I 

111TH CONGRESS 

2D SESSION H. R. 5568 

To create a means to review and abolish Federal programs that are inefficient, 

duplicative, or in other ways wasteful of taxpayer funds. 

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 

A BILL 

To create a means to review and abolish Federal programs 

that are inefficient, duplicative, or in other ways wasteful 

of taxpayer funds. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Stop Waste by Eliminating Excessive Programs Act of 

4 2010’’ or the ‘‘SWEEP Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 TITLE I—GENERAL PROVISIONS 

8 SEC. 101. FINDINGS. 

9 Congress finds that— 


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1 (1) according to the Congressional Budget Of2 fice, in fiscal year 2010 Congress appropriated ap3 proximately $290 billion for unauthorized programs 

4 and activities, and an additional $730 billion for 

5 programs and activities are scheduled to expire on or 

6 before September 30, 2010; 

7 (2) a process should be established to help abol8 ish obsolete and duplicative Federal programs and to 

9 provide for improved Government accountability and 

10 greater openness in Government decisionmaking; 

11 (3) a bipartisan congressional commission es12 tablished to review Federal programs and propose 

13 modifications to or abolishment of those programs 

14 that are unauthorized or nonperforming would be an 

15 effective part of this process, if such modifications or 

16 abolishments do not increase the national deficit; 

17 and 

18 (4) this process should ensure that Congress 

19 considers the reports and recommendations of the 

20 commission in a timely fashion. 

21 SEC. 102. DEFINITIONS. 

22 In this Act, the following definitions apply: 

23 (1) PROGRAM.—The term ‘‘program’’ means a 

24 program activity, as that term is defined in section 

25 1115(g)(6) of title 31, United States Code. 


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1 (2) IMPLEMENTATION BILL.—The term ‘‘imple2 mentation bill’’ means only a bill which is introduced 

3 as provided under section 404(a), and contains the 

4 proposed legislation described in section 403(b)(3), 

5 without modification. 

6 SEC. 103. POINT OF ORDER. 

7 It shall not be in order in either the House of Rep8 resentatives or the Senate to consider any bill or joint res9 olution, or amendment thereto or concurrent resolution 

10 thereon, which authorizes a program, unless it includes a 

11 provision providing budget authority for the program for 

12 a period of 10 or fewer fiscal years. 

13 SEC. 104. AVAILABILITY OF INFORMATION TO CONGRESS 

14 UPON REQUEST. 

15 Upon request and for each program under its control, 

16 a Federal agency shall make the program performance re17 port prepared under section 1116 of title 31, United 

18 States Code, available to Congress. If such report is re19 quested with respect to a program, the following informa20 tion shall be provided with the report: 

21 (1) Information and analysis regarding the or22 ganization, operation, costs, results, accomplish23 ments, and effectiveness of the program. 

24 (2) An identification of the objectives intended 

25 for the program, and the problems or needs which 


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1 the program is intended to address, including an 

2 analysis of the performance expected to be achieved 

3 by the program. 

4 (3) An identification of any other programs 

5 having similar objectives, and a justification of the 

6 need for the program in comparison with those other 

7 programs that may be conflicting or duplicative. 

8 (4) Information regarding the categorization of 

9 the program under section 302(b). 

10 SEC. 105. SENSE OF CONGRESS. 

11 It is the sense of Congress that no funds should be 

12 appropriated for programs abolished by Congressional ac13 tion taken as a result of this Act. 

14 TITLE II—FEDERAL PROGRAM 

15 SUNSET COMMISSION 

16 SEC. 201. ESTABLISHMENT. 

17 There is established in the legislature a commission 

18 to be known as the ‘‘Federal Program Sunset Commis19 sion’’ (in this Act referred to as the ‘‘Commission’’). 

20 SEC. 202. DUTIES OF COMMISSION. 

21 The Commission shall— 

22 (1) submit to Congress a report under section 

23 208; 

24 (2) establish a program review schedule under 

25 section 401; 


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1 (3) conduct a program review under section 

2 402; and 

3 (4) annually submit to Congress a report under 

4 section 403. 

