II 

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. 

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. DEFINITIONS. 

7 In this Act: 

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

10 section 3 of the Federal Advisory Committee Act (5 

11 U.S.C. App.). 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 925 IS

1 (2) AGENCY.—The term ‘‘agency’’— 

2 (A) has the meaning given the term ‘‘Exec3 utive agency’’ in section 105 of title 5, United 

4 States Code; and 

5 (B) includes an advisory committee. 

6 (3) CALENDAR DAY.—The term ‘‘calendar day’’ 

7 means a calendar day other than one on which ei8 ther House is not in session because of an adjourn9 ment of more than 3 days to a date certain. 

10 (4) COMMISSION.—The term ‘‘Commission’’ 

11 means the Federal Agency Sunset Commission es12 tablished under section 3. 

13 (5) JOINT RESOLUTION.—The term ‘‘joint reso14 lution’’ means a joint resolution consisting of the 

15 proposed legislative language submitted by the Com16 mission under section 5(c) and introduced or re17 introduced under section 10(a). 

18 (6) PROGRAM INVENTORY.—The term ‘‘pro19 gram inventory’’ means an inventory of Federal pro20 grams prepared under section 9. 

21 (7) SUPERMAJORITY.—The term ‘‘super22 majority’’ means an affirmative vote of two-thirds of 

23 the Members, duly chosen and sworn. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 925 IS

1 SEC. 3. REVIEW AND ABOLISHMENT OF FEDERAL AGEN2 CIES. 

3 (a) SCHEDULE FOR REVIEW.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Commission 

6 shall submit to Congress a schedule for review by 

7 the Commission of each agency that lists the date of 

8 abolishment for each agency. 

9 (2) FREQUENCY.—A date of abolishment de10 scribed in paragraph (1) shall occur not less fre11 quently than once every 12 years (or less, if deter12 mined appropriate by Congress). 

13 (3) FORMAT.—A schedule for review described 

14 in paragraph (1) shall be in the form of a joint reso15 lution. 

16 (b) REVIEW OF AGENCIES PERFORMING RELATED

17 FUNCTIONS.—In determining the schedule for review of 

18 agencies under subsection (a), the Commission shall pro19 vide that agencies that perform similar or related func20 tions be reviewed concurrently to promote efficiency and 

21 consolidation. 

22 (c) ABOLISHMENT OF AGENCIES.— 

23 (1) IN GENERAL.—Each agency shall be re24 viewed and abolished according to the schedule cre25 ated pursuant to this section and approved under 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 925 IS

1 section 10, unless the agency is reauthorized by Con2 gress. 

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

4 an agency may be extended for an additional 2 years 

5 if Congress enacts legislation extending the date by 

6 a vote of a supermajority of the Senate and the 

7 House of Representatives. 

8 SEC. 4. ESTABLISHMENT OF COMMISSION. 

9 (a) ESTABLISHMENT.—There is established a com10 mission to be known as the ‘‘Federal Agency Sunset Com11 mission’’. 

12 (b) MEMBERSHIP.—The Commission shall be com13 posed of 13 members, who shall be appointed as follows: 

14 (1) 1 shall be appointed by the President. 

15 (2) 3 shall be appointed by the majority leader 

16 of the Senate, of whom— 

17 (A) 2 shall be from among members of the 

18 Senate; and 

19 (B) 1 shall not be Member of Congress 

20 and shall have expertise in the operation and 

21 administration of Federal Government pro22 grams. 

23 (3) 3 shall be appointed by the minority leader 

24 of the Senate, of whom— 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 925 IS

1 (A) 2 shall be from among members of the 

2 Senate; and 

3 (B) 1 shall not be Member of Congress 

4 and shall have expertise in the operation and 

5 administration of Federal Government pro6 grams. 

7 (4) 3 shall be appointed by the Speaker of the 

8 House of Representatives, of whom— 

9 (A) 2 shall be from among members of the 

10 House of Representatives; and 

11 (B) 1 shall not be Member of Congress 

12 and shall have expertise in the operation and 

13 administration of Federal Government pro14 grams. 

15 (5) 3 shall be appointed by the minority leader 

16 of the House of Representatives, of whom— 

17 (A) 2 shall be from among members of the 

18 House of Representatives; and 

19 (B) 1 shall not be Member of Congress 

20 and shall have expertise in the operation and 

21 administration of Federal Government pro22 grams. 

