Sec. 5. Criteria for review

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The Commission shall evaluate the efficiency and public need for each agency pursuant to section 4 using the following criteria: The effectiveness, and the efficiency of the operation of, the programs carried out by each such agency. Whether the programs carried out by the agency are cost-effective. Whether the agency has acted outside the scope of its original authority, and whether the original objectives of the agency have been achieved. Whether less restrictive or alternative methods exist to carry out the functions of the agency.

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. 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. The number and types of beneficiaries or persons served by programs carried out by the agency. 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.

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). 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 agency. 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 business, institution, or individuals that the agency regulates.

The extent to which the agency has encouraged participation by the public as a whole in making its rules and decisions rather than encouraging participation solely by those it regulates. The extent to which the public participation in rulemaking and decisionmaking of the agency has resulted in rules and decisions compatible with the objectives of the agency. The extent to which the agency complies with section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ).

The extent to which the agency complies with equal employment opportunity requirements regarding equal employment opportunity. The extent of the regulatory, privacy, and paperwork impacts of the programs carried out by the agency. The extent to which the agency has coordinated with State and local governments in performing the functions of the agency. The potential effects of abolishing the agency on State and local governments. 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 manner.

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Pub. L. 103-62
107 Stat. 285

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Sec. 5

Criteria for review

Pub. L.Pub. L. 103-62

Stat.107 Stat. 285

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