Federal Agency Sunset Commission Act of 2021

II 117TH CONGRESS 1ST SESSION S. 925 To establish the Federal Agency Sunset Commission. IN THE SENATE OF THE UNITED STATES MARCH 23, 2021 Mr. SCOTT of Florida (for himself, Mr. BRAUN, Mr. CRAPO, Mr. TILLIS, and Ms. ERNST) introduced the following bill; which was read twice and re- ferred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the Federal Agency Sunset Commission. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Agency Sunset 4 Commission Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) ADVISORY COMMITTEE.—The term ‘‘advi- 8 sory committee’’ has the meaning given the term in 9 section 3 of the Federal Advisory Committee Act (5 10 U.S.C. App.). 11 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 2 •S 925 IS (2) AGENCY.—The term ‘‘agency’’— 1 (A) has the meaning given the term ‘‘Exec- 2 utive agency’’ in section 105 of title 5, United 3 States Code; and 4 (B) includes an advisory committee. 5 (3) CALENDAR DAY.—The term ‘‘calendar day’’ 6 means a calendar day other than one on which ei- 7 ther House is not in session because of an adjourn- 8 ment of more than 3 days to a date certain. 9 (4) COMMISSION.—The term ‘‘Commission’’ 10 means the Federal Agency Sunset Commission es- 11 tablished under section 3. 12 (5) JOINT RESOLUTION.—The term ‘‘joint reso- 13 lution’’ means a joint resolution consisting of the 14 proposed legislative language submitted by the Com- 15 mission under section 5(c) and introduced or re- 16 introduced under section 10(a). 17 (6) PROGRAM INVENTORY.—The term ‘‘pro- 18 gram inventory’’ means an inventory of Federal pro- 19 grams prepared under section 9. 20 (7) SUPERMAJORITY.—The term ‘‘super- 21 majority’’ means an affirmative vote of two-thirds of 22 the Members, duly chosen and sworn. 23 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 3 •S 925 IS SEC. 3. REVIEW AND ABOLISHMENT OF FEDERAL AGEN- 1 CIES. 2 (a) SCHEDULE FOR REVIEW.— 3 (1) IN GENERAL.—Not later than 1 year after 4 the date of enactment of this Act, the Commission 5 shall submit to Congress a schedule for review by 6 the Commission of each agency that lists the date of 7 abolishment for each agency. 8 (2) FREQUENCY.—A date of abolishment de- 9 scribed in paragraph (1) shall occur not less fre- 10 quently than once every 12 years (or less, if deter- 11 mined appropriate by Congress). 12 (3) FORMAT.—A schedule for review described 13 in paragraph (1) shall be in the form of a joint reso- 14 lution. 15 (b) REVIEW OF AGENCIES PERFORMING RELATED 16 FUNCTIONS.—In determining the schedule for review of 17 agencies under subsection (a), the Commission shall pro- 18 vide that agencies that perform similar or related func- 19 tions be reviewed concurrently to promote efficiency and 20 consolidation. 21 (c) ABOLISHMENT OF AGENCIES.— 22 (1) IN GENERAL.—Each agency shall be re- 23 viewed and abolished according to the schedule cre- 24 ated pursuant to this section and approved under 25 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 4 •S 925 IS section 10, unless the agency is reauthorized by Con- 1 gress. 2 (2) EXTENSION.—The date of abolishment for 3 an agency may be extended for an additional 2 years 4 if Congress enacts legislation extending the date by 5 a vote of a supermajority of the Senate and the 6 House of Representatives. 7 SEC. 4. ESTABLISHMENT OF COMMISSION. 8 (a) ESTABLISHMENT.—There is established a com- 9 mission to be known as the ‘‘Federal Agency Sunset Com- 10 mission’’. 11 (b) MEMBERSHIP.—The Commission shall be com- 12 posed of 13 members, who shall be appointed as follows: 13 (1) 1 shall be appointed by the President. 14 (2) 3 shall be appointed by the majority leader 15 of the Senate, of whom— 16 (A) 2 shall be from among members of the 17 Senate; and 18 (B) 1 shall not be Member of Congress 19 and shall have expertise in the operation and 20 administration of Federal Government pro- 21 grams. 22 (3) 3 shall be appointed by the minority leader 23 of the Senate, of whom— 24 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 5 •S 925 IS (A) 2 shall be from among members of the 1 Senate; and 2 (B) 1 shall not be Member of Congress 3 and shall have expertise in the operation and 4 administration of Federal Government pro- 5 grams. 6 (4) 3 shall be appointed by the Speaker of the 7 House of Representatives, of whom— 8 (A) 2 shall be from among members of the 9 House of Representatives; and 10 (B) 1 shall not be Member of Congress 11 and shall have expertise in the operation and 12 administration of Federal Government pro- 13 grams. 