A Federal Sunset Commission: Review of Proposals and Actions

Virginia A. McMurtry
Specialist in American National Government

The sunset concept provides for programs and agencies to terminate automatically on a periodic basis unless explicitly renewed by law. Beginning in the 107th Congress, Representative Kevin Brady introduced a series of bills to create a federal sunset commission, modeled on the sunset review process in Texas (including most recently H.R. 393 in the 111th Congress).

Former President George W. Bush called for creation of a federal sunset commission in his FY2006 budget submission. Bills reflecting an Office of Management and Budget (OMB) draft proposal were introduced in the 109th Congress, and the Government Reform Committee voted to report H.R. 3282 favorably, but no further action occurred.

In the 110th Congress, with the budget submissions for FY2008 and FY2009, President Bush reaffirmed his support for passage of the Administration’s proposal to create a federal sunset commission. In addition to the Brady bill (H.R. 5794), a new sunset measure, S. 1731, was introduced on June 28, 2007, by Senator John Cornyn.

In the 111th Congress, Representative Brady reintroduced his sunset commission bill as H.R. 393, the Federal Sunset Act of 2009. Senator Cornyn likewise reintroduced his measure as S. 926, the United States Authorization and Sunset Commission Act of 2009. Provisions very similar to those in H.R. 393 also were found as a separate title in at least three budget reform bills in the 111th Congress, including H.R. 311 (Title II), H.R. 534 (Title I), and H.R. 3964 (Title IV, Subtitle A). In the second session, two sunset-related measures, absent action-forcing provisions, were introduced as H.R. 5407 and H.R. 2142, with the latter, as amended, eventually enacted as P.L. 111-352. H.R. 5568, the Stop Waste by Eliminating Excessive Programs (SWEEP) Act, was introduced by Representative Glenn Nye.

In the 112th Congress, a newly formulated sunset commission bill, H.R. 606, the Federal Program Sunset Commission Act, was introduced on February 10, 2011, by Representative Aaron Schock and cosponsors. Representative Brady introduced a bill with sunset-like provisions but no commission (H.R. 235 §11). On March 16, 2011, Senator Cornyn proposed provisions previously seen in his sunset commission measure as an amendment (S.Amdt. 186 to S. 493).

Supporters of sunset commission measures suggest that there are too many overlapping and ineffective federal programs that contribute to the growing federal deficit, and that the existing structure of congressional committees does not encourage systematic review of similar agencies and programs. According to sunset proponents, congressional reviews of many programs are sporadic and inadequate, as evidenced by the number of unauthorized appropriations. An actionforcing mechanism—such as threat of termination—is necessary; a sunset commission would assist Congress in performing its oversight function, thereby reducing fraud, waste, and abuse.

Critics of the sunset commission measures counter that such bills would burden Congress with a tremendous workload for mandatory reauthorization of agencies and programs. Consequently, such measures may prove infeasible to carry out, or alternatively, result in perfunctory reviews. Sunset commissions might increase congressional personnel costs, since additional staff would be needed to assist the commission in its review activities. Opponents further contend that the review and reauthorization process would pose a special threat to certain kinds of programs, such as those which provide a safety net for the most vulnerable in society.


Date of Report: November 18, 2011
Number of Pages: 20
Order Number: RL34551
Price: $29.95

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