Section 1 Short title
This Act may be cited as the “Sunset Wasteful Executive Expenditures and Programs Act of 2013”.
Sunset Wasteful Executive Expenditures and Programs Act of 2013
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.
Sec. 2 Requirement for the Comptroller General to review Executive departments to ensure they continue to serve a public need
Amendment— Chapter 7 of title 31, United States Code, is amended by adding at the end of subchapter II the following new section:
“721. Review of Executive departments to ensure they continue to serve a public need
“(a) Review required—Each year, beginning with 2014, the Comptroller General of the United States shall review three Executive departments, in the order of their creation, to identify agencies and programs within the jurisdiction of the departments that perform similar or related functions and that no longer serve a public need. The Comptroller General shall review every department at least once every five years.
“(b) Criteria—The Comptroller General shall evaluate the efficiency and public need for each Executive department pursuant to subsection (a) using the following criteria:
“(1) The effectiveness and the efficiency of the operation of the programs carried out by each such Executive department.
“(2) Whether the programs carried out by the Executive department are cost-effective.
“(3) Whether the Executive department has acted outside the scope of its original authority, and whether the original objectives of the department have been achieved.
“(4) Whether less restrictive or alternative methods exist to carry out the functions of the Executive department.
“(5) The extent to which the jurisdiction of, and the programs administered by, the Executive department duplicate or conflict with the jurisdiction and programs of other Executive departments.
“(6) The potential benefits of consolidating programs administered by the Executive department with similar or duplicative programs of other Executive departments, and the potential for consolidating such programs.
“(7) The number and types of beneficiaries or persons served by programs carried out by the Executive department.
“(8) The extent to which any trends, developments, and emerging conditions that are likely to affect the future nature and extent of the problems or needs that the programs carried out by the Executive department are intended to address.
“(9) The extent to which the Executive department has complied with the provisions contained in sections 1115 through 1119 of this title (relating to Government performance planning and reporting).
“(10) Whether the Executive department has worked to enact changes in the law that are intended to benefit the public as a whole rather than the specific business, institution, or individuals that the department regulates.
“(11) The extent to which the Executive department has encouraged participation by the public as a whole in making its rules and decisions rather than encouraging participation solely by those it regulates.
“(12) The extent to which the public participation in rulemaking and decisionmaking of the Executive department has resulted in rules and decisions compatible with the objectives of the department.
“(13) The extent to which the Executive department complies with section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”).
“(14) The extent of the regulatory, privacy, and paperwork impacts of the programs carried out by the Executive department.
“(15) The extent to which changes are necessary in the authorizing statutes of the Executive department in order that the function of the department can be performed in the most efficient and effective manner.
“(c) Annual report and recommended legislation—By February 1 of each year, beginning with February 1, 2015, the Comptroller General shall submit to Congress a report on the results of the review of the Executive departments carried out during the preceding year. The report shall include—
“(1) such recommendations as the Comptroller General considers necessary to facilitate the abolishment of agencies and programs within the Executive departments that perform similar or related functions that were identified pursuant to subsection (a) as no longer serving a public need; and
“(2) legislative language to implement those recommendations in a form appropriate for introduction in Congress as a bill.
“(d) Executive department defined—In this section, the term “Executive department” means each department listed in section 101 of title 5, United States Code.”
Clerical amendment— The table of sections at the beginning of chapter 7 of title 31, United States Code, is amended by adding at the end of subchapter II the following new item:
Sec. 3 Congressional action to ensure Executive departments continue to serve a public need
Abolishment of departments—
In general— Not later than December 31 of each year, beginning with December 31, 2015, the three Executive departments that were reviewed by the Comptroller General of the United States during the preceding year pursuant to section 721 of title 31, United States Code, shall be abolished.
Winding down— The President, in coordination with the Secretary of each Executive department concerned, shall direct the procedures for the winding down of the operations of departments abolished under subsection (a).
Extension— The date of abolishment for an Executive department may be extended for an additional two years if Congress enacts legislation extending such date by a vote of three-fifths of the House of Representatives and of the Senate.
Continuation of departments—
Approval of existence— Congress may authorize the continued existence of an Executive department scheduled for abolishment by approving or rejecting the legislation containing the recommendations of the Comptroller General with respect to that department, as submitted under section 721(c)(2) of title 31, United States Code, and introduced as a bill under subsection (c).
