I 
118TH CONGRESS 
1ST SESSION H. R. 1206 
To establish the Federal Agency Sunset Commission. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2023 
Mr. CLOUD (for himself, Mr. DONALDS, Mr. GOOD of Virginia, Mr. NORMAN, 
Mr. PERRY, Ms. VAN DUYNE, Mrs. MILLER of Illinois, Mr. OGLES, Mr. 
BRECHEEN, Mr. BURLISON, Mr. MOORE of Alabama, Mr. WEBER of 
Texas, Mrs. BOEBERT, Mrs. LUNA, and Mr. MCCORMICK) introduced the 
following bill; which was referred to the Committee on Oversight and Ac-
countability, and in addition to the Committee on Rules, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To establish the Federal Agency Sunset Commission. 
Be it enacted by the Senate and House of Representa-
tives 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 2023’’. 
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SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGEN-
CIES. 
(a) SCHEDULE FOR REVIEW.—(1) Not later than one 
year after the date of the enactment of this Act, the Fed-
eral Agency Sunset Commission established under section 
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. 
(2) Such date of abolishment shall occur at least once 
every 12 years (or less, if determine appropriate by Con-
gress). 
(3) The Schedule for review will 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 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. 
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(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. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Federal Agency Sunset Com-
mission’’. 
(b) MEMBERSHIP.— 
(1) The Commission shall be composed of 13 
members (in this Act referred to as the ‘‘members’’) 
who shall be appointed as follows: 
(A) 1 shall be appointed by the President. 
(B) 3 shall be appointed by the majority 
leader of the Senate, of whom— 
(i) 2 shall be from among Members of 
the Senate; and 
(ii) 1 shall not be Member of Con-
gress and shall have expertise in the oper-
ation and administration of Federal Gov-
ernment programs. 
(C) 3 shall be appointed by the minority 
leader of the Senate, of whom— 
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(i) 2 shall be from among Members of 
the Senate; and 
(ii) 1 shall not be Member of Con-
gress and shall have expertise in the oper-
ation and administration of Federal Gov-
ernment programs. 
(D) 3 shall be appointed by the Speaker of 
the House of Representatives, of whom— 
(i) 2 shall be from among Members of 
the House of Representatives; and 
(ii) 1 shall not be Member of Con-
gress and shall have expertise in the oper-
ation and administration of Federal Gov-
ernment programs. 
(E) 3 shall be appointed by the minority 
leader of the House of Representatives, of 
whom— 
(i) 2 shall be from among Members of 
the House of Representatives; and 
(ii) 1 shall not be Member of Con-
gress and shall have expertise in the oper-
ation and administration of Federal Gov-
ernment programs. 
(c) CONTINUATION OF MEMBERSHIP.—If a member 
was appointed to the Commission as a Member of Con-
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gress and the member ceases to be a Member of Congress, 
that member shall cease to be a member of the Commis-
sion. 
(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) 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 Commis-
sion— 
(A) shall not affect the powers of the Com-
mission; 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 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-
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dence as the Commission considers appropriate. The 
Commission may administer oaths to witnesses ap-
pearing before it. 
(2) OBTAINING INFORMATION.— 
(A) IN GENERAL.—The Commission may 
secure directly from any agency or advisory 
committee information necessary to enable it to 
carry out its duties under this Act. 
(B) FURNISHING
INFORMATION.—On re-
quest of the Chairperson of the Commission, 
the head of the agency, or the Chair of the ad-
visory committee 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 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) INITIAL MEETING.—Not later than 45 days 
after the date on which all members of the Commis-
sion 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 less 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 sub-
mitted pursuant to section 2(a) and the report and 
joint resolution submitted pursuant to section 4 
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shall have the approval of not less than a majority 
of the members of the Commission. 
(i) PERSONNEL MATTERS.— 
(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 an 
executive director who shall be appointed and termi-
nated by the Chairperson of the Commission. 
(A) The executive director must be con-
firmed by a vote of at least seven members of 
the Commission. 
(B) The Director may appoint and fix the 
pay of additional personnel as the Director con-
siders appropriate. 
(4) 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-chap-
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ter III of chapter 53 of that title relating to classi-
fication 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 de-
partments and agencies of the Federal Government. 
(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. 
(4) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty. 
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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 using 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— 
(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 
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(5) recommendations for administrative and 
legislative action with respect to each such agency, 
but not including recommendations for appropriation 
levels. 
(c) JOINT RESOLUTION.—The Commission shall sub-
mit to Congress and the President not later than Sep-
tember 1 of each year 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 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-
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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: 
(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. 
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(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 
needs that the programs carried out by the agency 
are intended to address. 
(9) The extent to which the agency has com-
plied with the applicable provisions contained in the 
sections 1115, 1116, 1117, 1120, 1121, 1122, 1123, 
1124, 1125, and the first 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 ef-
fectiveness 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. 
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(12) The extent to which the agency has en-
couraged participation by the public as a whole in 
making its rules and decisions rather than encour-
aging participation solely by those it regulates. 
(13) The extent to which the public participa-
tion in rulemaking and decision making of the agen-
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. 
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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.— 
(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 
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(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 
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 
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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: 
(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. 
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(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. 
(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 
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(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. 
(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 
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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 FOR SCHEDULE FOR 
REVIEW. 
(a) INTRODUCTION
AND COMMITTEE CONSIDER-
ATION.— 
(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 Con-
gress. Upon such introduction, the Commission 
schedule for review bill shall be referred to the ap-
propriate committees of Congress under paragraph 
(2). If the joint resolution is not introduced in ac-
cordance 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 submis-
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sion of such aggregate legislative language provi-
sions. 
(2) COMMITTEE CONSIDERATION.— 
(A) REFERRAL.—The joint resolution in-
troduced 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 re-
ferred 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 cal-
endar days after the introduction of the joint 
resolution, each Committee of Congress to 
which the joint resolution was referred shall re-
port 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 re-
ported to the House a joint resolution involved 
a joint resolution, whichever is earlier, such 
committee shall be deemed to be discharged 
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(E) VOTE
ON
FINAL
PASSAGE.—Imme-
diately 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 consider-
ation of other business, or a motion to recom-
mit 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, be-
fore the passage by one House of the joint resolution 
that was introduced in such House, such House re-
ceives 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 
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(C) notwithstanding subparagraph (B), the 
vote on final passage shall be on the joint reso-
lution 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 con-
sider 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, 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 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 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 joint resolution 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. 
(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) SUPERMAJORITY.—The term ‘‘super-major-
ity’’ means an affirmative vote of two-thirds of the 
Members, duly chosen and sworn. 
(5) ADVISORY COMMITTEE.—The term ‘‘advi-
sory committee’’ has the meaning given the term in 
section 1001 of title 5, United States Code. 
(4) JOINT RESOLUTION.—The term ‘‘joint reso-
lution’’ means a joint resolution consisting of the 
proposed legislative language submitted by the Com-
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mission under section 4(a)(3) and introduced or re-
introduced under section 7(a). 
Æ 
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