I 

116TH CONGRESS 

2D SESSION H. R. 8554 

To establish the Federal Sunset Commission. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 9, 2020 

Mr. CLOUD (for himself, Mr. GOODEN, Mr. CRAWFORD, Mr. STEUBE, Mr. 

OLSON, Mr. WEBER of Texas, and Mr. BABIN) 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 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 Sunset Com5 mission Act of 2020’’. 

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

8 (a) SCHEDULE FOR REVIEW.—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. Such date of abolishment shall 

4 occur at least once every 12 years (or less, if determined 

5 appropriate by Congress). 

6 (b) REVIEW OF AGENCIES PERFORMING RELATED

7 FUNCTIONS.—In determining the schedule for review of 

8 agencies under subsection (a), the Commission shall pro9 vide that agencies that perform similar or related func10 tions be reviewed concurrently to promote efficiency and 

11 consolidation. 

12 (c) ABOLISHMENT OF AGENCIES.— 

13 (1) IN GENERAL.—Each agency shall be re14 viewed and abolished according to the schedule cre15 ated pursuant to this section and approved under 

16 section 9, unless the agency is reauthorized by the 

17 Congress. 

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

19 an agency may be extended for an additional 2 years 

20 if the Congress enacts legislation extending such 

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

22 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) COMPOSITION.—The Commission shall be com6 posed of 12 members (in this Act referred to as the ‘‘mem7 bers’’) who shall be appointed as follows: 

8 (1) Six members shall be appointed by the 

9 Speaker of the House of Representatives, one of 

10 whom may include the Speaker of the House of Rep11 resentatives, with minority members appointed with 

12 the consent of the minority leader of the House of 

13 Representatives. 

14 (2) Six members shall be appointed by the ma15 jority leader of the Senate, one of whom may include 

16 the majority leader of the Senate, with minority 

17 members appointed with the consent of the minority 

18 leader of the Senate. 

19 (c) QUALIFICATIONS OF MEMBERS.— 

20 (1) IN GENERAL.— 

21 (A) APPOINTED BY THE SPEAKER OF THE

22 HOUSE OF REPRESENTATIVES.—Of the mem23 bers appointed under subsection (b)(1), 4 shall 

24 be members of the House of Representatives 

25 (not more than 2 of whom may be of the same 


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1 political party), and two shall be an individual 

2 described in subparagraph (C). 

3 (B) APPOINTED BY THE MAJORITY LEAD4 ER OF THE SENATE.—Of the members ap5 pointed under subsection (b)(2), 4 shall be 

6 members of the Senate (not more than 2 of 

7 whom may be of the same political party) and 

8 two shall be an individual described in subpara9 graph (C). 

10 (C) INDIVIDUAL DESCRIBED.—An indi11 vidual under this subparagraph is an indi12 vidual— 

13 (i) who is not a member of Congress; 

14 and 

15 (ii) with expertise in the operation 

16 and administration of Government pro17 grams. 

18 (2) CONTINUATION OF MEMBERSHIP.—If a 

19 member was appointed to the Commission as a 

20 Member of Congress and the member ceases to be 

21 a Member of Congress, that member shall cease to 

22 be a member of the Commission. The validity of any 

23 action of the Commission shall not be affected as a 

24 result of a member becoming ineligible to serve as 


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1 a member for the reasons described in this para2 graph. 

3 (d) INITIAL APPOINTMENTS.—All initial appoint4 ments to the Commission shall be made not later than 90 

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

6 (e) CHAIRMAN; VICE CHAIRMAN.— 

7 (1) INITIAL CHAIRMAN.—An individual shall be 

8 designated by the Speaker of the House of Rep9 resentatives from among the members initially ap10 pointed under subsection (b)(1) to serve as chairman 

11 of the Commission for a period of 2 years. 

12 (2) INITIAL VICE-CHAIRMAN.—An individual 

13 shall be designated by the majority leader of the 

14 Senate from among the individuals initially ap15 pointed under subsection (b)(2) to serve as vice16 chairman of the Commission for a period of 2 years. 

17 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

18 AND VICE-CHAIRMEN.—Following the termination of 

19 the 2-year period described in paragraphs (1) and 

20 (2), the Speaker and the majority leader shall alter21 nate every two years in appointing the chairman and 

22 vice-chairman of the Commission. 

