HR 606

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 Committee on Oversight and Government Reform

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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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Program Sunset Commission Act'.

SEC. 2. FEDERAL PROGRAM SUNSET COMMISSION.

(a) Establishment of Commission-

(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 Management and Budget, a former State governor, a former agency secretary or undersecretary, or a former head of a business.

(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 Commission, the Speaker of the House of Representatives and the majority leader of the Senate, in consultation with the minority leader of the House of Representatives 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 Chairman and Vice Chairman of the Commission shall be designated by the President at the time of appointment 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.

(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 Congress 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 another 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 appointed 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 Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it.

(B) OBTAINING INFORMATION- The Commission may secure directly from any agency of the United States information necessary to enable 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 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 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.

(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 Commission may contract with and compensate government 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 Commission 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 pursuant 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 in lieu of subsistence, in accordance with sections 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, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 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 in the same manner and under the same conditions as other agencies of the United States.

(B) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this section.

(C) EXPERTS AND CONSULTANTS- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

(b) Review and Abolishment of Federal Programs-

(1) RECOMMENDATIONS; REPORT TO CONGRESS- 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 thereafter, the Federal Program Sunset Commission established under subsection (a) shall submit to Congress and the President a report containing--

(A) a list of the Federal programs, if any, the Commission recommends to be abolished; and

(B) a review of the efficiency of operation and public need for each Federal program in accordance with the criteria described in subsection (c) that shall be referred to the appropriate committees of the Congress, including recommendations--

(i) on whether the functions of a Federal program should be consolidated, transferred, or reorganized in another Federal program; and

(ii) for administrative and legislative action with respect to each Federal program.

(2) ABOLISHMENT OF FEDERAL PROGRAMS AND DEADLINE FOR ABOLISHMENT- Not later than 6 months after the date on which the Commission submits 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 to carry out the recommendations of the Commission under clauses (i) and (ii) of paragraph (1)(B).

(4) INFORMATION GATHERING- The Commission shall--

(A) conduct public hearings on the abolishment of each Federal program reviewed under paragraph (1);

(B) provide an opportunity for public comment 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 responsibility for the Federal program being reviewed regarding the operation of the Federal program.

(5) USE OF PROGRAM INVENTORY- The Commission shall use the program inventory prepared under subsection (f) in reviewing the efficiency and public need for each Federal program under paragraph (1).

(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-effective.

(3) Whether less restrictive or alternative methods 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 programs of other agencies, and the potential for consolidating such programs.

(6) The number and types of beneficiaries or persons served by the Federal program.

(7) The extent to which any trends, developments, and emerging conditions are likely to affect the future nature and extent of the problems or needs that the Federal program is intended to address.

(8) The extent to which the agency that administers 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 efficiency and effectiveness of the Federal program.

(10) Whether the Federal program has worked to enact changes in the law that are intended to benefit 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 requirements.

(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.

(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 demonstrated 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 contribution of such program to economic growth.

(d) Commission Oversight 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 Federal programs.

(e) Rulemaking Authority- The Commission may promulgate such rules as necessary to carry out this section.

(f) Program Inventory-

(1) PREPARATION- 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 thereafter, the Comptroller General and the Director of the Congressional Budget Office, in consultation with the Director of the Congressional Research Service, shall prepare an inventory of Federal programs (in this section referred to as the `program inventory') within each agency.

(2) PURPOSE- The purpose of the program inventory is to advise and assist the Congress and the Commission in carrying out the requirements of this section. 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 section 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 Congressional Budget Office shall provide budgetary information for inclusion in the inventory.

(3) INVENTORY CONTENT- The program inventory shall set forth for each program each of the following matters:

(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 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.

(E) The agency and, if applicable, the subdivision 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.

(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 authorizations 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 dollar 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:

(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 category in which the program is presently classified under the budget.

(C) The identification code and title of the appropriation account in which budget authority is provided for the program.

(6) MUTUAL EXCHANGE OF INFORMATION- The Government Accountability Office, the Congressional 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 necessary and possible, provide the Government Accountability Office with assistance requested by the Comptroller General in the compilation of the program inventory.

(g) Definition of Agency- As used in this section, the term `agency' has the meaning given the term `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 programs 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 pursuant to this section may not be funded without an express reauthorization.

(3) REMAINING FUNDING FOR AN ABOLISHED FEDERAL PROGRAM- Any unobligated amounts for the current fiscal year for an abolished Federal program shall be returned to the General Fund of the Treasury.

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