I 

117TH CONGRESS 

1ST SESSION H. R. 2199 

To establish the Federal Agency Sunset Commission. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Mr. CLOUD (for himself, Mr. PERRY, Mr. NORMAN, Mr. GOODEN of Texas, 

Ms. HERRELL, and Mr. GOOD of Virginia) introduced the following bill; 

which was referred to the Committee on Oversight and Reform, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Agency Sunset 

5 Commission Act of 2021’’. 

6 SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGEN7 CIES. 

8 (a) SCHEDULE FOR REVIEW.—(1) Not later than one 

9 year after the date of the enactment of this Act, the Fed10 eral Agency Sunset Commission established under section 


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1 3 shall submit to Congress a schedule for review by the 

2 Commission of each agency that lists the date of abolish3 ment for each agency. 

4 (2) Such date of abolishment shall occur at least once 

5 every 12 years (or less, if determine appropriate by Con6 gress). 

7 (3) The Schedule for review will be in the form of 

8 a joint resolution. 

9 (b) REVIEW OF AGENCIES PERFORMING RELATED

10 FUNCTIONS.—In determining the schedule for review of 

11 agencies under subsection (a), the Commission shall pro12 vide that agencies that perform similar or related func13 tions be reviewed concurrently to promote efficiency and 

14 consolidation. 

15 (c) ABOLISHMENT OF AGENCIES.— 

16 (1) IN GENERAL.—Each agency shall be re17 viewed and abolished according to the schedule cre18 ated pursuant to this section and approved under 

19 section 9, unless the agency is reauthorized by the 

20 Congress. 

21 (2) EXTENSION.—The date of abolishment for 

22 an agency may be extended for an additional 2 years 

23 if the Congress enacts legislation extending such 

24 date by a vote of a supermajority of the House of 

25 Representatives and the Senate. 


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1 SEC. 3. ESTABLISHMENT OF COMMISSION. 

2 (a) ESTABLISHMENT.—There is established a com3 mission to be known as the ‘‘Federal Agency Sunset Com4 mission’’. 

5 (b) MEMBERSHIP.— 

6 (1) The Commission shall be composed of 13 

7 members (in this Act referred to as the ‘‘members’’) 

8 who shall be appointed as follows: 

9 (A) 1 shall be appointed by the President. 

10 (B) 3 shall be appointed by the majority 

11 leader of the Senate, of whom— 

12 (i) 2 shall be from among members of 

13 the Senate; and 

14 (ii) 1 shall not be Member of Con15 gress and shall have expertise in the oper16 ation and administration of Federal Gov17 ernment programs. 

18 (C) 3 shall be appointed by the minority 

19 leader of the Senate, of whom— 

20 (i) 2 shall be from among members of 

21 the Senate; and 

22 (ii) 1 shall not be Member of Con23 gress and shall have expertise in the oper24 ation and administration of Federal Gov25 ernment programs. 


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1 (D) 3 shall be appointed by the Speaker of 

2 the House of Representatives, of whom— 

3 (i) 2 shall be from among members of 

4 the House of Representatives; and 

5 (ii) 1 shall not be Member of Con6 gress and shall have expertise in the oper7 ation and administration of Federal Gov8 ernment programs. 

9 (E) 3 shall be appointed by the minority 

10 leader of the House of Representatives, of 

11 whom— 

12 (i) 2 shall be from among members of 

13 the House of Representatives; and 

14 (ii) 1 shall not be Member of Con15 gress and shall have expertise in the oper16 ation and administration of Federal Gov17 ernment programs. 

18 (c) CONTINUATION OF MEMBERSHIP.—If a member 

19 was appointed to the Commission as a Member of Con20 gress and the member ceases to be a Member of Congress, 

21 that member shall cease to be a member of the Commis22 sion. 

23 (d) INITIAL APPOINTMENTS.—All initial appoint24 ments to the Commission shall be made not later than 90 

25 days after the date of the enactment of this Act. 