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

24 was appointed to the Commission as a Member of Con25 gress and the member ceases to be a Member of Congress, 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 925 IS

1 that member shall cease to be a member of the Commis2 sion. 

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

5 days after the date of enactment of this Act. 

6 (e) TERMS OF MEMBERS.— 

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

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

9 (2) VACANCIES.—A vacancy in the Commis10 sion— 

11 (A) shall not affect the powers of the Com12 mission; and 

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

14 the original appointment not later than 30 days 

15 after the date on which the vacancy occurs. 

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

17 shall select a Chairperson and Vice Chairperson from 

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

19 years. 

20 (g) POWERS OF COMMISSION.— 

21 (1) HEARINGS AND SESSIONS.—The Commis22 sion may, for the purpose of carrying out this Act— 

23 (A) hold such hearings, sit and act at such 

24 times and places, take such testimony, and reVerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925

kjohnson on DSK79L0C42PROD with BILLS
7 

•S 925 IS

1 ceive such evidence as the Commission con2 siders appropriate; and 

3 (B) administer oaths to witnesses appear4 ing before the Commission. 

5 (2) OBTAINING INFORMATION.— 

6 (A) IN GENERAL.—The Commission may 

7 secure directly from any agency or advisory 

8 committee information necessary to enable the 

9 Commission to carry out the duties of the Com10 mission under this Act. 

11 (B) FURNISHING INFORMATION.—On re12 quest of the Chairperson of the Commission, 

13 the head of the agency or the Chair of the advi14 sory committee, as applicable, shall furnish in15 formation to the Commission in a full and time16 ly manner. 

17 (3) SUBPOENA POWER.— 

18 (A) AUTHORITY TO ISSUE SUBPOENA.— 

19 The Commission may issue a subpoena to re20 quire the attendance and testimony of witnesses 

21 and the production of evidence relating to any 

22 matter under investigation by the Commission. 

23 (B) COMPLIANCE WITH SUBPOENA.—If a 

24 person refuses to obey an order or subpoena of 

25 the Commission that is issued in connection 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 925 IS

1 with a Commission proceeding, the Commission 

2 may apply to the United States district court in 

3 the judicial district in which the proceeding is 

4 held for an order requiring the person to com5 ply with the subpoena or order. 

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

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

8 18, United States Code (relating to immunity of wit9 nesses). 

10 (5) CONTRACT AUTHORITY.—The Commission 

11 may contract with and compensate government and 

12 private agencies or persons for services without re13 gard to section 6101 of title 41, United States Code 

14 (relating to advertising requirement for Federal Gov15 ernment purchases and sales). 

16 (h) COMMISSION PROCEDURES.— 

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

18 after the date on which all members of the Commis19 sion have been appointed, the Commission shall hold 

20 the first meeting of the Commission. 

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

22 the call of the Chairman and not fewer than 2 times 

23 per year. 

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

25 the Commission shall constitute a quorum. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 925 IS

1 (4) VOTING.—The schedule for review sub2 mitted pursuant to section 3(a) and the report and 

3 joint resolution submitted pursuant to section 5 

4 shall have the approval of not less than a majority 

5 of the members of the Commission. 

6 (i) PERSONNEL MATTERS.— 

7 (1) COMPENSATION.—Members of the Commis8 sion shall not be paid by reason of their service as 

9 members. 

10 (2) TRAVEL EXPENSES.—Each member of the 

11 Commission shall receive travel expenses, including 

12 per diem in lieu of subsistence in accordance with 

13 applicable provisions under subchapter I of chapter 

14 57 of title 5, United States Code. 

15 (3) EXECUTIVE DIRECTOR.—The Commission 

16 shall have an executive director who— 

17 (A) shall be appointed and terminated by 

18 the Chairperson of the Commission; 

19 (B) shall be confirmed by a vote of not 

20 fewer than 7 members of the Commission; and 

21 (C) may appoint and fix the pay of addi22 tional personnel as the executive director con23 siders appropriate. 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 925 IS

1 (4) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The executive director and staff of the Com3 mission shall be— 

4 (A) appointed subject to the provisions of 

5 title 5, United States Code, governing appoint6 ments in the competitive service; and 

7 (B) paid in accordance with the provisions 

8 of chapter 51 and subchapter III of chapter 53 

9 of that title relating to classification and Gen10 eral Schedule pay rates. 

