H. R. 5568
IN THE HOUSE OF REPRESENTATIVES
June 22, 2010
Mr. Nye (for himself, Mr. Wilson of Ohio, Mr. Cooper, Mr. Marshall, Mr. Kratovil, Mr. Altmire, Mr. Childers, Mr. Davis of Tennessee, Mr. Mitchell, Ms. Herseth Sandlin, Mr. Barrow, Mr. Shuler, Mr. Ross, Mr. Tanner, Mr. Michaud, Ms. Markey of Colorado, Mr. Hill, Mr. Matheson, Mr. Schiff, Mr. Gordon of Tennessee, Mr. Minnick, Mr. Boyd, Mr. Cuellar, Mr. Ellsworth, Mr. Boren, Mr. Bright, Mr. Moore of Kansas, Mr. Donnelly of Indiana, Ms. Harman, and Mr. Schrader) introduced the following bill; which was referred to the Committee on Oversight and Government 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
To create a means to review and abolish Federal programs that are inefficient, duplicative, or in other ways wasteful of taxpayer funds.
Short title; table of contents
This Act may be cited
Stop Waste by Eliminating
Excessive Programs Act of 2010 or the
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—General Provisions
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Point of order.
Sec. 104. Availability of information to Congress upon request.
Sec. 105. Sense of Congress.
Title II—Federal Program Sunset Commission
Sec. 201. Establishment.
Sec. 202. Duties of Commission.
Sec. 203. Membership.
Sec. 204. Commission meetings.
Sec. 205. Director and staff of Commission.
Sec. 206. Commission Advisors.
Sec. 207. Powers of Commission.
Sec. 208. Report.
Sec. 209. Sunset of Commission.
Title III—Program Inventory
Sec. 301. Development of program inventory.
Sec. 302. Organization of program inventory.
Sec. 303. Required information.
Sec. 304. Program identification number.
Sec. 305. Agency cooperation.
Title IV—Program Review
Sec. 401. Program review schedule.
Sec. 402. Program review.
Sec. 403. Annual report.
Sec. 404. Congressional consideration of proposed legislation for abolishments.
Congress finds that—
according to the Congressional Budget Office, in fiscal year 2010 Congress appropriated approximately $290 billion for unauthorized programs and activities, and an additional $730 billion for programs and activities are scheduled to expire on or before September 30, 2010;
a process should be established to help abolish obsolete and duplicative Federal programs and to provide for improved Government accountability and greater openness in Government decisionmaking;
a bipartisan congressional commission established to review Federal programs and propose modifications to or abolishment of those programs that are unauthorized or nonperforming would be an effective part of this process, if such modifications or abolishments do not increase the national deficit; and
this process should ensure that Congress considers the reports and recommendations of the commission in a timely fashion.
In this Act, the following definitions apply:
The term program means a program activity, as that term is defined in section 1115(g)(6) of title 31, United States Code.
The term implementation bill means only a bill which is introduced as provided under section 404(a), and contains the proposed legislation described in section 403(b)(3), without modification.
Point of order
It shall not be in order in either the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or concurrent resolution thereon, which authorizes a program, unless it includes a provision providing budget authority for the program for a period of 10 or fewer fiscal years.
Availability of information to Congress upon request
Upon request and for each program under its control, a Federal agency shall make the program performance report prepared under section 1116 of title 31, United States Code, available to Congress. If such report is requested with respect to a program, the following information shall be provided with the report:
Information and analysis regarding the organization, operation, costs, results, accomplishments, and effectiveness of the program.
An identification of the objectives intended for the program, and the problems or needs which the program is intended to address, including an analysis of the performance expected to be achieved by the program.
An identification of any other programs having similar objectives, and a justification of the need for the program in comparison with those other programs that may be conflicting or duplicative.
Information regarding the categorization of the program under section 302(b).
Sense of Congress
It is the sense of Congress that no funds should be appropriated for programs abolished by Congressional action taken as a result of this Act.
Federal Program Sunset Commission
There is established in the legislature a
commission to be known as the
Federal Program Sunset Commission
(in this Act referred to as the
Duties of Commission
The Commission shall—
submit to Congress a report under section 208;
establish a program review schedule under section 401;
conduct a program review under section 402; and
annually submit to Congress a report under section 403.