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1 (e) TERMS OF MEMBERS.— 

2 (1) IN GENERAL.—Each member appointed to 

3 the Commission shall serve for a term of 6 years. 

4 (2) VACANCIES.—A vacancy in the Commis5 sion— 

6 (A) shall not affect the powers of the Com7 mission; and 

8 (B) shall be filled in the same manner as 

9 the original appointment not later than 30 days 

10 after the date on which the vacancy occurs. 

11 (f) CHAIRMAN; VICE CHAIRMAN.—The Commission 

12 shall select a Chairperson and Vice Chairperson from 

13 among the members of the Commission for a term of 4 

14 years. 

15 (g) POWERS OF COMMISSION.— 

16 (1) HEARINGS AND SESSIONS.—The Commis17 sion may, for the purpose of carrying out this Act, 

18 hold such hearings, sit and act at such times and 

19 places, take such testimony, and receive such evi20 dence as the Commission considers appropriate. The 

21 Commission may administer oaths to witnesses ap22 pearing before it. 

23 (2) OBTAINING INFORMATION.— 

24 (A) IN GENERAL.—The Commission may 

25 secure directly from any agency or advisory 


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1 committee information necessary to enable it to 

2 carry out its duties under this Act. 

3 (B) FURNISHING INFORMATION.—On re4 quest of the Chairperson of the Commission, 

5 the head of the agency, or the Chair of the ad6 visory committee shall furnish information to 

7 the Commission in a full and timely manner. 

8 (3) SUBPOENA POWER.— 

9 (A) AUTHORITY TO ISSUE SUBPOENA.— 

10 The Commission may issue a subpoena to re11 quire the attendance and testimony of witnesses 

12 and the production of evidence relating to any 

13 matter under investigation by the Commission. 

14 (B) COMPLIANCE WITH SUBPOENA.—If a 

15 person refuses to obey an order or subpoena of 

16 the Commission that is issued in connection 

17 with a Commission proceeding, the Commission 

18 may apply to the United States district court in 

19 the judicial district in which the proceeding is 

20 held for an order requiring the person to com21 ply with the subpoena or order. 

22 (4) IMMUNITY.—The Commission is an agency 

23 of the United States for purposes of part V of title 

24 18, United States Code (relating to immunity of wit25 nesses). 


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1 (5) CONTRACT AUTHORITY.—The Commission 

2 may contract with and compensate government and 

3 private agencies or persons for services without re4 gard to section 6101 of title 41, United States Code 

5 (relating to advertising requirement for Federal Gov6 ernment purchases and sales). 

7 (h) COMMISSION PROCEDURES.— 

8 (1) INITIAL MEETING.—Not later than 45 days 

9 after the date on which all members of the Commis10 sion have been appointed, the Commission shall hold 

11 the first meeting of the Commission. 

12 (2) MEETINGS.—The Commission shall meet at 

13 the call of the Chairman and not less than 2 times 

14 per year. 

15 (2) QUORUM.—A majority of the members of 

16 the Commission shall constitute a quorum. 

17 (3) VOTING.—The schedule for review sub18 mitted pursuant to section 2(a) and the report and 

19 joint resolution submitted pursuant to section 4 

20 shall have the approval of not less than a majority 

21 of the members of the Commission. 

22 (i) PERSONNEL MATTERS.— 

23 (1) COMPENSATION.—Members shall not be 

24 paid by reason of their service as members. 


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1 (2) TRAVEL EXPENSES.—Each member shall 

2 receive travel expenses, including per diem in lieu of 

3 subsistence in accordance with applicable provisions 

4 under subchapter I of chapter 57 of title 5, United 

5 States Code. 

6 (3) DIRECTOR.—The Commission shall have an 

7 executive director who shall be appointed and termi8 nated by the Chairperson of the Commission. 

9 (A) The executive director must be con10 firmed by a vote of at least seven members of 

11 the Commission. 

12 (B) The Director may appoint and fix the 

13 pay of additional personnel as the Director con14 siders appropriate. 

