[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2834 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 722
114th CONGRESS
  2d Session
                                S. 2834

 To improve the Governmentwide management of unnecessarily duplicative 
              Government programs and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2016

Mr. Carper (for himself, Mr. Johnson, Mr. Booker, Ms. Baldwin, and Mr. 
    Peters) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                            December 9, 2016

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To improve the Governmentwide management of unnecessarily duplicative 
              Government programs and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Getting Results through 
Enhanced Accountability and Transparency Act of 2016''.</DELETED>

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    The purpose of this Act is to increase the efficiency and 
effectiveness of the Federal Government in measuring and managing 
unnecessary duplication, fragmentation, and overlap in Government 
programs and in addressing recommendations from the Government 
Accountability Office.</DELETED>

<DELETED>SEC. 3. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 
              UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.</DELETED>

<DELETED>    Section 21 of the Joint Resolution entitled ``Joint 
Resolution increasing the statutory limit on the public debt'' (Public 
Law 111-139; 31 U.S.C. 712 note) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 
              UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.</DELETED>

<DELETED>    ``(a) In General.--The Comptroller General of the United 
States shall--</DELETED>
        <DELETED>    ``(1) conduct routine investigations to identify 
        programs, agencies, offices, and initiatives with unnecessarily 
        duplicative goals and activities within departments and 
        agencies and Governmentwide; and</DELETED>
        <DELETED>    ``(2) submit to Congress an annual report on the 
        findings of the investigations under paragraph (1).</DELETED>
<DELETED>    ``(b) Contents of Reports.--Each report submitted under 
subsection (a)(2) shall, to the extent possible--</DELETED>
        <DELETED>    ``(1) include--</DELETED>
                <DELETED>    ``(A) information from available reports 
                estimating the cost of unnecessary duplication 
                identified under subsection (a)(1); and</DELETED>
                <DELETED>    ``(B) recommendations for consolidation, 
                coordination, and elimination to reduce unnecessary 
                duplication, which shall identify specific rescissions; 
                and</DELETED>
        <DELETED>    ``(2) aggregate separately--</DELETED>
                <DELETED>    ``(A) estimates of related costs reported 
                by the Comptroller General for instances of actual and 
                potential unnecessary duplication; and</DELETED>
                <DELETED>    ``(B) estimates of other potential cost 
                savings and revenue collection reported by the 
                Comptroller General during the period covered by the 
                report.''.</DELETED>