14 (5) 3 shall be appointed by the minority leader 15 of the House of Representatives, of whom— 16 (A) 2 shall be from among members of the 17 House of Representatives; and 18 (B) 1 shall not be Member of Congress 19 and shall have expertise in the operation and 20 administration of Federal Government pro- 21 grams. 22 (c) CONTINUATION OF MEMBERSHIP.—If a member 23 was appointed to the Commission as a Member of Con- 24 gress and the member ceases to be a Member of Congress, 25 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 6 •S 925 IS that member shall cease to be a member of the Commis- 1 sion. 2 (d) INITIAL APPOINTMENTS.—All initial appoint- 3 ments to the Commission shall be made not later than 90 4 days after the date of enactment of this Act. 5 (e) TERMS OF MEMBERS.— 6 (1) IN GENERAL.—Each member appointed to 7 the Commission shall serve for a term of 6 years. 8 (2) VACANCIES.—A vacancy in the Commis- 9 sion— 10 (A) shall not affect the powers of the Com- 11 mission; and 12 (B) shall be filled in the same manner as 13 the original appointment not later than 30 days 14 after the date on which the vacancy occurs. 15 (f) CHAIRMAN; VICE CHAIRMAN.—The Commission 16 shall select a Chairperson and Vice Chairperson from 17 among the members of the Commission for a term of 4 18 years. 19 (g) POWERS OF COMMISSION.— 20 (1) HEARINGS AND SESSIONS.—The Commis- 21 sion may, for the purpose of carrying out this Act— 22 (A) hold such hearings, sit and act at such 23 times and places, take such testimony, and re- 24 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 7 •S 925 IS ceive such evidence as the Commission con- 1 siders appropriate; and 2 (B) administer oaths to witnesses appear- 3 ing before the Commission. 4 (2) OBTAINING INFORMATION.— 5 (A) IN GENERAL.—The Commission may 6 secure directly from any agency or advisory 7 committee information necessary to enable the 8 Commission to carry out the duties of the Com- 9 mission under this Act. 10 (B) FURNISHING INFORMATION.—On re- 11 quest of the Chairperson of the Commission, 12 the head of the agency or the Chair of the advi- 13 sory committee, as applicable, shall furnish in- 14 formation to the Commission in a full and time- 15 ly manner. 16 (3) SUBPOENA POWER.— 17 (A) AUTHORITY TO ISSUE SUBPOENA.— 18 The Commission may issue a subpoena to re- 19 quire the attendance and testimony of witnesses 20 and the production of evidence relating to any 21 matter under investigation by the Commission. 22 (B) COMPLIANCE WITH SUBPOENA.—If a 23 person refuses to obey an order or subpoena of 24 the Commission that is issued in connection 25 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 8 •S 925 IS with a Commission proceeding, the Commission 1 may apply to the United States district court in 2 the judicial district in which the proceeding is 3 held for an order requiring the person to com- 4 ply with the subpoena or order. 5 (4) IMMUNITY.—The Commission is an agency 6 of the United States for purposes of part V of title 7 18, United States Code (relating to immunity of wit- 8 nesses). 9 (5) CONTRACT AUTHORITY.—The Commission 10 may contract with and compensate government and 11 private agencies or persons for services without re- 12 gard to section 6101 of title 41, United States Code 13 (relating to advertising requirement for Federal Gov- 14 ernment purchases and sales). 15 (h) COMMISSION PROCEDURES.— 16 (1) INITIAL MEETING.—Not later than 45 days 17 after the date on which all members of the Commis- 18 sion have been appointed, the Commission shall hold 19 the first meeting of the Commission. 20 (2) MEETINGS.—The Commission shall meet at 21 the call of the Chairman and not fewer than 2 times 22 per year. 23 (3) QUORUM.—A majority of the members of 24 the Commission shall constitute a quorum. 25 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 9 •S 925 IS (4) VOTING.—The schedule for review sub- 1 mitted pursuant to section 3(a) and the report and 2 joint resolution submitted pursuant to section 5 3 shall have the approval of not less than a majority 4 of the members of the Commission. 5 (i) PERSONNEL MATTERS.— 6 (1) COMPENSATION.—Members of the Commis- 7 sion shall not be paid by reason of their service as 8 members. 9 (2) TRAVEL EXPENSES.—Each member of the 10 Commission shall receive travel expenses, including 11 per diem in lieu of subsistence in accordance with 12 applicable provisions under subchapter I of chapter 13 57 of title 5, United States Code. 14 (3) EXECUTIVE DIRECTOR.