Federal Agency Sunset Commission Act of 2023
This bill provides for the establishment of the Federal Agency Sunset Commission to submit to Congress a schedule for review and abolishment of each agency, including each advisory committee. The schedule for review shall be in the form of a joint resolution. Each agency shall be abolished unless reauthorized by Congress. For each agency, the commission must schedule a date of abolishment to occur at least once every 12 years.
The commission must (1) review and evaluate the efficiency and public need for each agency using specified criteria; (2) analyze the authority claimed by the executive branch but not specifically authorized by statute; (3) recommend whether each agency should be abolished, reorganized, or continued; and (4) report to Congress on introduced legislation that would establish a new agency or a new program.
The Government Accountability Office and the Congressional Budget Office, in cooperation with the Congressional Research Service, shall prepare an inventory of federal programs to assist Congress and the commission in carrying out this bill.
The bill provides for expedited consideration of the schedule for review and abolishment.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1206 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1206
To establish the Federal Agency Sunset Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2023
Mr. Cloud (for himself, Mr. Donalds, Mr. Good of Virginia, Mr. Norman,
Mr. Perry, Ms. Van Duyne, Mrs. Miller of Illinois, Mr. Ogles, Mr.
Brecheen, Mr. Burlison, Mr. Moore of Alabama, Mr. Weber of Texas, Mrs.
Boebert, Mrs. Luna, and Mr. McCormick) introduced the following bill;
which was referred to the Committee on Oversight and Accountability,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish the Federal Agency Sunset Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Sunset Commission Act
of 2023''.
SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGENCIES.
(a) Schedule for Review.--(1) Not later than one year after the
date of the enactment of this Act, the Federal Agency Sunset Commission
established under section 3 shall submit to Congress a schedule for
review by the Commission of each agency that lists the date of
abolishment for each agency.
(2) Such date of abolishment shall occur at least once every 12
years (or less, if determine appropriate by Congress).
(3) The Schedule for review will be in the form of a joint
resolution.
(b) Review of Agencies Performing Related Functions.--In
determining the schedule for review of agencies under subsection (a),
the Commission shall provide that agencies that perform similar or
related functions be reviewed concurrently to promote efficiency and
consolidation.
(c) Abolishment of Agencies.--
(1) In general.--Each agency shall be reviewed and
abolished according to the schedule created pursuant to this
section and approved under section 9, unless the agency is
reauthorized by the Congress.
(2) Extension.--The date of abolishment for an agency may
be extended for an additional 2 years if the Congress enacts
legislation extending such date by a vote of a supermajority of
the House of Representatives and the Senate.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(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. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL AGENCIES.
(a) In General.--The Commission shall review the efficiency and
public need for each agency using criteria described in section 5.
(b) Recommendations; Report to Congress.--The Commission shall
submit to Congress and the President not later than September 1 of each
year a report containing--
(1) an analysis of the efficiency of operation and public
need for each agency to be reviewed in the year in which the
report is submitted pursuant to the schedule submitted to
Congress under section 2;
(2) an analysis of authority claimed by the executive
branch but not specifically authorized by statute;
(3) recommendations on whether each such agency should be
abolished, reorganized, or continued;
(4) recommendations on whether the functions of any other
agencies should be consolidated, transferred, or reorganized in
an agency to be reviewed in the year in which the report is
submitted pursuant to the schedule submitted to Congress under
section 2; and
(5) recommendations for administrative and legislative
action with respect to each such agency, but not including
recommendations for appropriation levels.
(c) Joint Resolution.--The Commission shall submit to Congress and
the President not later than September 1 of each year a joint
resolution to carry out the recommendations of the Commission under
subsection (b).
(d) Information Gathering.--The Commission shall--
(1) conduct public hearings on the abolishment of each
agency reviewed under subsection (b);
(2) provide an opportunity for public comment on the
abolishment of each such agency;
(3) require the agency to provide information to the
Commission as appropriate; and
(4) consult with the General Accountability Office, the
Office of Management and Budget, the Comptroller General, and
the chairman and ranking minority members of the committees of
Congress with oversight responsibility for the agency being
reviewed regarding the operation of the agency.
