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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 925 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 925

           To establish the Federal Agency Sunset Commission.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2021

 Mr. Scott of Florida (for himself, Mr. Braun, Mr. Crapo, Mr. Tillis, 
and Ms. Ernst) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
           To establish the Federal Agency Sunset Commission.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Agency Sunset Commission Act 
of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``advisory committee'' 
        has the meaning given the term in section 3 of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            (2) Agency.--The term ``agency''--
                    (A) has the meaning given the term ``Executive 
                agency'' in section 105 of title 5, United States Code; 
                and
                    (B) includes an advisory committee.
            (3) Calendar day.--The term ``calendar day'' means a 
        calendar day other than one on which either House is not in 
        session because of an adjournment of more than 3 days to a date 
        certain.
            (4) Commission.--The term ``Commission'' means the Federal 
        Agency Sunset Commission established under section 3.
            (5) Joint resolution.--The term ``joint resolution'' means 
        a joint resolution consisting of the proposed legislative 
        language submitted by the Commission under section 5(c) and 
        introduced or reintroduced under section 10(a).
            (6) Program inventory.--The term ``program inventory'' 
        means an inventory of Federal programs prepared under section 
        9.
            (7) Supermajority.--The term ``supermajority'' means an 
        affirmative vote of two-thirds of the Members, duly chosen and 
        sworn.

SEC. 3. REVIEW AND ABOLISHMENT OF FEDERAL AGENCIES.

    (a) Schedule for Review.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall submit to Congress 
        a schedule for review by the Commission of each agency that 
        lists the date of abolishment for each agency.
            (2) Frequency.--A date of abolishment described in 
        paragraph (1) shall occur not less frequently than once every 
        12 years (or less, if determined appropriate by Congress).
            (3) Format.--A schedule for review described in paragraph 
        (1) shall be in the form of a joint resolution.
    (b) Review of Agencies Performing Related Functions.--In 
determining the schedule for review of agencies under subsection (a), 
the Commission shall provide that agencies that perform similar or 
related functions be reviewed concurrently to promote efficiency and 
consolidation.
    (c) Abolishment of Agencies.--
            (1) In general.--Each agency shall be reviewed and 
        abolished according to the schedule created pursuant to this 
        section and approved under section 10, unless the agency is 
        reauthorized by Congress.
            (2) Extension.--The date of abolishment for an agency may 
        be extended for an additional 2 years if Congress enacts 
        legislation extending the date by a vote of a supermajority of 
        the Senate and the House of Representatives.

