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H.R. 489IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 3 · H.R. 489

Establishment of Commission

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(a) Establishment There is established a commission to be known as the Federal Agency Sunset Commission. (b) Membership (1) The Commission shall be composed of 13 members (in this Act referred to as the members) who shall be appointed as follows: (A) 1 shall be appointed by the President. (B) 3 shall be appointed by the majority leader of the Senate, of whom— (i) 2 shall be from among Members of the Senate; and (ii) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs. (C) 3 shall be appointed by the minority leader of the Senate, of whom— (i) 2 shall be from among Members of the Senate; and (ii) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs. (D) 3 shall be appointed by the Speaker of the House of Representatives, of whom— (i) 2 shall be from among Members of the House of Representatives; and (ii) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs. (E) 3 shall be appointed by the minority leader of the House of Representatives, of whom— (i) 2 shall be from among Members of the House of Representatives; and (ii) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs. (c) 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. (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) Terms of members (1) In general Each member appointed to the Commission shall serve for a term of 6 years. (2) Vacancies A vacancy in the Commission— (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment not later than 30 days after the date on which the vacancy occurs. (f) Chairman; vice chairman The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission for a term of 4 years. (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 (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 request of the Chairperson of the Commission, the head of the agency, or the Chair of the advisory 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 require 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 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 6101 of title 41, United States Code (relating to advertising requirement for Federal Government purchases and sales). (h) Commission procedures (1) Initial meeting Not later than 45 days after the date on which all members of the Commission 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 submitted 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. (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 terminated by the Chairperson of the Commission. (A) The executive director must be confirmed 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 considers 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 accordance with the provisions of chapter 51 and sub-chapter 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 Federal Government. (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. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property.

Sec. 3: Establishment of Commission · Public Law Tracker