5 SEC. 203. MEMBERSHIP. 

6 (a) NUMBER AND APPOINTMENT.—The Commission 

7 shall be composed of 12 members appointed as follows: 

8 (1) Three members appointed by the Speaker of 

9 the House of Representatives, of whom two shall be 

10 Members of the House of Representatives. 

11 (2) Three members appointed by the minority 

12 leader of the House of Representatives, of whom two 

13 shall be Members of the House of Representatives. 

14 (3) Three members appointed by the majority 

15 leader of the Senate, of whom two shall be Members 

16 of the Senate. 

17 (4) Three members appointed by the minority 

18 leader of the Senate, of whom two shall be Members 

19 of the Senate. 

20 (b) POLITICAL AFFILIATION.—Not more than four 

21 members of the Commission who are Members of Congress 

22 may be of the same party. 

23 (c) PROHIBITION.—No member of the Commission 

24 may be an officer or employee of the executive branch. 

25 (d) TERMS.— 


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1 (1) IN GENERAL.—Each member shall be ap2 pointed for one term of five years, except as pro3 vided in paragraph (2)(A)(i) and subsection (g). 

4 (2) INITIAL APPOINTEES.— 

5 (A) TERMS.—As designated by the Speak6 er of the House of Representatives and the ma7 jority leader of the Senate at the time of ap8 pointment, of the members first appointed— 

9 (i) six shall be appointed for a term of 

10 three years; and 

11 (ii) six shall be appointed for a term 

12 of five years. 

13 (B) LIMITATIONS.— 

14 (i) Of the members appointed under 

15 subparagraph (A)(i), four shall be Mem16 bers of Congress, of whom not more than 

17 three may be of the same party. 

18 (ii) Of the members appointed under 

19 subparagraph (A)(ii), four shall be Mem20 bers of Congress, of whom not more than 

21 three may be of the same party. 

22 (3) VACANCIES.—A vacancy in the Commission 

23 shall be filled in the manner in which the original 

24 appointment was made. 

25 (e) CHAIRMAN; VICE CHAIRMAN.— 


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1 (1) IN GENERAL.—The Chairman and Vice 

2 Chairman of the Commission shall be selected under 

3 paragraphs (2), (3), and (4). The term of office of 

4 the Chairman and Vice Chairman shall be two years. 

5 (2) INITIAL CHAIRMAN.—The Speaker of the 

6 House of Representatives shall designate one of the 

7 members who is a Member of the House of Rep8 resentatives to serve as the initial Chairman. 

9 (3) INITIAL VICE CHAIRMAN.—The majority 

10 leader of the Senate shall designate one of the mem11 bers who is a Member of the Senate to serve as the 

12 initial Vice Chairman. 

13 (4) SUBSEQUENT TERMS.—After the terms of 

14 the initial Chairman and Vice Chairman expire, 

15 members of the Commission shall vote to select the 

16 Chairman and Vice Chairman, of whom one shall be 

17 a member who is a Member of the House of Rep18 resentatives and one shall be a member who is a 

19 Member of the Senate. 

20 (5) LIMITATION ON TERMS.—No member of the 

21 Commission may serve more than two terms as ei22 ther the Chairman, the Vice Chairman, or a com23 bination of the two positions. 

24 (f) CONTINUATION OF MEMBERSHIP.—If a person 

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1 gress and the person ceases to be a Member of Congress, 

2 or was appointed to the Commission when not a Member 

3 of Congress or an officer or employee of the executive 

4 branch and later becomes a Member of Congress or an 

5 officer or employee of the executive branch, that person 

6 may not continue as a member of the Commission begin7 ning on the date that person ceases to be a Member of 

8 Congress, or becomes a Member of Congress or an officer 

9 or employee of the executive branch, as the case may be. 

10 (g) REAPPOINTMENT.—One year after a person 

11 ceases to be a member of the Commission under sub12 sections (d)(2)(A)(i) or (f), that person is eligible for re13 appointment under the appropriate provisions of sub14 section (a). The term of reappointment shall be for the 

15 number of years that is five years minus the number of 

16 years the person previously served as a member of the 

17 Commission. 

18 (h) COMPENSATION.—Members of the Commission 

19 shall not be paid for their service on the Commission. 

20 (i) TRAVEL EXPENSES.—Each member shall receive 

21 travel expenses, including per diem in lieu of subsistence, 

22 in accordance with applicable provisions under subchapter 

23 I of chapter 57 of title 5, United States Code. 


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1 SEC. 204. COMMISSION MEETINGS. 