15 (4) APPLICABILITY OF CERTAIN CIVIL SERVICE

16 LAWS.—The Director and staff of the Commission 

17 shall be appointed subject to the provisions of title 

18 5, United States Code, governing appointments in 

19 the competitive service, and shall be paid in accord20 ance with the provisions of chapter 51 and sub-chap21 ter III of chapter 53 of that title relating to classi22 fication and General Schedule pay rates. 

23 (j) OTHER ADMINISTRATIVE MATTERS.— 

24 (1) POSTAL AND PRINTING SERVICES.—The 

25 Commission may use the United States mails and 


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1 obtain printing and binding services in the same 

2 manner and under the same conditions as other de3 partments and agencies of the Federal Government. 

4 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

5 Upon the request of the Commission, the Adminis6 trator of General Services shall provide to the Com7 mission, on a reimbursable basis, the administrative 

8 support services necessary for the Commission to 

9 carry out its duties under this Act. 

10 (3) EXPERTS AND CONSULTANTS.—The Com11 mission may procure temporary and intermittent 

12 services under section 3109(b) of title 5, United 

13 States Code. 

14 (4) GIFTS.—The Commission may accept, use, 

15 and dispose of gifts or donations of services or prop16 erty. 

17 SEC. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 

18 AGENCIES. 

19 (a) IN GENERAL.—The Commission shall review the 

20 efficiency and public need for each agency using criteria 

21 described in section 5. 

22 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

23 The Commission shall submit to Congress and the Presi24 dent not later than September 1 of each year a report 

25 containing— 


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1 (1) an analysis of the efficiency of operation 

2 and public need for each agency to be reviewed in 

3 the year in which the report is submitted pursuant 

4 to the schedule submitted to Congress under section 

5 2; 

6 (2) an analysis of authority claimed by the ex7 ecutive branch but not specifically authorized by 

8 statute; 

9 (3) recommendations on whether each such 

10 agency should be abolished, reorganized, or contin11 ued; 

12 (4) recommendations on whether the functions 

13 of any other agencies should be consolidated, trans14 ferred, or reorganized in an agency to be reviewed 

15 in the year in which the report is submitted pursu16 ant to the schedule submitted to Congress under 

17 section 2; and 

18 (5) recommendations for administrative and 

19 legislative action with respect to each such agency, 

20 but not including recommendations for appropriation 

21 levels. 

22 (c) JOINT RESOLUTION.—The Commission shall sub23 mit to Congress and the President not later than Sep24 tember 1 of each year a joint resolution to carry out the 

25 recommendations of the Commission under subsection (b). 


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1 (d) INFORMATION GATHERING.—The Commission 

2 shall— 

3 (1) conduct public hearings on the abolishment 

4 of each agency reviewed under subsection (b); 

5 (2) provide an opportunity for public comment 

6 on the abolishment of each such agency; 

7 (3) require the agency to provide information to 

8 the Commission as appropriate; and 

9 (4) consult with the General Accountability Of10 fice, the Office of Management and Budget, the 

11 Comptroller General, and the chairman and ranking 

12 minority members of the committees of Congress 

13 with oversight responsibility for the agency being re14 viewed regarding the operation of the agency. 

15 (e) USE OF PROGRAM INVENTORY.—The Commis16 sion shall use the program inventory prepared under sec17 tion 9 in reviewing the efficiency and public need for each 

18 agency under subsection (a). 

19 SEC. 5. CRITERIA FOR REVIEW. 

20 The Commission shall evaluate the efficiency and 

21 public need for each agency pursuant to section 4 using 

22 the following criteria: 

23 (1) The effectiveness, and the efficiency of the 

24 operation of, the programs carried out by each such 

25 agency. 


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1 (2) Whether the programs carried out by the 

2 agency are cost-effective. 

3 (3) Whether the agency has acted outside the 

4 scope of its original authority, and whether the origi5 nal objectives of the agency have been achieved. 

6 (4) Whether less restrictive or alternative meth7 ods exist to carry out the functions of the agency. 