Number and appointment
The Commission shall be composed of 12 members appointed as follows:
Three members appointed by the Speaker of the House of Representatives, of whom two shall be Members of the House of Representatives.
Three members appointed by the minority leader of the House of Representatives, of whom two shall be Members of the House of Representatives.
Three members appointed by the majority leader of the Senate, of whom two shall be Members of the Senate.
Three members appointed by the minority leader of the Senate, of whom two shall be Members of the Senate.
Not more than four members of the Commission who are Members of Congress may be of the same party.
No member of the Commission may be an officer or employee of the executive branch.
Each member shall be appointed for one term of five years, except as provided in paragraph (2)(A)(i) and subsection (g).
As designated by the Speaker of the House of Representatives and the majority leader of the Senate at the time of appointment, of the members first appointed—
six shall be appointed for a term of three years; and
six shall be appointed for a term of five years.
Of the members appointed under subparagraph (A)(i), four shall be Members of Congress, of whom not more than three may be of the same party.
Of the members appointed under subparagraph (A)(ii), four shall be Members of Congress, of whom not more than three may be of the same party.
A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
Chairman; Vice Chairman
The Chairman and Vice Chairman of the Commission shall be selected under paragraphs (2), (3), and (4). The term of office of the Chairman and Vice Chairman shall be two years.
The Speaker of the House of Representatives shall designate one of the members who is a Member of the House of Representatives to serve as the initial Chairman.
Initial Vice Chairman
The majority leader of the Senate shall designate one of the members who is a Member of the Senate to serve as the initial Vice Chairman.
After the terms of the initial Chairman and Vice Chairman expire, members of the Commission shall vote to select the Chairman and Vice Chairman, of whom one shall be a member who is a Member of the House of Representatives and one shall be a member who is a Member of the Senate.
Limitation on terms
No member of the Commission may serve more than two terms as either the Chairman, the Vice Chairman, or a combination of the two positions.
Continuation of membership
If a person was appointed to the Commission as a Member of Congress and the person ceases to be a Member of Congress, or was appointed to the Commission when not a Member of Congress or an officer or employee of the executive branch and later becomes a Member of Congress or an officer or employee of the executive branch, that person may not continue as a member of the Commission beginning on the date that person ceases to be a Member of Congress, or becomes a Member of Congress or an officer or employee of the executive branch, as the case may be.
One year after a person ceases to be a member of the Commission under subsections (d)(2)(A)(i) or (f), that person is eligible for reappointment under the appropriate provisions of subsection (a). The term of reappointment shall be for the number of years that is five years minus the number of years the person previously served as a member of the Commission.
Members of the Commission shall not be paid for their service on the Commission.
Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
The Commission shall meet at the call of the Chairman.
Director and staff of Commission
The Commission shall have a Director who shall be appointed by the Chairman. The Director shall be paid at a rate not to exceed the maximum rate of basic pay for GS–15 of the General Schedule.
The Director may appoint and fix the pay of additional personnel as the Director considers appropriate.
The Chairman of the Commission may invite a representative from the Office of Management and Budget, the Congressional Budget Office, and the Government Accountability Office to attend Commission meetings and advise the Commission on appropriate matters.
Powers of Commission
Hearings and sessions
The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.
Powers of members and agents
Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.
Obtaining official data
The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman or Vice Chairman of the Commission, the head of that department or agency shall furnish that information to the Commission.
The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission.
Failure to obey a subpoena
If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt.
Service of subpoenas
The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts.
Service of process
All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found.
Not later than the date that is one year after the date of the enactment of this Act, the Commission shall submit to Congress a report analyzing the interaction between authorizing legislation and appropriations legislation and the effects of such interaction, and providing suggestions for improving the budgeting process with regard to such interaction.
Sunset of Commission
The Commission shall terminate 11 years after the date of the enactment of this Act, unless reauthorized by Congress.
Development of program inventory
Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States, in cooperation with the Director of the Congressional Research Service, shall submit to Congress a preliminary inventory of all Federal programs.
Not later than 90 days after submitting the preliminary inventory to Congress under subsection (a), and after incorporating any comments received from committees of the House of Representatives and Senate, the Comptroller General shall submit to the Commission a final inventory.
