I 

113TH CONGRESS 

1ST SESSION H. R. 1954 

To amend chapter 7 of title 31, United States Code, to require the Comptroller General to assist Congress and the President in eliminating agencies and programs in Executive departments that no longer serve a 

public need, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2013 

Mr. HUDSON 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 amend chapter 7 of title 31, United States Code, to 

require the Comptroller General to assist Congress and 

the President in eliminating agencies and programs in 

Executive departments that no longer serve a public 

need, 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 ‘‘Sunset Wasteful Exec5 utive Expenditures and Programs Act of 2013’’. 


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1 SEC. 2. REQUIREMENT FOR THE COMPTROLLER GENERAL 

2 TO REVIEW EXECUTIVE DEPARTMENTS TO 

3 ENSURE THEY CONTINUE TO SERVE A PUB4 LIC NEED. 

5 (a) AMENDMENT.—Chapter 7 of title 31, United 

6 States Code, is amended by adding at the end of sub7 chapter II the following new section: 

8 ‘‘§ 721. Review of Executive departments to ensure 

9 they continue to serve a public need 

10 ‘‘(a) REVIEW REQUIRED.—Each year, beginning with 

11 2014, the Comptroller General of the United States shall 

12 review three Executive departments, in the order of their 

13 creation, to identify agencies and programs within the ju14 risdiction of the departments that perform similar or re15 lated functions and that no longer serve a public need. 

16 The Comptroller General shall review every department at 

17 least once every five years. 

18 ‘‘(b) CRITERIA.—The Comptroller General shall 

19 evaluate the efficiency and public need for each Executive 

20 department pursuant to subsection (a) using the following 

21 criteria: 

22 ‘‘(1) The effectiveness and the efficiency of the 

23 operation of the programs carried out by each such 

24 Executive department. 

25 ‘‘(2) Whether the programs carried out by the 

26 Executive department are cost-effective. 


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1 ‘‘(3) Whether the Executive department has 

2 acted outside the scope of its original authority, and 

3 whether the original objectives of the department 

4 have been achieved. 

5 ‘‘(4) Whether less restrictive or alternative 

6 methods exist to carry out the functions of the Exec7 utive department. 

8 ‘‘(5) The extent to which the jurisdiction of, 

9 and the programs administered by, the Executive de10 partment duplicate or conflict with the jurisdiction 

11 and programs of other Executive departments. 

12 ‘‘(6) The potential benefits of consolidating pro13 grams administered by the Executive department 

14 with similar or duplicative programs of other Execu15 tive departments, and the potential for consolidating 

16 such programs. 

17 ‘‘(7) The number and types of beneficiaries or 

18 persons served by programs carried out by the Exec19 utive department. 

20 ‘‘(8) The extent to which any trends, develop21 ments, and emerging conditions that are likely to af22 fect the future nature and extent of the problems or 

23 needs that the programs carried out by the Execu24 tive department are intended to address. 


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1 ‘‘(9) The extent to which the Executive depart2 ment has complied with the provisions contained in 

3 sections 1115 through 1119 of this title (relating to 

4 Government performance planning and reporting). 

5 ‘‘(10) Whether the Executive department has 

6 worked to enact changes in the law that are in7 tended to benefit the public as a whole rather than 

8 the specific business, institution, or individuals that 

9 the department regulates. 

10 ‘‘(11) The extent to which the Executive de11 partment has encouraged participation by the public 

12 as a whole in making its rules and decisions rather 

13 than encouraging participation solely by those it reg14 ulates. 

15 ‘‘(12) The extent to which the public participa16 tion in rulemaking and decisionmaking of the Execu17 tive department has resulted in rules and decisions 

18 compatible with the objectives of the department. 

19 ‘‘(13) The extent to which the Executive de20 partment complies with section 552 of title 5, 

21 United States Code (commonly known as the ‘Free22 dom of Information Act’). 

23 ‘‘(14) The extent of the regulatory, privacy, and 

24 paperwork impacts of the programs carried out by 

25 the Executive department. 


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1 ‘‘(15) The extent to which changes are nec2 essary in the authorizing statutes of the Executive 

3 department in order that the function of the depart4 ment can be performed in the most efficient and ef5 fective manner. 

6 ‘‘(c) ANNUAL REPORT AND RECOMMENDED LEGIS7 LATION.—By February 1 of each year, beginning with 

8 February 1, 2015, the Comptroller General shall submit 

9 to Congress a report on the results of the review of the 

10 Executive departments carried out during the preceding 

11 year. The report shall include— 

12 ‘‘(1) such recommendations as the Comptroller 

13 General considers necessary to facilitate the abolish14 ment of agencies and programs within the Executive 

15 departments that perform similar or related func16 tions that were identified pursuant to subsection (a) 

17 as no longer serving a public need; and 

18 ‘‘(2) legislative language to implement those 

19 recommendations in a form appropriate for introduc20 tion in Congress as a bill. 

