I 

116TH CONGRESS 

2D SESSION H. R. 7226 

To establish a Federal Agency Sunset Commission, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2020 

Mr. SPANO 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 a Federal Agency Sunset Commission, and for 

other purposes. 

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 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADVISORY COMMITTEE.—The term ‘‘advi9 sory committee’’ has the meaning given the term in 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 7226 IH

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

2 (5 U.S.C. App.). 

3 (2) AGENCY.—The term ‘‘agency’’ has the 

4 meaning given the term in section 551 of title 5, 

5 United States Code. 

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

7 means the Federal Agency Sunset Commission es8 tablished under section 3. 

9 (4) JOINT RESOLUTION.—The term ‘‘joint reso10 lution’’ means a joint resolution consisting of the 

11 proposed legislative language submitted by the Com12 mission under section 4(a)(3) and introduced or re13 introduced under section 7(a). 

14 SEC. 3. ESTABLISHMENT OF FEDERAL AGENCY SUNSET 

15 COMMISSION. 

16 (a) ESTABLISHMENT.—There is established the Fed17 eral Agency Sunset Commission. 

18 (b) MEMBERSHIP.— 

19 (1) COMPOSITION.—The Commission shall be 

20 composed of 13 members of whom— 

21 (A) 1 shall be appointed by the President; 

22 (B) 3 shall be appointed by the majority 

23 leader of the Senate, of whom— 

24 (i) 2 shall be from among the mem25 bers of the Senate; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 7226 IH

1 (ii) 1 shall not be a member of Con2 gress and shall have expertise in the oper3 ation and administration of Federal Gov4 ernment programs; 

5 (C) 3 shall be appointed by the minority 

6 leader of the Senate, of whom— 

7 (i) 2 shall be from among the mem8 bers of the Senate; and 

9 (ii) 1 shall not be a member of Con10 gress and shall have expertise in the oper11 ation and administration of Federal Gov12 ernment programs; 

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

14 the House of Representatives, of whom— 

15 (i) 2 shall be from among the mem16 bers of the House of Representatives; and 

17 (ii) 1 shall not be a member of Con18 gress and shall have expertise in the oper19 ation and administration of Federal Gov20 ernment programs; and 

21 (E) 3 shall be appointed by the minority 

22 leader of the House of Representatives, of 

23 whom— 

24 (i) 2 shall be from among the mem25 bers of the House of Representatives; and 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 7226 IH

1 (ii) 1 shall not be a member of Con2 gress and shall have expertise in the oper3 ation and administration of Federal Gov4 ernment programs. 

5 (2) DATE.—The appointments of the members 

6 of the Commission shall be made not later than 180 

7 days after the date of enactment of this Act. 

8 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

9 (1) IN GENERAL.—A member of the Commis10 sion shall be appointed for the life of the Commis11 sion. 

12 (2) VACANCIES.—A vacancy in the Commis13 sion— 

14 (A) shall not affect the powers of the Com15 mission; and 

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

17 the original appointment not later than 30 days 

18 after the date on which the vacancy occurs. 

19 (d) MEETINGS.— 

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

21 after the date on which all members of the Commis22 sion have been appointed, the Commission shall hold 

23 the first meeting of the Commission. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 7226 IH

1 (2) FREQUENCY.—The Commission shall meet 

2 at the call of the Chairperson and not less than 2 

3 times per year. 

4 (3) QUORUM.—A majority of the members of 

5 the Commission shall constitute a quorum, but a 

6 lesser number of members may hold hearings. 

7 (e) CHAIRPERSON AND VICE CHAIRPERSON.—The 

8 Commission shall select a Chairperson and Vice Chair9 person from among the members of the Commission. 

10 (f) VOTING.—A majority of the members of the Com11 mission is required to make a recommendation under sec12 tion 4. 

13 SEC. 4. DUTIES OF COMMISSION. 

14 (a) IN GENERAL.—The Commission shall— 

15 (1) review and evaluate the efficiency and pub16 lic need for each agency or advisory commission not 

17 less frequently than once every 6 years using criteria 

18 established by the Commission; 

19 (2) recommend whether each agency or advisory 

20 commission should be continued, abolished, or reor21 ganized; 

22 (3) based on the recommendations of the Com23 mission, submit to Congress proposed legislative lan24 guage for abolishing, or reorganizing an agency or 

25 advisory commission; and 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 7226 IH

1 (4) if the Commission recommends to continue 

2 an agency or advisory commission without any 

3 change, submit to Congress a report that includes 

4 the reasons for the recommendation. 

