What This Bill Does
This bill creates a new Federal Agency Sunset Commission to review whether federal agencies operate efficiently and serve a public need. The Commission would develop a schedule requiring every federal agency to be reviewed and abolished within 12 years unless Congress votes to continue it. The bill also establishes procedures for Congress to quickly consider the Commission's recommendations.
Who It Affects
All federal agencies and advisory committees (groups that advise the government), Congress, the President, state and local governments, and the public who use federal programs or services.
Key Provisions
* The Commission submits a review schedule to Congress listing when each agency will be abolished, with agencies performing similar functions reviewed together (Sec. 2)
* The Commission consists of 13 members appointed by the President, Senate leaders, House leaders, and minority leaders, with expertise in federal government operations (Sec. 3)
* The Commission annually analyzes whether each reviewed agency operates efficiently and serves the public, then reports recommendations to Congress by September 1 (Sec. 4)
* The Commission evaluates agencies using 18 specific criteria including cost-effectiveness, whether programs duplicate other agencies' work, and compliance with federal management requirements (Sec. 5)
* Congress must vote on the Commission's recommendations using a fast-track process that limits debate to 10 hours and prohibits amendments to the review schedule (Sec. 9)
* Each federal agency automatically closes on its scheduled abolishment date unless Congress passes legislation reauthorizing it, or extends it for two additional years by supermajority vote (Sec. 2)
What Changes
If this bill becomes law, every federal agency would face mandatory review and abolishment on a set schedule. Congress would receive annual reports evaluating whether agencies are necessary and efficient. The President and agency heads would need to wind down operations of abolished agencies over one year, transferring ongoing duties to other agencies. Congress would follow a streamlined process to vote on the Commission's recommendations without amendments.
Important Definitions
* "Agency" means executive agencies as defined in federal law, and also includes advisory committees (groups that provide government advice)
* "Supermajority" means two-thirds of members voting in favor
* "Calendar day" means any day except when either house of Congress is not meeting for more than 3 days
* "Commission" means the Federal Agency Sunset Commission
Effective Date
Not specified in bill text
I
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 Ac-
countability, and in addition to the Committee on Rules, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation 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 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 2023’’.
5
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•HR 1206 IH
SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGEN-
1
CIES.
2
(a) SCHEDULE FOR REVIEW.—(1) Not later than one
3
year after the date of the enactment of this Act, the Fed-
4
eral Agency Sunset Commission established under section
5
3 shall submit to Congress a schedule for review by the
6
Commission of each agency that lists the date of abolish-
7
ment for each agency.
8
(2) Such date of abolishment shall occur at least once
9
every 12 years (or less, if determine appropriate by Con-
10
gress).
11
(3) The Schedule for review will be in the form of
12
a joint resolution.
13
(b) REVIEW OF AGENCIES PERFORMING RELATED
14
FUNCTIONS.—In determining the schedule for review of
15
agencies under subsection (a), the Commission shall pro-
16
vide that agencies that perform similar or related func-
17
tions be reviewed concurrently to promote efficiency and
18
consolidation.
19
(c) ABOLISHMENT OF AGENCIES.—
20
(1) IN
GENERAL.—Each agency shall be re-
21
viewed and abolished according to the schedule cre-
22
ated pursuant to this section and approved under
23
section 9, unless the agency is reauthorized by the
24
Congress.
25
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•HR 1206 IH
(2) EXTENSION.—The date of abolishment for
1
an agency may be extended for an additional 2 years
2
if the Congress enacts legislation extending such
3
date by a vote of a supermajority of the House of
4
Representatives and the Senate.
5
SEC. 3. ESTABLISHMENT OF COMMISSION.
6
(a) ESTABLISHMENT.—There is established a com-
7
mission to be known as the ‘‘Federal Agency Sunset Com-
8
mission’’.
9
(b) MEMBERSHIP.—
10
(1) The Commission shall be composed of 13
11
members (in this Act referred to as the ‘‘members’’)
12
who shall be appointed as follows:
13
(A) 1 shall be appointed by the President.
14
(B) 3 shall be appointed by the majority
15
leader of the Senate, of whom—
16
(i) 2 shall be from among Members of
17
the Senate; and
18
(ii) 1 shall not be Member of Con-
19
gress and shall have expertise in the oper-
20
ation and administration of Federal Gov-
21
ernment programs.
22
(C) 3 shall be appointed by the minority
23
leader of the Senate, of whom—
24
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•HR 1206 IH
(i) 2 shall be from among Members of
1
the Senate; and
2
(ii) 1 shall not be Member of Con-
3
gress and shall have expertise in the oper-
4
ation and administration of Federal Gov-
5
ernment programs.
