[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3708 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3708

    To establish a Federal Agency Sunset Commission, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2020

   Mr. Scott of Florida (for himself, Mr. Braun, Mr. Crapo, and Mr. 
    Tillis) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 ``Agency Accountability 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 of 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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