5 (b) AGENCY SUBMISSIONS.—When the Commission 

6 is considering whether to recommend continuing, abol7 ishing, or reorganizing an agency or advisory commission, 

8 the agency or advisory commission, as applicable, shall 

9 submit timely responses to a questionnaire provided by the 

10 Commission, which shall include— 

11 (1) an explanation of why the functions of the 

12 agency or advisory committee continue to be nec13 essary; 

14 (2) what efficiencies taxpayers realize by the 

15 continued operation of the agency or advisory com16 mittee; and 

17 (3) why the responsibilities of the agency or ad18 visory committee cannot be better performed by the 

19 private sector or another agency or advisory com20 mittee. 

21 (c) RESEARCH SERVICES.—The Government Ac22 countability Office and the Congressional Budget Office, 

23 in coordination with the Congressional Research Service, 

24 shall provide primary research services to the Commission 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 7226 IH

1 to assist the Commission in carrying out the duties under 

2 this Act. 

3 SEC. 5. POWERS OF COMMISSION. 

4 (a) HEARINGS.—The Commission may hold such 

5 hearings, sit and act at such times and places, take such 

6 testimony, and receive such evidence as the Commission 

7 considers advisable to carry out this Act. 

8 (b) INFORMATION FROM AGENCIES AND ADVISORY

9 COMMITTEES.— 

10 (1) IN GENERAL.—The Commission may secure 

11 directly from an agency or advisory committee such 

12 information as the Commission considers necessary 

13 to carry out this Act. 

14 (2) FURNISHING INFORMATION.—On request of 

15 the Chairperson of the Commission, the head the 

16 agency or the Chair of the advisory committee shall 

17 furnish the information to the Commission. 

18 (c) POSTAL SERVICES.—The Commission may use 

19 the United States mails in the same manner and under 

20 the same conditions as other departments and agencies of 

21 the Federal Government. 

22 (d) GIFTS.—The Commission may accept, use, and 

23 dispose of gifts or donations of services or property. 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 7226 IH

1 SEC. 6. COMMISSION PERSONNEL MATTERS. 

2 (a) COMPENSATION OF MEMBERS.—A member of the 

3 Commission who is not an officer or employee of the Fed4 eral Government shall be compensated at a rate equal to 

5 the daily equivalent of the annual rate of basic pay pre6 scribed for level IV of the Executive Schedule under sec7 tion 5315 of title 5, United States Code, for each day (in8 cluding travel time) during which the member is engaged 

9 in the performance of the duties of the Commission. 

10 (b) TRAVEL EXPENSES.—A member of the Commis11 sion shall be allowed travel expenses, including per diem 

12 in lieu of subsistence, at rates authorized for employees 

13 of agencies under subchapter I of chapter 57 of title 5, 

14 United States Code, while away from their homes or reg15 ular places of business in the performance of services for 

16 the Commission. 

17 (c) STAFF.— 

18 (1) IN GENERAL.—The Chairperson of the 

19 Commission may, without regard to the civil service 

20 laws (including regulations), appoint and terminate 

21 an executive director and such other additional per22 sonnel as may be necessary to enable the Commis23 sion to perform its duties, except that the employ24 ment of an executive director shall be subject to con25 firmation by the Commission. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 7226 IH

1 (2) COMPENSATION.—The Chairperson of the 

2 Commission may fix the compensation of the execu3 tive director and other personnel without regard to 

4 chapter 51 and subchapter III of chapter 53 of title 

5 5, United States Code, relating to classification of 

6 positions and General Schedule pay rates, except 

7 that the rate of pay for the executive director and 

8 other personnel may not exceed the rate payable for 

9 level V of the Executive Schedule under section 5316 

10 of that title. 

11 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Fed12 eral Government employee may be detailed to the Commis13 sion without reimbursement, and such detail shall be with14 out interruption or loss of civil service status or privilege. 