SEC. 4. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Federal Agency Sunset Commission''.
    (b) Membership.--The Commission shall be composed of 13 members, 
who shall be appointed as follows:
            (1) 1 shall be appointed by the President.
            (2) 3 shall be appointed by the majority leader of the 
        Senate, of whom--
                    (A) 2 shall be from among members of the Senate; 
                and
                    (B) 1 shall not be Member of Congress and shall 
                have expertise in the operation and administration of 
                Federal Government programs.
            (3) 3 shall be appointed by the minority leader of the 
        Senate, of whom--
                    (A) 2 shall be from among members of the Senate; 
                and
                    (B) 1 shall not be Member of Congress and shall 
                have expertise in the operation and administration of 
                Federal Government programs.
            (4) 3 shall be appointed by the Speaker of the House of 
        Representatives, of whom--
                    (A) 2 shall be from among members of the House of 
                Representatives; and
                    (B) 1 shall not be Member of Congress and shall 
                have expertise in the operation and administration of 
                Federal Government programs.
            (5) 3 shall be appointed by the minority leader of the 
        House of Representatives, of whom--
                    (A) 2 shall be from among members of the House of 
                Representatives; and
                    (B) 1 shall not be Member of Congress and shall 
                have expertise in the operation and administration of 
                Federal Government programs.
    (c) Continuation of Membership.--If a member was appointed to the 
Commission as a Member of Congress and the member ceases to be a Member 
of Congress, that member shall cease to be a member of the Commission.
    (d) Initial Appointments.--All initial appointments to the 
Commission shall be made not later than 90 days after the date of 
enactment of this Act.
    (e) Terms of Members.--
            (1) In general.--Each member appointed to the Commission 
        shall serve for a term of 6 years.
            (2) Vacancies.--A vacancy in the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment not later than 30 days after the 
                date on which the vacancy occurs.
    (f) Chairman; Vice Chairman.--The Commission shall select a 
Chairperson and Vice Chairperson from among the members of the 
Commission for a term of 4 years.
    (g) Powers of Commission.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this Act--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony, and receive such 
                evidence as the Commission considers appropriate; and
                    (B) administer oaths to witnesses appearing before 
                the Commission.
            (2) Obtaining information.--
                    (A) In general.--The Commission may secure directly 
                from any agency or advisory committee information 
                necessary to enable the Commission to carry out the 
                duties of the Commission under this Act.
                    (B) Furnishing information.--On request of the 
                Chairperson of the Commission, the head of the agency 
                or the Chair of the advisory committee, as applicable, 
                shall furnish information to the Commission in a full 
                and timely manner.
            (3) Subpoena power.--
                    (A) Authority to issue subpoena.--The Commission 
                may issue a subpoena to require the attendance and 
                testimony of witnesses and the production of evidence 
                relating to any matter under investigation by the 
                Commission.
                    (B) Compliance with subpoena.--If a person refuses 
                to obey an order or subpoena of the Commission that is 
                issued in connection with a Commission proceeding, the 
                Commission may apply to the United States district 
                court in the judicial district in which the proceeding 
                is held for an order requiring the person to comply 
                with the subpoena or order.
            (4) Immunity.--The Commission is an agency of the United 
        States for purposes of part V of title 18, United States Code 
        (relating to immunity of witnesses).
            (5) Contract authority.--The Commission may contract with 
        and compensate government and private agencies or persons for 
        services without regard to section 6101 of title 41, United 
        States Code (relating to advertising requirement for Federal 
        Government purchases and sales).
    (h) Commission Procedures.--
            (1) Initial meeting.--Not later than 45 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold the first meeting of the Commission.
            (2) Meetings.--The Commission shall meet at the call of the 
        Chairman and not fewer than 2 times per year.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum.
            (4) Voting.--The schedule for review submitted pursuant to 
        section 3(a) and the report and joint resolution submitted 
        pursuant to section 5 shall have the approval of not less than 
        a majority of the members of the Commission.
    (i) Personnel Matters.--
            (1) Compensation.--Members of the Commission shall not be 
        paid by reason of their service as members.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence in accordance with applicable provisions under 
        subchapter I of chapter 57 of title 5, United States Code.
            (3) Executive director.--The Commission shall have an 
        executive director who--
                    (A) shall be appointed and terminated by the 
                Chairperson of the Commission;
                    (B) shall be confirmed by a vote of not fewer than 
                7 members of the Commission; and
                    (C) may appoint and fix the pay of additional 
                personnel as the executive director considers 
                appropriate.
            (4) Applicability of certain civil service laws.--The 
        executive director and staff of the Commission shall be--
                    (A) appointed subject to the provisions of title 5, 
                United States Code, governing appointments in the 
                competitive service; and
                    (B) paid in accordance with the provisions of 
                chapter 51 and subchapter III of chapter 53 of that 
                title relating to classification and General Schedule 
                pay rates.
    (j) Other Administrative Matters.--
            (1) Postal and printing services.--The Commission may use 
        the United States mails and obtain printing and binding 
        services in the same manner and under the same conditions as 
        other departments and agencies of the Federal Government.
            (2) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out the duties of the Commission under this Act.
            (3) Experts and consultants.--The Commission may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
            (4) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.

SEC. 5. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL AGENCIES.

    (a) In General.--The Commission shall review the efficiency and 
public need for each agency using the criteria described in section 6.
    (b) Recommendations; Report to Congress.--Not later than September 
1 of each year, the Commission shall submit to Congress and the 
President a report containing--
            (1) an analysis of the efficiency of operation and public 
        need for each agency to be reviewed in the year in which the 
        report is submitted pursuant to the schedule submitted to 
        Congress under section 3;
            (2) an analysis of authority claimed by the executive 
        branch but not specifically authorized by statute;
            (3) recommendations on whether each such agency should be 
        abolished, reorganized, or continued;
            (4) recommendations on whether the functions of any other 
        agencies should be consolidated, transferred, or reorganized in 
        an agency to be reviewed in the year in which the report is 
        submitted pursuant to the schedule submitted to Congress under 
        section 3; and
            (5) recommendations for administrative and legislative 
        action with respect to each such agency, but not including 
        recommendations for appropriation levels.
    (c) Joint Resolution.--Not later than September 1 of each year, the 
Commission shall submit to Congress and the President a joint 
resolution to carry out the recommendations of the Commission under 
subsection (b).
    (d) Information Gathering.--The Commission shall--
            (1) conduct public hearings on the abolishment of each 
        agency reviewed under subsection (b);
            (2) provide an opportunity for public comment on the 
        abolishment of each such agency;
            (3) require the agency to provide information to the 
        Commission as appropriate; and
            (4) consult with the General Accountability Office, the 
        Office of Management and Budget, the Comptroller General of the 
        United States, and the chair and ranking members of the 
        committees of Congress with oversight responsibility for the 
        agency being reviewed regarding the operation of the agency.
    (e) Use of Program Inventory.--The Commission shall use the program 
inventory prepared under section 9 in reviewing the efficiency and 
public need for each agency under subsection (a).