—The Commission 15 shall have an executive director who— 16 (A) shall be appointed and terminated by 17 the Chairperson of the Commission; 18 (B) shall be confirmed by a vote of not 19 fewer than 7 members of the Commission; and 20 (C) may appoint and fix the pay of addi- 21 tional personnel as the executive director con- 22 siders appropriate. 23 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 10 •S 925 IS (4) APPLICABILITY OF CERTAIN CIVIL SERVICE 1 LAWS.—The executive director and staff of the Com- 2 mission shall be— 3 (A) appointed subject to the provisions of 4 title 5, United States Code, governing appoint- 5 ments in the competitive service; and 6 (B) paid in accordance with the provisions 7 of chapter 51 and subchapter III of chapter 53 8 of that title relating to classification and Gen- 9 eral Schedule pay rates. 10 (j) OTHER ADMINISTRATIVE MATTERS.— 11 (1) POSTAL AND PRINTING SERVICES.—The 12 Commission may use the United States mails and 13 obtain printing and binding services in the same 14 manner and under the same conditions as other de- 15 partments and agencies of the Federal Government. 16 (2) ADMINISTRATIVE SUPPORT SERVICES.— 17 Upon the request of the Commission, the Adminis- 18 trator of General Services shall provide to the Com- 19 mission, on a reimbursable basis, the administrative 20 support services necessary for the Commission to 21 carry out the duties of the Commission under this 22 Act. 23 (3) EXPERTS AND CONSULTANTS.—The Com- 24 mission may procure temporary and intermittent 25 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 11 •S 925 IS services under section 3109(b) of title 5, United 1 States Code. 2 (4) GIFTS.—The Commission may accept, use, 3 and dispose of gifts or donations of services or prop- 4 erty. 5 SEC. 5. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 6 AGENCIES. 7 (a) IN GENERAL.—The Commission shall review the 8 efficiency and public need for each agency using the cri- 9 teria described in section 6. 10 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 11 Not later than September 1 of each year, the Commission 12 shall submit to Congress and the President a report con- 13 taining— 14 (1) an analysis of the efficiency of operation 15 and public need for each agency to be reviewed in 16 the year in which the report is submitted pursuant 17 to the schedule submitted to Congress under section 18 3; 19 (2) an analysis of authority claimed by the ex- 20 ecutive branch but not specifically authorized by 21 statute; 22 (3) recommendations on whether each such 23 agency should be abolished, reorganized, or contin- 24 ued; 25 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 12 •S 925 IS (4) recommendations on whether the functions 1 of any other agencies should be consolidated, trans- 2 ferred, or reorganized in an agency to be reviewed 3 in the year in which the report is submitted pursu- 4 ant to the schedule submitted to Congress under 5 section 3; and 6 (5) recommendations for administrative and 7 legislative action with respect to each such agency, 8 but not including recommendations for appropriation 9 levels. 10 (c) JOINT RESOLUTION.—Not later than September 11 1 of each year, the Commission shall submit to Congress 12 and the President a joint resolution to carry out the rec- 13 ommendations of the Commission under subsection (b). 14 (d) INFORMATION GATHERING.—The Commission 15 shall— 16 (1) conduct public hearings on the abolishment 17 of each agency reviewed under subsection (b); 18 (2) provide an opportunity for public comment 19 on the abolishment of each such agency; 20 (3) require the agency to provide information to 21 the Commission as appropriate; and 22 (4) consult with the General Accountability Of- 23 fice, the Office of Management and Budget, the 24 Comptroller General of the United States, and the 25 VerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925 kjohnson on DSK79L0C42PROD with BILLS 13 •S 925 IS chair and ranking members of the committees of 1 Congress with oversight responsibility for the agency 2 being reviewed regarding the operation of the agen- 3 cy. 4 (e) USE OF PROGRAM INVENTORY.—The Commis- 5 sion shall use the program inventory prepared under sec- 6 tion 9 in reviewing the efficiency and public need for each 7 agency under subsection (a). 8 SEC. 6. CRITERIA FOR REVIEW. 9 The Commission shall evaluate the efficiency and 10 public need for each agency pursuant to [Text truncated for display. Full text available on Congress.gov.]