[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 397 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 397
To require the evaluation of Federal agencies and programs for
duplicative, wasteful, or outdated functions, and to recommend the
elimination or realignment of such functions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2023
Ms. Van Duyne (for herself, Mr. Finstad, and Mr. Carter of Georgia)
introduced the following bill; which was referred to the Committee on
Oversight and Accountability, 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 require the evaluation of Federal agencies and programs for
duplicative, wasteful, or outdated functions, and to recommend the
elimination or realignment of such functions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Office Realignment And
Closure Act of 2023'' or the ``GORAC Act''.
SEC. 2. EVALUATION OF FEDERAL AGENCIES AND PROGRAMS FOR DUPLICATIVE,
WASTEFUL, OR OUTDATED FUNCTIONS.
(a) Non-Federal Auditor Review.--The Comptroller General shall--
(1) procure the services of a non-Federal auditor to--
(A) evaluate each Federal program carried out in
the 20-year period preceding the date of the enactment
of this Act;
(B) make recommendations, using the criteria under
subsection (b), on Federal agencies and Federal
programs that should be realigned or eliminated; and
(C) submit to the Comptroller General a report
containing such recommendations; and
(2) take appropriate steps to assure that any work
performed by the non-Federal auditor complies with the
standards established by the Comptroller General for audits of
Federal establishments, organizations, programs, activities,
and functions.
(b) Criteria.--The non-Federal auditor shall recommend under
subsection (a)(1)(B)--
(1) the realignment of 2 or more Federal agencies or
Federal programs into a single consolidated or streamlined
Federal agency or Federal program, if--
(A) such Federal agencies or Federal programs have
the same essential function; and
(B) such function can be carried out through a
single consolidated or streamlined Federal agency or
Federal program;
(2) the realignment or elimination of any Federal agency or
Federal program that has wasted Federal funds in the 20-year
period preceding the date of the enactment of this Act by--
(A) egregious spending;
(B) mismanagement of resources and personnel; or
(C) use of such funds for personal benefit or the
benefit of a special interest group; and
(3) the elimination of any Federal agency or Federal
program that during any time in the 20-year period preceding
the date of the enactment of this Act--
(A) completed its intended purpose;
(B) became irrelevant; or
(C) failed to meet its objectives.
(c) Proposed Legislation.--
(1) In general.--The Comptroller General shall propose
legislation in accordance with paragraphs (2) and (3) to
implement the recommendations included in the report submitted
under subsection (d).
(2) Use of savings.--The legislation proposed under
paragraph (1) shall provide that all funds saved by the
implementation of the recommendations described under
subsection (a)(1)(B) shall be--
(A) used to support domestic programs; or
(B) pay down the national debt.
(3) Relocation of federal employees.--The legislation
proposed under paragraph (1) shall provide that if the position
of an employee of a Federal agency is eliminated as a result of
the implementation of the recommendations included in the
report, the head of the agency shall make reasonable efforts to
relocate such employee to another position within the agency or
within another Federal agency.
(d) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report
that includes--
(1) the recommendations described under subsection
(a)(1)(B), with supporting documentation for all
recommendations; and
(2) the proposed legislation described under subsection
(c).
(e) Additional Authorities.--
(1) Hearings.--The non-Federal auditor may request that the
Comptroller General for the purpose of carrying out this
section require, by subpoena or otherwise, the attendance and
testimony of such witnesses as any member of the Comptroller
considers advisable.
(2) Production of certain materials.--
(A) In general.--The non-Federal auditor may
request that the Comptroller General for the purpose of
carrying out this section require, by subpoena or
otherwise, the production of such books, records,
correspondence, memoranda, papers, documents, tapes,
and other evidentiary materials relating to any matter
under investigation by the non-Federal auditor.
(B) Authority to decline request.--The Comptroller
General may decline a request described under
subparagraph (A).
(C) Issuance.--Subpoenas issued under subparagraph
(A) shall bear the signature of the Comptroller General
and shall be served by any person or class of persons
designated by the chairperson for that purpose.
(D) Enforcement.--In the case of contumacy or
failure to obey a subpoena issued under subparagraph
(A), the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(E) Information from federal agencies.--The
Comptroller General may secure directly from any
Federal department or agency such information as the
non-Federal auditor considers necessary to carry out
this section. Upon a request made to the Comptroller
General from the non-Federal auditor, the head of an
agency shall furnish such information to the auditor.