<DELETED>SEC. 4. IMPROVEMENTS TO ELIMINATION OF UNNECESSARY 
              DUPLICATION.</DELETED>

<DELETED>    (a) Systematic Agency Review of Operations.--Section 
305(c) of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by inserting ``, and ways in 
        which the agency might improve its performance toward its 
        mission'' before the semicolon;</DELETED>
        <DELETED>    (2) by redesignating paragraphs (2) and (3) as 
        paragraphs (4) and (5), respectively;</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) informing the processes of the agency for 
        learning and decisionmaking;</DELETED>
        <DELETED>    ``(3) assessing potential opportunities to improve 
        coordination within the agency and with other agencies, and to 
        address actual and potential unnecessary duplication;''; 
        and</DELETED>
        <DELETED>    (4) in paragraph (5), as so redesignated, by 
        inserting ``and performance toward achieving the mission of the 
        agency'' before the period.</DELETED>
<DELETED>    (b) Chief Operating Officers.--Section 1123(b) of title 
31, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by inserting ``evaluation,'' after 
                ``measurement,''; and</DELETED>
                <DELETED>    (B) by inserting ``risk management,'' 
                after ``progress,'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (2), (3), and (4) 
        as paragraphs (3), (4), and (5), respectively;</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) address crosscutting program and management 
        issues, including opportunities to improve coordination and 
        address unnecessary duplication, within and external to the 
        agency using an enterprise risk management 
        approach;'';</DELETED>
        <DELETED>    (4) in paragraph (4), as so redesignated, by 
        inserting ``of mission-oriented components and units and 
        mission support'' after ``management''; and</DELETED>
        <DELETED>    (5) in paragraph (5), as so redesignated--
        </DELETED>
                <DELETED>    (A) by striking ``such as the Chief'' and 
                inserting the following: ``such as--</DELETED>
                <DELETED>    ``(A) the heads of mission-related 
                components and units at the agency and the major 
                components of the agency; and</DELETED>
                <DELETED>    ``(B) the Chief''; and</DELETED>
                <DELETED>    (B) by striking ``other line of business'' 
                and all that follows and inserting ``heads of mission 
                support functions at the agency and at the major 
                components of the agency.''.</DELETED>
<DELETED>    (c) Federal Government and Agency Performance Plans.--
Section 1115 of title 31, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(6), by inserting ``, 
        including actual or potential unnecessary duplication,'' after 
        ``crosscutting in nature'';</DELETED>
        <DELETED>    (2) in subsection (b)(9), in the matter preceding 
        subparagraph (A), by inserting ``, including actual or 
        potential unnecessary duplication,'' after ``agency faces''; 
        and</DELETED>
        <DELETED>    (3) in subsection (h)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (5) 
                through (12) as paragraphs (6) through (13), 
                respectively;</DELETED>
                <DELETED>    (B) by inserting after paragraph (4) the 
                following:</DELETED>
        <DELETED>    ``(5) `enterprise risk management' means the 
        processes that are used to address the full spectrum of risks 
        across multiple programs and organizations that are located 
        within a larger entity or initiative, placing the risks into an 
        integrated and interrelated portfolio, and prioritizing their 
        mitigation;'';</DELETED>
                <DELETED>    (C) in paragraph (12), as so redesignated, 
                by striking ``and'' at the end;</DELETED>
                <DELETED>    (D) in paragraph (13), as so redesignated, 
                by striking the period and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (E) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(14) `risk' means the possibility of--</DELETED>
                <DELETED>    ``(A) an adverse event or phenomenon 
                occurring; or</DELETED>
                <DELETED>    ``(B) a beneficial opportunity remaining 
                unexploited; and</DELETED>
        <DELETED>    ``(15) `risk management' means the processes that 
        are used to identify, assess, prioritize, monitor, mitigate, 
        and report on risks to achieving the missions, goals, and 
        objectives of a department, agency, or program, or group 
        thereof, using resources and processes appropriate to the 
        nature of the risks and resources available.''.</DELETED>
<DELETED>    (d) Federal Government and Agency Priority Goals.--Section 
1120 of title 31, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)(B)--</DELETED>
                        <DELETED>    (i) in the matter preceding clause 
                        (i), by inserting ``and mission support'' after 
                        ``management''; and</DELETED>
                        <DELETED>    (ii) in clause (v), by striking 
                        the semicolon and inserting a period; 
                        and</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraphs 
                        (A) through (G) as clauses (i) through (vii) 
                        and adjusting the margin accordingly;</DELETED>
