Federal Agency Sunset Commission Act of 2025 · Introduced in House (2025-01-16)

SEC. 2. Review and abolishment of Federal agencies

(a) Schedule for review

Not later than one year after the date of the enactment of this Act, the Federal 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 abolishment for each agency.
Such date of abolishment shall occur at least once every 12 years (or less, if determine appropriate by Congress).
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 provide that agencies that perform similar or related functions be reviewed concurrently to promote efficiency and consolidation.

(1) In general
- Each agency shall be reviewed and abolished according to the schedule created 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.

SEC. 3. Establishment of Commission

(a) Establishment

There is established a commission to be known as the . Federal Agency Sunset Commission

(b) Membership

The Commission shall be composed of 13 members (in this Act referred to as the ) who shall be appointed as follows:
- 1 shall be appointed by the President.
- 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 Congress and shall have expertise in the operation and administration of Federal Government programs.
- 3 shall be appointed by the minority leader of the Senate, of whom—
  - (i) 2 shall be from among Members of the Senate; and
  - (ii) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs.
- 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 Congress and shall have expertise in the operation and administration of Federal Government programs.
- 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 Congress and shall have expertise in the operation and administration of Federal Government programs.

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.

(d) Initial appointments

All initial appointments 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 Commission—
  - shall not affect the powers of the Commission; and
  - 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 Commission 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 evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it.

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 President not later than September 1 of each year a report containing—
- 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;
- an analysis of authority claimed by the executive branch but not specifically authorized by statute;
- recommendations on whether each such agency should be abolished, reorganized, or continued;
- recommendations on whether the functions of any other agencies should be consolidated, transferred, or reorganized in an agency to be reviewed in the year in which the report is submitted pursuant to the schedule submitted to Congress under section 2; and
- recommendations for administrative and legislative action with respect to each such agency, but not including recommendations for appropriation levels.

The Commission shall submit to Congress and the President not later than September 1 of each year a joint resolution to carry out the recommendations of the Commission under subsection (b).

(d) Information gathering

The Commission shall—
- conduct public hearings on the abolishment of each agency reviewed under subsection (b);
- provide an opportunity for public comment on the abolishment of each such agency;
- require the agency to provide information to the Commission as appropriate; and
- consult with the General Accountability Office, 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 reviewed regarding the operation of the agency.

(e) Use of program inventory

The Commission shall use the program inventory prepared under section 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:

The effectiveness, and the efficiency of the operation of, the programs carried out by each such agency.
Whether the programs carried out by the agency are cost-effective.
Whether the agency has acted outside the scope of its original authority, and whether the original objectives of the agency have been achieved.
Whether less restrictive or alternative methods exist to carry out the functions of the agency.
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.
The potential benefits of consolidating programs administered by the agency with similar or duplicative programs of other agencies, and the potential for consolidating such programs.
The number and types of beneficiaries or persons served by programs carried out by the agency.
The extent to which any trends, developments, and emerging conditions that are likely to affect the future nature and extent of the problems or needs that the programs carried out by the agency are intended to address.
The extent to which the agency has complied with the applicable provisions contained in 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 of title 39, United States Code. chapter 28
The promptness and effectiveness with which the agency seeks public input and input from State and local governments on the efficiency and effectiveness of the performance of the functions of the agency.
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.
The extent to which the agency has encouraged participation by the public as a whole in making its rules and decisions rather than encouraging participation solely by those it regulates.
The extent to which the public participation in rulemaking and decision making of the agency has resulted in rules and decisions compatible with the objectives of the agency.
The extent to which the agency complies with equal employment opportunity requirements regarding equal employment opportunity.
The extent of the regulatory, privacy, and paperwork impacts of the programs carried out by the agency.
The extent to which the agency has coordinated with State and local governments in performing the functions of the agency.
The potential effects of abolishing the agency on State and local governments.
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 recommendations

The Commission shall monitor implementation of laws enacting provisions that incorporate recommendations of the Commission with respect to abolishment or reorganization of agencies.

(b) Monitoring of other relevant legislation

(1) In general
- The Commission shall review and report to Congress on all legislation introduced in either house of Congress that would establish—
  - a new agency; or
  - 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—
  - the functions of the proposed agency or program could be carried out by one or more existing agencies;
  - the functions of the proposed agency or program could be carried out in a less restrictive manner than the manner proposed in the legislation; and
  - 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 cooperation with the Director of the Congressional Research Service, shall prepare an inventory of Federal programs (in this Act referred to as the ) within each agency. program inventory

(b) Purpose

The purpose of the program inventory is to advise and assist the Congress and the Commission 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 Congressional Budget Office shall provide budgetary information for inclusion in the inventory.

The program inventory shall set forth for each program each of the following matters:
- The specific provision or provisions of law authorizing the program.
- The committees of the Senate and the House of Representatives which have legislative or oversight jurisdiction over the program.
- A brief statement of the purpose or purposes to be achieved by the program.
- 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.
- The agency and, if applicable, the subdivision thereof responsible for administering the program.
- The grants-in-aid, if any, provided by such program to State and local governments.
- The next reauthorization date for the program.
- A unique identification number which links the program and functional category structure.
- The year in which the program was originally established and, where applicable, the year in which the program expires.
- Where applicable, the year in which new budget authority for the program was last authorized and the year in which current authorizations of new budget authority expire.
- Any other information the Commission determines 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—
- authorized for a definite period of time;
- authorized in a specific dollar amount but without limit of time;
- authorized without limit of time or dollar amounts;
- not specifically authorized; or
- 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 information prepared by the Director of the Congressional Budget Office indicating each of the following matters:

SEC. 9. Expedited consideration for schedule for review

(a) Introduction and committee consideration

(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 Congress. Upon such introduction, the Commission schedule for review bill shall be referred to the appropriate committees of Congress under paragraph (2). If the joint resolution is not introduced in accordance 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 submission of such aggregate legislative language provisions.
(2) Committee consideration
- (A) Referral
  - The joint resolution 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 the joint resolution is referred 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 calendar days after the introduction of the joint resolution, each Committee of Congress to which the joint resolution was referred shall report 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 reported to the House a joint resolution involved a joint resolution, whichever is earlier, such committee shall be deemed to be discharged from further consideration of such legislation and such legislation shall be placed on the appropriate calendar of the House involved.

(b) Expedited procedure

(1) Consideration
- (A) In general
  - Not later than 30 calendar days after the date on which a committee has reported a joint resolution or has been discharged from consideration of a joint resolution, the majority leader of the Senate, or the majority leader’s designee, or the Speaker of the House of Representatives, or the Speaker’s designee, shall move to proceed to the consideration of the joint resolution. It shall also be in order for any Member of the Senate or the House of Representatives, respectively, to move to proceed to the consideration of the joint resolution at any time after the conclusion of such 5-day period.
- (B) Motion to proceed
  - A motion to proceed to the consideration of a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment or to a motion to postpone consideration of the joint resolution. If the motion to proceed is agreed to, the Senate or the House of Representatives, as the case may be, shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate or the House of Representatives, as the case may be, until disposed of.

SEC. 10. Definitions

In this Act:

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.
The term calendar day means a calendar day other than one on which either House is not in session because of an adjournment of more than 3 days to a date certain.
The term Commission means the Federal Agency Sunset Commission established under section 3.
The term super-majority means an affirmative vote of two-thirds of the Members, duly chosen and sworn.
The term advisory committee has the meaning given the term in section 1001 of title 5, United States Code.
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).

H.R. 489

Table of contents

SEC. 1. Short title