8 (5) The extent to which the jurisdiction of, and 

9 the programs administered by, the agency duplicate 

10 or conflict with the jurisdiction and programs of 

11 other agencies. 

12 (6) The potential benefits of consolidating pro13 grams administered by the agency with similar or 

14 duplicative programs of other agencies, and the po15 tential for consolidating such programs. 

16 (7) The number and types of beneficiaries or 

17 persons served by programs carried out by the agen18 cy. 

19 (8) The extent to which any trends, develop20 ments, and emerging conditions that are likely to af21 fect the future nature and extent of the problems or 

22 needs that the programs carried out by the agency 

23 are intended to address. 

24 (9) The extent to which the agency has com25 plied with the applicable provisions contained in the 


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1 sections 1115, 1116, 1117, 1120, 1121, 1122, 1123, 

2 1124, 1125, and the first 9703 of title 31, United 

3 States Code, section 306 of title 5, United States 

4 Code, and chapter 28 of title 39, United States 

5 Code. 

6 (10) The promptness and effectiveness with 

7 which the agency seeks public input and input from 

8 State and local governments on the efficiency and ef9 fectiveness of the performance of the functions of 

10 the agency. 

11 (11) Whether the agency has worked to enact 

12 changes in the law that are intended to benefit the 

13 public as a whole rather than the specific business, 

14 institution, or individuals that the agency regulates. 

15 (12) The extent to which the agency has en16 couraged participation by the public as a whole in 

17 making its rules and decisions rather than encour18 aging participation solely by those it regulates. 

19 (13) The extent to which the public participa20 tion in rulemaking and decision making of the agen21 cy has resulted in rules and decisions compatible 

22 with the objectives of the agency. 

23 (14) The extent to which the agency complies 

24 with equal employment opportunity requirements re25 garding equal employment opportunity. 


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1 (15) The extent of the regulatory, privacy, and 

2 paperwork impacts of the programs carried out by 

3 the agency. 

4 (16) The extent to which the agency has coordi5 nated with State and local governments in per6 forming the functions of the agency. 

7 (17) The potential effects of abolishing the 

8 agency on State and local governments. 

9 (18) The extent to which changes are necessary 

10 in the authorizing statutes of the agency in order 

11 that the functions of the agency can be performed 

12 in the most efficient and effective manner. 

13 SEC. 6. OVERSIGHT BY COMMISSION. 

14 (a) MONITORING OF IMPLEMENTATION OF REC15 OMMENDATIONS.—The Commission shall monitor imple16 mentation of laws enacting provisions that incorporate rec17 ommendations of the Commission with respect to abolish18 ment or reorganization of agencies. 

19 (b) MONITORING OF OTHER RELEVANT LEGISLA20 TION.— 

21 (1) IN GENERAL.—The Commission shall review 

22 and report to Congress on all legislation introduced 

23 in either house of Congress that would establish— 

24 (A) a new agency; or 


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1 (B) a new program to be carried out by an 

2 existing agency. 

3 (2) REPORT TO CONGRESS.—The Commission 

4 shall include in each report submitted to Congress 

5 under paragraph (1) an analysis of whether— 

6 (A) the functions of the proposed agency 

7 or program could be carried out by one or more 

8 existing agencies; 

9 (B) the functions of the proposed agency 

10 or program could be carried out in a less re11 strictive manner than the manner proposed in 

12 the legislation; and 

13 (C) the legislation provides for public input 

14 regarding the performance of functions by the 

15 proposed agency or program. 

16 SEC. 7. DISPOSITION OF AGENCY AFFAIRS. 

17 The President, in consultation with the head of an 

18 agency determined to be abolished pursuant to section 

19 2(c), shall take such action as may be necessary to wind 

20 down the operation of such agency during the one year 

21 period following the date of abolishment for each such 

22 agency including the designation of an agency to carry out 

23 any ongoing authority, maintain custodial records, act as 

24 a party to unresolved legal actions or other obligations 

25 that cannot be resolved within one year. 