                        <DELETED>    (ii) by striking ``shall consult'' 
                        and inserting the following: ``shall--
                        </DELETED>
                <DELETED>    ``(A) consider recommendations of the 
                Government Accountability Office in--</DELETED>
                        <DELETED>    ``(i) the annual report submitted 
                        under section 21 of the Joint Resolution 
                        entitled `Joint Resolution increasing the 
                        statutory limit on the public debt' (Public Law 
                        111-139; 31 U.S.C. 712 note); or</DELETED>
                        <DELETED>    ``(ii) the High Risk list; 
                        and</DELETED>
                <DELETED>    ``(B) consult''; and</DELETED>
                        <DELETED>    (iii) in subparagraph (B)(vii), as 
                        so redesignated, by striking the semicolon and 
                        inserting a period; and</DELETED>
        <DELETED>    (2) in subsection (b)(1)(A), by inserting 
        ``biennial'' before ``consultations''.</DELETED>
<DELETED>    (e) Performance Improvement Officers and the Performance 
Improvement Council.--Section 1124 of title 31, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)(2)(A)--</DELETED>
                <DELETED>    (A) by inserting ``, in collaboration with 
                heads of agency components and mission support 
                functions,'' after ``Officer'';</DELETED>
                <DELETED>    (B) by inserting ``evaluation,'' after 
                ``measurement,''; and</DELETED>
                <DELETED>    (C) by inserting ``risk management,'' 
                after ``progress,''; and</DELETED>
        <DELETED>    (2) in subsection (b)(2)--</DELETED>
                <DELETED>    (A) in subparagraph (D), by inserting 
                ``including issues relating to coordination and 
                unnecessary duplication,'' after ``issues,'';</DELETED>
                <DELETED>    (B) in subparagraph (E), by inserting 
                ``and with non-Federal stakeholders, including States 
                and local governments,'' after ``exchange among 
                agencies'';</DELETED>
                <DELETED>    (C) in subparagraph (F), by inserting 
                ``and mission support'' after ``management'';</DELETED>
                <DELETED>    (D) in subparagraph (I), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (E) in subparagraph (J), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (F) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(K) establish a public website; 
                and</DELETED>
                <DELETED>    ``(L) place annually and archive on the 
                website a detailed annual report describing the 
                Performance Improvement Council's--</DELETED>
                        <DELETED>    ``(i) structure (including any 
                        committees or task forces);</DELETED>
                        <DELETED>    ``(ii) budget and relevant sources 
                        of funds;</DELETED>
                        <DELETED>    ``(iii) staffing, on a full-time 
                        equivalent basis (including an accounting of 
                        details from agencies); and</DELETED>
                        <DELETED>    ``(iv) past, current, and planned 
                        activities.''.</DELETED>
<DELETED>    (f) Elimination of Unnecessary Agency Reporting.--Section 
1125(a)(1) of title 31, United States Code, is amended by striking 
``reports;'' and inserting the following: ``reports, and place the list 
on a public website, which shall include, for each plan or report--
</DELETED>
                <DELETED>    ``(A) a citation to the relevant statutory 
                requirement or direction in a congressional report; 
                and</DELETED>
                <DELETED>    ``(B) an indication of whether and how the 
                agency is complying with the requirement to produce the 
                plan or report, including a citation to the means 
                through which the agency submits the plan or 
                report;''.</DELETED>
<DELETED>    (g) Agency Reports.--Section 720(b) of title 31, United 
States Code, is amended, in the matter preceding paragraph (1), by 
inserting ``, including the annual report on unnecessarily duplicative 
goals and activities within departments and governmentwide required 
under section 21 of the joint resolution entitled `A joint resolution 
increasing the statutory limit on the public debt' (Public Law 111-139; 
31 U.S.C. 712 note) and the High Risk list of the Government 
Accountability Office,'' after ``makes a report''.</DELETED>
<DELETED>    (h) Executive Agency Accounting and Other Financial 
Management Reports and Plans.--Section 3512 of title 31, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (c)(1)--</DELETED>
                <DELETED>    (A) in subparagraph (B), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and</DELETED>
                <DELETED>    (C) by inserting after subparagraph (B) 
                the following:</DELETED>
                <DELETED>    ``(C) high-priority enterprise risks are 
                addressed; and''; and</DELETED>
        <DELETED>    (2) in subsection (d)(1)(A), by inserting ``, 
        including systems and processes for coordination to provide 
        enterprise risk management (as defined in section 1115) for 
        high-priority enterprise risks,'' after ``systems of the 
        agency''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Getting Results through Enhanced 
Accountability and Transparency Act of 2016''.

