| Home > 104th Congressional Bills > H.R. 1227 (rh) To amend the Portal-to-Portal Act of 1947 relating to the payment of wages to employees who use employer owned vehicles. [Reported in House] ...
H.R. 1227 (rh) To amend the Portal-to-Portal Act of 1947 relating to the payment of wages to employees who use employer owned vehicles. [Reported in House] ...
108th CONGRESS 1st Session H. R. 1227 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 March 12, 2003 Mr. Brady of Texas (for himself, Mr. Turner of Texas, Mr. Nussle, Mr. Carter, Mr. Toomey, Mr. Hoeffel, Mr. Burgess, Mr. Frost, Mr. Lampson, Mr. Bass, Mr. Ryun of Kansas, Mr. Sandlin, Mr. LoBiondo, Mr. Goode, Mr. Sessions, Mr. Stenholm, Mr. Terry, Mr. English, Mr. Chabot, Mr. Flake, Mr. Baird, Mr. Otter, Mr. Hefley, Mr. Sullivan, Mr. Cunningham, Mr. Istook, Mr. Paul, Mr. Green of Wisconsin, Mr. Smith of Michigan, Mr. Doolittle, Mr. Miller of Florida, Mr. Jones of North Carolina, Mr. Sam Johnson of Texas, Mr. DeMint, Ms. Ginny Brown-Waite of Florida, Mr. Pitts, Mr. Culberson, Mr. Everett, Mr. Deal of Georgia, and Mr. Shadegg) introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL 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. 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 ``Abolishment of Obsolete Agencies and Federal Sunset Act of 2003''. SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGENCIES. (a) Schedule for Review.--Not later than one year after the date of the enactment of this Act, the Federal Agency Sunset Commission established under section 3 (in this Act referred to as the ``Commission'') shall submit to Congress a schedule for review by the Commission, at least once every 12 years (or less, if determined appropriate 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 provide that agencies that perform similar or related functions 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 schedule, 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 commission to be known as the ``Federal Agency Sunset Commission''. (b) Composition.--The Commission shall be composed of 12 members (in this Act referred to as the ``members'') who shall be appointed as follows: (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 Representatives, with minority members appointed with the consent of the minority leader of the House of Representatives. (2) Six members shall be appointed by the majority 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 appointed under subsection (b)(1), four shall be members 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 subparagraph (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-- (i) who is not a member of Congress; and (ii) with expertise in the operation and administration 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 paragraph. (d) Initial Appointments.--All initial appointments 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 Representatives from among the members initially appointed 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 appointed under subsection (b)(2) to serve as vice-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 alternate 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 paragraphs (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 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 member. (B) A member of the Commission who is not a 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. (g) Powers of Commission.-- (1) Hearings and sessions.--The Commission 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 evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it. (2) 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 Act. Upon request of the Chairman, the head of that department 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 evidence relating to any matter under investigation by the Commission. (B) 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. (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 witnesses). (5) 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). (h) Commission Procedures.-- (1) Meetings.--The Commission shall meet at the call of the Chairman. (2) Quorum.--Seven members of the Commission 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 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 considers 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 accordance with the provisions of chapter 51 and subchapter 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 departments and agencies of the United States. (2) 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 Act. (3) Experts and consultants.--The Commission 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, 2026, 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 President 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) recommendations on whether each such agency should be abolished or reorganized; (3) recommendations on whether the functions of any other agencies should be consolidated, transferred, 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 2; and (4) recommendations for administrative and legislative action with respect to each such agency. (c) 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 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 Accounting Office, 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 reviewed regarding the operation of the agency. (e) Use of Program Inventory.--The Commission shall use the program inventory prepared under section 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(a) 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 original objectives of the agency have been achieved. (4) Whether less restrictive or alternative methods 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 programs administered by the agency with similar or duplicative programs of other agencies, and the potential for consolidating such programs. (7) The number and types of beneficiaries or persons served by programs carried out by the agency. (8) The extent to which any trends, developments, 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 address. (9) The extent to which the agency has complied with the provisions contained in the Government 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 effectiveness of the performance of the
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