[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[Senate]
[Pages S7188-S7189]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           IDENTIFYING AND ELIMINATING WASTEFUL PROGRAMS ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 572, S. 2135.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2135) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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--

[[Page S7189]]

       (1) by redesignating clauses (vi) and (vii) as clauses 
     (vii) and (ix), 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, information provided in the annual budget 
     justification materials submitted in conjunction with the 
     budget of the United States Government submitted under 
     section 1105(a) in accordance with section 3(a) 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 the 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 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.

  Mr. SCHUMER. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; that the Hassan substitute 
amendment, which is at the desk, be considered and agreed to; that the 
bill, as amended, be considered read a third time and passed; and that 
the motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 6524) in the nature of a substitute was agreed to 
as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     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.

  The bill (S. 2135) was ordered to be engrossed for a third reading, 
was read the third time, and passed.

                          ____________________