2 The Commission shall meet at the call of the Chair3 man. 

4 SEC. 205. DIRECTOR AND STAFF OF COMMISSION. 

5 (a) DIRECTOR.—The Commission shall have a Direc6 tor who shall be appointed by the Chairman. The Director 

7 shall be paid at a rate not to exceed the maximum rate 

8 of basic pay for GS–15 of the General Schedule. 

9 (b) STAFF.—The Director may appoint and fix the 

10 pay of additional personnel as the Director considers ap11 propriate. 

12 SEC. 206. COMMISSION ADVISORS. 

13 The Chairman of the Commission may invite a rep14 resentative from the Office of Management and Budget, 

15 the Congressional Budget Office, and the Government Ac16 countability Office to attend Commission meetings and ad17 vise the Commission on appropriate matters. 

18 SEC. 207. POWERS OF COMMISSION. 

19 (a) HEARINGS AND SESSIONS.—The Commission 

20 may, for the purpose of carrying out this Act, hold hear21 ings, sit and act at times and places, take testimony, and 

22 receive evidence as the Commission considers appropriate. 

23 (b) POWERS OF MEMBERS AND AGENTS.—Any mem24 ber or agent of the Commission may, if authorized by the 

25 Commission, take any action which the Commission is au26 thorized to take by this section. 


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1 (c) OBTAINING OFFICIAL DATA.—The Commission 

2 may secure directly from any department or agency of the 

3 United States information necessary to enable it to carry 

4 out this Act. Upon request of the Chairman or Vice Chair5 man of the Commission, the head of that department or 

6 agency shall furnish that information to the Commission. 

7 (d) SUBPOENA POWER.— 

8 (1) IN GENERAL.—The Commission may issue 

9 subpoenas requiring the attendance and testimony of 

10 witnesses and the production of any evidence relat11 ing to any matter under investigation by the Com12 mission. 

13 (2) FAILURE TO OBEY A SUBPOENA.—If a per14 son refuses to obey a subpoena issued under para15 graph (1), the Commission may apply to a United 

16 States district court for an order requiring that per17 son to appear before the Commission to give testi18 mony, produce evidence, or both, relating to the 

19 matter under investigation. The application may be 

20 made within the judicial district where the hearing 

21 is conducted or where that person is found, resides, 

22 or transacts business. Any failure to obey the order 

23 of the court may be punished by the court as civil 

24 contempt. 


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1 (3) SERVICE OF SUBPOENAS.—The subpoenas 

2 of the Commission shall be served in the manner 

3 provided for subpoenas issued by a United States 

4 district court under the Federal Rules of Civil Pro5 cedure for the United States district courts. 

6 (4) SERVICE OF PROCESS.—All process of any 

7 court to which application is made under paragraph 

8 (2) may be served in the judicial district in which 

9 the person required to be served resides or may be 

10 found. 

11 SEC. 208. REPORT. 

12 Not later than the date that is one year after the 

13 date of the enactment of this Act, the Commission shall 

14 submit to Congress a report analyzing the interaction be15 tween authorizing legislation and appropriations legisla16 tion and the effects of such interaction, and providing sug17 gestions for improving the budgeting process with regard 

18 to such interaction. 

19 SEC. 209. SUNSET OF COMMISSION. 

20 The Commission shall terminate 11 years after the 

21 date of the enactment of this Act, unless reauthorized by 

22 Congress. 


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1 TITLE III—PROGRAM 

2 INVENTORY 

3 SEC. 301. DEVELOPMENT OF PROGRAM INVENTORY. 

4 (a) PRELIMINARY INVENTORY.—Not later than 90 

5 days after the date of the enactment of this Act, the 

6 Comptroller General of the United States, in cooperation 

7 with the Director of the Congressional Research Service, 

8 shall submit to Congress a preliminary inventory of all 

9 Federal programs. 

10 (b) FINAL INVENTORY.— 

11 (1) DEADLINE.—Not later than 90 days after 

12 submitting the preliminary inventory to Congress 

13 under subsection (a), and after incorporating any 

14 comments received from committees of the House of 

15 Representatives and Senate, the Comptroller General 

16 shall submit to the Commission a final inventory. 