SEC. 6. CRITERIA FOR REVIEW.

    The Commission shall evaluate the efficiency and public need for 
each agency pursuant to section 5 using the following criteria:
            (1) The effectiveness, and the efficiency of the operation 
        of, the programs carried out by the agency.
            (2) Whether the programs carried out by the agency are 
        cost-effective.
            (3) Whether the agency has acted outside the scope of the 
        original authority of the agency, and whether the original 
        objectives of the agency have been achieved.
            (4) Whether less restrictive or alternative methods exist 
        to carry out the functions of the agency.
            (5) The extent to which the jurisdiction of, and the 
        programs administered by, the agency duplicate or conflict with 
        the jurisdiction and programs of other agencies.
            (6) The potential benefits of consolidating programs 
        administered by the agency with similar or duplicative programs 
        of other agencies, and the potential for consolidating such 
        programs.
            (7) The number and types of beneficiaries or persons served 
        by programs carried out by the agency.
            (8) The extent to which any trends, developments, and 
        emerging conditions that are likely to affect the future nature 
        and extent of the problems or needs that the programs carried 
        out by the agency are intended to address.
            (9) The extent to which the agency has complied with the 
        applicable provisions contained in sections 1115, 1116, 1117, 
        1120, 1121, 1122, 1123, 1124, 1125, and the first section 9703 
        of title 31, United States Code, section 306 of title 5, United 
        States Code, and chapter 28 of title 39, United States Code.
            (10) The promptness and effectiveness with which the agency 
        seeks public input and input from State and local governments 
        on the efficiency and effectiveness of the performance of the 
        functions of the agency.
            (11) Whether the agency has worked to enact changes in the 
        law that are intended to benefit the public as a whole rather 
        than the specific business, institution, or individuals that 
        the agency regulates.
            (12) The extent to which the agency has encouraged 
        participation by the public as a whole in making the rules and 
        decisions of the agency rather than encouraging participation 
        solely by those that the agency regulates.
            (13) The extent to which the public participation in rule 
        making and decision making of the agency has resulted in rules 
        and decisions compatible with the objectives of the agency.
            (14) The extent to which the agency complies with equal 
        employment opportunity requirements regarding equal employment 
        opportunity.
            (15) The extent of the regulatory, privacy, and paperwork 
        impacts of the programs carried out by the agency.
            (16) The extent to which the agency has coordinated with 
        State and local governments in performing the functions of the 
        agency.
            (17) The potential effects of abolishing the agency on 
        State and local governments.
            (18) The extent to which changes are necessary in the 
        authorizing statutes of the agency in order that the functions 
        of the agency can be performed in the most efficient and 
        effective manner.

SEC. 7. OVERSIGHT BY COMMISSION.

    (a) Monitoring of Implementation of Recommendations.--The 
Commission shall monitor implementation of laws enacting provisions 
that incorporate recommendations of the Commission with respect to 
abolishment or reorganization of agencies.
    (b) Monitoring of Other Relevant Legislation.--
            (1) In general.--The Commission shall review and report to 
        Congress on all legislation introduced in either House of 
        Congress that would establish--
                    (A) a new agency; or
                    (B) a new program to be carried out by an existing 
                agency.
            (2) Report to congress.--The Commission shall include in 
        each report submitted to Congress under paragraph (1) an 
        analysis of whether--
                    (A) the functions of the proposed agency or program 
                could be carried out by 1 or more existing agencies;
                    (B) the functions of the proposed agency or program 
                could be carried out in a less restrictive manner than 
                the manner proposed in the legislation; and
                    (C) the legislation provides for public input 
                regarding the performance of functions by the proposed 
                agency or program.

SEC. 8. DISPOSITION OF AGENCY AFFAIRS.

    The President, in consultation with the head of an agency 
determined to be abolished pursuant to section 3(c), shall take such 
action as may be necessary to wind down the operation of the agency 
during the 1-year period following the date of abolishment for the 
agency, including the designation of an agency to carry out any ongoing 
authority, maintain custodial records, act as a party to unresolved 
legal actions, or other obligations that cannot be resolved within 1 
year.

