,,ii #aagth ,,congress #ast ,session ,s4 #ibe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bc1 #bjba,mr4 ,scott of ,florida 7for himself1 ,mr4 ,braun1 ,mr4 ,crapo1 ,mr4 ,tillis1 and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish the ,federal ,agency ,sunset ,commission4 #a4 ,short title ,this ,act may be cited as the ,federal ,agency ,sunset ,commission ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,advisory committee ,the term advisory committee has the meaning given the term in section #c of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#b7 ,agency ,the term agency-- 7,a7 has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code2 and 7,b7 includes an advisory committee4 7#c7 ,calendar day ,the term calendar day means a calendar day other than one on which either ,house is not in session because of an adjournment of more than #c days to a date certain4 7#d7 ,commission ,the term ,commission means the ,federal ,agency ,sunset ,commission established under section #c4 7#e7 ,joint resolution ,the term joint resolution means a joint resolution consisting of the proposed legislative language submitted by the ,commission under section #e7;c7 and introduced or reintroduced under section #aj7;a74 7#f7 ,program inventory ,the term program inventory means an inventory of ,federal programs prepared under section #i4 7#g7 ,supermajority ,the term supermajority means an affirmative vote of two-thirds of the ,members1 duly chosen and sworn4 #c4 ,review and abolishment of ,federal agencies 7a7 ,schedule for review 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall submit to ,congress a schedule for review by the ,commission of each agency that lists the date of abolishment for each agency4 7#b7 ,frequency ,a date of abolishment described in paragraph 7#a7 shall occur not less frequently than once every #ab years 7or less1 if determined appropriate by ,congress74 7#c7 ,format ,a schedule for review described in paragraph 7#a7 shall be in the form of a joint resolution4 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 be reviewed and abolished according to the schedule created pursuant to this section and approved under section #aj1 unless the agency is reauthorized by ,congress4 7#b7 ,extension ,the date of abolishment for an agency may be extended for an additional #b years if ,congress enacts legislation extending the date by a vote of a supermajority of the ,senate and the ,house of ,representatives4 #d4 ,establishment of ,commission 7a7 ,establishment ,there is established a commission to be known as the ,federal ,agency ,sunset ,commission4 7b7 ,membership ,the ,commission shall be composed of #ac members1 who shall be appointed as follows3 7#a7 #a shall be appointed by the ,president4 7#b7 #c shall be appointed by the majority leader of the ,senate1 of whom-- 7,a7 #b shall be from among members of the ,senate2 and 7,b7 #a shall not be ,member of ,congress and shall have expertise in the operation and administration of ,federal ,government programs4 7#c7 #c shall be appointed by the minority leader of the ,senate1 of whom-- 7,a7 #b shall be from among members of the ,senate2 and 7,b7 #a shall not be ,member of ,congress and shall have expertise in the operation and administration of ,federal ,government programs4 7#d7 #c shall be appointed by the ,speaker of the ,house of ,representatives1 of whom-- 7,a7 #b shall be from among members of the ,house of ,representatives2 and 7,b7 #a shall not be ,member of ,congress and shall have expertise in the operation and administration of ,federal ,government programs4 7#e7 #c shall be appointed by the minority leader of the ,house of ,representatives1 of whom-- 7,a7 #b shall be from among members of the ,house of ,representatives2 and 7,b7 #a shall not be ,member of ,congress and shall have expertise in the operation and administration of ,federal ,government programs4 7c7 ,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 7d7 ,initial appointments ,all initial appointments to the ,commission shall be made not later than #ij days after the date of enactment of this ,act4 7e7 ,terms of members 7#a7 ,in general ,each member appointed to the ,commission shall serve for a term of #f years4 7#b7 ,vacancies ,a vacancy in the ,commission-- 7,a7 shall not affect the powers of the ,commission2 and 7,b7 shall be filled in the same manner as the original appointment not later than #cj days after the date on which the vacancy occurs4 7f7 ,chairman2 vice chairman ,the ,commission shall select a ,chairperson and ,vice ,chairperson from among the members of the ,commission for a term of #d years4 7g7 ,powers of commission 7#a7 ,hearings and sessions ,the ,commission may1 for the purpose of carrying out this ,act-- 7,a7 hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers appropriate2 and 7,b7 administer oaths to witnesses appearing before the ,commission4 7#b7 ,obtaining information 7,a7 ,in general ,the ,commission may secure directly from any agency or advisory committee information necessary to enable the ,commission to carry out the duties of the ,commission under this ,act4 7,b7 ,furnishing information ,on request of the ,chairperson of the ,commission1 the head of the agency or the ,chair of the advisory committee1 as applicable1 shall furnish information to the ,commission in a full and timely manner4 7#c7 ,subpoena power 7,a7 ,authority to issue subpoena ,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 ,compliance with subpoena ,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 ,code 7relating to advertising requirement for ,federal ,government purchases and sales74 7h7 ,commission procedures 7#a7 ,initial meeting ,not later than #de days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold the first meeting of the ,commission4 7#b7 ,meetings ,the ,commission shall meet at the call of the ,chairman and not fewer than #b times per year4 7#c7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum4 7#d7 ,voting ,the schedule for review submitted pursuant to section #c7;a7 and the report and joint resolution submitted pursuant to section #e shall have the approval of not less than a majority of the members of the ,commission4 7i7 ,personnel matters 7#a7 ,compensation ,members of the ,commission shall not be paid by reason of their service as members4 7#b7 ,travel expenses ,each member of the ,commission shall receive travel expenses1 including per diem in lieu of subsistence in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#c7 ,executive director ,the ,commission shall have an executive director who-- 7,a7 shall be appointed and terminated by the ,chairperson of the ,commission2 7,b7 shall be confirmed by a vote of not fewer than #g members of the ,commission2 and 7,c7 may appoint and fix the pay of additional personnel as the executive director considers appropriate4 7#d7 ,applicability of certain civil service laws ,the executive director and staff of the ,commission shall be-- 7,a7 appointed subject to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service2 and 7,b7 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 ,federal ,government4 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 the duties of the ,commission 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 7#d7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property4 #e4 ,review of efficiency and need for ,federal agencies 7a7 ,in general ,the ,commission shall review the efficiency and public need for each agency using the criteria described in section #f4 7b7 ,recommendations2 report to congress ,not later than ,september #a of each year1 the ,commission shall submit to ,congress and the ,president 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 #c2 7#b7 an analysis of authority claimed by the executive branch but not specifically authorized by statute2 7#c7 recommendations on whether each such agency should be abolished1 reorganized1 or continued2 7#d7 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 #c2 and 7#e7 recommendations for administrative and legislative action with respect to each such agency1 but not including recommendations for appropriation levels4 7c7 ,joint resolution ,not later than ,september #a of each year1 the ,commission shall submit to ,congress and the ,president a joint resolution 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 ,general ,accountability ,office1 the ,office of ,management and ,budget1 the ,comptroller ,general of the ,united ,states1 and the chair and ranking 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 #f4 ,criteria for review ,the ,commission shall evaluate the efficiency and public need for each agency pursuant to section #e using the following criteria3 7#a7 ,the effectiveness1 and the efficiency of the operation of1 the programs carried out by the 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 the original authority of the agency1 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 applicable provisions contained in sections #aaae1 #aaaf1 #aaag1 #aabj1 #aaba1 #aabb1 #aabc1 #aabd1 #aabe1 and the first section #igjc of title #ca1 ,united ,states ,code1 section #cjf of title #e1 ,united ,states ,code1 and chapter #bh of title #ci1 ,united ,states ,code4 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 the rules and decisions of the agency rather than encouraging participation solely by those that the agency regulates4 7#ac7 ,the extent to which the public participation in rule making and decision making 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 equal employment opportunity requirements regarding equal employment opportunity4 7#ae7 ,the extent of the regulatory1 privacy1 and paperwork impacts of the programs carried out by the agency4 7#af7 ,the extent to which the agency has coordinated with ,state and local governments in performing the functions of the agency4 7#ag7 ,the potential effects of abolishing the agency on ,state and local governments4 7#ah7 ,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 #g4 ,oversight by ,commission 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 #a 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 #h4 ,disposition of agency affairs ,the ,president1 in consultation with the head of an agency determined to be abolished pursuant to section #c7;c71 shall take such action as may be necessary to wind down the operation of the agency during the #a-year period following the date of abolishment for the agency1 including the designation of an agency to carry out any ongoing authority1 maintain custodial records1 act as a party to unresolved legal actions1 or other obligations that cannot be resolved within #a year4 #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 within each agency4 7b7 ,purpose 7#a7 ,in general ,the purpose of a program inventory is to advise and assist ,congress and the ,commission in carrying out the requirements of this ,act4 7#b7 ,nonbinding ,a program 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 those committees4 7#c7 ,compilation and maintenance ,the ,comptroller ,general of the ,united ,states shall compile and maintain each program inventory and the ,director of the ,congressional ,budget ,office shall provide budgetary information for inclusion in each program 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 that 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 the program to ,state and local governments4 7#g7 ,the next reauthorization date for the program4 7#h7 ,a unique identification number that 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 7#aa7 ,whether the new budget authority provided for the program 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 7#ab7 ,any other information the ,commission determines to be necessary4 7d7 ,,cbo information ,for each program or group of programs1 the program inventory shall include information prepared by the ,director of the ,congressional ,budget ,office indicating each of the following3 7#a7 ,the amounts of new budget authority authorized and provided for the program for each of the preceding #d fiscal years and1 where applicable1 the #d succeeding fiscal years4 7#b7 ,the functional and subfunctional category in which the program is presently classified and was classified under the fiscal year #bjbj budget4 7#c7 ,the identification code and title of the appropriation account in which budget authority is provided for the program4 7e7 ,mutual exchange of information ,the ,general ,accountability ,office1 the ,congressional ,research ,service1 and the ,congressional ,budget ,office shall permit the mutual exchange of available information in their possession that would aid in the compilation of the program inventory4 7f7 ,assistance by