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Code · BILL · 116th Congress · H.R. 39 (Introduced in House) — To provide for the periodic review of the efficiency and public need for Federal agencies, to establish a commission... · Sec. 3

Sec. 3. Establishment of Commission

1,046 words·~5 min read·/bill/116/hr/39/ih/section-3

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There is established a commission to be known as the Federal Agency Sunset Commission . The Commission shall be composed of 12 members (in this Act referred to as the members ) who shall be appointed as follows: 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. 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.
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). 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). An individual under this subparagraph is an individual— who is not a member of Congress; and with expertise in the operation and administration of Government programs.
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. All initial appointments to the Commission shall be made not later than 90 days after the date of the enactment of this Act. 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.
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. 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. 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. Each member of the Commission who is not a member of Congress shall serve for a term of three years. 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. 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. 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. 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. 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. 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. 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). 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. The Commission shall meet at the call of the Chairman. Seven members of the Commission shall constitute a quorum but a lesser number may hold hearings. Members shall not be paid by reason of their service as members. 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. 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. The Director may appoint and fix the pay of additional personnel as the Director considers appropriate. 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. 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. 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. The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. The Commission shall terminate on December 31, 2037, unless reauthorized by Congress.
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