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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Identifying and Elimi5 nating Wasteful Programs Act’’. 


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1 SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECES2 SARY AGENCY PROGRAMS OR PROGRAM AC3 TIVITIES. 

4 (a) TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, 

5 AND RESULTS.—Section 1122(a)(3)(D) of title 31, United 

6 States Code, is amended— 

7 (1) by redesignating clauses (vi) and (vii) as 

8 clauses (vii) and (viii), respectively; 

9 (2) by inserting after clause (v) the following: 

10 ‘‘(vi) to the extent practicable and 

11 consistent with guidance issued by the Di12 rector of the Office of Management and 

13 Budget, budget justification materials de14 scribed in section 3(b)(2)(B) of the Fed15 eral Funding Accountability and Trans16 parency Act of 2006 (31 U.S.C. 6101 

17 note);’’; and 

18 (3) in clause (vii), as so redesignated, by strik19 ing ‘‘accountability; and’’ and inserting ‘‘account20 ability, including information included in the list 

21 compiled under section 1127(b)(1); and’’. 

22 (b) IDENTIFICATION OF UNNECESSARY AGENCY

23 PROGRAMS OR PROGRAM ACTIVITIES.—Chapter 11 of title 

24 31, United States Code, is amended by adding at the end 

25 the following: 


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1 ‘‘§ 1127. Identification of unnecessary agency pro2 grams or program activities 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) AGENCY.—The term ‘agency’ has the 

5 meaning given the term in section 1108(a). 

6 ‘‘(2) PROGRAM.—The term ‘program’ has the 

7 meaning given the term in section 1122(a)(1). 

8 ‘‘(3) PROGRAM ACTIVITY.—The term ‘program 

9 activity’ has the meaning given the term in section 

10 1115(h). 

11 ‘‘(b) AGENCY IDENTIFICATION OF UNNECESSARY

12 PROGRAMS OR PROGRAM ACTIVITIES.—Not later than 20 

13 days after the date on which the President submits the 

14 budget of the United States Government under section 

15 1105(a) each year, and based on guidance provided by the 

16 Director of the Office of Management and Budget, the 

17 Chief Operating Officer of each agency shall— 

18 ‘‘(1) compile a list that identifies any program 

19 or program activity of the agency that— 

20 ‘‘(A) is unnecessary, defunct, or unneces21 sarily duplicative of another program or pro22 gram activity of the agency; 

23 ‘‘(B) another agency could administer 

24 more effectively; or 


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1 ‘‘(C) could operate more effectively if the 

2 program or activity were consolidated with 

3 other programs or activities; 

4 ‘‘(2) publish the list compiled under paragraph 

5 (1) in— 

6 ‘‘(A) with respect to each list compiled be7 fore the date of the implementation described in 

8 section 9601(b)(3) of title XCVI of the William 

9 M. (Mac) Thornberry National Defense Author10 ization Act for Fiscal Year 2021 (31 U.S.C. 

11 1122 note) of the program inventory described 

12 in section 1122(a)(2)(B)(i) of this title, the 

13 pilot program described in section 

14 9601(b)(2)(B) of title XCVI of that Act; and 

15 ‘‘(B) with respect to each successive list, 

16 the program inventory described in section 

17 1122(a)(2)(B)(i); and 

18 ‘‘(3) submit the list compiled under paragraph 

19 (1) to— 

20 ‘‘(A) the relevant congressional committees 

21 of jurisdiction of the agency; 

22 ‘‘(B) the Committee on Appropriations of 

23 the Senate; 

24 ‘‘(C) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate; 


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1 ‘‘(D) the Committee on Appropriations of 

2 the House of Representatives; and 

3 ‘‘(E) the Committee on Oversight and Ac4 countability of the House of Representatives. 

5 ‘‘(c) RECOMMENDATIONS.—Based on guidance issued 

6 by the Director of the Office of Management and Budget, 

7 the head of an agency may submit to Congress rec8 ommendations for statutory changes to eliminate or con9 solidate programs or program activities identified under 

10 subsection (b)(1).’’. 

11 (c) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 11 of title 31, United States Code, is amended 

13 by adding at the end the following: 

‘‘1127. Identification of unnecessary agency programs or program activities.’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date that is 120 days 

16 after the date of enactment of this Act. 

Æ 


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