SEC. 2. PURPOSE.

    The purpose of this Act is to increase the efficiency and 
effectiveness of the Federal Government in measuring and managing 
unnecessary duplication, fragmentation, and overlap in Government 
programs and in addressing recommendations from the Government 
Accountability Office.

SEC. 3. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF UNNECESSARILY 
              DUPLICATIVE GOVERNMENT PROGRAMS.

    Section 21 of the Joint Resolution entitled ``Joint Resolution 
increasing the statutory limit on the public debt'' (Public Law 111-
139; 31 U.S.C. 712 note) is amended to read as follows:

``SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 
              UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.

    ``(a) In General.--The Comptroller General of the United States 
shall--
            ``(1) conduct routine investigations to identify programs, 
        agencies, offices, and initiatives with unnecessarily 
        duplicative goals and activities within departments and 
        agencies and Governmentwide; and
            ``(2) submit to Congress an annual report on the findings 
        of the investigations under paragraph (1).
    ``(b) Contents of Reports.--Reports submitted under subsection 
(a)(2) shall, to the extent possible--
            ``(1) include--
                    ``(A) information from available reports estimating 
                the cost of unnecessary duplication identified under 
                subsection (a)(1); and
                    ``(B) recommendations for consolidation, 
                coordination, and elimination to reduce unnecessary 
                duplication, which shall identify specific rescissions; 
                and
            ``(2) aggregate separately--
                    ``(A) estimates of related costs reported by the 
                Comptroller General for instances of actual and 
                potential unnecessary duplication; and
                    ``(B) estimates of other potential cost savings and 
                revenue collection reported by the Comptroller General 
                during the period covered by the report.''.

SEC. 4. IMPROVEMENTS TO ELIMINATION OF UNNECESSARY DUPLICATION.