11 (j) OTHER ADMINISTRATIVE MATTERS.— 

12 (1) POSTAL AND PRINTING SERVICES.—The 

13 Commission may use the United States mails and 

14 obtain printing and binding services in the same 

15 manner and under the same conditions as other de16 partments and agencies of the Federal Government. 

17 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

18 Upon the request of the Commission, the Adminis19 trator of General Services shall provide to the Com20 mission, on a reimbursable basis, the administrative 

21 support services necessary for the Commission to 

22 carry out the duties of the Commission under this 

23 Act. 

24 (3) EXPERTS AND CONSULTANTS.—The Com25 mission may procure temporary and intermittent 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 925 IS

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

2 States Code. 

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

4 and dispose of gifts or donations of services or prop5 erty. 

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

7 AGENCIES. 

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

9 efficiency and public need for each agency using the cri10 teria described in section 6. 

11 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

12 Not later than September 1 of each year, the Commission 

13 shall submit to Congress and the President a report con14 taining— 

15 (1) an analysis of the efficiency of operation 

16 and public need for each agency to be reviewed in 

17 the year in which the report is submitted pursuant 

18 to the schedule submitted to Congress under section 

19 3; 

20 (2) an analysis of authority claimed by the ex21 ecutive branch but not specifically authorized by 

22 statute; 

23 (3) recommendations on whether each such 

24 agency should be abolished, reorganized, or contin25 ued; 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 925 IS

1 (4) recommendations on whether the functions 

2 of any other agencies should be consolidated, trans3 ferred, or reorganized in an agency to be reviewed 

4 in the year in which the report is submitted pursu5 ant to the schedule submitted to Congress under 

6 section 3; and 

7 (5) recommendations for administrative and 

8 legislative action with respect to each such agency, 

9 but not including recommendations for appropriation 

10 levels. 

11 (c) JOINT RESOLUTION.—Not later than September 

12 1 of each year, the Commission shall submit to Congress 

13 and the President a joint resolution to carry out the rec14 ommendations of the Commission under subsection (b). 

15 (d) INFORMATION GATHERING.—The Commission 

16 shall— 

17 (1) conduct public hearings on the abolishment 

18 of each agency reviewed under subsection (b); 

19 (2) provide an opportunity for public comment 

20 on the abolishment of each such agency; 

21 (3) require the agency to provide information to 

22 the Commission as appropriate; and 

23 (4) consult with the General Accountability Of24 fice, the Office of Management and Budget, the 

25 Comptroller General of the United States, and the 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 925 IS

1 chair and ranking members of the committees of 

2 Congress with oversight responsibility for the agency 

3 being reviewed regarding the operation of the agen4 cy. 

5 (e) USE OF PROGRAM INVENTORY.—The Commis6 sion shall use the program inventory prepared under sec7 tion 9 in reviewing the efficiency and public need for each 

8 agency under subsection (a). 

9 SEC. 6. CRITERIA FOR REVIEW. 

10 The Commission shall evaluate the efficiency and 

11 public need for each agency pursuant to section 5 using 

12 the following criteria: 

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

14 operation of, the programs carried out by the agen15 cy. 

16 (2) Whether the programs carried out by the 

17 agency are cost-effective. 

18 (3) Whether the agency has acted outside the 

19 scope of the original authority of the agency, and 

20 whether the original objectives of the agency have 

21 been achieved. 

22 (4) Whether less restrictive or alternative meth23 ods exist to carry out the functions of the agency. 

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

25 the programs administered by, the agency duplicate 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 925 IS

1 or conflict with the jurisdiction and programs of 

2 other agencies. 

3 (6) The potential benefits of consolidating pro4 grams administered by the agency with similar or 

5 duplicative programs of other agencies, and the po6 tential for consolidating such programs. 

7 (7) The number and types of beneficiaries or 

8 persons served by programs carried out by the agen9 cy. 

10 (8) The extent to which any trends, develop11 ments, and emerging conditions that are likely to af12 fect the future nature and extent of the problems or 

13 needs that the programs carried out by the agency 

14 are intended to address. 

15 (9) The extent to which the agency has com16 plied with the applicable provisions contained in sec17 tions 1115, 1116, 1117, 1120, 1121, 1122, 1123, 

18 1124, 1125, and the first section 9703 of title 31, 

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

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

21 States Code. 

22 (10) The promptness and effectiveness with 

23 which the agency seeks public input and input from 

24 State and local governments on the efficiency and efVerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925

kjohnson on DSK79L0C42PROD with BILLS
15 

•S 925 IS

1 fectiveness of the performance of the functions of 

2 the agency. 