15 (e) PROCUREMENT OF TEMPORARY AND INTERMIT16 TENT SERVICES.—The Chairperson of the Commission 

17 may procure temporary and intermittent services under 

18 section 3109(b) of title 5, United States Code, at rates 

19 for individuals that do not exceed the daily equivalent of 

20 the annual rate of basic pay prescribed for level V of the 

21 Executive Schedule under section 5316 of that title. 

22 SEC. 7. EXPEDITED PROCEDURES FOR CONSIDERATION OF 

23 JOINT RESOLUTIONS. 

24 (a) INTRODUCTION OF PROPOSED LEGISLATIVE

25 LANGUAGE.— 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 7226 IH

1 (1) IN GENERAL.—The proposed legislative lan2 guage submitted by the Commission under section 

3 4(a)(3)— 

4 (A) shall be introduced in the Senate (by 

5 request) by the majority leader or minority 

6 leader of the Senate or by a Member of the 

7 Senate designated by the majority leader or mi8 nority leader of the Senate not later than 60 

9 days after the date on which the proposed legis10 lation is submitted to Congress; and 

11 (B) shall be introduced in the House of 

12 Representatives (by request) by the Speaker of 

13 the House of Representatives or the minority 

14 leader of the House of Representatives or by a 

15 Member of the House of Representatives des16 ignated by the Speaker of the House of Rep17 resentatives or the minority leader of the House 

18 of Representatives not later than 60 days after 

19 the date on which the proposed legislation is 

20 submitted to Congress. 

21 (2) REINTRODUCTION.—The proposed legisla22 tive language submitted by the Commission under 

23 section 4(a)(3) shall be reintroduced as described in 

24 paragraph (1) not later than 60 days after the first 

25 day of a Congress if— 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 7226 IH

1 (A) the proposed legislative language was 

2 introduced during the previous Congress after 

3 the date that was 210 days before the date of 

4 the sine die adjournment of such previous Con5 gress; and 

6 (B) there was not a vote in either House 

7 of Congress on passage of the joint resolution 

8 introduced under subparagraph (A) during the 

9 previous Congress by which the joint resolution 

10 was not agreed to. 

11 (b) EXPEDITED CONSIDERATION IN HOUSE OF REP12 RESENTATIVES.— 

13 (1) REPORTING AND DISCHARGE.—Any com14 mittee of the House of Representatives to which a 

15 joint resolution is referred shall report it to the 

16 House of Representatives not later than 90 days 

17 after the date on which the joint resolution is intro18 duced or reintroduced in the House of Representa19 tives under subsection (a). If a committee fails to re20 port the joint resolution within that period, the com21 mittee shall be discharged from further consider22 ation of the joint resolution and the joint resolution 

23 shall be referred to the appropriate calendar. 

24 (2) PROCEEDING TO CONSIDERATION.— 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 7226 IH

1 (A) IN GENERAL.—After each committee 

2 authorized to consider a joint resolution reports 

3 it to the House of Representatives or has been 

4 discharged from its consideration, it shall be in 

5 order, not later than 120 days after the date on 

6 which the joint resolution is introduced or re7 introduced in the House of Representatives 

8 under subsection (a), to move to proceed to con9 sider the joint resolution in the House of Rep10 resentatives. 

11 (B) PROCEDURE.—For a motion to pro12 ceed to consideration of a joint resolution— 

13 (i) all points of order against the mo14 tion are waived; 

15 (ii) such a motion shall not be in 

16 order after the House of Representatives 

17 has disposed of a motion to proceed on the 

18 joint resolution; 

19 (iii) the previous question shall be 

20 considered as ordered on the motion to its 

21 adoption without intervening motion; 

22 (iv) the motion shall not be debatable; 

23 and 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 7226 IH

1 (v) a motion to reconsider the vote by 

2 which the motion is disposed of shall not 

3 be in order. 

4 (3) CONSIDERATION.—If the House of Rep5 resentatives proceeds to consideration of a joint res6 olution— 

7 (A) the joint resolution shall be considered 

8 as read; 

9 (B) all points of order against the joint 

10 resolution and against its consideration are 

11 waived; 

12 (C) the previous question shall be consid13 ered as ordered on the joint resolution to its 

14 passage without intervening motion except 10 

15 hours of debate equally divided and controlled 

16 by the proponent and an opponent; 

17 (D) an amendment to the joint resolution 

18 shall not be in order; and 

19 (E) a motion to reconsider the vote on pas20 sage of the joint resolution shall not be in 

21 order. 

22 (c) EXPEDITED CONSIDERATION IN SENATE.— 

23 (1) PLACEMENT ON CALENDAR.—Upon intro24 duction in the Senate, the joint resolution shall be 

25 placed immediately on the calendar. 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 7226 IH

1 (2) PROCEEDING TO CONSIDERATION.— 

2 (A) IN GENERAL.—Notwithstanding rule 

3 XXII of the Standing Rules of the Senate, it is 

4 in order, not later than 120 days after the date 

5 on which the joint resolution is introduced or 

6 reintroduced in the Senate under subsection (a) 

7 (even though a previous motion to the same ef8 fect has been disagreed to) to move to proceed 

9 to the consideration of a joint resolution. 

