	Background

The sunset concept provides for programs and agencies to terminate automatically accordingto a predetermined schedule unless explicitly renewed by law. (1) Since 1997, RepresentativeKevin Brady and others have supported the creation of a federal sunset commission, modeled on thesunset commission in Texas. He reintroduced his bill in the 109th Congress as H.R. 3282 . (2) 
In May 2006 the House leadership announced plans to bring sunset legislation quickly to theHouse floor, along with other budget process reforms favored by the Republican Study Committee(RSC), in return for RSC backing of the FY2007 budget resolution. In the effort to craft a consensusbill, attention came to focus on H.R. 2470 ,sponsored by Representative Todd Tiahrt, which would create a "Commission on the Accountabilityand Review of Federal Agencies (CARFA)," modeled on the Base Realignment and ClosureCommission (BRAC) approach. (3) On July 14, 2006, Representative Tiahrt introduced a revisedversion of H.R. 2470 as H.R. Although the CARFA and FRCs would address concerns similar to those envisaged for the FederalAgency Sunset Commission in H.R. Although technically inaccurate, both bills are often referred to as sunset measures,however. (4) 
On July 19, 2006, the House Government Reform Committee held a hearing on H.R. 5766 . 3282 favorably to the House. Both votes were largely along party lines. 3282. (6) 
Supporters of the measures suggest that there are too many overlapping and ineffectivefederal programs that contribute to the growing federal deficit, that Congress lacks time for thoroughoversight of all existing agencies and programs, and that the commissions would assist Congress inperforming its oversight function, thereby reducing fraud, waste, and abuse. Critics of the measurescounter that the bills would cede too much power to the executive branch and the majority politicalparty, would burden Congress with a tremendous workload with mandatory reauthorization of everyagency and program, and would facilitate elimination of federal programs that provide a safety netfor the most vulnerable in society. Under the sunset provisions in the bill, an agency would be abolished within one year of theCommission's review, unless the agency received statutory extension. This means that followingcongressional approval of a reauthorization bill, the measure would have to go to the President inorder to be signed into law. If the President were to veto the bill, a two-thirds majority in bothchambers would be necessary to override the veto and extend the life of the program or agency. 5766, as Amended

H.R. 3282, thereby allowing additional time for Congress to act on areauthorization bill. The sunset commission established under H.R. Selected Features in H.R. 3282 and H.R.5766
The sunset concept provides for programs and agencies to terminate automatically on apredetermined schedule, following a systematic evaluation of past performance, unless explicitlyrenewed by law. In each Congress since the 105th, bills to create a federal sunset commissionmodeled on the sunset commission in Texas have been introduced by Representative Kevin Brady,including H.R. 3282 in the 109th Congress. President Bush supports creation of afederal sunset commission.
In May 2006 the House leadership announced plans to bring sunset legislation quickly to theHouse floor, along with other budget process reforms favored by the Republican Study Committee,in return for the group's backing of the FY2007 budget resolution. In the effort to craft a consensusbill, attention came to focus on H.R. 3282 , and on H.R. 2470 , sponsoredby Representative Todd Tiahrt, which would create a "Commission on the Accountability andReview of Federal Agencies (CARFA)," modeled on the Base Realignment and Closure Commission(BRAC) approach.
On July 14, 2006, Representative Tiahrt introduced a revised version of H.R. 2470 as H.R. 5766 , the Government Efficiency Act, to provide for the establishmentof Federal Review Commissions (FRCs) which would apparently address concerns similar to thoseenvisaged for the sunset commission in H.R. 3282 . Although H.R. 5766 isoften referred to as a sunset bill, this is technically inaccurate, since it contains no action-forcingmechanism. Under H.R. 3282, an agency would be abolished within one year of theCommission's review, unless the agency received statutory extension. If Congress passed areauthorization bill, the measure would then go to the President to be signed into law. If thePresident instead vetoed the bill, a two-thirds majority in both chambers would be necessary tooverride the veto and extend the life of the program or agency.
On July 20, 2006, the Committee on Government Reform voted to report H.R. 3282 favorably, and at the same time, voted to report favorably H.R. 5766 , as amended. The votes to order the bills reported were largely along party lines. Supporters of the bills contendthat there are too many overlapping and ineffective federal programs that contribute to the growingfederal deficit and that the commission would assist Congress in performing its oversight function,thereby reducing fraud, waste, and abuse. Critics of the measures counter that the bills would cedetoo much power to the executive branch, would burden Congress with a tremendous workload withmandatory reauthorization of every agency and program, and would facilitate elimination of federalprograms that provide a safety net for the most vulnerable in society.
This report examines the two bills and compares selected features, such as membership,powers of the commission, criteria for program review, public participation, and provisions forimplementing commission recommendations. This report will be updated as events warrant.