3 (11) Whether the agency has worked to enact 

4 changes in the law that are intended to benefit the 

5 public as a whole rather than the specific business, 

6 institution, or individuals that the agency regulates. 

7 (12) The extent to which the agency has en8 couraged participation by the public as a whole in 

9 making the rules and decisions of the agency rather 

10 than encouraging participation solely by those that 

11 the agency regulates. 

12 (13) The extent to which the public participa13 tion in rule making and decision making of the 

14 agency has resulted in rules and decisions compat15 ible with the objectives of the agency. 

16 (14) The extent to which the agency complies 

17 with equal employment opportunity requirements re18 garding equal employment opportunity. 

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

20 paperwork impacts of the programs carried out by 

21 the agency. 

22 (16) The extent to which the agency has coordi23 nated with State and local governments in per24 forming the functions of the agency. 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 925 IS

1 (17) The potential effects of abolishing the 

2 agency on State and local governments. 

3 (18) The extent to which changes are necessary 

4 in the authorizing statutes of the agency in order 

5 that the functions of the agency can be performed 

6 in the most efficient and effective manner. 

7 SEC. 7. OVERSIGHT BY COMMISSION. 

8 (a) MONITORING OF IMPLEMENTATION OF REC9 OMMENDATIONS.—The Commission shall monitor imple10 mentation of laws enacting provisions that incorporate rec11 ommendations of the Commission with respect to abolish12 ment or reorganization of agencies. 

13 (b) MONITORING OF OTHER RELEVANT LEGISLA14 TION.— 

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

16 and report to Congress on all legislation introduced 

17 in either House of Congress that would establish— 

18 (A) a new agency; or 

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

20 existing agency. 

21 (2) REPORT TO CONGRESS.—The Commission 

22 shall include in each report submitted to Congress 

23 under paragraph (1) an analysis of whether— 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 925 IS

1 (A) the functions of the proposed agency 

2 or program could be carried out by 1 or more 

3 existing agencies; 

4 (B) the functions of the proposed agency 

5 or program could be carried out in a less re6 strictive manner than the manner proposed in 

7 the legislation; and 

8 (C) the legislation provides for public input 

9 regarding the performance of functions by the 

10 proposed agency or program. 

11 SEC. 8. DISPOSITION OF AGENCY AFFAIRS. 

12 The President, in consultation with the head of an 

13 agency determined to be abolished pursuant to section 

14 3(c), shall take such action as may be necessary to wind 

15 down the operation of the agency during the 1-year period 

16 following the date of abolishment for the agency, including 

17 the designation of an agency to carry out any ongoing au18 thority, maintain custodial records, act as a party to unre19 solved legal actions, or other obligations that cannot be 

20 resolved within 1 year. 

21 SEC. 9. PROGRAM INVENTORY. 

22 (a) PREPARATION.—The Comptroller General of the 

23 United States and the Director of the Congressional 

24 Budget Office, in cooperation with the Director of the 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 925 IS

1 Congressional Research Service, shall prepare an inven2 tory of Federal programs within each agency. 

3 (b) PURPOSE.— 

4 (1) IN GENERAL.—The purpose of a program 

5 inventory is to advise and assist Congress and the 

6 Commission in carrying out the requirements of this 

7 Act. 

8 (2) NONBINDING.—A program inventory shall 

9 not in any way bind the committees of the Senate 

10 or the House of Representatives with respect to their 

11 responsibilities under this Act and shall not infringe 

12 on the legislative and oversight responsibilities of 

13 those committees. 

14 (3) COMPILATION AND MAINTENANCE.—The 

15 Comptroller General of the United States shall com16 pile and maintain each program inventory and the 

17 Director of the Congressional Budget Office shall 

18 provide budgetary information for inclusion in each 

19 program inventory. 

20 (c) INVENTORY CONTENT.—The program inventory 

21 shall set forth for each program each of the following mat22 ters: 

23 (1) The specific provision or provisions of law 

24 authorizing the program. 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 925 IS

1 (2) The committees of the Senate and the 

2 House of Representatives that have legislative or 

3 oversight jurisdiction over the program. 

