3 shall submit to Congress a schedule for review by the 
Commission of each agency that lists the date of abolish-
ment for each agency. Such date of abolishment shall 
occur at least once every 12 years (or less, if determined 
appropriate by Congress). 
(b) REVIEW OF AGENCIES PERFORMING RELATED 
FUNCTIONS.—In determining the schedule for review of 
agencies under subsection (a), the Commission shall pro-
vide that agencies that perform similar or related func-
tions be reviewed concurrently to promote efficiency and 
consolidation. 
(c) ABOLISHMENT OF AGENCIES.— 
(1) IN
GENERAL.—Each agency shall be re-
viewed and abolished according to the schedule cre-
ated pursuant to this section and approved under 
section 9, unless the agency is reauthorized by the 
Congress. 
(2) EXTENSION.—The date of abolishment for 
an agency may be extended for an additional 2 years 
if the Congress enacts legislation extending such 
date by a vote of a supermajority of the House of 
Representatives and the Senate. 
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SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Federal Agency Sunset Com-
mission’’. 
(b) COMPOSITION.—The Commission shall be com-
posed of 12 members (in this Act referred to as the ‘‘mem-
bers’’) who shall be appointed as follows: 
(1) Six members shall be appointed by the 
Speaker of the House of Representatives, one of 
whom may include the Speaker of the House of Rep-
resentatives, with minority members appointed with 
the consent of the minority leader of the House of 
Representatives. 
(2) Six members shall be appointed by the ma-
jority leader of the Senate, one of whom may include 
the majority leader of the Senate, with minority 
members appointed with the consent of the minority 
leader of the Senate. 
(c) QUALIFICATIONS OF MEMBERS.— 
(1) IN GENERAL.— 
(A) APPOINTED BY THE SPEAKER OF THE 
HOUSE OF REPRESENTATIVES.—Of the mem-
bers appointed under subsection (b)(1), 4 shall 
be members of the House of Representatives 
(not more than 2 of whom may be of the same 
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political party), and two shall be an individual 
described in subparagraph (C). 
(B) APPOINTED BY THE MAJORITY LEAD-
ER
OF
THE
SENATE.—Of the members ap-
pointed under subsection (b)(2), 4 shall be 
members of the Senate (not more than 2 of 
whom may be of the same political party) and 
two shall be an individual described in subpara-
graph (C). 
(C) INDIVIDUAL
DESCRIBED.—An indi-
vidual under this subparagraph is an indi-
vidual— 
(i) who is not a member of Congress; 
and 
(ii) with expertise in the operation 
and administration of Government pro-
grams. 
(2) 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. The validity of any 
action of the Commission shall not be affected as a 
result of a member becoming ineligible to serve as 
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a member for the reasons described in this para-
graph. 
(d) INITIAL APPOINTMENTS.—All initial appoint-
ments to the Commission shall be made not later than 90 
days after the date of the enactment of this Act. 
(e) CHAIRMAN; VICE CHAIRMAN.— 
(1) INITIAL CHAIRMAN.—An individual shall be 
designated by the Speaker of the House of Rep-
resentatives from among the members initially ap-
pointed under subsection (b)(1) to serve as chairman 
of the Commission for a period of 2 years. 
(2) INITIAL
VICE-CHAIRMAN.—An individual 
shall be designated by the majority leader of the 
Senate from among the individuals initially ap-
pointed under subsection (b)(2) to serve as vice- 
chairman of the Commission for a period of 2 years. 
(3) ALTERNATE APPOINTMENTS OF CHAIRMEN 
AND VICE-CHAIRMEN.—Following the termination of 
the 2-year period described in paragraphs (1) and 
(2), the Speaker and the majority leader shall alter-
nate every two years in appointing the chairman and 
vice-chairman of the Commission. 
(f) TERMS OF MEMBERS.— 
(1) IN GENERAL.—Each member appointed to 
the Commission shall serve for a term of 6 years, ex-
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cept that, of the members first appointed under 
paragraphs (1) and (2) of subsection (b), 2 members 
shall be appointed to serve a term of 3 years under 
each such paragraph. 
(2) TERM LIMIT.— 
(A) MEMBER OF CONGRESS.—A member 
of the Commission who is a member of Con-
gress and who serves more than 3 years of a 
term may not be appointed to another term as 
a member. 
