[Senate Report 118-91]
[From the U.S. Government Publishing Office]
Calendar No. 194
118th Congress} { Report
SENATE
1st Session } { 118-91
======================================================================
ELIMINATE USELESS REPORTS ACT
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 2073
TO AMEND TITLE 31, UNITED STATES CODE, TO
REQUIRE AGENCIES TO INCLUDE A LIST OF OUTDATED OR
DUPLICATIVE REPORTING REQUIREMENTS IN ANNUAL
BUDGET JUSTIFICATIONS, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 22, 2023.--Ordered to be printed
Filed, under authority of the order of the Senate of July 27, 2023
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2023
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
ALEX PADILLA, California RICK SCOTT, Florida
JON OSSOFF, Georgia JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Lena C. Chang, Director of Governmental Affairs
James Hiebert, Research Assistant
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Megan M. Krynen, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 194
118th Congress} { Report
SENATE
1st Session } { 118-91
======================================================================
ELIMINATE USELESS REPORTS ACT
_______
August 22, 2023.--Ordered to be printed
Filed, under authority of the order of the Senate of July 27, 2023
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2073]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2073) to amend
title 31, United States Code, to require agencies to include a
list of outdated or duplicative reporting requirements in
annual budget justifications, and for other purposes, having
considered the same, reports favorably thereon with an
amendment, in the nature of a substitute, and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis of the Bill, as Reported.............3
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5
I. Purpose and Summary
S. 2073, the Eliminate Useless Reports Act of 2023, would
increase government efficiency by requiring agencies to include
recommendations to sunset, consolidate, reduce in frequency, or
maintain the status quo for congressionally mandated reports in
their respective Congressional Budget Justifications (CBJs).
Congressional committees would need to agree with the
recommendations before they take the legislative steps to
implement them. The bill provides the impetus for agencies and
Congress to have an open dialogue and review existing reporting
requirements.\1\
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\1\On August 3, 2022, the Committee approved S. 4477, the Eliminate
Useless Reports Act of 2022. That bill is substantially similar to S.
2073. Accordingly, this committee report is, in many respects, similar
to the committee report for S. 4477. See S. Rept. 117-264.
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II. Background and Need for the Legislation
The Government Performance and Results Act of 1993 (GPRA)
required most executive agencies to engage in performance
management tasks, including setting goals, measuring results,
and reporting their progress.\2\ To do so, GPRA required that
agencies generate strategic plans, performance plans, and
conduct gap analyses of projects. GPRA included a reporting
framework for agencies to demonstrate progress towards
accomplishment of these goals. The GPRA Modernization Act of
2010 (GPRAMA) carried forward requirements from the 1993 GPRA,
but developed a more efficient and modern system for government
agencies to report their progress.\3\ Although GPRAMA created a
process for agencies to make recommendations regarding
congressional reports, implementation has stalled. A report by
the Congressional Research Service published a few years after
enactment of GPRAMA anticipated implementation difficulties and
shortcomings that have since come to pass, including that
identification and elimination of unnecessary recurring plans
and reports may yield insignificant results for agencies that
fail to submit such plans and reports in the first instance.\4\
The report also noted the continuing need to assess whether
recurring plans and reports are necessary because Congress
continues to legislate new reporting requirements for a variety
of reasons.\5\
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\2\Pub. L. No. 103-62 (1993).
\3\Pub. L. No. 11-352 (2010).
\4\Congressional Research Service, Reexamination of Agency
Reporting Requirements: Annual Process Under GPRA Modernization Act of
2010 (GPRAMA) (R42490) (updated May 29, 2013).
\5\Id. at 3-4, 10.
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The Eliminate Useless Reports Act of 2023 would increase
efficiency by providing a clear and comprehensive mechanism for
agencies to seek committee agreement to sunset or modify
outdated congressional reports. Agencies have traditionally
welcomed the opportunity to assess the universe of their
required reports and to recommend to Congress which reports may
now be unnecessary or superfluous.\6\ The bill preserves
resources by giving agencies the option to recommend reports to
be terminated, consolidated, or reduced in frequency. An agency
may elect not to make recommendations if it determines there is
no redundant or unnecessary reporting, including while a report
is under development. Interested stakeholders will have the
opportunity to comment on agency recommendations regarding the
congressional reports identified by agencies. Agency
recommendations would be included in materials agencies publish
consistent with the Congressional Budget Justification
Transparency Act of 2021, which requires CBJs be made public no
later than two weeks after submission to Congress.\7\
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\6\Id. at 4, 7-10.
\7\Pub. L. No. 117-40 (2021).