23 (f) TERMS OF MEMBERS.— 

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

25 the Commission shall serve for a term of 6 years, exVerDate Sep 11 2014 00:37 Oct 30, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8554.IH H8554

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1 cept that, of the members first appointed under 

2 paragraphs (1) and (2) of subsection (b), 2 members 

3 shall be appointed to serve a term of 3 years under 

4 each such paragraph. 

5 (2) TERM LIMIT.— 

6 (A) MEMBER OF CONGRESS.—A member 

7 of the Commission who is a member of Con8 gress and who serves more than 3 years of a 

9 term may not be appointed to another term as 

10 a member. 

11 (B) NOT A MEMBER OF CONGRESS.—A 

12 member of the Commission who is not a mem13 ber of Congress and who serves as a member of 

14 the Commission for more than 4 years may not 

15 be appointed to another term as a member. 

16 (3) VACANCIES.—Any member appointed to fill 

17 a vacancy occurring before the expiration of the 

18 term for which the member’s predecessor was ap19 pointed shall be appointed only for the remainder of 

20 that term. A member may serve after the expiration 

21 of that member’s term until a successor has taken 

22 office. A vacancy in the Commission shall be filled 

23 in the manner in which the original appointment was 

24 made. 

25 (g) POWERS OF COMMISSION.— 


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1 (1) HEARINGS AND SESSIONS.—The Commis2 sion may, for the purpose of carrying out this Act, 

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

4 places, take such testimony, and receive such evi5 dence as the Commission considers appropriate. The 

6 Commission may administer oaths to witnesses ap7 pearing before it. 

8 (2) OBTAINING INFORMATION.—The Commis9 sion may secure directly from any agency informa10 tion necessary to enable it to carry out its duties 

11 under this Act. Upon request of the Chairman, the 

12 head of that agency shall furnish that information to 

13 the Commission in a full and timely manner. 

14 (3) SUBPOENA POWER.— 

15 (A) AUTHORITY TO ISSUE SUBPOENA.— 

16 The Commission may issue a subpoena to re17 quire the attendance and testimony of witnesses 

18 and the production of evidence relating to any 

19 matter under investigation by the Commission. 

20 (B) COMPLIANCE WITH SUBPOENA.—If a 

21 person refuses to obey an order or subpoena of 

22 the Commission that is issued in connection 

23 with a Commission proceeding, the Commission 

24 may apply to the United States district court in 

25 the judicial district in which the proceeding is 


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1 held for an order requiring the person to com2 ply with the subpoena or order. 

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

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

5 18, United States Code (relating to immunity of wit6 nesses). 

7 (5) CONTRACT AUTHORITY.—The Commission 

8 may contract with and compensate government and 

9 private agencies or persons for services without re10 gard to section 6101 of title 41, United States Code 

11 (relating to advertising requirement for Federal Gov12 ernment purchases and sales). 

13 (h) COMMISSION PROCEDURES.— 

14 (1) MEETINGS.—The Commission shall meet at 

15 the call of the Chairman. 

16 (2) QUORUM.—Seven members of the Commis17 sion shall constitute a quorum but a lesser number 

18 may hold hearings. 

19 (3) VOTING.—The schedule for review sub20 mitted pursuant to section 2(a) and the report and 

21 draft of legislation submitted pursuant to section 4 

22 shall have the approval of not less than 7 of the 12 

23 members of the Commission. 

24 (i) PERSONNEL MATTERS.— 


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1 (1) COMPENSATION.—Members shall not be 

2 paid by reason of their service as members. 

3 (2) TRAVEL EXPENSES.—Each member shall 

4 receive travel expenses, including per diem in lieu of 

5 subsistence, in accordance with applicable provisions 

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

7 States Code. 

8 (3) DIRECTOR.—The Commission shall have a 

9 Director who shall be appointed by a vote of at least 

10 seven members of the Commission. The Director 

11 shall be paid at a rate not to exceed the maximum 

12 rate of basic pay for GS–15 of the General Schedule. 

13 (4) STAFF.—The Director may appoint and fix 

14 the pay of additional personnel as the Director con15 siders appropriate. 

16 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

17 LAWS.—The Director and staff of the Commission 

18 shall be appointed subject to the provisions of title 

19 5, United States Code, governing appointments in 

20 the competitive service, and shall be paid in accord21 ance with the provisions of chapter 51 and sub22 chapter III of chapter 53 of that title relating to 

23 classification and General Schedule pay rates. 

