[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7226 Introduced in House (IH)]
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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 Representatives 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 ``advisory committee''
has the meaning given the term in 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 established under section 3.
(4) Joint resolution.--The term ``joint resolution'' means
a joint resolution consisting of the proposed legislative
language submitted by the Commission under section 4(a)(3) and
introduced or reintroduced under section 7(a).
SEC. 3. ESTABLISHMENT OF FEDERAL AGENCY SUNSET COMMISSION.
(a) Establishment.--There is established the Federal 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 members of
the Senate; and
(ii) 1 shall not be a member of Congress
and shall have expertise in the operation and
administration of Federal Government programs;
(C) 3 shall be appointed by the minority leader of
the Senate, of whom--
(i) 2 shall be from among the members of
the Senate; and
(ii) 1 shall not be a member of Congress
and shall have expertise in the operation and
administration of Federal Government programs;
(D) 3 shall be appointed by the Speaker of the
House of Representatives, of whom--
(i) 2 shall be from among the members of
the House of Representatives; and
(ii) 1 shall not be a member of Congress
and shall have expertise in the operation and
administration of Federal Government 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 members of
the House of Representatives; and
(ii) 1 shall not be a member of Congress
and shall have expertise in the operation and
administration of Federal Government programs.
(2) Date.--The appointments of the members of the
Commission shall be made not later than 180 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--
(1) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy in the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment not later than 30 days after the
date on which the vacancy occurs.
(d) Meetings.--
(1) Initial meeting.--Not later than 45 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the first meeting of the Commission.
(2) 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 Chairperson from among the members of the
Commission.
(f) Voting.--A majority of the members of the Commission is
required to make a recommendation under section 4.
SEC. 4. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) review and evaluate the efficiency and public 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 reorganized;
(3) based on the recommendations of the Commission, submit
to Congress proposed legislative language for abolishing, or
reorganizing an agency or advisory commission; and
(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, abolishing, 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 necessary;
(2) what efficiencies taxpayers realize by the continued
operation of the agency or advisory committee; and
(3) why the responsibilities of the agency or advisory
committee cannot be better performed by the private sector or
another agency or advisory committee.
(c) Research Services.--The Government Accountability Office and
the Congressional Budget Office, in coordination with the Congressional
Research Service, shall provide primary research services to the
Commission 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.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--A member of the Commission who is not
an officer or employee of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which the member is engaged in the performance of the duties of
the Commission.
(b) Travel Expenses.--A member of the Commission 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 regular
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 personnel as may be necessary to enable
the Commission to perform its duties, except that the
employment of an executive director shall be subject to
confirmation by the Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive 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 Federal Government employee
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent 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.--
(1) In general.--The proposed legislative language
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 minority leader of the Senate not later than
60 days after the date on which the proposed
legislation 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 designated by the Speaker of the House
of Representatives 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 legislative 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--
(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 Congress; 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 Representatives.--
(1) Reporting and discharge.--Any committee 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 introduced
or reintroduced in the House of Representatives under
subsection (a). If a committee fails to report the joint
resolution within that period, the committee shall be
discharged from further consideration of the joint resolution
and the joint resolution shall be referred to the appropriate
calendar.
(2) Proceeding to consideration.--
(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 reintroduced in the House of
Representatives under subsection (a), to move to
proceed to consider the joint resolution in the House
of Representatives.
(B) Procedure.--For a motion to proceed to
consideration of a joint resolution--
(i) all points of order against the motion
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
(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 Representatives
proceeds to consideration of a joint resolution--
(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 considered 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 passage of
the joint resolution shall not be in order.
(c) Expedited Consideration in Senate.--
(1) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be placed immediately on the
calendar.
(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 effect has been disagreed to) to move to
proceed to the consideration of a joint resolution.
(B) Procedure.--For a motion to proceed to the
consideration of a joint resolution--
(i) all points of order against the motion
are waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion
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--
(i) all points of order against the joint
resolution (and against consideration of the
joint resolution) are waived;
(ii) consideration of the joint resolution,
and all debatable motions and appeals in
connection therewith, shall be limited to not
more than 10 hours, which shall be divided
equally between the majority and minority
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
consideration of other business is not in
order.
(B) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
consideration of a joint resolution, 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 procedure.--Appeals
from the decisions of the Chair relating to the
application of this paragraph or 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 Senate, 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 paragraph shall be not more than 10 hours
equally divided 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, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of 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.
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 appropriated 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.
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