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III. Legislative History
Senator Jon Ossoff (D-GA) introduced S. 2073, the Eliminate
Useless Reports Act of 2023, on June 21, 2023 with original
cosponsor Senator James Lankford (R-OK). The bill was referred
to the Senate Committee on Homeland Security and Governmental
Affairs.
The committee considered S. 2073 at a business meeting on
July 26, 2023. At the business meeting, Senator Ossoff offered
a substitute amendment that required the Director of the Office
of Management and Budget (OMB) review and make recommendations
about reports that are required to be produced by two or more
agencies. The Committee adopted the Ossoff substitute amendment
by unanimous consent with Senators Peters, Hassan, Rosen,
Ossoff, Paul, Lankford, and Scott, present. The bill, as
amended by the Ossoff substitute amendment, was ordered
reported favorably by a roll call vote of 8 yeas to 0 nays,
with Senators Peters, Hassan, Sinema, Rosen, Ossoff, Paul,
Lankford, and Scott voting in the affirmative. Senators Carper,
Padilla, Blumenthal, Johnson, Romney, Hawley, and Marshall
voted yea by proxy, for the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section designates the name of the bill as the
``Eliminate Useless Reports Act of 2023.''
Section 2. Sunsets for agency reports
Subsection (a) amends Section 1125 of Title 31, United
States Code, by striking the requirement for agency chief
operating officers to annually compile for the Director of OMB
a list identifying the plans and reports the agency is required
to produce for Congress, as well as identification of annual
reduction targets.
In place of those requirements, a new section 1125,
subsection (a) would define terms ``budget justification
materials,'' ``recurring plan or report,'' and ``relevant
congressional committee.''
Section 1125, subsection (b)(1) requires each agency head
to include in the agency budget justification materials a list
of each recurring plan or report that the agency head deems
outdated or duplicative and a recommendation on whether to
sunset, modify, consolidate, or reduce the frequency of
submission of the recurring plan or report, including a
justification for the recommendation.
Section 1125, subsection (b)(2) requires each agency head
that is required to coordinate or consult with another agency
or entity in submission of a recurring plan or report to
consult with the head of that agency or entity prior to deeming
a recurring plan or report to be outdated or duplicative. In
the event of disagreement, the former agency head cannot deem a
recurring plan or report to be outdated or duplicative.
Section 1125, subsection (b)(3) requires the Director of
OMB to review and make recommendations about reports submitted
by two or more agencies.
Section 1125, subsection (c) describes a process for
disposition of agency recommendations to sunset, modify,
consolidate, or reduce the frequency of submission of the
recurring plan or report, including committee responses to
agency recommendations. This section further stipulates that
nothing in this section relieves the head of an agency from the
requirement of submitting a recurring plan or report; any such
relief would be subject to separate legislation.
Subsection (b) strikes a provision of the statutory
provision describing the requirements for a President's budget
submission that would be rendered redundant by the bill.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 2073 would require federal agencies to list within their
annual budget justification any recurring reports, including
governmentwide and interagency reports, they identify as
outdated or duplicative and to recommend whether to sunset,
modify, consolidate, or reduce the frequency of those reports.
Under current law, the Office of Management and Budget
coordinates an annual review of reports that may be outdated or
duplicative; 53 such reports were so identified within the
President's 2024 budget request. Because activities required
under the bill would be similar to those already occurring
under current law, CBO expects that implementing the bill would
not significantly affect federal spending over the 2023-2028
period. Any spending would be subject to the availability of
appropriated funds.
Enacting S. 2073 could affect direct spending by some
agencies that are allowed to use fees, receipts from the sale
of goods, and other collections to cover operating costs. CBO
estimates that any net changes in direct spending by those
agencies would be negligible because most of them can adjust
amounts collected to reflect changes in operating costs.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by Chad Chirico, Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 31--MONEY AND FINANCE
* * * * * * *
SUBTITLE II--THE BUDGET PROCESS
* * * * * * *
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
* * * * * * *
SEC. 1105. BUDGET CONTENTS AND SUBMISSION TO CONGRESS
(a) * * *
(1) * * *
* * * * * * *
[(39) the list of plans and reports, as provided for
under section 1125, that agencies identified for
elimination or consolidation because the plans and
reports are determined outdated or duplicative of other
required plans and reports.]