24 (j) OTHER ADMINISTRATIVE MATTERS.— 


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1 (1) POSTAL AND PRINTING SERVICES.—The 

2 Commission may use the United States mails and 

3 obtain printing and binding services in the same 

4 manner and under the same conditions as other 

5 agencies. 

6 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

7 Upon the request of the Commission, the Adminis8 trator of General Services shall provide to the Com9 mission, on a reimbursable basis, the administrative 

10 support services necessary for the Commission to 

11 carry out its duties under this Act. 

12 (3) EXPERTS AND CONSULTANTS.—The Com13 mission may procure temporary and intermittent 

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

15 States Code. 

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

17 AGENCIES. 

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

19 efficiency and public need for each agency in accordance 

20 with the criteria described in section 5. 

21 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

22 The Commission shall submit to Congress and the Presi23 dent not later than September 1 of each year a report 

24 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) DRAFT LEGISLATION.—The Commission shall 

23 submit to Congress and the President not later than Sep24 tember 1 of each year a draft of legislation to carry out 


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1 the recommendations of the Commission under subsection 

2 (b). 

3 (d) INFORMATION GATHERING.—The Commission 

4 shall— 

5 (1) conduct public hearings on the abolishment 

6 of each agency reviewed under subsection (b); 

7 (2) provide an opportunity for public comment 

8 on the abolishment of each such agency; 

9 (3) require the agency to provide information to 

10 the Commission as appropriate; and 

11 (4) consult with the General Accountability Of12 fice, the Office of Management and Budget, the 

13 Comptroller General, and the chairman and ranking 

14 minority members of the committees of Congress 

15 with oversight responsibility for the agency being re16 viewed regarding the operation of the agency. 

17 (e) USE OF PROGRAM INVENTORY.—The Commis18 sion shall use the program inventory prepared under sec19 tion 9 in reviewing the efficiency and public need for each 

20 agency under subsection (a). 

21 SEC. 5. CRITERIA FOR REVIEW. 

22 The Commission shall evaluate the efficiency and 

23 public need for each agency pursuant to section 4 using 

24 the following criteria: 


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

2 operation of, the programs carried out by each such 

3 agency. 

4 (2) Whether the programs carried out by the 

5 agency are cost-effective. 

6 (3) Whether the agency has acted outside the 

7 scope of its original authority, and whether the origi8 nal objectives of the agency have been achieved. 

9 (4) Whether less restrictive or alternative meth10 ods exist to carry out the functions of the agency. 

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

12 the programs administered by, the agency duplicate 

13 or conflict with the jurisdiction and programs of 

14 other agencies. 

15 (6) The potential benefits of consolidating pro16 grams administered by the agency with similar or 

17 duplicative programs of other agencies, and the po18 tential for consolidating such programs. 

19 (7) The number and types of beneficiaries or 

20 persons served by programs carried out by the agen21 cy. 

22 (8) The extent to which any trends, develop23 ments, and emerging conditions that are likely to af24 fect the future nature and extent of the problems or 


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1 needs that the programs carried out by the agency 

2 are intended to address. 

3 (9) The extent to which the agency has com4 plied with the applicable provisions contained in the 

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

6 1124, 1125, and the first 9703 of title 31, United 

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

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

9 Code. 

10 (10) The promptness and effectiveness with 

11 which the agency seeks public input and input from 

12 State and local governments on the efficiency and ef13 fectiveness of the performance of the functions of 

14 the agency. 

15 (11) Whether the agency has worked to enact 

16 changes in the law that are intended to benefit the 

17 public as a whole rather than the specific business, 

18 institution, or individuals that the agency regulates. 

19 (12) The extent to which the agency has en20 couraged participation by the public as a whole in 

21 making its rules and decisions rather than encour22 aging participation solely by those it regulates. 

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1 cy has resulted in rules and decisions compatible 

2 with the objectives of the agency. 

3 (14) The extent to which the agency complies 

4 with equal employment opportunity requirements re5 garding equal employment opportunity. 

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

7 paperwork impacts of the programs carried out by 

8 the agency. 

9 (16) The extent to which the agency has coordi10 nated with State and local governments in per11 forming the functions of the agency. 

