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H.R. 824IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 2 · H.R. 824

Evaluation of Federal agencies and programs for duplicative, wasteful, or outdated functions

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(a) Evaluation (1) Requirement Not later than 1 year after the date of the enactment of this Act, and every 10 years thereafter, the Comptroller General shall, in accordance with paragraph (2), conduct an evaluation of each Federal program carried out in the preceding 10-year period. (2) Use of non-Federal auditor (A) In general The Comptroller General shall— (i) procure the services of a non-Federal auditor to— (I) conduct the evaluation required by paragraph (1) on behalf of the Comptroller General; and (II) make recommendations in accordance with paragraph (3) on Federal agencies and Federal programs that should be realigned or eliminated; and (ii) 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) Deadline for procuring of services for initial evaluation With respect to the evaluation required to be conducted not later than 1 year after the date of the enactment of this Act, the Comptroller General shall procure the services of a non-Federal auditor in accordance with subparagraph (A)(i) not later than 30 days after the date of the enactment of this Act. (3) Evaluation criteria The non-Federal auditor shall recommend under paragraph (2)(A)(ii)— (A) the realignment of 2 or more Federal agencies or Federal programs into a single consolidated or streamlined Federal agency or Federal program, if— (i) such Federal agencies or Federal programs have the same essential function; and (ii) such function can be carried out through a single consolidated or streamlined Federal agency or Federal program; (B) the realignment or elimination of any Federal agency or Federal program that has wasted Federal funds in the 10 year period preceding the evaluation by— (i) egregious spending; (ii) mismanagement of resources and personnel; or (iii) use of such funds for personal benefit or the benefit of a special interest group; and (C) the elimination of any Federal agency or Federal program that during any time in the 10 year period preceding the evaluation— (i) completed its intended purpose; (ii) became irrelevant; or (iii) failed to meet its objectives. (4) Non-Federal auditor report Not later than 1 year after the non-Federal auditor begins conducting an evaluation under this subsection, the non-Federal auditor shall submit to the Comptroller General a report containing the recommendations described under paragraph (2)(A)(ii) with respect to such evaluation. (b) Report to Congress Not later than 30 days after the non-Federal audit submits a report required by subsection (a)(4), the Comptroller General shall submit to Congress a report that includes— (1) the recommendations included in the report, with supporting documentation for all recommendations; and (2) the proposed legislation described under subsection (c). (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 subsection (a)(4). (2) Use of savings The legislation proposed under paragraph (1) shall provide that all funds saved by the implementation of the recommendations described in the report submitted under subsection (a)(3) shall be 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) 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. (e) 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).