(e) Use of Program Inventory.--The Commission shall use the program
inventory prepared under section 9 in reviewing the efficiency and
public need for each agency under subsection (a).
SEC. 5. CRITERIA FOR REVIEW.
The Commission shall evaluate the efficiency and public need for
each agency pursuant to section 4 using the following criteria:
(1) The effectiveness, and the efficiency of the operation
of, the programs carried out by each such agency.
(2) Whether the programs carried out by the agency are
cost-effective.
(3) Whether the agency has acted outside the scope of its
original authority, and whether the original objectives of the
agency have been achieved.
(4) Whether less restrictive or alternative methods exist
to carry out the functions of the agency.
(5) 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.
(6) 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.
(7) The number and types of beneficiaries or persons served
by programs carried out by the agency.
(8) 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.
(9) The extent to which the agency has complied with the
applicable provisions contained in the sections 1115, 1116,
1117, 1120, 1121, 1122, 1123, 1124, 1125, and the first 9703 of
title 31, United States Code, section 306 of title 5, United
States Code, and chapter 28 of title 39, United States Code.
(10) 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.
(11) 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.
(12) 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.
(13) The extent to which the public participation in
rulemaking and decision making of the agency has resulted in
rules and decisions compatible with the objectives of the
agency.
(14) The extent to which the agency complies with equal
employment opportunity requirements regarding equal employment
opportunity.
(15) The extent of the regulatory, privacy, and paperwork
impacts of the programs carried out by the agency.
(16) The extent to which the agency has coordinated with
State and local governments in performing the functions of the
agency.
(17) The potential effects of abolishing the agency on
State and local governments.
(18) 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.
SEC. 6. OVERSIGHT BY COMMISSION.
(a) Monitoring of Implementation of Recommendations.--The
Commission shall monitor implementation of laws enacting provisions
that incorporate recommendations of the Commission with respect to
abolishment or reorganization of agencies.
(b) Monitoring of Other Relevant Legislation.--
(1) In general.--The Commission shall review and report to
Congress on all legislation introduced in either house of
Congress that would establish--
(A) a new agency; or
(B) a new program to be carried out by an existing
agency.
(2) Report to congress.--The Commission shall include in
each report submitted to Congress under paragraph (1) an
analysis of whether--
(A) the functions of the proposed agency or program
could be carried out by one or more existing agencies;
(B) the functions of the proposed agency or program
could be carried out in a less restrictive manner than
the manner proposed in the legislation; and
(C) the legislation provides for public input
regarding the performance of functions by the proposed
agency or program.
SEC. 7. DISPOSITION OF AGENCY AFFAIRS.
The President, in consultation with the head of an agency
determined to be abolished pursuant to section 2(c), shall take such
action as may be necessary to wind down the operation of such agency
during the one year period following the date of abolishment for each
such agency including the designation of an agency to carry out any
ongoing authority, maintain custodial records, act as a party to
unresolved legal actions or other obligations that cannot be resolved
within one year.
SEC. 8. PROGRAM INVENTORY.
(a) Preparation.--The Comptroller General and the Director of the
Congressional Budget Office, in cooperation with the Director of the
Congressional Research Service, shall prepare an inventory of Federal
programs (in this Act referred to as the ``program inventory'') within
each agency.
(b) Purpose.--The purpose of the program inventory is to advise and
assist the Congress and the Commission in carrying out the requirements
of this Act. Such inventory shall not in any way bind the committees of
the Senate or the House of Representatives with respect to their
responsibilities under this Act and shall not infringe on the
legislative and oversight responsibilities of such committees. The
Comptroller General shall compile and maintain the inventory and the
Director of the Congressional Budget Office shall provide budgetary
information for inclusion in the inventory.