SEC. 9. PROGRAM INVENTORY.

    (a) Preparation.--The Comptroller General of the United States and 
the Director of the Congressional Budget Office, in cooperation with 
the Director of the Congressional Research Service, shall prepare an 
inventory of Federal programs within each agency.
    (b) Purpose.--
            (1) In general.--The purpose of a program inventory is to 
        advise and assist Congress and the Commission in carrying out 
        the requirements of this Act.
            (2) Nonbinding.--A program inventory shall not in any way 
        bind the committees of the Senate or the House of 
        Representatives with respect to their responsibilities under 
        this Act and shall not infringe on the legislative and 
        oversight responsibilities of those committees.
            (3) Compilation and maintenance.--The Comptroller General 
        of the United States shall compile and maintain each program 
        inventory and the Director of the Congressional Budget Office 
        shall provide budgetary information for inclusion in each 
        program inventory.
    (c) Inventory Content.--The program inventory shall set forth for 
each program each of the following matters:
            (1) The specific provision or provisions of law authorizing 
        the program.
            (2) The committees of the Senate and the House of 
        Representatives that have legislative or oversight jurisdiction 
        over the program.
            (3) A brief statement of the purpose or purposes to be 
        achieved by the program.
            (4) The committees which have jurisdiction over legislation 
        providing new budget authority for the program, including the 
        appropriate subcommittees of the Committees on Appropriations 
        of the Senate and the House of Representatives.
            (5) The agency and, if applicable, the subdivision thereof 
        responsible for administering the program.
            (6) The grants-in-aid, if any, provided by the program to 
        State and local governments.
            (7) The next reauthorization date for the program.
            (8) A unique identification number that links the program 
        and functional category structure.
            (9) The year in which the program was originally 
        established and, where applicable, the year in which the 
        program expires.
            (10) Where applicable, the year in which new budget 
        authority for the program was last authorized and the year in 
        which current authorizations of new budget authority expire.
            (11) Whether the new budget authority provided for the 
        program is--
                    (A) authorized for a definite period of time;
                    (B) authorized in a specific dollar amount but 
                without limit of time;
                    (C) authorized without limit of time or dollar 
                amounts;
                    (D) not specifically authorized; or
                    (E) permanently provided, as determined by the 
                Director of the Congressional Budget Office.
            (12) Any other information the Commission determines to be 
        necessary.
    (d) CBO Information.--For each program or group of programs, the 
program inventory shall include information prepared by the Director of 
the Congressional Budget Office indicating each of the following:
            (1) The amounts of new budget authority authorized and 
        provided for the program for each of the preceding 4 fiscal 
        years and, where applicable, the 4 succeeding fiscal years.
            (2) The functional and subfunctional category in which the 
        program is presently classified and was classified under the 
        fiscal year 2020 budget.
            (3) The identification code and title of the appropriation 
        account in which budget authority is provided for the program.
    (e) Mutual Exchange of Information.--The General Accountability 
Office, the Congressional Research Service, and the Congressional 
Budget Office shall permit the mutual exchange of available information 
in their possession that would aid in the compilation of the program 
inventory.
    (f) Assistance by Executive Branch.--
            (1) In general.--The Office of Management and Budget and 
        the agencies (and the subdivisions thereof) shall, to the 
        extent necessary and possible, provide the General 
        Accountability Office with assistance requested by the 
        Comptroller General of the United States in the compilation of 
        the program inventory.
            (2) Confidentiality.--Communications described in paragraph 
        (1) shall be treated as confidential until a report is issued 
        under section 5(b).

SEC. 10. EXPEDITED CONSIDERATION FOR SCHEDULE FOR REVIEW.

