I 
116TH CONGRESS 
2D SESSION 
H. R. 7226 
To establish a Federal Agency Sunset Commission, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2020 
Mr. SPANO introduced the following bill; which was referred to the Committee 
on Oversight and Reform, and in addition to the Committee on Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To establish a Federal Agency Sunset Commission, and for 
other purposes. 
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 
Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADVISORY COMMITTEE.—The term ‘‘advi-
sory committee’’ has the meaning given the term in 
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section 3(2) of the Federal Advisory Committee Act 
(5 U.S.C. App.). 
(2) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Agency Sunset Commission es-
tablished under section 3. 
(4) JOINT RESOLUTION.—The term ‘‘joint reso-
lution’’ means a joint resolution consisting of the 
proposed legislative language submitted by the Com-
mission under section 4(a)(3) and introduced or re-
introduced under section 7(a). 
SEC. 3. ESTABLISHMENT OF FEDERAL AGENCY SUNSET 
COMMISSION. 
(a) ESTABLISHMENT.—There is established the Fed-
eral Agency Sunset Commission. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 13 members of whom— 
(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 the mem-
bers of the Senate; and 
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(ii) 1 shall not be a 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— 
(i) 2 shall be from among the mem-
bers of the Senate; and 
(ii) 1 shall not be a 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 the mem-
bers of the House of Representatives; and 
(ii) 1 shall not be a member of Con-
gress and shall have expertise in the oper-
ation and administration of Federal Gov-
ernment programs; and 
(E) 3 shall be appointed by the minority 
leader of the House of Representatives, of 
whom— 
(i) 2 shall be from among the mem-
bers of the House of Representatives; and 
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(2) FREQUENCY.—The Commission shall meet 
at the call of the Chairperson and not less than 2 
times per year. 
(3) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum, but a 
lesser number of members may hold hearings. 
(e) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Commission shall select a Chairperson and Vice Chair-
person from among the members of the Commission. 
(f) VOTING.—A majority of the members of the Com-
mission is required to make a recommendation under sec-
tion 4. 
SEC. 4. DUTIES OF COMMISSION. 
(a) IN GENERAL.—The Commission shall— 
(1) review and evaluate the efficiency and pub-
lic need for each agency or advisory commission not 
less frequently than once every 6 years using criteria 
established by the Commission; 
(2) recommend whether each agency or advisory 
commission should be continued, abolished, or reor-
ganized; 
(3) based on the recommendations of the Com-
mission, submit to Congress proposed legislative lan-
guage for abolishing, or reorganizing an agency or 
advisory commission; and 
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(4) if the Commission recommends to continue 
an agency or advisory commission without any 
change, submit to Congress a report that includes 
the reasons for the recommendation. 
(b) AGENCY SUBMISSIONS.—When the Commission 
is considering whether to recommend continuing, abol-
ishing, or reorganizing an agency or advisory commission, 
the agency or advisory commission, as applicable, shall 
submit timely responses to a questionnaire provided by the 
Commission, which shall include— 
(1) an explanation of why the functions of the 
agency or advisory committee continue to be nec-
essary; 
(2) what efficiencies taxpayers realize by the 
continued operation of the agency or advisory com-
mittee; and 
(3) why the responsibilities of the agency or ad-
visory committee cannot be better performed by the 
private sector or another agency or advisory com-
mittee. 
(c) RESEARCH SERVICES.—The Government Ac-
countability Office and the Congressional Budget Office, 
in coordination with the Congressional Research Service, 
shall provide primary research services to the Commission 
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to assist the Commission in carrying out the duties under 
this Act. 
SEC. 5. POWERS OF COMMISSION. 
(a) HEARINGS.—The Commission may hold such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Commission 
considers advisable to carry out this Act. 
(b) INFORMATION FROM AGENCIES AND ADVISORY 
COMMITTEES.— 
(1) IN GENERAL.—The Commission may secure 
directly from an agency or advisory committee such 
information as the Commission considers necessary 
to carry out this Act. 
(2) FURNISHING INFORMATION.—On request of 
the Chairperson of the Commission, the head the 
agency or the Chair of the advisory committee shall 
furnish the information to the Commission. 
(c) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as other departments and agencies of 
the Federal Government. 
(d) GIFTS.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
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SEC. 6. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.—A member of the 
Commission who is not an officer or employee of the Fed-
eral Government shall be compensated at a rate equal to 
the daily equivalent of the annual rate of basic pay pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code, for each day (in-
cluding travel time) during which the member is engaged 
in the performance of the duties of the Commission. 