(B) NOT
A
MEMBER
OF
CONGRESS.—A 
member of the Commission who is not a mem-
ber of Congress and who serves as a member of 
the Commission for more than 4 years may not 
be appointed to another term as a member. 
(3) VACANCIES.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. A vacancy in the Commission shall be filled 
in the manner in which the original appointment was 
made. 
(g) POWERS OF COMMISSION.— 
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(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this Act, 
hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evi-
dence as the Commission considers appropriate. The 
Commission may administer oaths to witnesses ap-
pearing before it. 
(2) OBTAINING
INFORMATION.—The Commis-
sion may secure directly from any agency informa-
tion necessary to enable it to carry out its duties 
under this Act. Upon request of the Chairman, the 
head of that agency shall furnish that 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 re-
quire 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 
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held for an order requiring the person to com-
ply 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 wit-
nesses). 
(5) CONTRACT AUTHORITY.—The Commission 
may contract with and compensate government and 
private agencies or persons for services without re-
gard to section 6101 of title 41, United States Code 
(relating to advertising requirement for Federal Gov-
ernment purchases and sales). 
(h) COMMISSION PROCEDURES.— 
(1) MEETINGS.—The Commission shall meet at 
the call of the Chairman. 
(2) QUORUM.—Seven members of the Commis-
sion shall constitute a quorum but a lesser number 
may hold hearings. 
(3) VOTING.—The schedule for review sub-
mitted pursuant to section 2(a) and the report and 
draft of legislation submitted pursuant to section 4 
shall have the approval of not less than 7 of the 12 
members of the Commission. 
(i) PERSONNEL MATTERS.— 
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(1) COMPENSATION.—Members shall not be 
paid by reason of their service as members. 
(2) TRAVEL
EXPENSES.—Each member 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) DIRECTOR.—The Commission shall have a 
Director who shall be appointed by a vote of at least 
seven members of the Commission. The Director 
shall be paid at a rate not to exceed the maximum 
rate of basic pay for GS–15 of the General Schedule. 
(4) STAFF.—The Director may appoint and fix 
the pay of additional personnel as the Director con-
siders appropriate. 
(5) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The Director and staff of the Commission 
shall be appointed subject to the provisions of title 
5, United States Code, governing appointments in 
the competitive service, and shall be paid in accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates. 
(j) OTHER ADMINISTRATIVE MATTERS.— 
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(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 
agencies. 
(2) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative 
support services necessary for the Commission to 
carry out its duties under this Act. 
(3) EXPERTS AND CONSULTANTS.—The Com-
mission may procure temporary and intermittent 
services under section 3109(b) of title 5, United 
States Code. 
SEC. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 
AGENCIES. 
(a) IN GENERAL.—The Commission shall review the 
efficiency and public need for each agency in accordance 
with the criteria described in section 5. 
(b) RECOMMENDATIONS; REPORT TO CONGRESS.— 
The Commission shall submit to Congress and the Presi-
dent not later than September 1 of each year a report 
containing— 
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(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 
2; 
(2) an analysis of authority claimed by the ex-
ecutive branch but not specifically authorized by 
statute; 
(3) recommendations on whether each such 
agency should be abolished, reorganized, or contin-
ued; 
(4) recommendations on whether the functions 
of any other agencies should be consolidated, trans-
ferred, or reorganized in an agency to be reviewed 
in the year in which the report is submitted pursu-
ant to the schedule submitted to Congress under 
section 2; and 
(5) recommendations for administrative and 
legislative action with respect to each such agency, 
but not including recommendations for appropriation 
levels. 
(c) DRAFT LEGISLATION.—The Commission shall 
submit to Congress and the President not later than Sep-
tember 1 of each year a draft of legislation to carry out 
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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 Of-
fice, the Office of Management and Budget, the 
Comptroller General, and the chairman and ranking 
minority members of the committees of Congress 
with oversight responsibility for the agency being re-
viewed regarding the operation of the agency. 
(e) USE OF PROGRAM INVENTORY.—The Commis-
sion shall use the program inventory prepared under sec-
tion 9 in reviewing the efficiency and public need for each 
agency under subsection (a). 
