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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Stop Waste by Eliminating Excessive Programs Act of 
2010’’ or the ‘‘SWEEP Act’’. 
(b) 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. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. FINDINGS. 
Congress finds that— 
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(1) according to the Congressional Budget Of-
fice, in fiscal year 2010 Congress appropriated ap-
proximately $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; 
(2) a process should be established to help abol-
ish obsolete and duplicative Federal programs and to 
provide for improved Government accountability and 
greater openness in Government decisionmaking; 
(3) a bipartisan congressional commission es-
tablished 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 
(4) this process should ensure that Congress 
considers the reports and recommendations of the 
commission in a timely fashion. 
SEC. 102. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) PROGRAM.—The term ‘‘program’’ means a 
program activity, as that term is defined in section 
1115(g)(6) of title 31, United States Code. 
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(2) IMPLEMENTATION BILL.—The term ‘‘imple-
mentation 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. 
SEC. 103. POINT OF ORDER. 
It shall not be in order in either the House of Rep-
resentatives or the Senate to consider any bill or joint res-
olution, 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. 
SEC. 104. AVAILABILITY OF INFORMATION TO CONGRESS 
UPON REQUEST. 
Upon request and for each program under its control, 
a Federal agency shall make the program performance re-
port prepared under section 1116 of title 31, United 
States Code, available to Congress. If such report is re-
quested with respect to a program, the following informa-
tion shall be provided with the report: 
(1) Information and analysis regarding the or-
ganization, operation, costs, results, accomplish-
ments, and effectiveness of the program. 
(2) An identification of the objectives intended 
for the program, and the problems or needs which 
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the program is intended to address, including an 
analysis of the performance expected to be achieved 
by the program. 
(3) 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. 
(4) Information regarding the categorization of 
the program under section 302(b). 
SEC. 105. SENSE OF CONGRESS. 
It is the sense of Congress that no funds should be 
appropriated for programs abolished by Congressional ac-
tion taken as a result of this Act. 
TITLE II—FEDERAL PROGRAM 
SUNSET COMMISSION 
SEC. 201. ESTABLISHMENT. 
There is established in the legislature a commission 
to be known as the ‘‘Federal Program Sunset Commis-
sion’’ (in this Act referred to as the ‘‘Commission’’). 
SEC. 202. DUTIES OF COMMISSION. 
The Commission shall— 
(1) submit to Congress a report under section 
208; 
(2) establish a program review schedule under 
section 401; 
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(3) conduct a program review under section 
402; and 
(4) annually submit to Congress a report under 
section 403. 
SEC. 203. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 12 members appointed as follows: 
(1) Three members appointed by the Speaker of 
the House of Representatives, of whom two shall be 
Members of the House of Representatives. 
(2) Three members appointed by the minority 
leader of the House of Representatives, of whom two 
shall be Members of the House of Representatives. 
(3) Three members appointed by the majority 
leader of the Senate, of whom two shall be Members 
of the Senate. 
(4) Three members appointed by the minority 
leader of the Senate, of whom two shall be Members 
of the Senate. 
(b) POLITICAL AFFILIATION.—Not more than four 
members of the Commission who are Members of Congress 
may be of the same party. 
(c) PROHIBITION.—No member of the Commission 
may be an officer or employee of the executive branch. 
(d) TERMS.— 
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(1) IN
GENERAL.—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. 
(2) INITIAL CHAIRMAN.—The Speaker of the 
House of Representatives shall designate one of the 
members who is a Member of the House of Rep-
resentatives to serve as the initial Chairman. 
(3) INITIAL
VICE
CHAIRMAN.—The majority 
leader of the Senate shall designate one of the mem-
bers who is a Member of the Senate to serve as the 
initial Vice Chairman. 
(4) SUBSEQUENT TERMS.—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 Rep-
resentatives and one shall be a member who is a 
Member of the Senate. 
(5) LIMITATION ON TERMS.—No member of the 
Commission may serve more than two terms as ei-
ther the Chairman, the Vice Chairman, or a com-
bination of the two positions. 
(f) CONTINUATION OF MEMBERSHIP.—If a person 
was appointed to the Commission as a Member of Con-
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gress 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 begin-
ning 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. 
(g) REAPPOINTMENT.—One year after a person 
ceases to be a member of the Commission under sub-
sections (d)(2)(A)(i) or (f), that person is eligible for re-
appointment under the appropriate provisions of sub-
section (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. 
(h) COMPENSATION.—Members of the Commission 
shall not be paid for their service on the Commission. 
(i) TRAVEL EXPENSES.—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. 
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SEC. 204. COMMISSION MEETINGS. 
The Commission shall meet at the call of the Chair-
man. 
SEC. 205. DIRECTOR AND STAFF OF COMMISSION. 
(a) DIRECTOR.—The Commission shall have a Direc-
tor 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. 
(b) STAFF.—The Director may appoint and fix the 
pay of additional personnel as the Director considers ap-
propriate. 
SEC. 206. COMMISSION ADVISORS. 
The Chairman of the Commission may invite a rep-
resentative from the Office of Management and Budget, 
the Congressional Budget Office, and the Government Ac-
countability Office to attend Commission meetings and ad-
vise the Commission on appropriate matters. 
SEC. 207. POWERS OF COMMISSION. 
(a) HEARINGS
AND SESSIONS.—The Commission 
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and 
receive evidence as the Commission considers appropriate. 
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is au-
thorized to take by this section. 
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(c) 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 Chair-
man of the Commission, the head of that department or 
agency shall furnish that information to the Commission. 
(d) SUBPOENA POWER.— 
(1) IN GENERAL.—The Commission may issue 
subpoenas requiring the attendance and testimony of 
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Com-
mission. 
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United 
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, 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. 
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(3) 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 Pro-
cedure for the United States district courts. 
(4) 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. 
SEC. 208. REPORT. 
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 be-
tween authorizing legislation and appropriations legisla-
tion and the effects of such interaction, and providing sug-
gestions for improving the budgeting process with regard 
to such interaction. 
SEC. 209. SUNSET OF COMMISSION. 
The Commission shall terminate 11 years after the 
date of the enactment of this Act, unless reauthorized by 
Congress. 
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TITLE III—PROGRAM 
INVENTORY 
SEC. 301. DEVELOPMENT OF PROGRAM INVENTORY. 
(a) PRELIMINARY 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. 
(b) FINAL INVENTORY.— 
(1) DEADLINE.—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. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that any committee of the House of Rep-
resentatives or Senate that intends to submit com-
ments to the Comptroller General regarding the pre-
liminary 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. 
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(c) BUDGETARY INFORMATION.—The Director of the 
Congressional Budget Office shall provide the Comptroller 
General with budgetary information to be included in the 
preliminary and final inventories. 
(d) UPDATES.—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. 
SEC. 302. ORGANIZATION OF PROGRAM INVENTORY. 
(a) IN GENERAL.—The Comptroller General shall or-
ganize 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. 
(b) FUNCTIONAL CATEGORIES.—In organizing the 
program inventory, the Comptroller General shall assign 
each program one functional and one subfunctional cat-
egory. 
(c) CATEGORIZATION FACTORS.—In determining the 
functional and subfunctional category for each program, 
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