H.R. 489 — Federal Agency Sunset Commission Act of 2025

This section requires the Federal Agency Sunset Commission to submit to Congress, not later than one year after enactment, a schedule (in the form of a joint resolution) for reviewing each federal agency and listing a date of abolishment at least every 12 years (or sooner if determined appropriate by Congress). The Commission must schedule concurrent reviews for agencies performing similar or related functions to promote efficiency and consolidation. Each agency is abolished according to the schedule (as approved under section 9) unless reauthorized by Congress, and Congress may extend an abolishment date by two years upon enactment of legislation by a supermajority vote of the House of Representatives and Senate.

This section establishes the Federal Agency Sunset Commission composed of 13 members appointed as follows: (1) one by the President; (2) three by the Senate majority leader (two Senators and one non-Congressional expert in federal program administration); (3) three by the Senate minority leader (two Senators and one such expert); (4) three by the House Speaker (two House members and one such expert); and (5) three by the House minority leader (two House members and one such expert). Members serve six-year terms, with vacancies filled in the same manner within 30 days; congressional members cease service upon leaving Congress; and the Commission selects a chairperson and vice chairperson from among its members for four-year terms. The Commission may hold hearings, secure information from federal agencies, issue subpoenas enforceable in federal district court, and contract with government and private entities for services without regard to federal advertising requirements under 41 U.S.C. 6101 (i.e., normally requiring proposals for purchases over $25,000 unless exceptions apply, such as exigencies or sole-source availability). (Thus, the Commission may enter contracts without public advertising.) The Commission must hold its initial meeting within 45 days of all appointments, meet at least twice yearly at the chairperson's call, and approve its review schedule and reports by majority vote (with a majority quorum). Members receive travel expenses but no compensation; the chairperson appoints an executive director (confirmed by at least seven members), who may hire staff under competitive civil service rules; and the Commission may use federal mail, printing, and administrative support services.

This section directs the Commission to review the efficiency and public need for each federal agency using criteria described in section 5 and, by September 1 each year, submit to Congress and the President (1) a report analyzing the efficiency and public need for agencies scheduled that year under section 2, executive branch authority not specifically authorized by statute, and recommendations to abolish, reorganize, or continue those agencies (including consolidating, transferring, or reorganizing functions of other agencies into them), along with recommended administrative and legislative actions (excluding appropriation levels); and (2) a joint resolution implementing those recommendations. The Commission must conduct public hearings and solicit comment on abolishing reviewed agencies, require information from those agencies, consult with the Government Accountability Office, Office of Management and Budget, Comptroller General, and relevant congressional committees, and use the program inventory prepared under section 9.

This section directs the Commission to evaluate the efficiency and public need for each agency pursuant to section 4 using 18 criteria, including (1) effectiveness and cost-effectiveness of agency programs; (2) whether programs exceed original authority or could use less restrictive alternatives; (3) duplication or conflict with other agencies and potential for consolidation; (4) compliance with performance planning and strategic planning requirements (e.g., 5 U.S.C. §306 for agency strategic plans and 31 U.S.C. §§1115–1125 for performance plans and goals); (5) public input, state and local coordination, and equal employment practices; and (6) regulatory, privacy, and paperwork impacts, including effects of agency abolition on state and local governments.

This section directs the Commission to (1) monitor implementation of laws enacting the Commission's recommendations with respect to agency abolishment or reorganization; and (2) review and report to Congress on 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. Each such report must analyze whether (A) the functions of the proposed agency or program could be carried out by one or more existing agencies; (B) those functions could be carried out in a less restrictive manner than proposed; and (C) the legislation provides for public input regarding performance of those functions.

This section directs the President, in consultation with the head of an agency abolished pursuant to section 2(c), to wind down the agency's operations during the one-year period following the abolishment date. It requires designating another agency to carry out any ongoing authorities, maintain custodial records, act as a party to unresolved legal actions, or address other obligations that cannot be resolved within one year.

This section directs the Comptroller General of the United States, in cooperation with the Directors of the Congressional Budget Office (CBO) and Congressional Research Service, to prepare and maintain an inventory of federal programs within each agency to advise Congress and a commission established under the Act. For each program, the inventory must include (1) the authorizing law or laws; (2) Senate and House committees with legislative or oversight jurisdiction; (3) a brief statement of purpose; (4) committees with jurisdiction over new budget authority, including Appropriations subcommittees; (5) the administering agency or subdivision; (6) grants-in-aid to state and local governments; (7) next reauthorization date; (8) a unique identification number; (9) year established and, if applicable, expiration year; (10) years of last and current authorizations of new budget authority; and (11) other information deemed necessary by the commission. The inventory also must categorize each program's new budget authority (e.g., authorized for a definite period, in a specific dollar amount without time limit, without time or dollar limits, not specifically authorized, or permanently provided, as determined by CBO); provide CBO data on new budget authority for the preceding four and succeeding four fiscal years (where applicable), functional/subfunctional classifications (including FY2020), and appropriation account details; and facilitate mutual information exchanges among the Government Accountability Office, CRS, and CBO, with confidential assistance from the Office of Management and Budget and agencies until issuance.

This section establishes expedited procedures in the House and Senate for consideration of a joint resolution on the Commission's proposed schedule for review, enacted as an exercise of each chamber's rulemaking power and applicable only to such resolution. (1) The joint resolution must be introduced by the majority leader (Senate) or Speaker (House)—or designee—within 60 days of submission of the proposed legislation, with referral to committees of jurisdiction that may review and report (but not amend) within 30 calendar days or be automatically discharged; (2) within 30 calendar days after committee report or discharge, the majority leader or Speaker (or designee) must (or any member may) move to proceed, with such motion privileged, nondebatable, and not amendable, leading immediately to 10 hours of equally divided debate on the resolution (no further amendments or motions to postpone/recommit/reconsider allowed) followed by a vote on passage; and (3) if one chamber receives and passes the other chamber's resolution, it supplants the receiving chamber's version for final passage under the same expedited procedures.

This section defines six terms for purposes of the Act: (1) agency, as an executive agency under 5 U.S.C. §105 that also includes an advisory committee; (2) calendar day, as any calendar day other than one on which either House of Congress adjourns for more than three days to a date certain; (3) Commission, as the Federal Agency Sunset Commission established under section 3; (4) super-majority, as an affirmative two-thirds vote of the Members duly chosen and sworn; (5) advisory committee, as that term is defined in 5 U.S.C. §1001; and (6) joint resolution, as one consisting of legislative language submitted by the Commission under section 4(a)(3) and introduced or reintroduced under section 7(a).