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1 SEC. 8. PROGRAM INVENTORY. 

2 (a) PREPARATION.—The Comptroller General and 

3 the Director of the Congressional Budget Office, in co4 operation with the Director of the Congressional Research 

5 Service, shall prepare an inventory of Federal programs 

6 (in this Act referred to as the ‘‘program inventory’’) with7 in each agency. 

8 (b) PURPOSE.—The purpose of the program inven9 tory is to advise and assist the Congress and the Commis10 sion in carrying out the requirements of this Act. Such 

11 inventory shall not in any way bind the committees of the 

12 Senate or the House of Representatives with respect to 

13 their responsibilities under this Act and shall not infringe 

14 on the legislative and oversight responsibilities of such 

15 committees. The Comptroller General shall compile and 

16 maintain the inventory and the Director of the Congres17 sional Budget Office shall provide budgetary information 

18 for inclusion in the inventory. 

19 (c) INVENTORY CONTENT.—The program inventory 

20 shall set forth for each program each of the following mat21 ters: 

22 (1) The specific provision or provisions of law 

23 authorizing the program. 

24 (2) The committees of the Senate and the 

25 House of Representatives which have legislative or 

26 oversight jurisdiction over the program. 


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1 (3) A brief statement of the purpose or pur2 poses to be achieved by the program. 

3 (4) The committees which have jurisdiction over 

4 legislation providing new budget authority for the 

5 program, including the appropriate subcommittees of 

6 the Committees on Appropriations of the Senate and 

7 the House of Representatives. 

8 (5) The agency and, if applicable, the subdivi9 sion thereof responsible for administering the pro10 gram. 

11 (6) The grants-in-aid, if any, provided by such 

12 program to State and local governments. 

13 (7) The next reauthorization date for the pro14 gram. 

15 (8) A unique identification number which links 

16 the program and functional category structure. 

17 (9) The year in which the program was origi18 nally established and, where applicable, the year in 

19 which the program expires. 

20 (10) Where applicable, the year in which new 

21 budget authority for the program was last author22 ized and the year in which current authorizations of 

23 new budget authority expire. 

24 (11) Any other information the Commission de25 termines to be necessary. 


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1 (d) BUDGET AUTHORITY.—The report also shall set 

2 forth for each program whether the new budget authority 

3 provided for such program is— 

4 (1) authorized for a definite period of time; 

5 (2) authorized in a specific dollar amount but 

6 without limit of time; 

7 (3) authorized without limit of time or dollar 

8 amounts; 

9 (4) not specifically authorized; or 

10 (5) permanently provided, as determined by the 

11 Director of the Congressional Budget Office. 

12 (e) CBO INFORMATION.—For each program or group 

13 of programs, the program inventory also shall include in14 formation prepared by the Director of the Congressional 

15 Budget Office indicating each of the following matters: 

16 (1) The amounts of new budget authority au17 thorized and provided for the program for each of 

18 the preceding four fiscal years and, where applicable, 

19 the four succeeding fiscal years. 

20 (2) The functional and subfunctional category 

21 in which the program is presently classified and was 

22 classified under the fiscal year 2020 budget. 

23 (3) The identification code and title of the ap24 propriation account in which budget authority is 

25 provided for the program. 


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1 (f) MUTUAL EXCHANGE OF INFORMATION.—The 

2 General Accountability Office, the Congressional Research 

3 Service, and the Congressional Budget Office shall permit 

4 the mutual exchange of available information in their pos5 session which would aid in the compilation of the program 

6 inventory. 

7 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of8 fice of Management and Budget and the agencies (and the 

9 subdivisions thereof) shall, to the extent necessary and 

10 possible, provide the General Accountability Office with 

11 assistance requested by the Comptroller General in the 

12 compilation of the program inventory. Such communica13 tions shall be treated as confidential until a report is 

14 issued under section 4(b). 