17 (2) SENSE OF CONGRESS.—It is the sense of 

18 Congress that any committee of the House of Rep19 resentatives or Senate that intends to submit com20 ments to the Comptroller General regarding the pre21 liminary inventory should do so not later than 60 

22 days after receiving the preliminary inventory in 

23 order to allow adequate time for the Comptroller 

24 General to incorporate the comments into the final 

25 inventory. 


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1 (c) BUDGETARY INFORMATION.—The Director of the 

2 Congressional Budget Office shall provide the Comptroller 

3 General with budgetary information to be included in the 

4 preliminary and final inventories. 

5 (d) UPDATES.—Not later than October 1 of the year 

6 after the year in which the final inventory is submitted 

7 to the Commission under subsection (b), and each October 

8 1 thereafter, the Comptroller General shall submit to the 

9 Commission an updated inventory that reflects any new 

10 Federal programs or changes to existing programs enacted 

11 during the 12-month period preceding the due date for 

12 the update. 

13 SEC. 302. ORGANIZATION OF PROGRAM INVENTORY. 

14 (a) IN GENERAL.—The Comptroller General shall or15 ganize the program inventory required under section 301 

16 by program areas that are reflective of national needs and 

17 agency missions and are appropriate for the exercise of 

18 the review requirements of this Act. 

19 (b) FUNCTIONAL CATEGORIES.—In organizing the 

20 program inventory, the Comptroller General shall assign 

21 each program one functional and one subfunctional cat22 egory. 

23 (c) CATEGORIZATION FACTORS.—In determining the 

24 functional and subfunctional category for each program, 


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1 the Comptroller General shall consider the following fac2 tors: 

3 (1) The specific provisions of law authorizing 

4 the program. 

5 (2) The committees of the House of Represent6 atives and Senate that have legislative oversight ju7 risdiction over the program. 

8 (3) The committees of the House of Represent9 atives and Senate that have jurisdiction over legisla10 tion providing new budget authority for the pro11 gram, including the appropriate subcommittees of 

12 the Committees on Appropriations. 

13 (4) A statement of the purpose or purposes to 

14 be achieved by the program. 

15 (5) The agency and the office or other entity 

16 within the agency responsible for administering the 

17 program. 

18 (6) The grants-in-aid, if any, provided by such 

19 program to State and local governments. 

20 SEC. 303. REQUIRED INFORMATION. 

21 For each program in the program inventory required 

22 under section 301, the Comptroller General shall include 

23 the following information: 

24 (1) PROGRAM AUTHORIZATION INFORMATION.— 


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1 (A) The year in which the program was 

2 originally established and, if applicable, the year 

3 in which the program expires. 

4 (B) The next reauthorization date required 

5 by law for the program, if applicable. 

6 (2) BUDGET AUTHORITY INFORMATION.— 

7 (A) The year in which budget authority for 

8 the program was last authorized. 

9 (B) Whether the budget authority provided 

10 for such program is— 

11 (i) authorized for a definite period of 

12 time, including the year in which current 

13 authorizations of new budget authority ex14 pire; 

15 (ii) authorized in a specific dollar 

16 amount but without limit of time; 

17 (iii) authorized without limit of time 

18 or dollar amounts; 

19 (iv) not specifically authorized; or 

20 (v) permanently provided. 

21 (3) CONGRESSIONAL BUDGET OFFICE INFORMA22 TION.—Information prepared by the Director of the 

23 Congressional Budget Office regarding each of the 

24 following matters: 


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1 (A) The amounts of new budget authority 

2 authorized and provided for the program for 

3 each of the four fiscal years preceding the fiscal 

4 year covered by the inventory and, where appli5 cable, the four fiscal years succeeding the fiscal 

6 year covered by the inventory. 

7 (B) The identification code and title of the 

8 appropriation account in which budget author9 ity is provided for the program. 

10 SEC. 304. PROGRAM IDENTIFICATION NUMBER. 

11 The Comptroller General shall assign each program 

12 in the program inventory required under section 301 an 

13 identification number that is related to the functional cat14 egory structure. 