12 (17) The potential effects of abolishing the 

13 agency on State and local governments. 

14 (18) The extent to which changes are necessary 

15 in the authorizing statutes of the agency in order 

16 that the functions of the agency can be performed 

17 in the most efficient and effective manner. 

18 SEC. 6. OVERSIGHT BY COMMISSION. 

19 (a) MONITORING OF IMPLEMENTATION OF REC20 OMMENDATIONS.—The Commission shall monitor imple21 mentation of laws enacting provisions that incorporate rec22 ommendations of the Commission with respect to abolish23 ment or reorganization of agencies. 

24 (b) MONITORING OF OTHER RELEVANT LEGISLA25 TION.— 


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

2 and report to Congress on all legislation introduced 

3 in either house of Congress that would establish— 

4 (A) a new agency; or 

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

6 existing agency. 

7 (2) REPORT TO CONGRESS.—The Commission 

8 shall include in each report submitted to Congress 

9 under paragraph (1) an analysis of whether— 

10 (A) the functions of the proposed agency 

11 or program could be carried out by one or more 

12 existing agencies; 

13 (B) the functions of the proposed agency 

14 or program could be carried out in a less re15 strictive manner than the manner proposed in 

16 the legislation; and 

17 (C) the legislation provides for public input 

18 regarding the performance of functions by the 

19 proposed agency or program. 

20 SEC. 7. DISPOSITION OF AGENCY AFFAIRS. 

21 The President, in consultation with the head of an 

22 agency determined to be abolished pursuant to section 

23 2(c), shall take such action as may be necessary to wind 

24 down the operation of such agency during the one year 

25 period following the date of abolishment for each such 


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1 agency including the designation of an agency to carry out 

2 any ongoing authority, maintain custodial records, act as 

3 a party to unresolved legal actions or other obligations 

4 that cannot be resolved within one year. 

5 SEC. 8. PROGRAM INVENTORY. 

6 (a) PREPARATION.—The Comptroller General and 

7 the Director of the Congressional Budget Office, in co8 operation with the Director of the Congressional Research 

9 Service, shall prepare an inventory of Federal programs 

10 (in this Act referred to as the ‘‘program inventory’’) with11 in each agency. 

12 (b) PURPOSE.—The purpose of the program inven13 tory is to advise and assist the Congress and the Commis14 sion in carrying out the requirements of this Act. Such 

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

16 Senate or the House of Representatives with respect to 

17 their responsibilities under this Act and shall not infringe 

18 on the legislative and oversight responsibilities of such 

19 committees. The Comptroller General shall compile and 

20 maintain the inventory and the Director of the Congres21 sional Budget Office shall provide budgetary information 

22 for inclusion in the inventory. 

23 (c) INVENTORY CONTENT.—The program inventory 

24 shall set forth for each program each of the following mat25 ters: 


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1 (1) The specific provision or provisions of law 

2 authorizing the program. 

3 (2) The committees of the Senate and the 

4 House of Representatives which have legislative or 

5 oversight jurisdiction over the program. 

6 (3) A brief statement of the purpose or pur7 poses to be achieved by the program. 

8 (4) The committees which have jurisdiction over 

9 legislation providing new budget authority for the 

10 program, including the appropriate subcommittees of 

11 the Committees on Appropriations of the Senate and 

12 the House of Representatives. 

13 (5) The agency and, if applicable, the subdivi14 sion thereof responsible for administering the pro15 gram. 

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

17 program to State and local governments. 

18 (7) The next reauthorization date for the pro19 gram. 

20 (8) A unique identification number which links 

21 the program and functional category structure. 

22 (9) The year in which the program was origi23 nally established and, where applicable, the year in 

24 which the program expires. 


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

2 budget authority for the program was last author3 ized and the year in which current authorizations of 

4 new budget authority expire. 

5 (11) Any other information the Commission de6 termines to be necessary. 

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

8 forth for each program whether the new budget authority 

9 provided for such program is— 

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

11 (2) authorized in a specific dollar amount but 

12 without limit of time; 

13 (3) authorized without limit of time or dollar 

14 amounts; 

15 (4) not specifically authorized; or 

16 (5) permanently provided, as determined by the 

17 Director of the Congressional Budget Office. 

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

19 of programs, the program inventory also shall include in20 formation prepared by the Director of the Congressional 

21 Budget Office indicating each of the following matters: 

22 (1) The amounts of new budget authority au23 thorized and provided for the program for each of 

24 the preceding four fiscal years and, where applicable, 

25 the four succeeding fiscal years. 