21 ‘‘(d) EXECUTIVE DEPARTMENT DEFINED.—In this 

22 section, the term ‘Executive department’ means each de23 partment listed in section 101 of title 5, United States 

24 Code.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 7 of title 31, United States 

3 Code, is amended by adding at the end of subchapter II 

4 the following new item: 

‘‘721. Review of Executive departments to ensure they continue to serve a public 

need.’’. 

5 SEC. 3. CONGRESSIONAL ACTION TO ENSURE EXECUTIVE 

6 DEPARTMENTS CONTINUE TO SERVE A PUB7 LIC NEED. 

8 (a) ABOLISHMENT OF DEPARTMENTS.— 

9 (1) IN GENERAL.—Not later than December 31 

10 of each year, beginning with December 31, 2015, the 

11 three Executive departments that were reviewed by 

12 the Comptroller General of the United States during 

13 the preceding year pursuant to section 721 of title 

14 31, United States Code, shall be abolished. 

15 (2) WINDING DOWN.—The President, in coordi16 nation with the Secretary of each Executive depart17 ment concerned, shall direct the procedures for the 

18 winding down of the operations of departments abol19 ished under subsection (a). 

20 (3) EXTENSION.—The date of abolishment for 

21 an Executive department may be extended for an 

22 additional two years if Congress enacts legislation 

23 extending such date by a vote of three-fifths of the 

24 House of Representatives and of the Senate. 


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1 (b) CONTINUATION OF DEPARTMENTS.— 

2 (1) APPROVAL OF EXISTENCE.—Congress may 

3 authorize the continued existence of an Executive 

4 department scheduled for abolishment by approving 

5 or rejecting the legislation containing the rec6 ommendations of the Comptroller General with re7 spect to that department, as submitted under section 

8 721(c)(2) of title 31, United States Code, and intro9 duced as a bill under subsection (c). 

10 (2) FUTURE RECOMMENDATIONS.—Action of 

11 Congress approving of an Executive department 

12 scheduled for abolishment does not prevent the de13 partment from being abolished in the next cycle for 

14 consideration. 

15 (c) PROCESS FOR CONSIDERATION OF COMPTROLLER

16 GENERAL’S REPORT.— 

17 (1) INTRODUCTION.—After February 1 of each 

18 year, beginning with 2015, the legislation containing 

19 the recommendations of the Comptroller General 

20 with respect to the Executive departments reviewed 

21 during the preceding year, as submitted in the re22 port of the Comptroller General under section 

23 721(c)(2) of title 31, United States Code, shall be 

24 introduced in the Senate by the Majority Leader or 

25 the Majority Leader’s designee, and in the House of 


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1 Representatives by the Speaker or the Speaker’s 

2 designee. Upon such introduction, the bill, to be 

3 known as a ‘‘wasteful expenditures bill’’ shall be re4 ferred to appropriate committees of Congress under 

5 paragraph (2). If the wasteful expenditures bill is 

6 not introduced in accordance with the preceding sen7 tence, then any member of Congress may introduce 

8 such bill in the member’s respective House of Con9 gress beginning on the date that is the fifth calendar 

10 day that such House is in session following the date 

11 of the submission of such aggregate legislative provi12 sions. 

13 (2) COMMITTEE CONSIDERATION.— 

14 (A) REFERRAL.—A wasteful expenditures 

15 bill introduced under paragraph (1) shall be re16 ferred to any appropriate committee of jurisdic17 tion in the Senate and the House of Represent18 atives. A committee to which a wasteful expend19 itures bill is referred under this paragraph and 

20 may review and comment on such bill, may re21 port such bill to the respective House, and may 

22 not amend such bill. 

23 (B) REPORTING.—Not later than 60 legis24 lative days after the introduction of the waste25 ful expenditures bill, each Committee of ConVerDate Mar 15 2010 23:45 May 16, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1954.IH H1954

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1 gress to which the wasteful expenditures bill 

2 was referred shall report the bill. 

3 (C) DISCHARGE OF COMMITTEE.—If a 

4 committee to which is referred a wasteful ex5 penditures bill has not reported such bill at the 

6 end of 60 legislative days after its introduction 

7 or at the end of the first day after there has 

8 been reported to the House involved a wasteful 

9 expenditures bill, whichever is earlier, such 

10 committee shall be deemed to have been dis11 charged from further consideration of such bill, 

12 and such bill shall be placed on the appropriate 

13 calendar of the House involved. 