15 SEC. 9. EXPEDITED CONSIDERATION FOR SCHEDULE FOR 

16 REVIEW. 

17 (a) INTRODUCTION AND COMMITTEE CONSIDER18 ATION.— 

19 (1) INTRODUCTION.—A joint resolution shall be 

20 introduced in the Senate by the majority leader, or 

21 the majority leader’s designee, and in the House of 

22 Representatives, by the Speaker, or the Speaker’s 

23 designee not later than 60 days after the date on 

24 which the proposed legislation is submitted to Con25 gress. Upon such introduction, the Commission 


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1 schedule for review bill shall be referred to the ap2 propriate committees of Congress under paragraph 

3 (2). If the joint resolution is not introduced in ac4 cordance with the preceding sentence, then any 

5 member of Congress may introduce such legislation 

6 in their respective House of Congress beginning on 

7 the date that is the 5th calendar day that such 

8 House is in session following the date of the submis9 sion of such aggregate legislative language provi10 sions. 

11 (2) COMMITTEE CONSIDERATION.— 

12 (A) REFERRAL.—The joint resolution in13 troduced under paragraph (1) shall be referred 

14 to any appropriate committee of jurisdiction in 

15 the Senate and the House of Representatives. A 

16 committee to which the joint resolution is re17 ferred under this paragraph may review and 

18 comment on such legislation, may report such 

19 legislation to the respective House, and may not 

20 amend such legislation. 

21 (B) REPORTING.—Not later than 30 cal22 endar days after the introduction of the joint 

23 resolution, each Committee of Congress to 

24 which the joint resolution was referred shall re25 port the legislation. 


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1 (C) DISCHARGE OF COMMITTEE.—If a 

2 committee to which a joint resolution is referred 

3 has not reported such legislation at the end of 

4 30 calendar days after its introduction or at the 

5 end of the first day after there has been re6 ported to the House a joint resolution involved 

7 a joint resolution, whichever is earlier, such 

8 committee shall be deemed to be discharged 

9 from further consideration of such legislation 

10 and such legislation shall be placed on the ap11 propriate calendar of the House involved. 

12 (b) EXPEDITED PROCEDURE.— 

13 (1) CONSIDERATION.— 

14 (A) IN GENERAL.—Not later than 30 cal15 endar days after the date on which a committee 

16 has reported a joint resolution or has been dis17 charged from consideration of a joint resolution, 

18 the majority leader of the Senate, or the major19 ity leader’s designee, or the Speaker of the 

20 House of Representatives, or the Speaker’s des21 ignee, shall move to proceed to the consider22 ation of the joint resolution. It shall also be in 

23 order for any Member of the Senate or the 

24 House of Representatives, respectively, to move 

25 to proceed to the consideration of the joint resoVerDate Sep 11 2014 00:59 May 28, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2199.IH H2199

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1 lution at any time after the conclusion of such 

2 5-day period. 

3 (B) MOTION TO PROCEED.—A motion to 

4 proceed to the consideration of a joint resolu5 tion is highly privileged in the House of Rep6 resentatives and is privileged in the Senate and 

7 is not debatable. The motion is not subject to 

8 amendment or to a motion to postpone consid9 eration of the joint resolution. If the motion to 

10 proceed is agreed to, the Senate or the House 

11 of Representatives, as the case may be, shall 

12 immediately proceed to consideration of the 

13 joint resolution without intervening motion, 

14 order, or other business, and the joint resolu15 tion shall remain the unfinished business of the 

16 Senate or the House of Representatives, as the 

17 case may be, until disposed of. 

18 (C) LIMITED DEBATE.—Debate on the 

19 joint resolution and on all debatable motions 

20 and appeals in connection therewith shall be 

21 limited to not more than 10 hours, which shall 

22 be divided equally between those favoring and 

23 those opposing the joint resolution. A motion 

24 further to limit debate on the joint resolution is 

25 in order and is not debatable. All time used for 


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1 consideration of the joint resolution, including 

2 time used for quorum calls (except quorum calls 

3 immediately preceding a vote) and voting, shall 

4 come from the 10 hours of debate. 