    (a) Introduction and Committee Consideration.--
            (1) Introduction.--A joint resolution shall be introduced 
        in the Senate by the majority leader, or the majority leader's 
        designee, and in the House of Representatives, by the Speaker, 
        or the Speaker's designee not later than 60 days after the date 
        on which the proposed legislation is submitted to Congress. 
        Upon such introduction, the Commission schedule for review bill 
        shall be referred to the appropriate committees of Congress 
        under paragraph (2). If the joint resolution is not introduced 
        in accordance with the preceding sentence, then any member of 
        Congress may introduce such legislation in their respective 
        House of Congress beginning on the date that is the 5th 
        calendar day that such House is in session following the date 
        of the submission of such aggregate legislative language 
        provisions.
            (2) Committee consideration.--
                    (A) Referral.--The joint resolution introduced 
                under paragraph (1) shall be referred to any 
                appropriate committee of jurisdiction in the Senate and 
                the House of Representatives. A committee to which the 
                joint resolution is referred under this paragraph may 
                review and comment on such legislation, may report such 
                legislation to the respective House, and may not amend 
                such legislation.
                    (B) Reporting.--Not later than 30 calendar days 
                after the introduction of the joint resolution, each 
                Committee of Congress to which the joint resolution was 
                referred shall report the legislation.
                    (C) Discharge of committee.--If a committee to 
                which a joint resolution is referred has not reported 
                such legislation at the end of 30 calendar days after 
                its introduction or at the end of the first day after 
                there has been reported to the House a joint resolution 
                involved a joint resolution, whichever is earlier, such 
                committee shall be deemed to be discharged from further 
                consideration of such legislation and such legislation 
                shall be placed on the appropriate calendar of the 
                House involved.
    (b) Expedited Procedure.--
            (1) Consideration.--
                    (A) In general.--Not later than 30 calendar days 
                after the date on which a committee has reported a 
                joint resolution or has been discharged from 
                consideration of a joint resolution, the majority 
                leader of the Senate, or the majority leader's 
                designee, or the Speaker of the House of 
                Representatives, or the Speaker's designee, shall move 
                to proceed to the consideration of the joint 
                resolution. It shall also be in order for any Member of 
                the Senate or the House of Representatives, 
                respectively, to move to proceed to the consideration 
                of the joint resolution at any time after the 
                conclusion of such 5-day period.
                    (B) Motion to proceed.--A motion to proceed to the 
                consideration of a joint resolution is highly 
                privileged in the House of Representatives and is 
                privileged in the Senate and is not debatable. The 
                motion is not subject to amendment or to a motion to 
                postpone consideration of the joint resolution. If the 
                motion to proceed is agreed to, the Senate or the House 
                of Representatives, as the case may be, shall 
                immediately proceed to consideration of the joint 
                resolution without intervening motion, order, or other 
                business, and the joint resolution shall remain the 
                unfinished business of the Senate or the House of 
                Representatives, as the case may be, until disposed of.
                    (C) Limited debate.--Debate on the joint resolution 
                and on all debatable motions and appeals in connection 
                therewith shall be limited to not more than 10 hours, 
                which shall be divided equally between those favoring 
                and those opposing the joint resolution. A motion 
                further to limit debate on the joint resolution is in 
                order and is not debatable. All time used for 
                consideration of the joint resolution, including time 
                used for quorum calls (except quorum calls immediately 
                preceding a vote) and voting, shall come from the 10 
                hours of debate.
                    (D) Amendments.--No amendment to the joint 
                resolution shall be in order in the Senate and the 
                House of Representatives.
                    (E) Vote on final passage.--Immediately following 
                the conclusion of the debate on the joint resolution, 
                the vote on final passage of the joint resolution shall 
                occur.
                    (F) Other motions not in order.--A motion to 
                postpone consideration of the joint resolution, a 
                motion to proceed to the consideration of other 
                business, or a motion to recommit the review joint 
                resolution is not in order. A motion to reconsider the 
                vote by which the joint resolution is agreed to or not 
                agreed to is not in order.
            (2) Consideration by other house.--If, before the passage 
        by one House of the joint resolution that was introduced in 
        such House, such House receives from the other House a joint 
        resolution as passed by such other House--
                    (A) the joint resolution of the other House shall 
                not be referred to a committee and may only be 
                considered for final passage in the House that receives 
                it under subparagraph (C);
                    (B) the procedure in the House in receipt of the 
                joint resolution of the other House, shall be the same 
                as if no joint resolution had been received from the 
                other House; and
                    (C) notwithstanding subparagraph (B), the vote on 
                final passage shall be on the joint resolution of the 
                other House.
            (3) Disposition.--Upon disposition of a joint resolution 
        that is received by one House from the other House, it shall no 
        longer be in order to consider the joint resolution that was 
        introduced in the receiving House.
    (c) Rules of the Senate and the House of Representatives.--This 
section is enacted--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and is deemed 
        to be part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of the joint resolution, and it 
        supersedes other rules only to the extent that it is 
        inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at anytime, in the same manner, and to 
        the same extent as in the case of any other rule of that House.
    (d) Fallback Provision.--If the Senate and the House of 
Representatives fail to act within 1 year from the date of 
introduction, the joint resolution takes effect.
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