
Bill Analysis: H.R. 5766
by Guest Blogger, 7/12/2006
Rep. Todd Tiahrt (R-KS) has introduced a new sunset commission bill (H.R. 5766), combining some elements from the two previous sunset bills introduced in the House earlier in the 109th Congress. As with the previous sunset commission bills, under Tiahrt's "Government Efficiency Act of 2006," federal agencies and programs would be subject to review by an unelected, unaccountable sunset commission with the power to recommend which programs live, die, or get changed in some way, and then force those recommendations through Congress on an anti-democratic fast-track.
A SERIES OF COMMISSIONS
Previously introduced bills would have created a single, standing sunset commission charged with reviewing the entirety of the federal government. The new Tiahrt bill would instead authorize the creation of a series of sunset commissions, focused on reviewing clusters of agencies and programs.
CREATING COMMISSIONS
A sunset commission charged with looking at a specific group or cluster of agencies could be created by either the White House (by executive order) or Congress (through enactment of a joint resolution). Each time, the commission would consist of seven members, all appointed by the president: three with no strings attached, and the other four in consultation with the Speaker, the minority leader of House, and the majority leader and minority leader in Senate respectively. The President may also appoint up to 4 members of Congress (two from each house) as nonvoting members of the commission. Expertise/experience required. Each member is appointed for the life of that commission, which will exist for up to one year.
SCHEDULE FOR REVIEW
One year after enactment, the President submits to Congress a schedule under which commissions will be established to review all federal agencies and programs. The schedule is non-binding: only the specific commissions that the White House or Congress decides to create will ultimately be created, and those executive orders or joint resolutions will determine which programs and agencies are to be reviewed by the commission.
TIMELINE
The commissions must begin operation one month after establishment. They have a year to produce their recommendations. The commission terminates 90 days after the Commission submits assessments to the President.
REVIEW OF GOVERNMENT
The commission is to examine whether the programs and agencies are achieving their missions and goals, and whether there is duplication or conflict with other agencies, state/local government, or the private sector.
SCOPE
Agencies and programs — no definition of program, standard definition of agency.
FAST TRACK PROCEDURE
- One year after the commission has begun they must produce an assessment of the programs/agencies they are examining, and a legislative proposal to effect any changes they deem necessary to the President.
- Not more than 30 days later, the President must submit the legislative proposal and assessment and any of the President's recommendations to Congress.
- Not later than 5 days after the Majority Leader gets the package from the President, the majority leader/member introduces a joint resolution with the recommendations.
- Goes to committee of jurisdiction
- If committee does not report within 30 days, any member can move to discharge the committee, only if the Speaker has designated time in the schedule two legislative days after the member announces his intention to offer the discharge motion. The committee still has time to report out the joint resolution between the time of announcement and Speaker designating time or if the House does not support the motion to discharge. No other motions can be offered during adoption of the discharge motion, however, 20 minutes of debate is allowed. No motion to reconsider will be allowed.
- If the committee reports the joint resolution out without amendment or is discharged, then any member can move to consider the joint resolution. Again, Speaker must have designated time two legislative days after the member says he is going to move for consideration. No intervening or motions to reconsider.
- For consideration, all points of order are waived. Allows for 10 hours of debate. No motions to reconsider.