(f) Definitions.--In this section:
(1) Entitlement program.--The term ``entitlement program''
means any program that makes payments (including loans and
grants), the budget authority for which is not provided for in
advance by appropriation Acts, to any person or government if,
under the provisions of the law containing such authority, the
United States is obligated to make such payments to persons or
governments who meet the requirements established by such law.
(2) Federal agency.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Federal agency'' has the meaning given
the term ``Executive agency'' under section 105 of
title 5, United States Code.
(B) Exceptions.--The term ``Federal agency'' does
not include--
(i) a military installation, as such term
is defined in section 2801(c)(4) of title 10,
United States Code; or
(ii) any agency that solely administers
entitlement programs.
(3) Federal program.--
(A) In general.--Except as provided in subparagraph
(B), the term ``program'' means any activity or
function of an agency.
(B) Exception.--The term ``program'' does not
include entitlement programs.
(4) Non-federal auditor.--The term ``non-Federal auditor''
means the non-Federal auditor from which the Comptroller
General procures services under subsection (a).
SEC. 3. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.
(a) Introduction; Referral; and Report or Discharge.--
(1) Introduction.--On the first calendar day on which both
Houses are in session, on or immediately following the date on
which the report is submitted to Congress under section 2, a
single implementation bill shall be introduced (by request)--
(A) in the Senate by the Chair of the Committee on
Homeland Security and Governmental Affairs; and
(B) in the House of Representatives by the Chair of
the Committee on Oversight and Reform of the House of
Representatives.
(2) Referral.--
(A) To the appropriate committee of jurisdiction.--
The implementation bills introduced under paragraph (1)
shall be referred to any appropriate committee of
jurisdiction in the Senate and any appropriate
committee of jurisdiction in the House of
Representatives.
(B) Authority over implementation bill.--A
committee to which an implementation bill is referred
under this paragraph may review and report on such
bill, may report such bill to the respective House, and
may not amend such bill.
(3) Report or discharge.--If a committee to which an
implementation bill is referred has not reported such bill by
the end of the 15th calendar day after the date of the
introduction of such bill, such committee shall be immediately
discharged from further consideration of such bill, and upon
being reported or discharged from the committee, such bill
shall be placed on the appropriate calendar.
(b) Floor Consideration.--
(1) In general.--When the committee to which an
implementation bill is referred has reported, or has been
discharged under subsection (b)(3), it is at any time
thereafter in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
implementation bill, and all points of order against the
implementation bill (and against consideration of the
implementation bill) are waived. The motion 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, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the implementation bill is agreed to, the
implementation bill shall remain the unfinished business of the
respective House until disposed of.
(2) Amendments.--An implementation bill may not be amended
in the Senate or the House of Representatives.
(3) Debate.--Debate on the implementation 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
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the implementation bill is not in order. A
motion to reconsider the vote by which the implementation bill
is agreed to or disagreed to is not in order.
(4) Vote on final passage.--Immediately following the
conclusion of the debate on an implementation bill, and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the appropriate House, the vote
on final passage of the implementation bill shall occur.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to an implementation bill shall
be decided without debate.
(c) Coordination With Action by Other House.--If, before the
passage by 1 House of an implementation bill of that House, that House
receives from the other House an implementation bill, then the
following procedures shall apply:
(1) Nonreferral.--The implementation bill of the other
House shall not be referred to a committee.
(2) Vote on bill of other house.--
(A) In general.--If prior to the passage by one
House of an implementing bill of that House, that House
receives the same implementing bill from the other
House, then--
(i) the procedure in that House shall be
the same as if no implementing bill had been
received from the other House; but
(ii) the vote on final passage shall be on
the implementing bill of the other House.
(B) Exception for revenue measures received in
senate.--The provisions of subparagraph (A) shall not
apply in the Senate to an implementing revenue bill.
(d) Rules of Senate and House of Representatives.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a 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 an implementation bill described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating 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.
(e) Definitions.--In this section:
(1) Calendar day.--The term ``calendar day'' means a
calendar day other than 1 on which either House is not in
session because of an adjournment of more than 3 days to a date
certain.
(2) Implementation bill.--The term ``implementation bill''
means only a bill which is introduced as provided under
subsection (a), and contains the proposed legislation included
in the report submitted to Congress under section 2(d), without
modification.
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