II 

Calendar No. 572 

117TH CONGRESS 

2D SESSION S. 2135 

[Report No. 117–216] 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2021 

Ms. HASSAN (for herself and Mr. BRAUN) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

DECEMBER 5, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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, 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 2135 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Wasteful Federal Pro3 grams Reduction Authorization Act’’. 

4 SEC. 2. ELIMINATION OF UNNECESSARY AGENCY PRO5 GRAMS OR PROGRAM ACTIVITIES. 

6 (a) IN GENERAL.—Chapter 11 of title 31, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 1127. Elimination of unnecessary agency programs 

10 or program activities 

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

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

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

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

15 meaning given the term in section 1122(a)(1), as 

16 amended by section 9601(a) of title XCVI of the 

17 William M. (Mac) Thornberry National Defense Au18 thorization Act for Fiscal Year 2021 (Public Law 

19 116–283). 

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

21 activity’ has the meaning given the term in section 

22 1115(h). 

23 ‘‘(b) AGENCY IDENTIFICATION OF UNNECESSARY

24 PROGRAMS OR PROGRAM ACTIVITIES.—Not later than the 

25 date on which the Chief Operating Officer of each agency 

26 is required to provide a count of plans and programs 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 2135 RS

1 under section 1125(a)(4) each year, and based on guid2 ance provided by the Director of the Office of Management 

3 and Budget, the Chief Operating Officer of each agency 

4 shall— 

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

6 or program activity of the agency that is unneces7 sary, defunct, or duplicative of another program or 

8 program activity of the agency; 

9 ‘‘(2) in consultation with the congressional com10 mittees that oversee a program or program activity 

11 identified under paragraph (1), determine— 

12 ‘‘(A) whether the program or program ac13 tivity is unnecessary, defunct, or duplicative of 

14 another program or program activity of the 

15 agency; and 

16 ‘‘(B) whether the program or program ac17 tivity could be eliminated or consolidated with 

18 another program or program activity of the 

19 agency or the Federal Government; 

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

21 (1), in accordance with the determinations made 

22 under paragraph (2); and 

23 ‘‘(4) submit to the Director of the Office of 

24 Management and Budget the list refined under 

25 paragraph (3). 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 2135 RS

1 ‘‘(c) PROPOSED LEGISLATION.—The Director of the 

2 Office of Management and Budget may submit to Con3 gress proposed legislation to eliminate or consolidate the 

4 programs or program activities identified in the lists sub5 mitted under subsection (b)(4).’’. 

6 (b) INCLUSION IN BUDGET.—Section 1105(a) of title 

7 31, United States Code, is amended by adding at the end 

8 the following: 

9 ‘‘(40) the lists identifying unnecessary, defunct, 

10 or duplicative programs or program activities sub11 mitted to the Director of the Office of Management 

12 and Budget under section 1127(b)(4).’’. 

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. Elimination 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 30 days 

18 after the date of enactment of this Act. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Identifying and Elimi21 nating Wasteful Programs Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 2135 RS

1 SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECES2 SARY AGENCY PROGRAMS OR PROGRAM AC3 TIVITIES. 

4 (a) TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, 

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

6 States Code, is amended— 

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

8 clauses (vii) and (ix), respectively; 

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

10 ‘‘(vi) to the extent practicable and con11 sistent with guidance issued by the Director 

12 of the Office of Management and Budget, 

13 information provided in the annual budget 

14 justification materials submitted in con15 junction with the budget of the United 

16 States Government submitted under section 

17 1105(a) in accordance with section 3(a) of 

18 the Federal Funding Accountability and 

19 Transparency Act of 2006 (31 U.S.C. 6101 

20 note);’’; and 

21 (3) in clause (vii), as so redesignated, by striking 

22 ‘‘accountability; and’’ and inserting ‘‘accountability, 

23 including information included in the list compiled 

24 under section 1127(b)(1); and’’. 

25 (b) IDENTIFICATION OF UNNECESSARY AGENCY PRO26 GRAMS OR PROGRAM ACTIVITIES.—Chapter 11 of title 31, 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 2135 RS

1 United States Code, is amended by adding at the end the 

2 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 mean7 ing 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 PRO14 GRAMS OR PROGRAM ACTIVITIES.—Not later than the 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 Chief 

19 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 duplicative 

23 of another program or program activity of the 

24 agency; 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 2135 RS

1 ‘‘(B) another agency could administer more 

2 effectively; or 

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

4 program or activity were consolidated with other 

5 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. 1122 

13 note) of the program inventory described in sec14 tion 1122(a)(2)(B)(i) of this title, the pilot pro15 gram described in section 9601(b)(2)(B) of title 

16 XCVI of that Act; and 

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

18 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; 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 2135 RS

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 recommenda10 tions for statutory changes to eliminate or consolidate pro11 grams or program activities identified under subsection 

12 (b)(1).’’. 

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

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

15 adding at the end the following: 

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

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

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

18 the date of enactment of this Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB

pbinns on DSKJLVW7X2PROD with $$_JOB
Calendar No. 572 

117TH CONGRESS 

2D SESSION S. 2135 

[Report No. 117–216] 

A BILL 

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 

DECEMBER 5, 2022 

Reported with an amendment 


pbinns on DSKJLVW7X2PROD with $$_JOB