(c) Inventory Content.--The program inventory shall set forth for
each program each of the following matters:
(1) The specific provision or provisions of law authorizing
the program.
(2) The committees of the Senate and the House of
Representatives which have legislative or oversight
jurisdiction over the program.
(3) A brief statement of the purpose or purposes to be
achieved by the program.
(4) The committees which have jurisdiction over legislation
providing new budget authority for the program, including the
appropriate subcommittees of the Committees on Appropriations
of the Senate and the House of Representatives.
(5) The agency and, if applicable, the subdivision thereof
responsible for administering the program.
(6) The grants-in-aid, if any, provided by such program to
State and local governments.
(7) The next reauthorization date for the program.
(8) A unique identification number which links the program
and functional category structure.
(9) The year in which the program was originally
established and, where applicable, the year in which the
program expires.
(10) Where applicable, the year in which new budget
authority for the program was last authorized and the year in
which current authorizations of new budget authority expire.
(11) Any other information the Commission determines to be
necessary.
(d) Budget Authority.--The report also shall set forth for each
program whether the new budget authority provided for such program is--
(1) authorized for a definite period of time;
(2) authorized in a specific dollar amount but without
limit of time;
(3) authorized without limit of time or dollar amounts;
(4) not specifically authorized; or
(5) permanently provided, as determined by the Director of
the Congressional Budget Office.
(e) CBO Information.--For each program or group of programs, the
program inventory also shall include information prepared by the
Director of the Congressional Budget Office indicating each of the
following matters:
(1) The amounts of new budget authority authorized and
provided for the program for each of the preceding four fiscal
years and, where applicable, the four succeeding fiscal years.
(2) The functional and subfunctional category in which the
program is presently classified and was classified under the
fiscal year 2020 budget.
(3) The identification code and title of the appropriation
account in which budget authority is provided for the program.
(f) Mutual Exchange of Information.--The General Accountability
Office, the Congressional Research Service, and the Congressional
Budget Office shall permit the mutual exchange of available information
in their possession which would aid in the compilation of the program
inventory.
(g) Assistance by Executive Branch.--The Office of Management and
Budget and the agencies (and the subdivisions thereof) shall, to the
extent necessary and possible, provide the General Accountability
Office with assistance requested by the Comptroller General in the
compilation of the program inventory. Such communications shall be
treated as confidential until a report is issued under section 4(b).
SEC. 9. EXPEDITED CONSIDERATION FOR SCHEDULE FOR REVIEW.
(a) Introduction and Committee Consideration.--
(1) Introduction.--A joint resolution shall be introduced
in the Senate by the majority leader, or the majority leader's
designee, and in the House of Representatives, by the Speaker,
or the Speaker's designee not later than 60 days after the date
on which the proposed legislation is submitted to Congress.
Upon such introduction, the Commission schedule for review bill
shall be referred to the appropriate committees of Congress
under paragraph (2). If the joint resolution is not introduced
in accordance with the preceding sentence, then any member of
Congress may introduce such legislation in their respective
House of Congress beginning on the date that is the 5th
calendar day that such House is in session following the date
of the submission of such aggregate legislative language
provisions.
(2) Committee consideration.--
(A) Referral.--The joint resolution introduced
under paragraph (1) shall be referred to any
appropriate committee of jurisdiction in the Senate and
the House of Representatives. A committee to which the
joint resolution is referred under this paragraph may
review and comment on such legislation, may report such
legislation to the respective House, and may not amend
such legislation.
(B) Reporting.--Not later than 30 calendar days
after the introduction of the joint resolution, each
Committee of Congress to which the joint resolution was
referred shall report the legislation.
(C) Discharge of committee.--If a committee to
which a joint resolution is referred has not reported
such legislation at the end of 30 calendar days after
its introduction or at the end of the first day after
there has been reported to the House a joint resolution
involved a joint resolution, whichever is earlier, such
committee shall be deemed to be discharged from further
consideration of such legislation and such legislation
shall be placed on the appropriate calendar of the
House involved.