    (a) Systematic Agency Review of Operations.--Section 305(c) of 
title 5, United States Code, is amended--
            (1) in paragraph (1), by inserting ``, and ways in which 
        the agency might improve its performance toward its mission'' 
        before the semicolon;
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) informing the processes of the agency for learning 
        and decisionmaking;
            ``(3) assessing potential opportunities to improve 
        coordination within the agency and with other agencies, and to 
        address actual and potential unnecessary duplication;''; and
            (4) in paragraph (5), as so redesignated, by inserting 
        ``and performance toward achieving the mission of the agency'' 
        before the period.
    (b) Chief Operating Officers.--Section 1123(b) of title 31, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``evaluation,'' after 
                ``measurement,''; and
                    (B) by inserting ``risk management,'' after 
                ``progress,'';
            (2) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) address crosscutting program and management issues, 
        including opportunities to improve coordination and address 
        unnecessary duplication, within and external to the agency 
        using an enterprise risk management approach;'';
            (4) in paragraph (4), as so redesignated, by inserting ``of 
        mission-oriented components and units and mission support'' 
        after ``management''; and
            (5) in paragraph (5), as so redesignated--
                    (A) by striking ``such as the Chief'' and inserting 
                the following: ``such as--
                    ``(A) the heads of mission-related components and 
                units at the agency and the major components of the 
                agency; and
                    ``(B) the Chief''; and
                    (B) by striking ``other line of business'' and all 
                that follows and inserting ``heads of mission support 
                functions at the agency and at the major components of 
                the agency.''.
    (c) Federal Government and Agency Performance Plans.--Section 1115 
of title 31, United States Code, is amended--
            (1) in subsection (a)(6), by inserting ``, including actual 
        or potential unnecessary duplication,'' after ``crosscutting in 
        nature'';
            (2) in subsection (b)(9), in the matter preceding 
        subparagraph (A), by inserting ``, including actual or 
        potential unnecessary duplication,'' after ``agency faces''; 
        and
            (3) in subsection (h)--
                    (A) by redesignating paragraphs (5) through (12) as 
                paragraphs (6) through (13), respectively;
                    (B) by inserting after paragraph (4) the following:
            ``(5) `enterprise risk management' means the processes that 
        are used to address the full spectrum of risks across multiple 
        programs and organizations that are located within a larger 
        entity or initiative, placing the risks into an integrated and 
        interrelated portfolio, and prioritizing their mitigation;'';
                    (C) in paragraph (12), as so redesignated, by 
                striking ``and'' at the end;
                    (D) in paragraph (13), as so redesignated, by 
                striking the period and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(14) `risk' means the possibility of--
                    ``(A) an adverse event or phenomenon occurring; or
                    ``(B) a beneficial opportunity remaining 
                unexploited; and
            ``(15) `risk management' means the processes that are used 
        to identify, assess, prioritize, monitor, mitigate, and report 
        on risks to achieving the missions, goals, and objectives of a 
        department, agency, or program, or group thereof, using 
        resources and processes appropriate to the nature of the risks 
        and resources available.''.
    (d) Federal Government and Agency Priority Goals.--Section 1120 of 
title 31, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``and mission support'' after 
                        ``management''; and
                            (ii) in clause (v), by striking the 
                        semicolon and inserting a period; and
                    (B) in paragraph (3)--
                            (i) by redesignating subparagraphs (A) 
                        through (G) as clauses (i) through (vii) and 
                        adjusting the margin accordingly;
                            (ii) by striking ``shall consult'' and 
                        inserting the following: ``shall--
                    ``(A) consider recommendations of the Government 
                Accountability Office in--
                            ``(i) the annual report submitted under 
                        section 21 of the Joint Resolution entitled 
                        `Joint Resolution increasing the statutory 
                        limit on the public debt' (Public Law 111-139; 
                        31 U.S.C. 712 note); or
                            ``(ii) the High Risk list; and
                    ``(B) consult''; and
                            (iii) in subparagraph (B)(vii), as so 
                        redesignated, by striking the semicolon and 
                        inserting a period; and
            (2) in subsection (b)(1)(A), by inserting ``biennial'' 
        before ``consultations''.
    (e) Performance Improvement Officers and the Performance 
Improvement Council.--Section 1124 of title 31, United States Code, is 
amended--
            (1) in subsection (a)(2)(A)--
                    (A) by inserting ``, in collaboration with heads of 
                agency components and mission support functions,'' 
                after ``Officer'';
                    (B) by inserting ``evaluation,'' after 
                ``measurement,''; and
                    (C) by inserting ``risk management,'' after 
                ``progress,''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (D), by inserting ``including 
                issues relating to coordination and unnecessary 
                duplication,'' after ``issues,'';
                    (B) in subparagraph (E), by inserting ``and with 
                non-Federal stakeholders, including States and local 
                governments,'' after ``exchange among agencies'';
                    (C) in subparagraph (F), by inserting ``and mission 
                support'' after ``management'';
                    (D) in subparagraph (I), by striking ``and'' at the 
                end;
                    (E) in subparagraph (J), by striking the period at 
                the end and inserting a semicolon; and
                    (F) by adding at the end the following:
                    ``(K) establish a public website; and
                    ``(L) place annually and archive on the website a 
                detailed annual report describing the Performance 
                Improvement Council's--
                            ``(i) structure (including any committees 
                        or task forces);
                            ``(ii) budget and relevant sources of 
                        funds;
                            ``(iii) staffing, on a full-time equivalent 
                        basis (including an accounting of details from 
                        agencies); and
                            ``(iv) past, current, and planned 
                        activities.''.
    (f) Elimination of Unnecessary Agency Reporting.--Section 
1125(a)(1) of title 31, United States Code, is amended by striking 
``reports;'' and inserting the following: ``reports, and place the list 
on a public website, which shall include, for each plan or report--
                    ``(A) a citation to the relevant statutory 
                requirement or direction in a congressional report; and
                    ``(B) an indication of whether and how the agency 
                is complying with the requirement to produce the plan 
                or report, including a citation to the means through 
                which the agency submits the plan or report;''.
    (g) Agency Reports.--Section 720(b) of title 31, United States 
Code, is amended, in the matter preceding paragraph (1), by inserting 
``, including the annual report on unnecessarily duplicative goals and 
activities within departments and governmentwide required under section 
21 of the Joint Resolution entitled `A joint resolution increasing the 
statutory limit on the public debt' (Public Law 111-139; 31 U.S.C. 712 
note) and the High Risk list of the Government Accountability Office,'' 
after ``makes a report''.
                                                       Calendar No. 722

114th CONGRESS

  2d Session

                                S. 2834

_______________________________________________________________________

                                 A BILL

 To improve the Governmentwide management of unnecessarily duplicative 
              Government programs and for other purposes.

_______________________________________________________________________

                            December 9, 2016

                       Reported with an amendment