4 (3) A brief statement of the purpose or pur5 poses to be achieved by the program. 

6 (4) The committees which have jurisdiction over 

7 legislation providing new budget authority for the 

8 program, including the appropriate subcommittees of 

9 the Committees on Appropriations of the Senate and 

10 the House of Representatives. 

11 (5) The agency and, if applicable, the subdivi12 sion thereof responsible for administering the pro13 gram. 

14 (6) The grants-in-aid, if any, provided by the 

15 program to State and local governments. 

16 (7) The next reauthorization date for the pro17 gram. 

18 (8) A unique identification number that links 

19 the program and functional category structure. 

20 (9) The year in which the program was origi21 nally established and, where applicable, the year in 

22 which the program expires. 

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

24 budget authority for the program was last authorVerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925

kjohnson on DSK79L0C42PROD with BILLS
20 

•S 925 IS

1 ized and the year in which current authorizations of 

2 new budget authority expire. 

3 (11) Whether the new budget authority pro4 vided for the program is— 

5 (A) authorized for a definite period of 

6 time; 

7 (B) authorized in a specific dollar amount 

8 but without limit of time; 

9 (C) authorized without limit of time or dol10 lar amounts; 

11 (D) not specifically authorized; or 

12 (E) permanently provided, as determined 

13 by the Director of the Congressional Budget 

14 Office. 

15 (12) Any other information the Commission de16 termines to be necessary. 

17 (d) CBO INFORMATION.—For each program or 

18 group of programs, the program inventory shall include 

19 information prepared by the Director of the Congressional 

20 Budget Office indicating each of the following: 

21 (1) The amounts of new budget authority au22 thorized and provided for the program for each of 

23 the preceding 4 fiscal years and, where applicable, 

24 the 4 succeeding fiscal years. 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 925 IS

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 (e) 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 that would aid in the compilation of the program 

12 inventory. 

13 (f) ASSISTANCE BY EXECUTIVE BRANCH.— 

14 (1) IN GENERAL.—The Office of Management 

15 and Budget and the agencies (and the subdivisions 

16 thereof) shall, to the extent necessary and possible, 

17 provide the General Accountability Office with as18 sistance requested by the Comptroller General of the 

19 United States in the compilation of the program in20 ventory. 

21 (2) CONFIDENTIALITY.—Communications de22 scribed in paragraph (1) shall be treated as con23 fidential until a report is issued under section 5(b). 


kjohnson on DSK79L0C42PROD with BILLS
22 

•S 925 IS

1 SEC. 10. EXPEDITED CONSIDERATION FOR SCHEDULE FOR 

2 REVIEW. 

3 (a) INTRODUCTION AND COMMITTEE CONSIDER4 ATION.— 

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

6 introduced in the Senate by the majority leader, or 

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

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

9 designee not later than 60 days after the date on 

10 which the proposed legislation is submitted to Con11 gress. Upon such introduction, the Commission 

12 schedule for review bill shall be referred to the ap13 propriate committees of Congress under paragraph 

14 (2). If the joint resolution is not introduced in ac15 cordance with the preceding sentence, then any 

16 member of Congress may introduce such legislation 

17 in their respective House of Congress beginning on 

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

19 House is in session following the date of the submis20 sion of such aggregate legislative language provi21 sions. 

22 (2) COMMITTEE CONSIDERATION.— 

23 (A) REFERRAL.—The joint resolution in24 troduced under paragraph (1) shall be referred 

25 to any appropriate committee of jurisdiction in 

26 the Senate and the House of Representatives. A 


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 925 IS

1 committee to which the joint resolution is re2 ferred under this paragraph may review and 

3 comment on such legislation, may report such 

4 legislation to the respective House, and may not 

5 amend such legislation. 

6 (B) REPORTING.—Not later than 30 cal7 endar days after the introduction of the joint 

8 resolution, each Committee of Congress to 

9 which the joint resolution was referred shall re10 port the legislation. 

11 (C) DISCHARGE OF COMMITTEE.—If a 

12 committee to which a joint resolution is referred 

13 has not reported such legislation at the end of 

14 30 calendar days after its introduction or at the 

15 end of the first day after there has been re16 ported to the House a joint resolution involved 

17 a joint resolution, whichever is earlier, such 

18 committee shall be deemed to be discharged 

19 from further consideration of such legislation 

20 and such legislation shall be placed on the ap21 propriate calendar of the House involved. 