(b) Expedited Procedure.--
(1) Consideration.--
(A) In general.--Not later than 30 calendar days
after the date on which a committee has reported a
joint resolution or has been discharged from
consideration of a joint resolution, the majority
leader of the Senate, or the majority leader's
designee, or the Speaker of the House of
Representatives, or the Speaker's designee, shall move
to proceed to the consideration of the joint
resolution. It shall also be in order for any Member of
the Senate or the House of Representatives,
respectively, to move to proceed to the consideration
of the joint resolution at any time after the
conclusion of such 5-day period.
(B) Motion to proceed.--A motion to proceed to the
consideration of a joint resolution is highly
privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The
motion is not subject to amendment or to a motion to
postpone consideration of the joint resolution. If the
motion to proceed is agreed to, the Senate or the House
of Representatives, as the case may be, shall
immediately proceed to consideration of the joint
resolution without intervening motion, order, or other
business, and the joint resolution shall remain the
unfinished business of the Senate or the House of
Representatives, as the case may be, until disposed of.
(C) Limited debate.--Debate on the joint resolution
and on all debatable motions and appeals in connection
therewith shall be limited to not more than 10 hours,
which shall be divided equally between those favoring
and those opposing the joint resolution. A motion
further to limit debate on the joint resolution is in
order and is not debatable. All time used for
consideration of the joint resolution, including time
used for quorum calls (except quorum calls immediately
preceding a vote) and voting, shall come from the 10
hours of debate.
(D) Amendments.--No amendment to the joint
resolution shall be in order in the Senate and the
House of Representatives.
(E) Vote on final passage.--Immediately following
the conclusion of the debate on the joint resolution,
the vote on final passage of the joint resolution shall
occur.
(F) Other motions not in order.--A motion to
postpone consideration of the joint resolution, a
motion to proceed to the consideration of other
business, or a motion to recommit the review joint
resolution is not in order. A motion to reconsider the
vote by which the joint resolution is agreed to or not
agreed to is not in order.
(2) Consideration by other house.--If, before the passage
by one House of the joint resolution that was introduced in
such House, such House receives from the other House a joint
resolution as passed by such other House--
(A) the joint resolution of the other House shall
not be referred to a committee and may only be
considered for final passage in the House that receives
it under subparagraph (C);
(B) the procedure in the House in receipt of the
joint resolution of the other House, shall be the same
as if no joint resolution had been received from the
other House; and
(C) notwithstanding subparagraph (B), the vote on
final passage shall be on the joint resolution of the
other House.
(3) Disposition.--Upon disposition of a joint resolution
that is received by one House from the other House, it shall no
longer be in order to consider the joint resolution that was
introduced in the receiving House.
(c) Rules of the Senate and the House of Representatives.--This
section is enacted--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and is deemed
to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of the joint resolution, and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at anytime, in the same manner, and to
the same extent as in the case of any other rule of that House.
(d) Fallback Provision.--If the Senate and the House of
Representatives fail to act within one year from the date of
introduction, the joint resolution takes effect.
SEC. 10. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term Executive agency in section 105 of title 5, United States
Code, except that such term includes an advisory committee.
(2) Calendar day.--The term ``calendar day'' means a
calendar day other than one on which either House is not in
session because of an adjournment of more than 3 days to a date
certain.
(3) Commission.--The term ``Commission'' means the Federal
Agency Sunset Commission established under section 3.
(4) Supermajority.--The term ``super-majority'' means an
affirmative vote of two-thirds of the Members, duly chosen and
sworn.
(5) Advisory committee.--The term ``advisory committee''
has the meaning given the term in section 1001 of title 5,
United States Code.
(4) Joint resolution.--The term ``joint resolution'' means
a joint resolution consisting of the proposed legislative
language submitted by the Commission under section 4(a)(3) and
introduced or reintroduced under section 7(a).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Accountability, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Accountability, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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