117th CONGRESS 2d Session S. 2135 IN THE SENATE OF THE UNITED STATES 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. Short title This Act may be cited as the Identifying and Eliminating Wasteful Programs Act . 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: 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. Secretary