[Congressional Record Volume 163, Number 2 (Wednesday, January 4, 2017)]
[House]
[Pages H63-H65]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      TAXPAYERS RIGHT-TO-KNOW ACT

  Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 71) to provide taxpayers with an annual report disclosing 
the cost and performance of Government programs and areas of 
duplication among them, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 71

       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 ``Taxpayers Right-To-Know 
     Act''.

     SEC. 2. INVENTORY OF GOVERNMENT PROGRAMS.

       (a) In General.--Section 1122(a) of title 31, United States 
     Code, is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (2) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) Definition of program.--For purposes of this 
     subsection, the term `program' means an organized set of 
     activities by one or more agencies directed toward a common 
     purpose or goal.'';
       (3) in paragraph (2), as so redesignated--
       (A) by striking ``In general.--Not later than October 1, 
     2012, the Office of Management and Budget shall'' and 
     inserting ``Website and program inventory.--The Director of 
     the Office of Management and Budget shall'';
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) include on the website--
       ``(i) a program inventory that shall identify each program 
     of the Federal Government for which there is more than 
     $1,000,000 in annual budget authority, which shall include--

       ``(I) any activity that is commonly referred to as a 
     program by a Federal agency in communications with Congress, 
     including any activity identified as a program in a budget 
     request;
       ``(II) any activity that is commonly referred to as a 
     program by a Federal agency in communications with the 
     public, including each program for which financial awards are 
     made on a competitive basis; and
       ``(III) any activity referenced in law as a program after 
     June 30, 2019; and

       ``(ii) for each program identified in the program 
     inventory, the information required under paragraph (3) or 
     paragraph (4), as applicable.'';
       (4) in paragraph (3), as so redesignated--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Information.--Information for each program described under 
     paragraph (1)'' and inserting ``Information for larger 
     programs.--Information for each program identified in the 
     program inventory required under paragraph (2) for which 
     there is more than $10,000,000 in annual budget authority'';
       (B) by striking subparagraph (C);
       (C) by redesignating subparagraph (B) as subparagraph (D);
       (D) by striking subparagraph (A) and inserting the 
     following:
       ``(A) an identification of the program activities that are 
     aggregated, disaggregated, or consolidated as part of 
     identifying programs;
       ``(B) for each program activity described in subparagraph 
     (A), the amount of funding for the current fiscal year and 
     previous 2 fiscal years;
       ``(C) an estimate of the amount of funding for the 
     program;'';
       (E) in subparagraph (D), as so redesignated, by striking 
     ``and'' at the end; and
       (F) by adding at the end the following:
       ``(E) an identification of the statutes that authorize the 
     program and any major regulations specific to the program;
       ``(F) for any program that provides grants or other 
     financial assistance to individuals or entities, for the most 
     recent fiscal year--
       ``(i) a description of the individuals served by the 
     program and beneficiaries who received financial assistance 
     under the program, including an estimate of the number of 
     individuals and beneficiaries, to the extent practicable;
       ``(ii) for each program for which the head of an agency 
     determines it is not practicable to provide an estimate of 
     the number of individuals and beneficiaries served by the 
     program--

       ``(I) an explanation of why data regarding the number of 
     such individuals and beneficiaries cannot be provided; and
       ``(II) a discussion of the measures that could be taken to 
     gather the data required to provide such an estimate; and

       ``(iii) a description of--

       ``(I) the Federal employees who administer the program, 
     including the number of full-time equivalents with a pro rata 
     estimate for full-time equivalents associated with multiple 
     programs; and
       ``(II) other individuals whose salary is paid in part or 
     full by the Federal Government through a grant, contract, 
     cooperative agreement, or another form of financial award or 
     assistance who administer or assist in any way in 
     administering the program, including the number of full-time 
     equivalents, to the extent practicable;

