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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Identifying and Elimi-
nating Wasteful Programs Act’’. 
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SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECES-
SARY AGENCY PROGRAMS OR PROGRAM AC-
TIVITIES. 
(a) TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, 
AND RESULTS.—Section 1122(a)(3)(D) of title 31, United 
States Code, is amended— 
(1) by redesignating clauses (vi) and (vii) as 
clauses (vii) and (viii), respectively; 
(2) by inserting after clause (v) the following: 
‘‘(vi) to the extent practicable and 
consistent with guidance issued by the Di-
rector of the Office of Management and 
Budget, budget justification materials de-
scribed in section 3(b)(2)(B) of the Fed-
eral Funding Accountability and Trans-
parency Act of 2006 (31 U.S.C. 6101 
note);’’; and 
(3) in clause (vii), as so redesignated, by strik-
ing ‘‘accountability; and’’ and inserting ‘‘account-
ability, including information included in the list 
compiled under section 1127(b)(1); and’’. 
(b) IDENTIFICATION
OF
UNNECESSARY
AGENCY 
PROGRAMS OR PROGRAM ACTIVITIES.—Chapter 11 of title 
31, United States Code, is amended by adding at the end 
the following: 
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‘‘§ 1127. Identification of unnecessary agency pro-
grams or program activities 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AGENCY.—The term ‘agency’ has the 
meaning given the term in section 1108(a). 
‘‘(2) PROGRAM.—The term ‘program’ has the 
meaning given the term in section 1122(a)(1). 
‘‘(3) PROGRAM ACTIVITY.—The term ‘program 
activity’ has the meaning given the term in section 
1115(h). 
‘‘(b) AGENCY IDENTIFICATION
OF UNNECESSARY 
PROGRAMS OR PROGRAM ACTIVITIES.—Not later than 20 
days after the date on which the President submits the 
budget of the United States Government under section 
1105(a) each year, and based on guidance provided by the 
Director of the Office of Management and Budget, the 
Chief Operating Officer of each agency shall— 
‘‘(1) compile a list that identifies any program 
or program activity of the agency that— 
‘‘(A) is unnecessary, defunct, or unneces-
sarily duplicative of another program or pro-
gram activity of the agency; 
‘‘(B) another agency could administer 
more effectively; or 
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‘‘(C) could operate more effectively if the 
program or activity were consolidated with 
other programs or activities; 
‘‘(2) publish the list compiled under paragraph 
(1) in— 
‘‘(A) with respect to each list compiled be-
fore the date of the implementation described in 
section 9601(b)(3) of title XCVI of the William 
M. (Mac) Thornberry National Defense Author-
ization Act for Fiscal Year 2021 (31 U.S.C. 
1122 note) of the program inventory described 
in section 1122(a)(2)(B)(i) of this title, the 
pilot 
program 
described 
in 
section 
9601(b)(2)(B) of title XCVI of that Act; and 
‘‘(B) with respect to each successive list, 
the program inventory described in section 
1122(a)(2)(B)(i); and 
‘‘(3) submit the list compiled under paragraph 
(1) to— 
‘‘(A) the relevant congressional committees 
of jurisdiction of the agency; 
‘‘(B) the Committee on Appropriations of 
the Senate; 
‘‘(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
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‘‘(D) the Committee on Appropriations of 
the House of Representatives; and 
‘‘(E) the Committee on Oversight and Ac-
countability of the House of Representatives. 
‘‘(c) RECOMMENDATIONS.—Based on guidance issued 
by the Director of the Office of Management and Budget, 
the head of an agency may submit to Congress rec-
ommendations for statutory changes to eliminate or con-
solidate programs or program activities identified under 
subsection (b)(1).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 11 of title 31, United States Code, is amended 
by adding at the end the following: 
‘‘1127. Identification of unnecessary agency programs or program activities.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 120 days 
after the date of enactment of this Act. 
Æ 
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