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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2135 Engrossed in Senate (ES)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Identifying and Eliminating Wasteful 
Programs Act''.

SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECESSARY AGENCY PROGRAMS 
              OR PROGRAM ACTIVITIES.

    (a) Transparency of Programs, Priority Goals, and Results.--Section 
1122(a)(3)(D) of title 31, United States Code, is amended--
            (1) by redesignating clauses (vi) and (vii) as clauses 
        (vii) and (viii), respectively;
            (2) by inserting after clause (v) the following:
                            ``(vi) to the extent practicable and 
                        consistent with guidance issued by the Director 
                        of the Office of Management and Budget, budget 
                        justification materials described in section 
                        3(b)(2)(B) of the Federal Funding 
                        Accountability and Transparency Act of 2006 (31 
                        U.S.C. 6101 note);''; and
            (3) in clause (vii), as so redesignated, by striking 
        ``accountability; and'' and inserting ``accountability, 
        including information included in the list compiled under 
        section 1127(b)(1); and''.
    (b) Identification of Unnecessary Agency Programs or Program 
Activities.--Chapter 11 of title 31, United States Code, is amended by 
adding at the end the following:
``Sec. 1127. Identification of unnecessary agency programs or program 
              activities
    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' has the meaning given the 
        term in section 1108(a).
            ``(2) Program.--The term `program' has the meaning given 
        the term in section 1122(a)(1).
            ``(3) Program activity.--The term `program activity' has 
        the meaning given the term in section 1115(h).
    ``(b) Agency Identification of Unnecessary Programs or Program 
Activities.--Not later than 20 days after the date on which the 
President transmits the budget of the United States Government under 
section 1105(a) each year, and based on guidance provided by the 
Director of the Office of Management and Budget, the Chief Operating 
Officer of each agency shall--
            ``(1) compile a list that identifies any program or program 
        activity of the agency that--
                    ``(A) is unnecessary, defunct, or unnecessarily 
                duplicative of another program or program activity of 
                the agency;
                    ``(B) another agency could administer more 
                effectively; or
                    ``(C) could operate more effectively if the program 
                or activity were consolidated with other programs or 
                activities;
            ``(2) publish the list compiled under paragraph (1) in--
                    ``(A) with respect to each list compiled before the 
                date of the implementation described in section 
                9601(b)(3) of title XCVI of the William M. (Mac) 
                Thornberry National Defense Authorization Act for 
                Fiscal Year 2021 (31 U.S.C. 1122 note) of the program 
                inventory described in section 1122(a)(2)(B)(i) of this 
                title, the pilot program described in section 
                9601(b)(2)(B) of title XCVI of that Act; and
                    ``(B) with respect to each successive list, the 
                program inventory described in section 
                1122(a)(2)(B)(i); and
            ``(3) submit the list compiled under paragraph (1) to--
                    ``(A) the relevant congressional committees of 
                jurisdiction of the agency;
                    ``(B) the Committee on Appropriations of the 
                Senate;
                    ``(C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(D) the Committee on Appropriations of the House 
                of Representatives; and
                    ``(E) the Committee on Oversight and Reform of the 
                House of Representatives.
    ``(c) Recommendations.--Based on guidance issued by the Director of 
the Office of Management and Budget, the head of an agency may submit 
to Congress recommendations for statutory changes to eliminate or 
consolidate programs or program activities identified under subsection 
(b)(1).''.
    (c) Clerical Amendment.--The table of sections for chapter 11 of 
title 31, United States Code, is amended by adding at the end the 
following:

``1127. Identification of unnecessary agency programs or program 
                            activities''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date that is 120 days 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 the Chief Operating 
 Officer of each agency to compile a list of unnecessary programs, and 
                          for other purposes.
```