which the 
program was originally established and1 
where applicable1 the year in which the 
program expires4  7#aj7 ,where          

applicable1 the year in which new budget
 authority for the program was last     
authorized and the year in which current
 authorizations of new budget authority 
expire4  7d7 ,budget authority ,the     
report also shall set forth for each    
program whether the new budget authority
 provided for such programs is--  7#a7  
authorized for a definite period of     
time2  7#b7 authorized in a specific    
dollar amount but without limit of time2
  7#c7 authorized without limit of time 
or dollar amounts2  7#d7 not            
specifically authorized2 or  7#e7       
permanently provided1  as determined by 
the ,director of the ,congressional     
,budget ,office4  7e7 ,,cbo information 
,for each program or group of programs1 
the program inventory also shall include
 information prepared by the ,director  
of the ,congressional ,budget ,office   
indicating each of the following        
matters3  7#a7 ,the amounts of new      
budget authority authorized and provided
 for the program for each of the        

preceding four fiscal years and1 where  
applicable1 the four succeeding fiscal  
years4  7#b7 ,the functional and        
subfunctional category in which the     
program is presently classified and was 
classified under the fiscal year #bjag  
budget4  7#c7 ,the identification code  
and title of the appropriation account  
in which budget authority is provided   
for the program4  7f7 ,mutual exchange  
of information ,the ,government         
,accountability ,office1 the            
,congressional ,research ,service1 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 inventory4  7g7 ,assistance by  
,executive branch ,the ,office of       
,management and ,budget1 and the        
,executive agencies and the subdivisions
 thereof shall1 to the extent necessary 
and possible1 provide the ,government   
,accountability ,office with assistance 
requested by the ,comptroller ,general  

in the compilation of the program       
inventory4  #aj4 ,definition of agency  
,as used in this ,act1 the term agency  
has the meaning given that term by      
section #aje of title #e1 ,united       
,states ,code1 except that such term    
includes an advisory committee as that  
term is defined in section #c7b7 of the 
,federal ,advisory ,committee ,act 7#e  
,u4,s4,c4 ,app #c7b774  #aa4 ,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 agencies4