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1 (2) The functional and subfunctional category 

2 in which the program is presently classified and was 

3 classified under the fiscal year 2020 budget. 

4 (3) The identification code and title of the ap5 propriation account in which budget authority is 

6 provided for the program. 

7 (f) MUTUAL EXCHANGE OF INFORMATION.—The 

8 General Accountability Office, the Congressional Research 

9 Service, and the Congressional Budget Office shall permit 

10 the mutual exchange of available information in their pos11 session which would aid in the compilation of the program 

12 inventory. 

13 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of14 fice of Management and Budget and the agencies (and the 

15 subdivisions thereof) shall, to the extent necessary and 

16 possible, provide the General Accountability Office with 

17 assistance requested by the Comptroller General in the 

18 compilation of the program inventory. Such communica19 tions shall be treated as confidential until a report is 

20 issued under section 4(b). 

21 SEC. 9. EXPEDITED CONSIDERATION OF SCHEDULE FOR 

22 REVIEW. 

23 (a) INTRODUCTION AND COMMITTEE CONSIDER24 ATION.— 


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1 (1) INTRODUCTION.—The Commission schedule 

2 for review bill shall be introduced in the Senate by 

3 the majority leader, or the majority leader’s des4 ignee, and in the House of Representatives, by the 

5 Speaker, or the Speaker’s designee. Upon such in6 troduction, the Commission schedule for review bill 

7 shall be referred to the appropriate committees of 

8 Congress under paragraph (2). If the Commission 

9 schedule for review bill is not introduced in accord10 ance with the preceding sentence, then any member 

11 of Congress may introduce such bill in their respec12 tive House of Congress beginning on the date that 

13 is the 5th calendar day that such House is in session 

14 following the date of the submission of such aggre15 gate legislative language provisions. 

16 (2) COMMITTEE CONSIDERATION.— 

17 (A) REFERRAL.—A Commission schedule 

18 for review bill introduced under paragraph (1) 

19 shall be referred to any appropriate committee 

20 of jurisdiction in the Senate and the House of 

21 Representatives. A committee to which a Com22 mission schedule for review bill is referred 

23 under this paragraph may review and comment 

24 on such bill, may report such bill to the respec25 tive House, and may not amend such bill. 


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1 (B) REPORTING.—Not later than 30 cal2 endar days after the introduction of the Com3 mission schedule for review bill, each Com4 mittee of Congress to which the Commission 

5 schedule for review bill was referred shall report 

6 the bill. 

7 (C) DISCHARGE OF COMMITTEE.—If a 

8 committee to which is referred a Commission 

9 schedule for review bill has not reported such 

10 bill at the end of 30 calendar days after its in11 troduction or at the end of the first day after 

12 there has been reported to the House involved 

13 a Commission schedule for review bill, which14 ever is earlier, such committee shall be deemed 

15 to be discharged from further consideration of 

16 such bill, and such bill shall be placed on the 

17 appropriate calendar of the House involved. 

18 (b) EXPEDITED PROCEDURE.— 

19 (1) CONSIDERATION.— 

20 (A) IN GENERAL.—Not later than 5 cal21 endar days after the date on which a committee 

22 has reported a Commission schedule for review 

23 bill or been discharged from consideration of a 

24 Commission schedule for review bill, the major25 ity leader of the Senate, or the majority leader’s 


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1 designee, or the Speaker of the House of Rep2 resentatives, or the Speaker’s designee, shall 

3 move to proceed to the consideration of the 

4 Commission schedule for review bill. It shall 

5 also be in order for any member of the Senate 

6 or the House of Representatives, respectively, to 

7 move to proceed to the consideration of the 

8 Commission schedule for review bill at any time 

9 after the conclusion of such 5-day period. 