5 (D) AMENDMENTS.—No amendment to the 

6 joint resolution shall be in order in the Senate 

7 and the House of Representatives. 

8 (E) VOTE ON FINAL PASSAGE.—Imme9 diately following the conclusion of the debate on 

10 the joint resolution, the vote on final passage of 

11 the joint resolution shall occur. 

12 (F) OTHER MOTIONS NOT IN ORDER.—A 

13 motion to postpone consideration of the joint 

14 resolution, a motion to proceed to the consider15 ation of other business, or a motion to recom16 mit the review joint resolution is not in order. 

17 A motion to reconsider the vote by which the 

18 joint resolution is agreed to or not agreed to is 

19 not in order. 

20 (2) CONSIDERATION BY OTHER HOUSE.—If, be21 fore the passage by one House of the joint resolution 

22 that was introduced in such House, such House re23 ceives from the other House a joint resolution as 

24 passed by such other House— 


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1 (A) the joint resolution of the other House 

2 shall not be referred to a committee and may 

3 only be considered for final passage in the 

4 House that receives it under subparagraph (C); 

5 (B) the procedure in the House in receipt 

6 of the joint resolution of the other House, shall 

7 be the same as if no joint resolution had been 

8 received from the other House; and 

9 (C) notwithstanding subparagraph (B), the 

10 vote on final passage shall be on the joint reso11 lution of the other House. 

12 (3) DISPOSITION.—Upon disposition of a joint 

13 resolution that is received by one House from the 

14 other House, it shall no longer be in order to con15 sider the joint resolution that was introduced in the 

16 receiving House. 

17 (c) RULES OF THE SENATE AND THE HOUSE OF

18 REPRESENTATIVES.—This section is enacted— 

19 (1) as an exercise of the rulemaking power of 

20 the Senate and the House of Representatives, re21 spectively, and is deemed to be part of the rules of 

22 each House, respectively, but applicable only with re23 spect to the procedure to be followed in that House 

24 in the case of the joint resolution, and it supersedes 


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1 other rules only to the extent that it is inconsistent 

2 with such rules; and 

3 (2) with full recognition of the constitutional 

4 right of either House to change the rules (so far as 

5 they relate to the procedure of that House) at any6 time, in the same manner, and to the same extent 

7 as in the case of any other rule of that House. 

8 (d) FALLBACK PROVISION.—If the Senate and the 

9 House of Representatives fail to act within one year from 

10 the date of introduction, the joint resolution takes effect. 

11 SEC. 10. DEFINITIONS. 

12 In this Act: 

13 (1) AGENCY.—The term ‘‘agency’’ has the 

14 meaning given the term Executive agency in section 

15 105 of title 5, United States Code, except that such 

16 term includes an advisory committee as that term is 

17 defined in section 3 of the Federal Advisory Com18 mittee Act (5 U.S.C. App.). 

19 (2) CALENDAR DAY.—The term ‘‘calendar day’’ 

20 means a calendar day other than one on which ei21 ther House is not in session because of an adjourn22 ment of more than 3 days to a date certain. 

23 (3) COMMISSION.—The term ‘‘Commission’’ 

24 means the Federal Agency Sunset Commission es25 tablished under section 3. 


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•HR 2199 IH

1 (4) SUPERMAJORITY.—The term ‘‘super-major2 ity’’ means an affirmative vote of two-thirds of the 

3 Members, duly chosen and sworn. 

4 (5) ADVISORY COMMITTEE.—The term ‘‘advi5 sory committee’’ has the meaning given the term in 

6 section 3(2) of the Federal Advisory Committee Act 

7 (5 U.S.C. App.). 

8 (4) JOINT RESOLUTION.—The term ‘‘joint reso9 lution’’ means a joint resolution consisting of the 

10 proposed legislative language submitted by the Com11 mission under section 4(a)(3) and introduced or re12 introduced under section 7(a). 

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pbinns on DSKJLVW7X2PROD with BILLS