15 SEC. 305. AGENCY COOPERATION. 

16 (a) MUTUAL EXCHANGE OF INFORMATION.—The 

17 Comptroller General, the Director of the Congressional 

18 Research Service, and the Director of the Congressional 

19 Budget Office shall permit the mutual exchange of avail20 able information in their possession that would aid in the 

21 compilation of the program inventory. 

22 (b) ASSISTANCE BY EXECUTIVE BRANCH.—The Di23 rector of the Office of Management and Budget and the 

24 heads of Executive agencies shall, to the extent necessary 

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1 fice with assistance requested by the Comptroller General 

2 in the compilation of the program inventory. 

3 TITLE IV—PROGRAM REVIEW 

4 SEC. 401. PROGRAM REVIEW SCHEDULE. 

5 (a) INITIAL SCHEDULE.—Not later than 90 days 

6 after receiving the final program inventory under section 

7 301(b), the Commission shall establish a schedule for re8 view by the Commission of each program, arranged by 

9 functional category under section 302(b), at least once 

10 every 10 fiscal years. 

11 (b) UPDATES.—Not later than 90 days after receiv12 ing an updated program inventory under section 301(d), 

13 the Commission shall update the schedule established 

14 under subsection (a) to reflect the updated inventory. 

15 SEC. 402. PROGRAM REVIEW. 

16 Based on the schedule established under section 401, 

17 the Commission shall conduct a review of the efficiency 

18 of operation and public need for each program under re19 view, including analyses of the following: 

20 (1) The effectiveness of the program. 

21 (2) Whether the program is cost-effective. 

22 (3) Whether the program is outside of an agen23 cy’s scope of authority, and whether the program 

24 helps to achieve the purposes of the agency. 


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1 (4) Whether more efficient or alternative meth2 ods exist to carry out the functions of the program. 

3 (5) The extent to which the mission, actions, 

4 and policies of the program are duplicative or con5 flict with programs in other agencies. 

6 (6) The potential benefits of consolidating pro7 grams with similar or duplicative missions, actions, 

8 and policies, and the potential for consolidating such 

9 programs. 

10 (7) The number and types of beneficiaries or 

11 persons served by the program. 

12 (8) The extent to which any trends, develop13 ments, and emerging conditions exist that are likely 

14 to affect the future nature and extent of the prob15 lems or needs that the program is intended to ad16 dress. 

17 (9) The promptness and effectiveness with 

18 which the program administrator seeks public input 

19 and input from State and local governments on the 

20 efficiency and effectiveness of the performance of the 

21 program, to the extent such input is required or per22 mitted. 

23 (10) The extent to which the program coordi24 nates with State and local governments. 


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1 (11) The potential effects on State and local 

2 governments of abolishing the program. 

3 (12) The extent of the regulatory, privacy, and 

4 paperwork impacts of the program and any ineffi5 ciencies such impacts may cause. 

6 (13) The extent to which changes are necessary 

7 in the authorizing statutes of the agency in order for 

8 the functions of the program to be performed in the 

9 most efficient and effective manner. 

10 SEC. 403. ANNUAL REPORT. 

11 (a) REPORT REQUIRED.—Not later than October 1 

12 of the year after the year in which the Commission estab13 lishes the initial review schedule under section 401(a), and 

14 each October 1 thereafter, the Commission shall submit 

15 to Congress a report pertaining to the programs des16 ignated, by the review schedule established under section 

17 401, to be reviewed during the 12-month period preceding 

18 the due date for the report. 

19 (b) MATTERS COVERED.— 

20 (1) ANALYSIS.—The Commission shall include 

21 in the report an analysis of the efficiency of oper22 ation and public need for each program under re23 view, based on the review conducted under section 

24 402. 


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1 (2) RECOMMENDATIONS.—Subject to subsection 

2 (c), the Commission shall include in the report rec3 ommendations regarding— 

4 (A) whether each program should be abol5 ished or reorganized; 

6 (B) whether the functions of any programs 

7 should be consolidated, transferred, or reorga8 nized in an agency or among agencies; and 

9 (C) proposed administrative and legislative 

10 action with respect to each program, but not in11 cluding recommendations for appropriation lev12 els. 

