What This Bill Does
This bill requires the Chief Operating Officer of each federal agency to make a list of programs that are wasteful, unnecessary or duplicated. The agencies must share these lists with Congress and publish them publicly. The bill amends federal law to make sure this information about unnecessary programs gets included in budget documents.
Who It Affects
Federal agencies and their Chief Operating Officers are directly required to create and submit the lists. Congress receives the lists. The general public may see the information published online.
Key Provisions
• Each agency's Chief Operating Officer must compile a list of programs that are unnecessary, defunct, or unnecessarily duplicative, within 20 days after the President submits the yearly budget (Sec. 2(b)(1)(A))
• Agencies must identify programs that another agency could administer more effectively or that could work better if consolidated with other programs (Sec. 2(b)(1)(B) and (C))
• Agencies must publish the compiled lists in a public program inventory (Sec. 2(b)(2))
• Agencies must submit the lists to relevant congressional committees including the Senate Committee on Appropriations, the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Appropriations, and the House Committee on Oversight and Accountability (Sec. 2(b)(3))
• Agency heads may submit recommendations to Congress for changes needed to eliminate or consolidate the identified programs (Sec. 2(c))
What Changes
If this bill becomes law, federal agencies must follow a new process to identify and report wasteful programs each year. Budget justification materials will include information about unnecessary programs. Congress will receive official lists of programs each agency considers wasteful or duplicative.
Important Definitions
The bill uses the same definitions for "agency," "program," and "program activity" already found in existing federal law (Sec. 2(a)).
Effective Date
The law takes effect 120 days after the bill is signed (Sec. 2(d)).
I
118TH CONGRESS
1ST SESSION H. R. 1390
To amend title 31, United States Code, to require the Chief Operating
Officer of each agency to compile a list of unnecessary programs, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 7, 2023
Mr. CUELLAR (for himself and Ms. MACE) introduced the following bill; which
was referred to the Committee on Oversight and Accountability
A BILL
To amend title 31, United States Code, to require the Chief
Operating Officer of each agency to compile a list of
unnecessary programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Identifying and Elimi-
4
nating Wasteful Programs Act’’.
5
VerDate Sep 11 2014
22:03 Mar 20, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1390.IH
H1390
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 1390 IH
SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECES-
1
SARY AGENCY PROGRAMS OR PROGRAM AC-
2
TIVITIES.
3
(a) TRANSPARENCY OF PROGRAMS, PRIORITY GOALS,
4
AND RESULTS.—Section 1122(a)(3)(D) of title 31, United
5
States Code, is amended—
6
(1) by redesignating clauses (vi) and (vii) as
7
clauses (vii) and (viii), respectively;
8
(2) by inserting after clause (v) the following:
9
‘‘(vi) to the extent practicable and
10
consistent with guidance issued by the Di-
11
rector of the Office of Management and
12
Budget, budget justification materials de-
13
scribed in section 3(b)(2)(B) of the Fed-
14
eral Funding Accountability and Trans-
15
parency Act of 2006 (31 U.S.C. 6101
16
note);’’; and
17
(3) in clause (vii), as so redesignated, by strik-
18
ing ‘‘accountability; and’’ and inserting ‘‘account-
19
ability, including information included in the list
20
compiled under section 1127(b)(1); and’’.
21
(b) IDENTIFICATION
OF
UNNECESSARY
AGENCY
22
PROGRAMS OR PROGRAM ACTIVITIES.—Chapter 11 of title
23
31, United States Code, is amended by adding at the end
24
the following:
25
VerDate Sep 11 2014
22:03 Mar 20, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1390.IH
H1390
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 1390 IH
‘‘§ 1127. Identification of unnecessary agency pro-
1
grams or program activities
2
‘‘(a) DEFINITIONS.—In this section:
3
‘‘(1) AGENCY.—The term ‘agency’ has the
4
meaning given the term in section 1108(a).
5
‘‘(2) PROGRAM.—The term ‘program’ has the
6
meaning given the term in section 1122(a)(1).
7
‘‘(3) PROGRAM ACTIVITY.—The term ‘program
8
activity’ has the meaning given the term in section
9
1115(h).
10
‘‘(b) AGENCY IDENTIFICATION
OF UNNECESSARY
11
PROGRAMS OR PROGRAM ACTIVITIES.—Not later than 20
12
days after the date on which the President submits the
13
budget of the United States Government under section
14
1105(a) each year, and based on guidance provided by the
15
Director of the Office of Management and Budget, the
16
Chief Operating Officer of each agency shall—
17
‘‘(1) compile a list that identifies any program
18
or program activity of the agency that—
19
‘‘(A) is unnecessary, defunct, or unneces-
20
sarily duplicative of another program or pro-
21
gram activity of the agency;
22
‘‘(B) another agency could administer
23
more effectively; or
24
VerDate Sep 11 2014
22:03 Mar 20, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1390.IH
H1390
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 1390 IH
‘‘(C) could operate more effectively if the
1
program or activity were consolidated with
2
other programs or activities;
3
‘‘(2) publish the list compiled under paragraph
4
(1) in—
5
‘‘(A) with respect to each list compiled be-
6
fore the date of the implementation described in
7
section 9601(b)(3) of title XCVI of the William
8
M. (Mac) Thornberry National Defense Author-
9
ization Act for Fiscal Year 2021 (31 U.S.C.
10
1122 note) of the program inventory described
11
in section 1122(a)(2)(B)(i) of this title, the
12
pilot
program
described
in
section
13
9601(b)(2)(B) of title XCVI of that Act; and
14
‘‘(B) with respect to each successive list,
15
the program inventory described in section
16
1122(a)(2)(B)(i); and
17
‘‘(3) submit the list compiled under paragraph
18
(1) to—
19
‘‘(A) the relevant congressional committees
20
of jurisdiction of the agency;
21
‘‘(B) the Committee on Appropriations of
22
the Senate;
23
‘‘(C) the Committee on Homeland Security
24
and Governmental Affairs of the Senate;
25
VerDate Sep 11 2014
22:03 Mar 20, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1390.IH
H1390
kjohnson on DSK79L0C42PROD with BILLS
5
•HR 1390 IH
‘‘(D) the Committee on Appropriations of
1
the House of Representatives; and
2
‘‘(E) the Committee on Oversight and Ac-
3
countability of the House of Representatives.
4
‘‘(c) RECOMMENDATIONS.—Based on guidance issued
5
by the Director of the Office of Management and Budget,
6
the head of an agency may submit to Congress rec-
7
ommendations for statutory changes to eliminate or con-
8
solidate programs or program activities identified under
9
subsection (b)(1).’’.
10
(c) CLERICAL AMENDMENT.—The table of sections
11
for chapter 11 of title 31, United States Code, is amended
12
by adding at the end the following:
13
‘‘1127. Identification of unnecessary agency programs or program activities.’’.
(d) EFFECTIVE DATE.—The amendments made by
14
this section shall take effect on the date that is 120 days
15
after the date of enactment of this Act.
16
Æ
VerDate Sep 11 2014
22:03 Mar 20, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H1390.IH
H1390
kjohnson on DSK79L0C42PROD with BILLS