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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 2135 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Identifying and Elimi3 nating Wasteful Programs Act’’. 

4 SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECES5 SARY AGENCY PROGRAMS OR PROGRAM AC6 TIVITIES. 

7 (a) TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, 

8 AND RESULTS.—Section 1122(a)(3)(D) of title 31, United 

9 States Code, is amended— 

10 (1) by redesignating clauses (vi) and (vii) as 

11 clauses (vii) and (viii), respectively; 

12 (2) by inserting after clause (v) the following: 

13 ‘‘(vi) to the extent practicable and 

14 consistent with guidance issued by the Di15 rector of the Office of Management and 

16 Budget, budget justification materials de17 scribed in section 3(b)(2)(B) of the Fed18 eral Funding Accountability and Trans19 parency Act of 2006 (31 U.S.C. 6101 

20 note);’’; and 

21 (3) in clause (vii), as so redesignated, by strik22 ing ‘‘accountability; and’’ and inserting ‘‘account23 ability, including information included in the list 

24 compiled under section 1127(b)(1); and’’. 

25 (b) IDENTIFICATION OF UNNECESSARY AGENCY

26 PROGRAMS OR PROGRAM ACTIVITIES.—Chapter 11 of title 
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1 31, United States Code, is amended by adding at the end 

2 the following: 

3 ‘‘§ 1127. Identification of unnecessary agency pro4 grams or program activities 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) AGENCY.—The term ‘agency’ has the 

7 meaning given the term in section 1108(a). 

8 ‘‘(2) PROGRAM.—The term ‘program’ has the 

9 meaning given the term in section 1122(a)(1). 

10 ‘‘(3) PROGRAM ACTIVITY.—The term ‘program 

11 activity’ has the meaning given the term in section 

12 1115(h). 

13 ‘‘(b) AGENCY IDENTIFICATION OF UNNECESSARY

14 PROGRAMS OR PROGRAM ACTIVITIES.—Not later than 20 

15 days after the date on which the President transmits the 

16 budget of the United States Government under section 

17 1105(a) each year, and based on guidance provided by the 

18 Director of the Office of Management and Budget, the 

19 Chief Operating Officer of each agency shall— 

20 ‘‘(1) compile a list that identifies any program 

21 or program activity of the agency that— 

22 ‘‘(A) is unnecessary, defunct, or unneces23 sarily duplicative of another program or pro24 gram activity of the agency; 
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1 ‘‘(B) another agency could administer 

2 more effectively; or 

3 ‘‘(C) could operate more effectively if the 

4 program or activity were consolidated with 

5 other programs or activities; 

6 ‘‘(2) publish the list compiled under paragraph 

7 (1) in— 

8 ‘‘(A) with respect to each list compiled be9 fore the date of the implementation described in 

10 section 9601(b)(3) of title XCVI of the William 

11 M. (Mac) Thornberry National Defense Author12 ization Act for Fiscal Year 2021 (31 U.S.C. 

13 1122 note) of the program inventory described 

14 in section 1122(a)(2)(B)(i) of this title, the 

15 pilot program described in section 

16 9601(b)(2)(B) of title XCVI of that Act; and 

17 ‘‘(B) with respect to each successive list, 

18 the program inventory described in section 

19 1122(a)(2)(B)(i); and 

20 ‘‘(3) submit the list compiled under paragraph 

21 (1) to— 

22 ‘‘(A) the relevant congressional committees 

23 of jurisdiction of the agency; 

24 ‘‘(B) the Committee on Appropriations of 

25 the Senate; 
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1 ‘‘(C) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 ‘‘(D) the Committee on Appropriations of 

4 the House of Representatives; and 

5 ‘‘(E) the Committee on Oversight and Re6 form of the House of Representatives. 

7 ‘‘(c) RECOMMENDATIONS.—Based on guidance issued 

8 by the Director of the Office of Management and Budget, 

9 the head of an agency may submit to Congress rec10 ommendations for statutory changes to eliminate or con11 solidate programs or program activities identified under 

12 subsection (b)(1).’’. 

13 (c) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 11 of title 31, United States Code, is amended 

15 by adding at the end the following: 

‘‘1127. Identification of unnecessary agency programs or program activities’’. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the date that is 120 days 

18 after the date of enactment of this Act. 

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 

other purposes. compile a list of unnecessary programs, and for the Chief Operating Officer of each agency to