(b) TRAVEL EXPENSES.—A member of the Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, at rates authorized for employees 
of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or reg-
ular places of business in the performance of services for 
the Commission. 
(c) STAFF.— 
(1) IN
GENERAL.—The Chairperson of the 
Commission may, without regard to the civil service 
laws (including regulations), appoint and terminate 
an executive director and such other additional per-
sonnel as may be necessary to enable the Commis-
sion to perform its duties, except that the employ-
ment of an executive director shall be subject to con-
firmation by the Commission. 
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(2) COMPENSATION.—The Chairperson of the 
Commission may fix the compensation of the execu-
tive director and other personnel without regard to 
chapter 51 and subchapter III of chapter 53 of title 
5, United States Code, relating to classification of 
positions and General Schedule pay rates, except 
that the rate of pay for the executive director and 
other personnel may not exceed the rate payable for 
level V of the Executive Schedule under section 5316 
of that title. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—A Fed-
eral Government employee may be detailed to the Commis-
sion without reimbursement, and such detail shall be with-
out interruption or loss of civil service status or privilege. 
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairperson of the Commission 
may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of 
the annual rate of basic pay prescribed for level V of the 
Executive Schedule under section 5316 of that title. 
SEC. 7. EXPEDITED PROCEDURES FOR CONSIDERATION OF 
JOINT RESOLUTIONS. 
(a) INTRODUCTION
OF
PROPOSED
LEGISLATIVE 
LANGUAGE.— 
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(1) IN GENERAL.—The proposed legislative lan-
guage submitted by the Commission under section 
4(a)(3)— 
(A) shall be introduced in the Senate (by 
request) by the majority leader or minority 
leader of the Senate or by a Member of the 
Senate designated by the majority leader or mi-
nority leader of the Senate not later than 60 
days after the date on which the proposed legis-
lation is submitted to Congress; and 
(B) shall be introduced in the House of 
Representatives (by request) by the Speaker of 
the House of Representatives or the minority 
leader of the House of Representatives or by a 
Member of the House of Representatives des-
ignated by the Speaker of the House of Rep-
resentatives or the minority leader of the House 
of Representatives not later than 60 days after 
the date on which the proposed legislation is 
submitted to Congress. 
(2) REINTRODUCTION.—The proposed legisla-
tive language submitted by the Commission under 
section 4(a)(3) shall be reintroduced as described in 
paragraph (1) not later than 60 days after the first 
day of a Congress if— 
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(A) the proposed legislative language was 
introduced during the previous Congress after 
the date that was 210 days before the date of 
the sine die adjournment of such previous Con-
gress; and 
(B) there was not a vote in either House 
of Congress on passage of the joint resolution 
introduced under subparagraph (A) during the 
previous Congress by which the joint resolution 
was not agreed to. 
(b) EXPEDITED CONSIDERATION IN HOUSE OF REP-
RESENTATIVES.— 
(1) REPORTING
AND
DISCHARGE.—Any com-
mittee of the House of Representatives to which a 
joint resolution is referred shall report it to the 
House of Representatives not later than 90 days 
after the date on which the joint resolution is intro-
duced or reintroduced in the House of Representa-
tives under subsection (a). If a committee fails to re-
port the joint resolution within that period, the com-
mittee shall be discharged from further consider-
ation of the joint resolution and the joint resolution 
shall be referred to the appropriate calendar. 
(2) PROCEEDING TO CONSIDERATION.— 
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(A) IN GENERAL.—After each committee 
authorized to consider a joint resolution reports 
it to the House of Representatives or has been 
discharged from its consideration, it shall be in 
order, not later than 120 days after the date on 
which the joint resolution is introduced or re-
introduced in the House of Representatives 
under subsection (a), to move to proceed to con-
sider the joint resolution in the House of Rep-
resentatives. 
(B) PROCEDURE.—For a motion to pro-
ceed to consideration of a joint resolution— 
(i) all points of order against the mo-
tion are waived; 
(ii) such a motion shall not be in 
order after the House of Representatives 
has disposed of a motion to proceed on the 
joint resolution; 
(iii) the previous question shall be 
considered as ordered on the motion to its 
adoption without intervening motion; 
(iv) the motion shall not be debatable; 
and 
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(v) a motion to reconsider the vote by 
which the motion is disposed of shall not 
be in order. 