13 (3) PROPOSED LEGISLATION.— 

14 (A) IN GENERAL.—Subject to subsection 

15 (c), for any recommendation that a program be 

16 abolished, the Commission shall include in the 

17 report proposed legislation, in the form of an 

18 implementation bill, to provide for such abolish19 ment. 

20 (B) SINGLE IMPLEMENTATION BILL PER

21 FUNCTIONAL CATEGORY.—The Commission 

22 shall include in the report one implementation 

23 bill under this paragraph for each functional 

24 category under which a program is rec25 ommended to be abolished. 


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1 (C) REQUIREMENTS.—An implementation 

2 bill included in the report under this paragraph 

3 shall conform to the following requirements: 

4 (i) The title of the bill shall be ‘‘A bill 

5 to abolish the program[s] numbered 

6 lll in the inventory submitted to Con7 gress on lll as required by section 301 

8 of the SWEEP Act.’’, the first blank space 

9 being filled in with the numbers of the pro10 grams to be abolished, as assigned under 

11 section 304, and the second blank space 

12 being filled in with the date on which the 

13 report containing the abolishment rec14 ommendation was submitted to Congress. 

15 (ii) The bill may not include a pre16 amble. 

17 (iii) After the enacting clause, the bill 

18 may include only provisions to provide 

19 for— 

20 (I) the abolishment of programs 

21 recommended to be abolished under 

22 paragraph 2; and 

23 (II) changes in existing laws or 

24 new statutory authority necessary to 

25 implement such abolishments, if any. 


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1 (D) CONSULTATION.—It is the sense of 

2 Congress that, in preparing an implementation 

3 bill under this paragraph, the Commission 

4 should consult with the appropriate committees 

5 of the Senate and the House of Representa6 tives. 

7 (c) LIMITATION.— 

8 (1) CONSENSUS REQUIRED.—Recommendations 

9 and proposed legislation may be included in a report 

10 under subsection (b) only if agreed to by not fewer 

11 than eight of the Commission members. 

12 (2) PROCEDURE IF NO CONSENSUS.—If eight or 

13 more Commission members do not support any rec14 ommendation or proposed legislation regarding any 

15 program— 

16 (A) the Commission shall note the absence 

17 of a recommendation or proposed legislation in 

18 the section of the report dedicated to the pro19 gram; and 

20 (B) the Commission shall attach to the re21 port an addendum containing summaries of the 

22 recommendations or proposed legislation for 

23 programs for which no consensus was achieved, 

24 and the number of Commission members in 


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1 support of each such recommendation or pro2 posed legislation. 

3 (d) MONITORING OF IMPLEMENTATION.—The Com4 mission may monitor the implementation of prior rec5 ommendations and the enacting of laws based on proposed 

6 legislation from the Commission and include any appro7 priate related information in the report. 

8 SEC. 404. CONGRESSIONAL CONSIDERATION OF PROPOSED 

9 LEGISLATION FOR ABOLISHMENTS. 

10 (a) INTRODUCTION; REFERRAL; AND REPORT OR

11 DISCHARGE.— 

12 (1) INTRODUCTION.—On the first calendar day 

13 on which both Houses are in session on or imme14 diately following the date on which a report is sub15 mitted to Congress under section 403 containing 

16 proposed legislation included under section 

17 403(b)(3), each implementation bill included in such 

18 report shall be introduced (by request)— 

19 (A) in the Senate by the majority leader of 

20 the Senate, for himself and the minority leader 

21 of the Senate, or by Members of the Senate 

22 designated by the majority leader and minority 

23 leader of the Senate; and 

24 (B) in the House of Representatives by the 

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1 tives, for himself and the minority leader of the 

2 House of Representatives, or by Members of the 

3 House of Representatives designated by the ma4 jority leader and minority leader of the House 

5 of Representatives. 

6 (2) REFERRAL.—An implementation bill intro7 duced under paragraph (1) shall be referred to any 

8 appropriate committee of jurisdiction in the Senate 

9 and any appropriate committee of jurisdiction in the 

10 House of Representatives. A committee to which an 

11 implementation bill is referred under this paragraph 

12 may report such bill to the respective House without 

13 amendment. 