executive branch 7#a7 ,in general ,the ,office of ,management and ,budget and the agencies 7and the subdivisions thereof7 shall1 to the extent necessary and possible1 provide the ,general ,accountability ,office with assistance requested by the ,comptroller ,general of the ,united ,states in the compilation of the program inventory4 7#b7 ,confidentiality ,communications described in paragraph 7#a7 shall be treated as confidential until a report is issued under section #e7;b74 #aj4 ,expedited consideration for schedule for review 7a7 ,introduction and committee consideration 7#a7 ,introduction ,a joint resolution shall be introduced in the ,senate by the majority leader1 or the majority leader's designee1 and in the ,house of ,representatives1 by the ,speaker1 or the ,speaker's designee not later than #fj days after the date on which the proposed legislation is submitted to ,congress4 ,upon such introduction1 the ,commission schedule for review bill shall be referred to the appropriate committees of ,congress under paragraph 7#b74 ,if the joint resolution is not introduced in accordance with the preceding sentence1 then any member of ,congress may introduce such legislation in their respective ,house of ,congress beginning on the date that is the #eth calendar day that such ,house is in session following the date of the submission of such aggregate legislative language provisions4 7#b7 ,committee consideration 7,a7 ,referral ,the joint resolution introduced under paragraph 7#a7 shall be referred to any appropriate committee of jurisdiction in the ,senate and the ,house of ,representatives4 ,a committee to which the joint resolution is referred under this paragraph may review and comment on such legislation1 may report such legislation to the respective ,house1 and may not amend such legislation4 7,b7 ,reporting ,not later than #cj calendar days after the introduction of the joint resolution1 each ,committee of ,congress to which the joint resolution was referred shall report the legislation4 7,c7 ,discharge of committee ,if a committee to which a joint resolution is referred has not reported such legislation at the end of #cj calendar days after its introduction or at the end of the first day after there has been reported to the ,house a joint resolution involved a joint resolution1 whichever is earlier1 such committee shall be deemed to be discharged from further consideration of such legislation and such legislation shall be placed on the appropriate calendar of the ,house involved4 7b7 ,expedited procedure 7#a7 ,consideration 7,a7 ,in general ,not later than #cj calendar days after the date on which a committee has reported a joint resolution or has been discharged from consideration of a joint resolution1 the majority leader of the ,senate1 or the majority leader's designee1 or the ,speaker of the ,house of ,representatives1 or the ,speaker's designee1 shall move to proceed to the consideration of the joint resolution4 ,it shall also be in order for any ,member of the ,senate or the ,house of ,representatives1 respectively1 to move to proceed to the consideration of the joint resolution at any time after the conclusion of such #e-;day period4 7,b7 ,motion to proceed ,a motion to proceed to the consideration of a joint resolution is highly privileged in the ,house of ,representatives and is privileged in the ,senate and is not debatable4 ,the motion is not subject to amendment or to a motion to postpone consideration of the joint resolution4 ,if the motion to proceed is agreed to1 the ,senate or the ,house of ,representatives1 as the case may be1 shall immediately proceed to consideration of the joint resolution without intervening motion1 order1 or other business1 and the joint resolution shall remain the unfinished business of the ,senate or the ,house of ,representatives1 as the case may be1 until disposed of4 7,c7 ,limited debate ,debate on the joint resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than #aj hours1 which shall be divided equally between those favoring and those opposing the joint resolution4 ,a motion further to limit debate on the joint resolution is in order and is not debatable4 ,all time used for consideration of the joint resolution1 including time used for quorum calls 7except quorum calls immediately preceding a vote7 and voting1 shall come from the #aj hours of debate4 7,d7 ,amendments ,no amendment to the joint resolution shall be in order in the ,senate and the ,house of ,representatives4 7,e7 ,vote on final passage ,immediately following the conclusion of the debate on the joint resolution1 the vote on final passage of the joint resolution shall occur4 7,f7 ,other motions not in order ,a motion to postpone consideration of the joint resolution1 a motion to proceed to the consideration of other business1 or a motion to recommit the review joint resolution is not in order4 ,a motion to reconsider the vote by which the joint resolution is agreed to or not agreed to is not in order4 7#b7 ,consideration by other house ,if1 before the passage by one ,house of the joint resolution that was introduced in such ,house1 such ,house receives from the other ,house a joint resolution as passed by such other ,house-- 7,a7 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 7,c72 7,b7 the procedure in the ,house in receipt of the joint resolution of the other ,house1 shall be the same as if no joint resolution had been received from the other ,house2 and 7,c7 notwithstanding subparagraph 7,b71 the vote on final passage shall be on the joint resolution of the other ,house4 7#c7 ,disposition ,upon disposition of a joint resolution that is received by one ,house from the other ,house1 it shall no longer be in order to consider the joint resolution that was introduced in the receiving ,house4 7c7 ,rules of the senate and the house of representatives ,this section is enacted-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and is deemed to be part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of the joint resolution1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as they relate to the procedure of that ,house7 at anytime1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 7d7 ,fallback provision ,if the ,senate and the ,house of ,representatives fail to act within #a year from the date of introduction1 the joint resolution takes effect4