Sense of Congress
It is the sense of Congress that any committee of the House of Representatives or Senate that intends to submit comments to the Comptroller General regarding the preliminary inventory should do so not later than 60 days after receiving the preliminary inventory in order to allow adequate time for the Comptroller General to incorporate the comments into the final inventory.
The Director of the Congressional Budget Office shall provide the Comptroller General with budgetary information to be included in the preliminary and final inventories.
Not later than October 1 of the year after the year in which the final inventory is submitted to the Commission under subsection (b), and each October 1 thereafter, the Comptroller General shall submit to the Commission an updated inventory that reflects any new Federal programs or changes to existing programs enacted during the 12-month period preceding the due date for the update.
Organization of program inventory
The Comptroller General shall organize the program inventory required under section 301 by program areas that are reflective of national needs and agency missions and are appropriate for the exercise of the review requirements of this Act.
In organizing the program inventory, the Comptroller General shall assign each program one functional and one subfunctional category.
In determining the functional and subfunctional category for each program, the Comptroller General shall consider the following factors:
The specific provisions of law authorizing the program.
The committees of the House of Representatives and Senate that have legislative oversight jurisdiction over the program.
The committees of the House of Representatives and Senate that have jurisdiction over legislation providing new budget authority for the program, including the appropriate subcommittees of the Committees on Appropriations.
A statement of the purpose or purposes to be achieved by the program.
The agency and the office or other entity within the agency responsible for administering the program.
The grants-in-aid, if any, provided by such program to State and local governments.
For each program in the program inventory required under section 301, the Comptroller General shall include the following information:
Program authorization information
The year in which the program was originally established and, if applicable, the year in which the program expires.
The next reauthorization date required by law for the program, if applicable.
Budget authority information
The year in which budget authority for the program was last authorized.
Whether the budget authority provided for such program is—
authorized for a definite period of time, including the year in which current authorizations of new budget authority expire;
authorized in a specific dollar amount but without limit of time;
authorized without limit of time or dollar amounts;
not specifically authorized; or
Congressional Budget Office Information
Information prepared by the Director of the Congressional Budget Office regarding each of the following matters:
The amounts of new budget authority authorized and provided for the program for each of the four fiscal years preceding the fiscal year covered by the inventory and, where applicable, the four fiscal years succeeding the fiscal year covered by the inventory.
The identification code and title of the appropriation account in which budget authority is provided for the program.
Program identification number
The Comptroller General shall assign each program in the program inventory required under section 301 an identification number that is related to the functional category structure.
Mutual exchange of information
The Comptroller General, the Director of the Congressional Research Service, and the Director of the Congressional Budget Office shall permit the mutual exchange of available information in their possession that would aid in the compilation of the program inventory.
Assistance by Executive Branch
The Director of the Office of Management and Budget and the heads of Executive agencies shall, to the extent necessary and possible, provide the Government Accountability Office with assistance requested by the Comptroller General in the compilation of the program inventory.
Program review schedule
Not later than 90 days after receiving the final program inventory under section 301(b), the Commission shall establish a schedule for review by the Commission of each program, arranged by functional category under section 302(b), at least once every 10 fiscal years.
Not later than 90 days after receiving an updated program inventory under section 301(d), the Commission shall update the schedule established under subsection (a) to reflect the updated inventory.
Based on the schedule established under section 401, the Commission shall conduct a review of the efficiency of operation and public need for each program under review, including analyses of the following:
The effectiveness of the program.
Whether the program is cost-effective.
Whether the program is outside of an agency’s scope of authority, and whether the program helps to achieve the purposes of the agency.
Whether more efficient or alternative methods exist to carry out the functions of the program.
The extent to which the mission, actions, and policies of the program are duplicative or conflict with programs in other agencies.
The potential benefits of consolidating programs with similar or duplicative missions, actions, and policies, and the potential for consolidating such programs.
The number and types of beneficiaries or persons served by the program.
The extent to which any trends, developments, and emerging conditions exist that are likely to affect the future nature and extent of the problems or needs that the program is intended to address.
The promptness and effectiveness with which the program administrator seeks public input and input from State and local governments on the efficiency and effectiveness of the performance of the program, to the extent such input is required or permitted.