22 (b) EXPEDITED PROCEDURE.— 

23 (1) CONSIDERATION.— 

24 (A) IN GENERAL.—Not later than 30 cal25 endar days after the date on which a committee 


kjohnson on DSK79L0C42PROD with BILLS
24 

•S 925 IS

1 has reported a joint resolution or has been dis2 charged from consideration of a joint resolution, 

3 the majority leader of the Senate, or the major4 ity leader’s designee, or the Speaker of the 

5 House of Representatives, or the Speaker’s des6 ignee, shall move to proceed to the consider7 ation of the joint resolution. It shall also be in 

8 order for any Member of the Senate or the 

9 House of Representatives, respectively, to move 

10 to proceed to the consideration of the joint reso11 lution at any time after the conclusion of such 

12 5-day period. 

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

14 proceed to the consideration of a joint resolu15 tion is highly privileged in the House of Rep16 resentatives and is privileged in the Senate and 

17 is not debatable. The motion is not subject to 

18 amendment or to a motion to postpone consid19 eration of the joint resolution. If the motion to 

20 proceed is agreed to, the Senate or the House 

21 of Representatives, as the case may be, shall 

22 immediately proceed to consideration of the 

23 joint resolution without intervening motion, 

24 order, or other business, and the joint resolu25 tion shall remain the unfinished business of the 


kjohnson on DSK79L0C42PROD with BILLS
25 

•S 925 IS

1 Senate or the House of Representatives, as the 

2 case may be, until disposed of. 

3 (C) LIMITED DEBATE.—Debate on the 

4 joint resolution and on all debatable motions 

5 and appeals in connection therewith shall be 

6 limited to not more than 10 hours, which shall 

7 be divided equally between those favoring and 

8 those opposing the joint resolution. A motion 

9 further to limit debate on the joint resolution is 

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

11 consideration of the joint resolution, including 

12 time used for quorum calls (except quorum calls 

13 immediately preceding a vote) and voting, shall 

14 come from the 10 hours of debate. 

15 (D) AMENDMENTS.—No amendment to the 

16 joint resolution shall be in order in the Senate 

17 and the House of Representatives. 

18 (E) VOTE ON FINAL PASSAGE.—Imme19 diately following the conclusion of the debate on 

20 the joint resolution, the vote on final passage of 

21 the joint resolution shall occur. 

22 (F) OTHER MOTIONS NOT IN ORDER.—A 

23 motion to postpone consideration of the joint 

24 resolution, a motion to proceed to the consider25 ation of other business, or a motion to recomVerDate Sep 11 2014 01:08 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S925.IS S925

kjohnson on DSK79L0C42PROD with BILLS
26 

•S 925 IS

1 mit the review joint resolution is not in order. 

2 A motion to reconsider the vote by which the 

3 joint resolution is agreed to or not agreed to is 

4 not in order. 

5 (2) CONSIDERATION BY OTHER HOUSE.—If, be6 fore the passage by one House of the joint resolution 

7 that was introduced in such House, such House re8 ceives from the other House a joint resolution as 

9 passed by such other House— 

10 (A) the joint resolution of the other House 

11 shall not be referred to a committee and may 

12 only be considered for final passage in the 

13 House that receives it under subparagraph (C); 

14 (B) the procedure in the House in receipt 

15 of the joint resolution of the other House, shall 

16 be the same as if no joint resolution had been 

17 received from the other House; and 

18 (C) notwithstanding subparagraph (B), the 

19 vote on final passage shall be on the joint reso20 lution of the other House. 

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

22 resolution that is received by one House from the 

23 other House, it shall no longer be in order to con24 sider the joint resolution that was introduced in the 

25 receiving House. 


kjohnson on DSK79L0C42PROD with BILLS
27 

•S 925 IS

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

2 REPRESENTATIVES.—This section is enacted— 

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

4 the Senate and the House of Representatives, re5 spectively, and is deemed to be part of the rules of 

6 each House, respectively, but applicable only with re7 spect to the procedure to be followed in that House 

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

9 other rules only to the extent that it is inconsistent 

10 with such rules; and 

11 (2) with full recognition of the constitutional 

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

13 they relate to the procedure of that House) at any14 time, in the same manner, and to the same extent 

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

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

17 House of Representatives fail to act within 1 year from 

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

Æ 


kjohnson on DSK79L0C42PROD with BILLS