6
(D) 3 shall be appointed by the Speaker of
7
the House of Representatives, of whom—
8
(i) 2 shall be from among Members of
9
the House of Representatives; and
10
(ii) 1 shall not be Member of Con-
11
gress and shall have expertise in the oper-
12
ation and administration of Federal Gov-
13
ernment programs.
14
(E) 3 shall be appointed by the minority
15
leader of the House of Representatives, of
16
whom—
17
(i) 2 shall be from among Members of
18
the House of Representatives; and
19
(ii) 1 shall not be Member of Con-
20
gress and shall have expertise in the oper-
21
ation and administration of Federal Gov-
22
ernment programs.
23
(c) CONTINUATION OF MEMBERSHIP.—If a member
24
was appointed to the Commission as a Member of Con-
25
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•HR 1206 IH
gress and the member ceases to be a Member of Congress,
1
that member shall cease to be a member of the Commis-
2
sion.
3
(d) INITIAL APPOINTMENTS.—All initial appoint-
4
ments to the Commission shall be made not later than 90
5
days after the date of the enactment of this Act.
6
(e) TERMS OF MEMBERS.—
7
(1) IN GENERAL.—Each member appointed to
8
the Commission shall serve for a term of 6 years.
9
(2) VACANCIES.—A vacancy in the Commis-
10
sion—
11
(A) shall not affect the powers of the Com-
12
mission; and
13
(B) shall be filled in the same manner as
14
the original appointment not later than 30 days
15
after the date on which the vacancy occurs.
16
(f) CHAIRMAN; VICE CHAIRMAN.—The Commission
17
shall select a Chairperson and Vice Chairperson from
18
among the members of the Commission for a term of 4
19
years.
20
(g) POWERS OF COMMISSION.—
21
(1) HEARINGS AND SESSIONS.—The Commis-
22
sion may, for the purpose of carrying out this Act,
23
hold such hearings, sit and act at such times and
24
places, take such testimony, and receive such evi-
25
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•HR 1206 IH
dence as the Commission considers appropriate. The
1
Commission may administer oaths to witnesses ap-
2
pearing before it.
3
(2) OBTAINING INFORMATION.—
4
(A) IN GENERAL.—The Commission may
5
secure directly from any agency or advisory
6
committee information necessary to enable it to
7
carry out its duties under this Act.
8
(B) FURNISHING
INFORMATION.—On re-
9
quest of the Chairperson of the Commission,
10
the head of the agency, or the Chair of the ad-
11
visory committee shall furnish information to
12
the Commission in a full and timely manner.
13
(3) SUBPOENA POWER.—
14
(A) AUTHORITY
TO
ISSUE
SUBPOENA.—
15
The Commission may issue a subpoena to re-
16
quire the attendance and testimony of witnesses
17
and the production of evidence relating to any
18
matter under investigation by the Commission.
19
(B) COMPLIANCE WITH SUBPOENA.—If a
20
person refuses to obey an order or subpoena of
21
the Commission that is issued in connection
22
with a Commission proceeding, the Commission
23
may apply to the United States district court in
24
the judicial district in which the proceeding is
25
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•HR 1206 IH
held for an order requiring the person to com-
1
ply with the subpoena or order.
2
(4) IMMUNITY.—The Commission is an agency
3
of the United States for purposes of part V of title
4
18, United States Code (relating to immunity of wit-
5
nesses).
6
(5) CONTRACT AUTHORITY.—The Commission
7
may contract with and compensate government and
8
private agencies or persons for services without re-
9
gard to section 6101 of title 41, United States Code
10
(relating to advertising requirement for Federal Gov-
11
ernment purchases and sales).
12
(h) COMMISSION PROCEDURES.—
13
(1) INITIAL MEETING.—Not later than 45 days
14
after the date on which all members of the Commis-
15
sion have been appointed, the Commission shall hold
16
the first meeting of the Commission.
17
(2) MEETINGS.—The Commission shall meet at
18
the call of the Chairman and not less than 2 times
19
per year.
20
(3) QUORUM.—A majority of the members of
21
the Commission shall constitute a quorum.
22
(4) VOTING.—The schedule for review sub-
23
mitted pursuant to section 2(a) and the report and
24
joint resolution submitted pursuant to section 4
25
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•HR 1206 IH
shall have the approval of not less than a majority
1
of the members of the Commission.
2
(i) PERSONNEL MATTERS.—
3
(1) COMPENSATION.—Members shall not be
4
paid by reason of their service as members.
5
(2) TRAVEL
EXPENSES.—Each member shall
6
receive travel expenses, including per diem in lieu of
7
subsistence in accordance with applicable provisions
8
under subchapter I of chapter 57 of title 5, United
9
States Code.
10
(3) DIRECTOR.—The Commission shall have an
11
executive director who shall be appointed and termi-
12
nated by the Chairperson of the Commission.
13
(A) The executive director must be con-
14
firmed by a vote of at least seven members of
15
the Commission.