       ``(G) links to any evaluation, assessment, or program 
     performance reviews by the agency, an Inspector General, or 
     the Government Accountability Office (including program 
     performance reports required under section 1116) released 
     during the preceding 5 years; and
       ``(H) to the extent practicable, financial and other 
     information for each program activity required to be reported 
     under the Federal Funding Accountability and Transparency Act 
     of 2006 (31 U.S.C. 6101 note).''; and
       (5) by adding at the end the following:
       ``(4) Information for smaller programs.--Information for 
     each program identified in the program inventory required 
     under paragraph (2) for which there is more than $1,000,000 
     and not more than $10,000,000 in annual budget authority 
     shall, at a minimum, include--
       ``(A) an identification of the program activities that are 
     aggregated, disaggregated, or consolidated as part of 
     identifying programs;
       ``(B) for each program activity described in subparagraph 
     (A), the amount of funding for the current fiscal year and 
     previous 2 fiscal years;
       ``(C) an identification of the statutes that authorize the 
     program and any major regulations specific to the program;
       ``(D) for any program that provides grants or other 
     financial assistance to individuals or entities, a 
     description of the individuals served by the program and 
     beneficiaries who received financial assistance under the 
     program for the most recent fiscal year; and
       ``(E) links to any evaluation, assessment, or program 
     performance reviews by the agency, an Inspector General, or 
     the Government Accountability Office (including program 
     performance reports required under section 1116) released 
     during the preceding 5 years.
       ``(5) Archiving.--After the end of each fiscal year, the 
     Director of the Office of Management and Budget shall archive 
     and preserve the information included in the program 
     inventory required under paragraph (2) relating to that 
     fiscal year.''.

[[Page H64]]

       (b) Expired Grant Funding.--Not later than February 1 of 
     each fiscal year, the Director of the Office of Management 
     and Budget shall publish on a public website the total amount 
     of undisbursed grant funding remaining in grant accounts for 
     which the period of availability to the grantee has expired.

     SEC. 3. GUIDANCE AND IMPLEMENTATION.

       (a) Guidance.--Not later than June 30, 2018, the Director 
     of the Office of Management and Budget--
       (1) shall prescribe guidance to implement this Act, and the 
     amendments made by this Act;
       (2) shall issue guidance to agencies to identify how the 
     program activities used for reporting under the Federal 
     Funding Accountability and Transparency Act of 2006 (31 
     U.S.C. 6101 note) are associated with programs identified in 
     the program inventory required under section 1122(a)(2)(C)(i) 
     of title 31, United States Code, as amended by subsection 
     (a);
       (3) may issue guidance to agencies to ensure that the 
     programs identified in the program inventory required under 
     section 1122(a)(2)(C)(i) of title 31, United States Code, as 
     amended by subsection (a), are presented at a similar level 
     of detail across agencies and are not duplicative or 
     overlapping; and
       (4) may, based on an analysis of the costs of 
     implementation, and after submitting to Congress a 
     notification of the action by the Director--
       (A) exempt from the requirements under section 1122(a) of 
     title 31, United States Code, an agency that--
       (i) is not listed in section 901(b) of title 31, United 
     States Code; and
       (ii) for the fiscal year during which the exemption is 
     made, has budget authority (as defined in section 3 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 622)) of not more 
     than $10,000,000; and
       (B) extend the implementation deadline under subsection (b) 
     by not more than 1 year.
       (b) Implementation.--This Act, and the amendments made by 
     this Act, shall be implemented not later than June 30, 2019.

     SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to carry out the 
     requirements of this Act and the amendments made by this Act. 
     Such requirements shall be carried out using amounts 
     otherwise authorized.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Chaffetz) and the gentleman from Missouri (Mr. Clay) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CHAFFETZ. Mr. Speaker, this is a very good bill brought to us by 
lead sponsor Mr. Walberg of Michigan who has done considerable work on 
this not only at this point, but in Congresses of the past. We have 
cosponsorship from a number of people on both sides of the aisle--five 
members within the Oversight and Government Reform Committee.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Michigan (Mr. Walberg).
  Mr. WALBERG. Mr. Speaker, I thank the chairman for his leadership on 
this.
  Mr. Speaker, I rise today in support of the Taxpayers Right-To-Know 
Act.
  This bill is a bipartisan and bicameral effort to provide more 
information about Federal programs and their activities online. The 
American people deserve to know what their government does with their 
hard-earned dollars. The Taxpayers Right-To-Know Act will make it 
easier to evaluate Federal Government spending by requiring Federal 
agencies to identify their programs, provide basic information like 
what their programs do, how they perform, and how much they cost. 
Agencies must do a better job of managing their programs and 
identifying areas where taxpayer dollars are wasted.
  The Government Accountability Office is tasked with reporting on 
duplication and continues to find new areas of duplication across the 
government. In 6 years, GAO has identified 250 areas and 637 corrective 
actions in those areas to reduce fragmentation, overlap, or duplication 
or address other opportunities for financial benefits. While only 41 
percent of recommended corrective actions have been taken, GAO 
estimates this progress will result in approximately $125 billion in 
financial benefits and savings over 15 years.
  While GAO's work has been invaluable, their ability to look 
comprehensively at the Federal Government is inherently limited because 
of the poor reporting by agencies about their activity. Quite simply, 
Mr. Speaker, without better data, billions more will be lost.
  Current law, specifically the Government Performance and Results 
Modernization Act, requires agencies to report all their programs, 
their funding, and their performance information to the Office of 
Management and Budget. However, OMB's current inventory is incomplete 
and provides inconsistent information. This makes it more difficult and 
time consuming to identify areas of waste and inefficiency.
  The Taxpayers Right-To-Know Act establishes an across-the-board 
definition for ``program'' and requires the publication of detailed 
information on each Federal program. This change will allow American 
taxpayers and Federal watchdogs to better evaluate the effectiveness 
and utility of government programs.
  The Taxpayers Right-To-Know Act, Mr. Speaker, is an important and 
necessary step forward for the government in providing programs that 
are accountable, effective, and efficient.
  Mr. Speaker, I thank Senator Lankford for his work on the Senate 
companion bill in the last Congress, which will be reintroduced in 
future weeks. I also thank Representative Cooper of Tennessee for his 
continued bipartisan support and cosponsorship on this issue.
  I urge my colleagues to support this legislation.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  The Taxpayers Right-To-Know Act builds upon two existing laws that 
came through the Oversight and Government Reform Committee: the 
Government Performance and Results Modernization Act of 2010 and the 
DATA Act, which was signed into law in 2014.

                              {time}  1245

  The Obama administration launched the performance.gov Web site to 
implement the GPRA Modernization Act, and this bill would enhance the 
information available through that Web site.
  The bill would require the Office of Management and Budget to make 
available on a central Web site an inventory of all Federal agency 
programs that have a budget authority of more than $1 million.
  I thank Representative Walberg for making changes to help address 
those concerns in the version of the bill before us today. It is 
important that we continue to work together to ensure the bill will 
work as intended.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Pennsylvania (Mr. Costello).
  Mr. COSTELLO of Pennsylvania. Mr. Speaker, it is important the 
Federal Government convey to taxpayers how it is spending their hard-
earned money. That is why I rise in support of H.R. 71, the Taxpayers 
Right-To-Know Act.
  For Federal programs authorized to spend over $1 million, this 
bipartisan bill would make more information available and accessible 
online so that taxpayers may see where their money is being spent and 
how the program is performing. For each Federal program meeting these 
requirements, the government would need to make public several key 
pieces of information that are of interest to many of my constituents, 
including funding levels for the program, Federal laws that authorize 
the program, regulations related to the program, the results of 
performance reviews that measure the program's effectiveness, and any 
overlap of the program with another Federal program.
  Simply put, this bill would help alleviate waste and prevent taxpayer 
dollars from being spent on unnecessary, ineffective, or duplicative 
programs.
  I thank Congressman Tim Walberg and Congressman Jim Cooper for their 
continued leadership on this legislation.
  Mr. Speaker, this bill did pass the House without any objection in 
the last session, and I would, once again, urge my colleagues to 
support this commonsense bill.

[[Page H65]]

  

  Mr. CLAY. Mr. Speaker, I yield back the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself the balance of my time.
  I am thankful for the good work by Mr. Walberg and Mr. Cooper, who 
also serve on the Oversight and Government Reform Committee. I thank 
Mr. Clay and, certainly, Mr. Cummings.
  In the 114th Congress, this bill was able to pass overwhelmingly in 
the House by a vote of 413-0--with no opposition. It is truly 
bipartisan and bicameral. It is a good bill. I thank Senator James 
Lankford of Oklahoma for his work on the Senate side, and we do hope 
that it will make it swiftly through the Senate.
  The Taxpayers Right-To-Know Act provides the public and Congress with 
increased transparency about Federal programs, including how much they 
cost and any benefits that they provide. It sounds like a good and 
worthy thing to do, and it passed the previous Congress. I urge my 
colleagues to vote in favor of it here in the 115th Congress, and I am 
glad it is one of the first things that we are doing.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and 
pass the bill, H.R. 71.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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