The extent to which the program coordinates with State and local governments.
The potential effects on State and local governments of abolishing the program.
The extent of the regulatory, privacy, and paperwork impacts of the program and any inefficiencies such impacts may cause.
The extent to which changes are necessary in the authorizing statutes of the agency in order for the functions of the program to be performed in the most efficient and effective manner.
Not later than October 1 of the year after the year in which the Commission establishes the initial review schedule under section 401(a), and each October 1 thereafter, the Commission shall submit to Congress a report pertaining to the programs designated, by the review schedule established under section 401, to be reviewed during the 12-month period preceding the due date for the report.
The Commission shall include in the report an analysis of the efficiency of operation and public need for each program under review, based on the review conducted under section 402.
Subject to subsection (c), the Commission shall include in the report recommendations regarding—
whether each program should be abolished or reorganized;
whether the functions of any programs should be consolidated, transferred, or reorganized in an agency or among agencies; and
proposed administrative and legislative action with respect to each program, but not including recommendations for appropriation levels.
Subject to subsection (c), for any recommendation that a program be abolished, the Commission shall include in the report proposed legislation, in the form of an implementation bill, to provide for such abolishment.
Single implementation bill per functional category
The Commission shall include in the report one implementation bill under this paragraph for each functional category under which a program is recommended to be abolished.
An implementation bill included in the report under this paragraph shall conform to the following requirements:
The title of the
bill shall be
A bill to abolish the program[s] numbered ___ in the
inventory submitted to Congress on ___ as required by section 301 of the SWEEP
Act., the first blank space being filled in with the numbers of the
programs to be abolished, as assigned under section 304, and the second blank
space being filled in with the date on which the report containing the
abolishment recommendation was submitted to Congress.
The bill may not include a preamble.
After the enacting clause, the bill may include only provisions to provide for—
the abolishment of programs recommended to be abolished under paragraph 2; and
changes in existing laws or new statutory authority necessary to implement such abolishments, if any.
It is the sense of Congress that, in preparing an implementation bill under this paragraph, the Commission should consult with the appropriate committees of the Senate and the House of Representatives.
Recommendations and proposed legislation may be included in a report under subsection (b) only if agreed to by not fewer than eight of the Commission members.
Procedure if no consensus
If eight or more Commission members do not support any recommendation or proposed legislation regarding any program—
the Commission shall note the absence of a recommendation or proposed legislation in the section of the report dedicated to the program; and
the Commission shall attach to the report an addendum containing summaries of the recommendations or proposed legislation for programs for which no consensus was achieved, and the number of Commission members in support of each such recommendation or proposed legislation.
Monitoring of implementation
The Commission may monitor the implementation of prior recommendations and the enacting of laws based on proposed legislation from the Commission and include any appropriate related information in the report.
Congressional consideration of proposed legislation for abolishments
Introduction; Referral; and Report or Discharge
On the first calendar day on which both Houses are in session on or immediately following the date on which a report is submitted to Congress under section 403 containing proposed legislation included under section 403(b)(3), each implementation bill included in such report shall be introduced (by request)—
in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate; and
in the House of Representatives by the majority leader of the House of Representatives, for himself and the minority leader of the House of Representatives, or by Members of the House of Representatives designated by the majority leader and minority leader of the House of Representatives.
An implementation bill introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment.
Report or discharge
If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar.
When the committee to which an implementation bill is referred has reported the bill, or has been discharged from further consideration of the bill under subsection (a)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion 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, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of.
An implementation bill may not be amended in the Senate or the House of Representatives.
Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order.
Vote on final passage
Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur.
Rulings of the chair on procedure
Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate.
Coordination With Action by Other House
If, before the passage by one House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply:
The implementation bill of the other House shall not be referred to a committee.
Vote on bill of other house
With respect to an implementation bill of the House receiving the implementation bill—
the procedure in that House shall be the same as if no implementation bill had been received from the other House; but
the vote on final passage shall be on the implementation bill of the other House.
Rules of the Senate and the House of Representatives
This section is enacted by Congress—
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it 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 an implementation bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
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.
Calendar day defined
In this section, 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.