10 (B) PROCEDURE.—For a motion to pro11 ceed to the consideration of a joint resolution— 

12 (i) all points of order against the mo13 tion are waived; 

14 (ii) the motion is not debatable; 

15 (iii) the motion is not subject to a mo16 tion to postpone; 

17 (iv) a motion to reconsider the vote by 

18 which the motion is agreed to or disagreed 

19 to shall not be in order; and 

20 (v) if the motion is agreed to, the 

21 joint resolution shall remain the unfinished 

22 business until disposed of. 

23 (3) FLOOR CONSIDERATION.— 

24 (A) IN GENERAL.—If the Senate proceeds 

25 to consideration of a joint resolution— 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 7226 IH

1 (i) all points of order against the joint 

2 resolution (and against consideration of 

3 the joint resolution) are waived; 

4 (ii) consideration of the joint resolu5 tion, and all debatable motions and appeals 

6 in connection therewith, shall be limited to 

7 not more than 10 hours, which shall be di8 vided equally between the majority and mi9 nority leaders or their designees; 

10 (iii) a motion further to limit debate 

11 is in order and not debatable; 

12 (iv) an amendment to, a motion to 

13 postpone, or a motion to commit the joint 

14 resolution is not in order; and 

15 (v) a motion to proceed to the consid16 eration of other business is not in order. 

17 (B) VOTE ON PASSAGE.—The vote on pas18 sage shall occur immediately following the con19 clusion of the consideration of a joint resolu20 tion, and a single quorum call at the conclusion 

21 of the debate if requested in accordance with 

22 the rules of the Senate. 

23 (C) RULINGS OF THE CHAIR ON PROCE24 DURE.—Appeals from the decisions of the Chair 

25 relating to the application of this paragraph or 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 7226 IH

1 the rules of the Senate, as the case may be, to 

2 the procedure relating to a joint resolution shall 

3 be decided without debate. 

4 (d) RULES RELATING TO SENATE AND HOUSE OF

5 REPRESENTATIVES.— 

6 (1) COORDINATION WITH ACTION BY OTHER

7 HOUSE.—If, before the passage by one House of a 

8 joint resolution of that House, that House receives 

9 from the other House a joint resolution— 

10 (A) the joint resolution of the other House 

11 shall not be referred to a committee; and 

12 (B) with respect to a joint resolution of the 

13 House receiving the resolution— 

14 (i) the procedure in that House shall 

15 be the same as if no joint resolution had 

16 been received from the other House; and 

17 (ii) the vote on passage shall be on 

18 the joint resolution of the other House. 

19 (2) TREATMENT OF JOINT RESOLUTION OF

20 OTHER HOUSE.—If one House fails to introduce or 

21 consider a joint resolution under this section, the 

22 joint resolution of the other House shall be entitled 

23 to expedited floor procedures under this section. 

24 (3) TREATMENT OF COMPANION MEASURES.— 

25 If, following passage of a joint resolution in the SenVerDate Sep 11 2014 00:24 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H7226.IH H7226

kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 7226 IH

1 ate, the Senate receives the companion measure 

2 from the House of Representatives, the companion 

3 measure shall not be debatable. 

4 (4) CONSIDERATION AFTER PASSAGE.—If the 

5 President vetoes the joint resolution, consideration 

6 of a veto message in the Senate under this para7 graph shall be not more than 10 hours equally di8 vided between the majority and minority leaders or 

9 their designees. 

10 (e) RULES OF HOUSE OF REPRESENTATIVES AND

11 SENATE.—This section is enacted by Congress— 

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

13 the Senate and House of Representatives, respec14 tively, and as such is deemed a part of the rules of 

15 each House, respectively, but applicable only with re16 spect to the procedure to be followed in that House 

17 in the case of a joint resolution, and to supersede 

18 other rules only to the extent that it is inconsistent 

19 with such rules; and 

20 (2) with full recognition of the constitutional 

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

22 relating to the procedure of that House) at any time, 

23 in the same manner, and to the same extent as in 

24 the case of any other rule of that House. 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 7226 IH

1 SEC. 8. TERMINATION OF COMMISSION. 

2 The Commission shall terminate on the date that is 

3 12 years after the date of enactment of this Act. 

4 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—There is authorized to be appro6 priated to the Commission to carry out this Act such sums 

7 as may be necessary for fiscal years 2020 through 2029. 

8 (b) AVAILABILITY.—Any sums appropriated under 

9 the authorization contained in this section shall remain 

10 available, without fiscal year limitation, until expended. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS