Identifying and Eliminating Wasteful Programs Act

117TH CONGRESS 2D SESSION S. 2135 AN ACT 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- 1 tives of the United States of America in Congress assembled, 2 2 † S 2135 ES SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Identifying and Elimi- 2 nating Wasteful Programs Act’’. 3 SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECES- 4 SARY AGENCY PROGRAMS OR PROGRAM AC- 5 TIVITIES. 6 (a) TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, 7 AND RESULTS.—Section 1122(a)(3)(D) of title 31, United 8 States Code, is amended— 9 (1) by redesignating clauses (vi) and (vii) as 10 clauses (vii) and (viii), respectively; 11 (2) by inserting after clause (v) the following: 12 ‘‘(vi) to the extent practicable and 13 consistent with guidance issued by the Di- 14 rector of the Office of Management and 15 Budget, budget justification materials de- 16 scribed in section 3(b)(2)(B) of the Fed- 17 eral Funding Accountability and Trans- 18 parency Act of 2006 (31 U.S.C. 6101 19 note);’’; and 20 (3) in clause (vii), as so redesignated, by strik- 21 ing ‘‘accountability; and’’ and inserting ‘‘account- 22 ability, including information included in the list 23 compiled under section 1127(b)(1); and’’. 24 (b) IDENTIFICATION OF UNNECESSARY AGENCY 25 PROGRAMS OR PROGRAM ACTIVITIES.—Chapter 11 of title 26 3 † S 2135 ES 31, United States Code, is amended by adding at the end 1 the following: 2 ‘‘§ 1127. Identification of unnecessary agency pro- 3 grams or program activities 4 ‘‘(a) DEFINITIONS.—In this section: 5 ‘‘(1) AGENCY.—The term ‘agency’ has the 6 meaning given the term in section 1108(a). 7 ‘‘(2) PROGRAM.—The term ‘program’ has the 8 meaning given the term in section 1122(a)(1). 9 ‘‘(3) PROGRAM ACTIVITY.—The term ‘program 10 activity’ has the meaning given the term in section 11 1115(h). 12 ‘‘(b) AGENCY IDENTIFICATION OF UNNECESSARY 13 PROGRAMS OR PROGRAM ACTIVITIES.—Not later than 20 14 days after the date on which the President transmits the 15 budget of the United States Government under section 16 1105(a) each year, and based on guidance provided by the 17 Director of the Office of Management and Budget, the 18 Chief Operating Officer of each agency shall— 19 ‘‘(1) compile a list that identifies any program 20 or program activity of the agency that— 21 ‘‘(A) is unnecessary, defunct, or unneces- 22 sarily duplicative of another program or pro- 23 gram activity of the agency; 24 4 † S 2135 ES ‘‘(B) another agency could administer 1 more effectively; or 2 ‘‘(C) could operate more effectively if the 3 program or activity were consolidated with 4 other programs or activities; 5 ‘‘(2) publish the list compiled under paragraph 6 (1) in— 7 ‘‘(A) with respect to each list compiled be- 8 fore the date of the implementation described in 9 section 9601(b)(3) of title XCVI of the William 10 M. (Mac) Thornberry National Defense Author- 11 ization Act for Fiscal Year 2021 (31 U.S.C. 12 1122 note) of the program inventory described 13 in section 1122(a)(2)(B)(i) of this title, the 14 pilot program described in section 15 9601(b)(2)(B) of title XCVI of that Act; and 16 ‘‘(B) with respect to each successive list, 17 the program inventory described in section 18 1122(a)(2)(B)(i); and 19 ‘‘(3) submit the list compiled under paragraph 20 (1) to— 21 ‘‘(A) the relevant congressional committees 22 of jurisdiction of the agency; 23 ‘‘(B) the Committee on Appropriations of 24 the Senate; 25 5 † S 2135 ES ‘‘(C) the Committee on Homeland Security 1 and Governmental Affairs of the Senate; 2 ‘‘(D) the Committee on Appropriations of 3 the House of Representatives; and 4 ‘‘(E) the Committee on Oversight and Re- 5 form of the House of Representatives. 6 ‘‘(c) RECOMMENDATIONS.—Based on guidance issued 7 by the Director of the Office of Management and Budget, 8 the head of an agency may submit to Congress rec- 9 ommendations for statutory changes to eliminate or con- 10 solidate programs or program activities identified under 11 subsection (b)(1).’’. 12 (c) CLERICAL AMENDMENT.—The table of sections 13 for chapter 11 of title 31, United States Code, is amended 14 by adding at the end the following: 15 ‘‘1127. Identification of unnecessary agency programs or program activities’’. (d) EFFECTIVE DATE.—The amendments made by 16 this section shall take effect on the date that is 120 days 17 after the date of enactment of this Act. 18 Passed the Senate December 14, 2022. Attest: Secretary. 117TH CONGRESS 2D SESSION S. 2135 AN ACT 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.