10 (B) MOTION TO PROCEED.—A motion to 

11 proceed to the consideration of a Commission 

12 schedule for review bill is highly privileged in 

13 the House of Representatives and is privileged 

14 in the Senate and is not debatable. The motion 

15 is not subject to amendment or to a motion to 

16 postpone consideration of the Commission 

17 schedule for review bill. If the motion to pro18 ceed is agreed to, the Senate or the House of 

19 Representatives, as the case may be, shall im20 mediately proceed to consideration of the Com21 mission schedule for review bill without inter22 vening motion, order, or other business, and the 

23 Commission schedule for review bill shall re24 main the unfinished business of the Senate or 


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1 the House of Representatives, as the case may 

2 be, until disposed of. 

3 (C) LIMITED DEBATE.—Debate on the 

4 Commission schedule for review bill and on all 

5 debatable motions and appeals in connection 

6 therewith shall be limited to not more than 10 

7 hours, which shall be divided equally between 

8 those favoring and those opposing the Commis9 sion schedule for review bill. A motion further 

10 to limit debate on the Commission schedule for 

11 review bill is in order and is not debatable. All 

12 time used for consideration of the Commission 

13 schedule for review bill, including time used for 

14 quorum calls (except quorum calls immediately 

15 preceding a vote) and voting, shall come from 

16 the 10 hours of debate. 

17 (D) AMENDMENTS.—No amendment to the 

18 Commission schedule for review bill shall be in 

19 order in the Senate and the House of Rep20 resentatives. 

21 (E) VOTE ON FINAL PASSAGE.—Imme22 diately following the conclusion of the debate on 

23 the Commission schedule for review bill, the 

24 vote on final passage of the Commission sched25 ule for review bill shall occur. 


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1 (F) OTHER MOTIONS NOT IN ORDER.—A 

2 motion to postpone consideration of the Com3 mission schedule for review bill, a motion to 

4 proceed to the consideration of other business, 

5 or a motion to recommit the Commission sched6 ule for review bill is not in order. A motion to 

7 reconsider the vote by which the Commission 

8 schedule for review bill is agreed to or not 

9 agreed to is not in order. 

10 (2) CONSIDERATION BY OTHER HOUSE.—If, be11 fore the passage by one House of the Commission 

12 schedule for review bill that was introduced in such 

13 House, such House receives from the other House a 

14 Commission schedule for review bill as passed by 

15 such other House— 

16 (A) the Commission schedule for review 

17 bill of the other House shall not be referred to 

18 a committee and may only be considered for 

19 final passage in the House that receives it 

20 under subparagraph (C); 

21 (B) the procedure in the House in receipt 

22 of the Commission schedule for review bill of 

23 the other House, shall be the same as if no 

24 Commission schedule for review bill had been 

25 received from the other House; and 


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1 (C) notwithstanding subparagraph (B), the 

2 vote on final passage shall be on the Commis3 sion schedule for review bill of the other House. 

4 (3) DISPOSITION.—Upon disposition of a Com5 mission schedule for review bill that is received by 

6 one House from the other House, it shall no longer 

7 be in order to consider the Commission schedule for 

8 review bill that was introduced in the receiving 

9 House. 

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

11 REPRESENTATIVES.—This section is enacted— 

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

13 the Senate and the House of Representatives, re14 spectively, and is deemed to be 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 Commission schedule for review bill, 

18 and it supersedes other rules only to the extent that 

19 it is inconsistent 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 they relate to the procedure of that House) at any 

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

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


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•HR 8554 IH

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

2 House of Representatives fail to act within one year from 

3 the date of introduction, the Commission schedule for re4 view takes effect. 

5 SEC. 10. DEFINITIONS. 

6 In this Act: 

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

8 meaning given the term Executive agency in section 

9 105 of title 5, United States Code, except that such 

10 term includes an advisory committee as that term is 

11 defined in section 3 of the Federal Advisory Com12 mittee Act (5 U.S.C. App.). 

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

14 means a calendar day other than one on which ei15 ther House is not in session because of an adjourn16 ment of more than 3 days to a date certain. 

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

18 means the Federal Agency Sunset Commission es19 tablished under section 3. 

20 (4) COMMISSION SCHEDULE FOR REVIEW

21 BILL.—The term ‘‘Commission schedule for review 

22 bill’’ means only a bill that is introduced as provided 

23 under section 9, and contains the schedule for review 

24 submitted pursuant to section 2(a), without modi25 fication. 


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•HR 8554 IH

1 (5) SUPERMAJORITY.—The term ‘‘super2 majority’’ means an affirmative vote of two-thirds of 

3 the Members, duly chosen and sworn. 

Æ 


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