14 (3) EXPEDITED PROCEDURE.— 

15 (A) CONSIDERATION.— 

16 (i) IN GENERAL.—Not later than 5 

17 legislative days after the date on which a 

18 committee has reported a wasteful expendi19 tures bill or been discharged from consid20 eration of a wasteful expenditures bill, the 

21 Majority Leader of the Senate, or the Ma22 jority Leader’s designee, or the Speaker of 

23 the House of Representatives, or the 

24 Speaker’s designee, shall move to proceed 

25 to the consideration of the wasteful exVerDate Mar 15 2010 23:45 May 16, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1954.IH H1954

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1 penditures bill. It shall also be in order for 

2 any member of the Senate or the House of 

3 Representatives, respectively, to move to 

4 proceed to the consideration of the waste5 ful expenditures bill at any time after the 

6 conclusion of such 5-day period. 

7 (ii) MOTION TO PROCEED.—A motion 

8 to proceed to the consideration of a waste9 ful expenditures bill is highly privileged in 

10 the House of Representatives and is privi11 leged in the Senate and is not debatable. 

12 The motion is not subject to amendment or 

13 to a motion to postpone consideration of 

14 the wasteful expenditures bill. If the mo15 tion to proceed is agreed to, the Senate or 

16 the House of Representatives, as the case 

17 may be, shall immediately proceed to con18 sideration of the wasteful expenditures bill 

19 without intervening motion, order, or other 

20 business, and the wasteful expenditures bill 

21 shall remain the unfinished business of the 

22 Senate or the House of Representatives, as 

23 the case may be, until disposed of. 

24 (iii) LIMITED DEBATE.—Debate on 

25 the wasteful expenditures bill and on all 


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1 debatable motions and appeals in connec2 tion therewith shall be limited to not more 

3 than 10 hours, which shall be divided 

4 equally between those favoring and those 

5 opposing the wasteful expenditures bill. A 

6 motion further to limit debate on the 

7 wasteful expenditures bill is in order and is 

8 not debatable. All time used for consider9 ation of the wasteful expenditures bill, in10 cluding time used for quorum calls (except 

11 quorum calls immediately preceding a vote) 

12 and voting, shall come from the 10 hours 

13 of debate. 

14 (iv) AMENDMENTS.—No amendment 

15 to the wasteful expenditures bill shall be in 

16 order in the Senate and the House of Rep17 resentatives. 

18 (v) VOTE ON FINAL PASSAGE.—Imme19 diately following the conclusion of the de20 bate on the wasteful expenditures bill, the 

21 vote on final passage of the wasteful ex22 penditures bill shall occur. 

23 (vi) OTHER MOTIONS NOT IN

24 ORDER.—A motion to postpone consider25 ation of the wasteful expenditures bill, a 


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1 motion to proceed to the consideration of 

2 other business, or a motion to recommit 

3 the wasteful expenditures bill is not in 

4 order. A motion to reconsider the vote by 

5 which the wasteful expenditures bill is 

6 agreed to or not agreed to is not in order. 

7 (B) CONSIDERATION BY THE OTHER

8 HOUSE.—If, before the passage by one House 

9 of the wasteful expenditures bill that was intro10 duced in such House, such House receives from 

11 the other House a wasteful expenditures bill as 

12 passed by such other House— 

13 (i) the wasteful expenditures bill of 

14 the other House shall not be referred to a 

15 committee and may only be considered for 

16 final passage in the House that receives it 

17 under subparagraph (C); 

18 (ii) the procedure in the House in re19 ceipt of the wasteful expenditures bill of 

20 the other House, shall be the same as if no 

21 wasteful expenditures bill had been re22 ceived from the other House; and 

23 (iii) notwithstanding subparagraph 

24 (B), the vote on final passage shall be on 


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1 the wasteful expenditures bill of the other 

2 House. 

3 (C) DISPOSITION.—Upon disposition of a 

4 wasteful expenditures bill that is received by 

5 one House from the other House, it shall no 

6 longer be in order to consider the wasteful ex7 penditures bill that was introduced in the re8 ceiving House. 

9 (4) LEGISLATIVE DAY.—In this section, the 

10 term ‘‘legislative day’’ means a day on which either 

11 House of Congress is in session. 

12 (5) RULES OF THE SENATE AND THE HOUSE

13 OF REPRESENTATIVES.—This section is enacted— 

14 (A) as an exercise of the rulemaking power 

15 of the Senate and the House of Representa16 tives, respectively, and is deemed to be part of 

17 the rules of each House, respectively, but appli18 cable only with respect to the procedure to be 

19 followed in that House in the case of a wasteful 

20 expenditures bill, and it supersedes other rules 

21 only to the extent that it is inconsistent with 

22 such rules; and 

23 (B) with full recognition of the constitu24 tional right of either House to change the rules 

25 (so far as they relate to the procedure of that 


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1 House) at any time, in the same manner, and 

2 to the same extent as in the case of any other 

3 rule of that House. 

Æ 


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