(3) CONSIDERATION.—If the House of Rep-
resentatives proceeds to consideration of a joint res-
olution— 
(A) the joint resolution shall be considered 
as read; 
(B) all points of order against the joint 
resolution and against its consideration are 
waived; 
(C) the previous question shall be consid-
ered as ordered on the joint resolution to its 
passage without intervening motion except 10 
hours of debate equally divided and controlled 
by the proponent and an opponent; 
(D) an amendment to the joint resolution 
shall not be in order; and 
(E) a motion to reconsider the vote on pas-
sage of the joint resolution shall not be in 
order. 
(c) EXPEDITED CONSIDERATION IN SENATE.— 
(1) PLACEMENT ON CALENDAR.—Upon intro-
duction in the Senate, the joint resolution shall be 
placed immediately on the calendar. 
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(2) PROCEEDING TO CONSIDERATION.— 
(A) IN
GENERAL.—Notwithstanding rule 
XXII of the Standing Rules of the Senate, it is 
in order, not later than 120 days after the date 
on which the joint resolution is introduced or 
reintroduced in the Senate under subsection (a) 
(even though a previous motion to the same ef-
fect has been disagreed to) to move to proceed 
to the consideration of a joint resolution. 
(B) PROCEDURE.—For a motion to pro-
ceed to the consideration of a joint resolution— 
(i) all points of order against the mo-
tion are waived; 
(ii) the motion is not debatable; 
(iii) the motion is not subject to a mo-
tion to postpone; 
(iv) a motion to reconsider the vote by 
which the motion is agreed to or disagreed 
to shall not be in order; and 
(v) if the motion is agreed to, the 
joint resolution shall remain the unfinished 
business until disposed of. 
(3) FLOOR CONSIDERATION.— 
(A) IN GENERAL.—If the Senate proceeds 
to consideration of a joint resolution— 
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(i) all points of order against the joint 
resolution (and against consideration of 
the joint resolution) are waived; 
(ii) consideration of the joint resolu-
tion, and all debatable motions and appeals 
in connection therewith, shall be limited to 
not more than 10 hours, which shall be di-
vided equally between the majority and mi-
nority leaders or their designees; 
(iii) a motion further to limit debate 
is in order and not debatable; 
(iv) an amendment to, a motion to 
postpone, or a motion to commit the joint 
resolution is not in order; and 
(v) a motion to proceed to the consid-
eration of other business is not in order. 
(B) VOTE ON PASSAGE.—The vote on pas-
sage shall occur immediately following the con-
clusion of the consideration of a joint resolu-
tion, and a single quorum call at the conclusion 
of the debate if requested in accordance with 
the rules of the Senate. 
(C) RULINGS OF THE CHAIR ON PROCE-
DURE.—Appeals from the decisions of the Chair 
relating to the application of this paragraph or 
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the rules of the Senate, as the case may be, to 
the procedure relating to a joint resolution shall 
be decided without debate. 
(d) RULES RELATING TO SENATE AND HOUSE OF 
REPRESENTATIVES.— 
(1) COORDINATION
WITH
ACTION
BY
OTHER 
HOUSE.—If, before the passage by one House of a 
joint resolution of that House, that House receives 
from the other House a joint resolution— 
(A) the joint resolution of the other House 
shall not be referred to a committee; and 
(B) with respect to a joint resolution of the 
House receiving the resolution— 
(i) the procedure in that House shall 
be the same as if no joint resolution had 
been received from the other House; and 
(ii) the vote on passage shall be on 
the joint resolution of the other House. 
(2) TREATMENT
OF
JOINT
RESOLUTION
OF 
OTHER HOUSE.—If one House fails to introduce or 
consider a joint resolution under this section, the 
joint resolution of the other House shall be entitled 
to expedited floor procedures under this section. 
(3) TREATMENT OF COMPANION MEASURES.— 
If, following passage of a joint resolution in the Sen-
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ate, the Senate receives the companion measure 
from the House of Representatives, the companion 
measure shall not be debatable. 
(4) CONSIDERATION AFTER PASSAGE.—If the 
President vetoes the joint resolution, consideration 
of a veto message in the Senate under this para-
graph shall be not more than 10 hours equally di-
vided between the majority and minority leaders or 
their designees. 
(e) RULES OF HOUSE OF REPRESENTATIVES AND 
SENATE.—This section is enacted by Congress— 
(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, and as such is deemed a 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 joint resolution, and to supersede 
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 
relating 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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SEC. 8. TERMINATION OF COMMISSION. 
The Commission shall terminate on the date that is 
12 years after the date of enactment of this Act. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Commission to carry out this Act such sums 
as may be necessary for fiscal years 2020 through 2029. 
(b) AVAILABILITY.—Any sums appropriated under 
the authorization contained in this section shall remain 
available, without fiscal year limitation, until expended. 
Æ 
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