Future recommendations— Action of Congress approving of an Executive department scheduled for abolishment does not prevent the department from being abolished in the next cycle for consideration.
Process for consideration of Comptroller General’s report—
Introduction— After February 1 of each year, beginning with 2015, the legislation containing the recommendations of the Comptroller General with respect to the Executive departments reviewed during the preceding year, as submitted in the report of the Comptroller General under section 721(c)(2) of title 31, United States Code, shall be introduced in the Senate by the Majority Leader or the Majority Leader’s designee, and in the House of Representatives by the Speaker or the Speaker’s designee. Upon such introduction, the bill, to be known as a “wasteful expenditures bill” shall be referred to appropriate committees of Congress under paragraph (2). If the wasteful expenditures bill is not introduced in accordance with the preceding sentence, then any member of Congress may introduce such bill in the member’s respective House of Congress beginning on the date that is the fifth calendar day that such House is in session following the date of the submission of such aggregate legislative provisions.
Committee consideration—
Referral— A wasteful expenditures bill introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and the House of Representatives. A committee to which a wasteful expenditures bill is referred under this paragraph and may review and comment on such bill, may report such bill to the respective House, and may not amend such bill.
Reporting— Not later than 60 legislative days after the introduction of the wasteful expenditures bill, each Committee of Congress to which the wasteful expenditures bill was referred shall report the bill.
Discharge of committee— If a committee to which is referred a wasteful expenditures bill has not reported such bill at the end of 60 legislative days after its introduction or at the end of the first day after there has been reported to the House involved a wasteful expenditures bill, whichever is earlier, such committee shall be deemed to have been discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved.
Expedited procedure—
Consideration—
In general— Not later than 5 legislative days after the date on which a committee has reported a wasteful expenditures bill or been discharged from consideration of a wasteful expenditures bill, the Majority Leader of the Senate, or the Majority Leader’s designee, or the Speaker of the House of Representatives, or the Speaker’s designee, shall move to proceed to the consideration of the wasteful expenditures bill. It shall also be in order for any member of the Senate or the House of Representatives, respectively, to move to proceed to the consideration of the wasteful expenditures bill at any time after the conclusion of such 5-day period.
Motion to proceed— A motion to proceed to the consideration of a wasteful expenditures bill is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment or to a motion to postpone consideration of the wasteful expenditures bill. If the motion to proceed is agreed to, the Senate or the House of Representatives, as the case may be, shall immediately proceed to consideration of the wasteful expenditures bill without intervening motion, order, or other business, and the wasteful expenditures bill shall remain the unfinished business of the Senate or the House of Representatives, as the case may be, until disposed of.
Limited debate— Debate on the wasteful expenditures bill and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the wasteful expenditures bill. A motion further to limit debate on the wasteful expenditures bill is in order and is not debatable. All time used for consideration of the wasteful expenditures bill, including time used for quorum calls (except quorum calls immediately preceding a vote) and voting, shall come from the 10 hours of debate.
Amendments— No amendment to the wasteful expenditures bill shall be in order in the Senate and the House of Representatives.
Vote on final passage— Immediately following the conclusion of the debate on the wasteful expenditures bill, the vote on final passage of the wasteful expenditures bill shall occur.
Other motions not in order— A motion to postpone consideration of the wasteful expenditures bill, a motion to proceed to the consideration of other business, or a motion to recommit the wasteful expenditures bill is not in order. A motion to reconsider the vote by which the wasteful expenditures bill is agreed to or not agreed to is not in order.
Consideration by the other House— If, before the passage by one House of the wasteful expenditures bill that was introduced in such House, such House receives from the other House a wasteful expenditures bill as passed by such other House—
the wasteful expenditures bill of the other House shall not be referred to a committee and may only be considered for final passage in the House that receives it under subparagraph (C);
the procedure in the House in receipt of the wasteful expenditures bill of the other House, shall be the same as if no wasteful expenditures bill had been received from the other House; and
notwithstanding subparagraph (B), the vote on final passage shall be on the wasteful expenditures bill of the other House.
Disposition— Upon disposition of a wasteful expenditures bill that is received by one House from the other House, it shall no longer be in order to consider the wasteful expenditures bill that was introduced in the receiving House.
Legislative day— In this section, the term “legislative day” means a day on which either House of Congress is in session.
Rules of the Senate and the House of Representatives— This section is enacted—
as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a wasteful expenditures bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.