SEC. 5. CRITERIA FOR REVIEW. 
The Commission shall evaluate the efficiency and 
public need for each agency pursuant to section 4 using 
the following criteria: 
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(1) The effectiveness, and the efficiency of the 
operation of, the programs carried out by each such 
agency. 
(2) Whether the programs carried out by the 
agency are cost-effective. 
(3) Whether the agency has acted outside the 
scope of its original authority, and whether the origi-
nal objectives of the agency have been achieved. 
(4) Whether less restrictive or alternative meth-
ods 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 pro-
grams administered by the agency with similar or 
duplicative programs of other agencies, and the po-
tential for consolidating such programs. 
(7) The number and types of beneficiaries or 
persons served by programs carried out by the agen-
cy. 
(8) The extent to which any trends, develop-
ments, and emerging conditions that are likely to af-
fect the future nature and extent of the problems or 
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cy 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 re-
garding 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 coordi-
nated with State and local governments in per-
forming 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. 6. OVERSIGHT BY COMMISSION. 
(a) MONITORING
OF IMPLEMENTATION
OF REC-
OMMENDATIONS.—The Commission shall monitor imple-
mentation of laws enacting provisions that incorporate rec-
ommendations of the Commission with respect to abolish-
ment or reorganization of agencies. 
(b) MONITORING OF OTHER RELEVANT LEGISLA-
TION.— 
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(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 one or more 
existing agencies; 
(B) the functions of the proposed agency 
or program could be carried out in a less re-
strictive 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. 7. DISPOSITION OF AGENCY AFFAIRS. 
The President, in consultation with the head of an 
agency determined to be abolished pursuant to section 
2(c), shall take such action as may be necessary to wind 
down the operation of such agency during the one year 
period following the date of abolishment for each such 
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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 one year. 
SEC. 8. PROGRAM INVENTORY. 
(a) PREPARATION.—The Comptroller General and 
the Director of the Congressional Budget Office, in co-
operation with the Director of the Congressional Research 
Service, shall prepare an inventory of Federal programs 
(in this Act referred to as the ‘‘program inventory’’) with-
in each agency. 
(b) PURPOSE.—The purpose of the program inven-
tory is to advise and assist the Congress and the Commis-
sion in carrying out the requirements of this Act. Such 
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 such 
committees. The Comptroller General shall compile and 
maintain the inventory and the Director of the Congres-
sional Budget Office shall provide budgetary information 
for inclusion in the inventory. 
(c) INVENTORY CONTENT.—The program inventory 
shall set forth for each program each of the following mat-
ters: 
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(1) The specific provision or provisions of law 
authorizing the program. 
(2) The committees of the Senate and the 
House of Representatives which have legislative or 
oversight jurisdiction over the program. 
(3) A brief statement of the purpose or pur-
poses 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 subdivi-
sion thereof responsible for administering the pro-
gram. 
(6) The grants-in-aid, if any, provided by such 
program to State and local governments. 
(7) The next reauthorization date for the pro-
gram. 
(8) A unique identification number which links 
the program and functional category structure. 
(9) The year in which the program was origi-
nally established and, where applicable, the year in 
which the program expires. 
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(10) Where applicable, the year in which new 
budget authority for the program was last author-
ized and the year in which current authorizations of 
new budget authority expire. 
(11) Any other information the Commission de-
termines to be necessary. 
(d) BUDGET AUTHORITY.—The report also shall set 
forth for each program whether the new budget authority 
provided for such program is— 
(1) authorized for a definite period of time; 
(2) authorized in a specific dollar amount but 
without limit of time; 
(3) authorized without limit of time or dollar 
amounts; 
(4) not specifically authorized; or 
(5) permanently provided, as determined by the 
Director of the Congressional Budget Office. 
(e) CBO INFORMATION.—For each program or group 
of programs, the program inventory also shall include in-
formation prepared by the Director of the Congressional 
Budget Office indicating each of the following matters: 
(1) The amounts of new budget authority au-
thorized and provided for the program for each of 
the preceding four fiscal years and, where applicable, 
the four succeeding fiscal years. 
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(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 ap-
propriation account in which budget authority is 
provided for the program. 
(f) 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 pos-
session which would aid in the compilation of the program 
inventory. 