14 (3) REPORT OR DISCHARGE.—If a committee to 

15 which an implementation bill is referred has not re16 ported such bill by the end of the 15th calendar day 

17 after the date of the introduction of such bill, such 

18 committee shall be immediately discharged from fur19 ther consideration of such bill, and upon being re20 ported or discharged from the committee, such bill 

21 shall be placed on the appropriate calendar. 

22 (b) FLOOR CONSIDERATION.— 

23 (1) IN GENERAL.—When the committee to 

24 which an implementation bill is referred has re25 ported the bill, or has been discharged from further 


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1 consideration of the bill under subsection (a)(3), it 

2 is at any time thereafter in order (even though a 

3 previous motion to the same effect has been dis4 agreed to) for any Member of the respective House 

5 to move to proceed to the consideration of the imple6 mentation bill, and all points of order against the 

7 implementation bill (and against consideration of the 

8 implementation bill) are waived. The motion is high9 ly privileged in the House of Representatives and is 

10 privileged in the Senate and is not debatable. The 

11 motion is not subject to amendment, or to a motion 

12 to postpone, or to a motion to proceed to the consid13 eration of other business. A motion to reconsider the 

14 vote by which the motion is agreed to or disagreed 

15 to shall not be in order. If a motion to proceed to 

16 the consideration of the implementation bill is 

17 agreed to, the implementation bill shall remain the 

18 unfinished business of the respective House until 

19 disposed of. 

20 (2) AMENDMENTS.—An implementation bill 

21 may not be amended in the Senate or the House of 

22 Representatives. 

23 (3) DEBATE.—Debate on the implementation 

24 bill, and on all debatable motions and appeals in 

25 connection therewith, shall be limited to not more 


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1 than 10 hours, which shall be divided equally be2 tween those favoring and those opposing the bill. A 

3 motion further to limit debate is in order and not 

4 debatable. An amendment to, or a motion to post5 pone, or a motion to proceed to the consideration of 

6 other business, or a motion to recommit the imple7 mentation bill is not in order. A motion to reconsider 

8 the vote by which the implementation bill is agreed 

9 to or disagreed to is not in order. 

10 (4) VOTE ON FINAL PASSAGE.—Immediately 

11 following the conclusion of the debate on an imple12 mentation bill, and a single quorum call at the con13 clusion of the debate if requested in accordance with 

14 the rules of the appropriate House, the vote on final 

15 passage of the implementation bill shall occur. 

16 (5) RULINGS OF THE CHAIR ON PROCEDURE.— 

17 Appeals from the decisions of the Chair relating to 

18 the application of the rules of the Senate or the 

19 House of Representatives, as the case may be, to the 

20 procedure relating to an implementation bill shall be 

21 decided without debate. 

22 (c) COORDINATION WITH ACTION BY OTHER

23 HOUSE.—If, before the passage by one House of an imple24 mentation bill of that House, that House receives from 


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1 the other House an implementation bill, then the following 

2 procedures shall apply: 

3 (1) NONREFERRAL.—The implementation bill 

4 of the other House shall not be referred to a com5 mittee. 

6 (2) VOTE ON BILL OF OTHER HOUSE.—With 

7 respect to an implementation bill of the House re8 ceiving the implementation bill— 

9 (A) the procedure in that House shall be 

10 the same as if no implementation bill had been 

11 received from the other House; but 

12 (B) the vote on final passage shall be on 

13 the implementation bill of the other House. 

14 (d) RULES OF THE SENATE AND THE HOUSE OF

15 REPRESENTATIVES.—This section is enacted by Con16 gress— 

17 (1) as an exercise of the rulemaking power of 

18 the Senate and House of Representatives, respec19 tively, and as such it is deemed a part of the rules 

20 of each House, respectively, but applicable only with 

21 respect to the procedure to be followed in that 

22 House in the case of an implementation bill, and it 

23 supersedes other rules only to the extent that it is 

24 inconsistent with such rules; and 


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1 (2) with full recognition of the constitutional 

2 right of either House to change the rules (so far as 

3 relating to the procedure of that House) at any time, 

4 in the same manner, and to the same extent as in 

5 the case of any other rule of that House. 

6 (e) CALENDAR DAY DEFINED.—In this section, the 

7 term ‘‘calendar day’’ means a calendar day other than one 

8 on which either House is not in session because of an ad9 journment of more than 3 days to a date certain. 

Æ 


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