16
(B) The Director may appoint and fix the
17
pay of additional personnel as the Director con-
18
siders appropriate.
19
(4) APPLICABILITY OF CERTAIN CIVIL SERVICE
20
LAWS.—The Director and staff of the Commission
21
shall be appointed subject to the provisions of title
22
5, United States Code, governing appointments in
23
the competitive service, and shall be paid in accord-
24
ance with the provisions of chapter 51 and sub-chap-
25
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•HR 1206 IH
ter III of chapter 53 of that title relating to classi-
1
fication and General Schedule pay rates.
2
(j) OTHER ADMINISTRATIVE MATTERS.—
3
(1) POSTAL
AND
PRINTING
SERVICES.—The
4
Commission may use the United States mails and
5
obtain printing and binding services in the same
6
manner and under the same conditions as other de-
7
partments and agencies of the Federal Government.
8
(2) ADMINISTRATIVE
SUPPORT
SERVICES.—
9
Upon the request of the Commission, the Adminis-
10
trator of General Services shall provide to the Com-
11
mission, on a reimbursable basis, the administrative
12
support services necessary for the Commission to
13
carry out its duties under this Act.
14
(3) EXPERTS AND CONSULTANTS.—The Com-
15
mission may procure temporary and intermittent
16
services under section 3109(b) of title 5, United
17
States Code.
18
(4) GIFTS.—The Commission may accept, use,
19
and dispose of gifts or donations of services or prop-
20
erty.
21
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•HR 1206 IH
SEC. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL
1
AGENCIES.
2
(a) IN GENERAL.—The Commission shall review the
3
efficiency and public need for each agency using criteria
4
described in section 5.
5
(b) RECOMMENDATIONS; REPORT TO CONGRESS.—
6
The Commission shall submit to Congress and the Presi-
7
dent not later than September 1 of each year a report
8
containing—
9
(1) an analysis of the efficiency of operation
10
and public need for each agency to be reviewed in
11
the year in which the report is submitted pursuant
12
to the schedule submitted to Congress under section
13
2;
14
(2) an analysis of authority claimed by the ex-
15
ecutive branch but not specifically authorized by
16
statute;
17
(3) recommendations on whether each such
18
agency should be abolished, reorganized, or contin-
19
ued;
20
(4) recommendations on whether the functions
21
of any other agencies should be consolidated, trans-
22
ferred, or reorganized in an agency to be reviewed
23
in the year in which the report is submitted pursu-
24
ant to the schedule submitted to Congress under
25
section 2; and
26
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•HR 1206 IH
(5) recommendations for administrative and
1
legislative action with respect to each such agency,
2
but not including recommendations for appropriation
3
levels.
4
(c) JOINT RESOLUTION.—The Commission shall sub-
5
mit to Congress and the President not later than Sep-
6
tember 1 of each year a joint resolution to carry out the
7
recommendations of the Commission under subsection (b).
8
(d) INFORMATION GATHERING.—The Commission
9
shall—
10
(1) conduct public hearings on the abolishment
11
of each agency reviewed under subsection (b);
12
(2) provide an opportunity for public comment
13
on the abolishment of each such agency;
14
(3) require the agency to provide information to
15
the Commission as appropriate; and
16
(4) consult with the General Accountability Of-
17
fice, the Office of Management and Budget, the
18
Comptroller General, and the chairman and ranking
19
minority members of the committees of Congress
20
with oversight responsibility for the agency being re-
21
viewed regarding the operation of the agency.
22
(e) USE OF PROGRAM INVENTORY.—The Commis-
23
sion shall use the program inventory prepared under sec-
24
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•HR 1206 IH
tion 9 in reviewing the efficiency and public need for each
1
agency under subsection (a).
2
SEC. 5. CRITERIA FOR REVIEW.
3
The Commission shall evaluate the efficiency and
4
public need for each agency pursuant to section 4 using
5
the following criteria:
6
(1) The effectiveness, and the efficiency of the
7
operation of, the programs carried out by each such
8
agency.
9
(2) Whether the programs carried out by the
10
agency are cost-effective.
11
(3) Whether the agency has acted outside the
12
scope of its original authority, and whether the origi-
13
nal objectives of the agency have been achieved.
14
(4) Whether less restrictive or alternative meth-
15
ods exist to carry out the functions of the agency.
16
(5) The extent to which the jurisdiction of, and
17
the programs administered by, the agency duplicate
18
or conflict with the jurisdiction and programs of
19
other agencies.
20
(6) The potential benefits of consolidating pro-
21
grams administered by the agency with similar or
22
duplicative programs of other agencies, and the po-
23
tential for consolidating such programs.
24
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•HR 1206 IH
(7) The number and types of beneficiaries or
1
persons served by programs carrie
[Text truncated for display. Full text available on Congress.gov.]