(g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of-
fice 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 in the 
compilation of the program inventory. Such communica-
tions shall be treated as confidential until a report is 
issued under section 4(b). 
SEC. 9. EXPEDITED CONSIDERATION OF SCHEDULE FOR 
REVIEW. 
(a) INTRODUCTION
AND COMMITTEE CONSIDER-
ATION.— 
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(1) INTRODUCTION.—The Commission schedule 
for review bill shall be introduced in the Senate by 
the majority leader, or the majority leader’s des-
ignee, and in the House of Representatives, by the 
Speaker, or the Speaker’s designee. Upon such in-
troduction, the Commission schedule for review bill 
shall be referred to the appropriate committees of 
Congress under paragraph (2). If the Commission 
schedule for review bill is not introduced in accord-
ance with the preceding sentence, then any member 
of Congress may introduce such bill in their respec-
tive 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 aggre-
gate legislative language provisions. 
(2) COMMITTEE CONSIDERATION.— 
(A) REFERRAL.—A Commission schedule 
for review bill 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 a Com-
mission schedule for review bill is referred 
under this paragraph may review and comment 
on such bill, may report such bill to the respec-
tive House, and may not amend such bill. 
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the House of Representatives, as the case may 
be, until disposed of. 
(C) LIMITED
DEBATE.—Debate on the 
Commission schedule for review bill 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 Commis-
sion schedule for review bill. A motion further 
to limit debate on the Commission schedule for 
review bill is in order and is not debatable. All 
time used for consideration of the Commission 
schedule for review bill, 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 
Commission schedule for review bill shall be in 
order in the Senate and the House of Rep-
resentatives. 
(E) VOTE
ON
FINAL
PASSAGE.—Imme-
diately following the conclusion of the debate on 
the Commission schedule for review bill, the 
vote on final passage of the Commission sched-
ule for review bill shall occur. 
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(F) OTHER MOTIONS NOT IN ORDER.—A 
motion to postpone consideration of the Com-
mission schedule for review bill, a motion to 
proceed to the consideration of other business, 
or a motion to recommit the Commission sched-
ule for review bill is not in order. A motion to 
reconsider the vote by which the Commission 
schedule for review bill is agreed to or not 
agreed to is not in order. 
(2) CONSIDERATION BY OTHER HOUSE.—If, be-
fore the passage by one House of the Commission 
schedule for review bill that was introduced in such 
House, such House receives from the other House a 
Commission schedule for review bill as passed by 
such other House— 
(A) the Commission schedule for review 
bill 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 Commission schedule for review bill of 
the other House, shall be the same as if no 
Commission schedule for review bill had been 
received from the other House; and 
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(C) notwithstanding subparagraph (B), the 
vote on final passage shall be on the Commis-
sion schedule for review bill of the other House. 
(3) DISPOSITION.—Upon disposition of a Com-
mission schedule for review bill that is received by 
one House from the other House, it shall no longer 
be in order to consider the Commission schedule for 
review bill 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, re-
spectively, and is deemed to be part of the rules of 
each House, respectively, but applicable only with re-
spect to the procedure to be followed in that House 
in the case of a Commission schedule for review bill, 
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 any 
time, in the same manner, and to the same extent 
as in the case of any other rule of that House. 
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(d) FALLBACK PROVISION.—If the Senate and the 
House of Representatives fail to act within one year from 
the date of introduction, the Commission schedule for re-
view takes effect. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term Executive agency in section 
105 of title 5, United States Code, except that such 
term includes an advisory committee as that term is 
defined in section 3 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(2) CALENDAR DAY.—The term ‘‘calendar day’’ 
means a calendar day other than one on which ei-
ther House is not in session because of an adjourn-
ment of more than 3 days to a date certain. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Agency Sunset Commission es-
tablished under section 3. 
(4) 
COMMISSION
SCHEDULE
FOR
REVIEW 
BILL.—The term ‘‘Commission schedule for review 
bill’’ means only a bill that is introduced as provided 
under section 9, and contains the schedule for review 
submitted pursuant to section 2(a), without modi-
fication. 
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(5) 
SUPERMAJORITY.—The 
term 
‘‘super-
majority’’ means an affirmative vote of two-thirds of 
the Members, duly chosen and sworn. 
Æ 
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