* * * * * * *
SEC. 1125. ELIMINATION OF UNNECESSARY AGENCY REPORTING
[(a) Agency Identification of Unnecessary Reports.--
Annually, based on guidance provided by the Director of the
Office of Management and Budget, the Chief Operating Officer at
each agency shall--
[(1) compile a list that identifies all plans and
reports the agency produces for Congress, in accordance
with statutory requirements or as directed in
congressional reports;
[(2) analyze the list compiled under paragraph (1),
identify which plans and reports are outdated or
duplicative of other required plans and reports, and
refine the list to include only the plans and reports
identified to be outdated or duplicative;
[(3) consult with the congressional committees that
receive the plans and reports identified under
paragraph (2) to determine whether those plans and
reports are no longer useful to the committees and
could be eliminated or consolidated with other plans
and reports; and
[(4) provide a total count of plans and reports
compiled under paragraph (1) and the list of outdated
and duplicative reports identified under paragraph (2)
to the Director of the Office of Management and Budget.
[(b) Plans and Reports.--
[(1) First year.--During the first year of
implementation of this section, the list of plans and
reports identified by each agency as outdated or
duplicative shall be not less than 10 percent of all
plans and reports identified under subsection (a)(1).
[(2) Subsequent years.--In each year following the
first year described under paragraph (1), the Director
of the Office of Management and Budget shall determine
the minimum percent of plans and reports to be
identified as outdated or duplicative on each list of
plans and reports.]
(a) Definitions.--In this section:
(1) Budget justification materials.--The term `budget
justification materials' has the meaning given the term
in section 3(b)(2) of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note; Public Law 109-282).
(2) Recurring plan or report.--The term `recurring
plan or report'--
(A) means any plan or report submitted to
Congress by not less than 1 agency on a
recurring basis--
(i) in accordance with Federal law;
or
(ii) at the direction of a
congressional report; and
(B) does not include any plan or report that
is required to be submitted to the Committee on
Armed Services of the Senate.
(3) Relevant congressional committee.--The term
`relevant congressional committee' means a
congressional committee to which a recurring plan or
report is required to be submitted.
(b) Agency Identification of Unnecessary Reports.--
(1) In general.--The head of each agency shall
include in the budget justification materials of the
agency--
(A) subject to paragraph (2), a list of each
recurring plan or report submitted by the
agency that the head of the agency determines
to be outdated or duplicative;
(B) with respect to each recurring plan or
report described in subparagraph (A)--
(i) a recommendation on whether to
sunset, modify, consolidate, or reduce
the frequency of the submission of the
recurring plan or report;
(ii) a citation to each provision of
law or directive in a congressional
report that requires or requests the
submission of the recurring plan or
report; and
(iii) a list of the relevant
congressional committees for the
recurring plan or report; and
(C) a justification explaining, with respect
to each recommendation described in
subparagraph (B)(i) relating to a recurring
plan or report--
(i) why the head of the agency made
the recommendation, which may include
an estimate of the resources expended
by the agency to prepare and submit the
recurring plan or report; and
(ii) the understanding of the head of
the agency of the purpose of the
recurring plan or report.
(2) Agency consultation.--
(A) In general.--In preparing the list
required under paragraph (1)(A), if, in
submitting a recurring plan or report, an
agency is required to coordinate or consult
with another agency or entity, the head of the
agency submitting the recurring plan or report
shall consult with the head of each agency or
entity with whom consultation or coordination
is required.
(B) Inclusion in list.--If, after a
consultation under subparagraph (A), the head
of each agency or entity consulted under that
subparagraph agrees that a recurring plan or
report is outdated or duplicative, the head of
the agency required to submit the recurring
plan or report shall--
(i) include the recurring plan or
report in the list described in
paragraph (1)(A); and
(ii) identify each agency or entity
with which the head of the agency is
required to coordinate or consult in
submitting the recurring plan or
report.
(C) Disagreement.--If the head of any agency
or entity consulted under subparagraph (A) does
not agree that a recurring plan or report is
outdated or duplicative, the head of the agency
required to submit the recurring plan or report
shall not include the recurring plan or report
in the list described in paragraph (1)(A).
(3) Government-wide or multi-agency plan and report
submissions.--With respect to a recurring plan or
report required to be submitted by not less than 2
agencies, the Director of the Office of Management and
Budget shall--
(A) determine whether the requirement to
submit the recurring plan or report is outdated
or duplicative; and
(B) make recommendations to Congress
accordingly.
(c) Disposition of Recommendations.--
(1) In general.--With respect to a recommendation on a
recurring plan or report included in budget
justification materials by the head of an agency under
subsection (b)(1)(B)(i), the chair and ranking member
of each relevant congressional committee may--
(A) in coordination with any other relevant
congressional committee, as necessary, agree or
disagree with the recommendation or postpone a
decision on the recommendation; and
(B) notify each agency that submits a
recommendation of the disposition of the
recommendation under subparagraph (A).
(2) Legislative steps.--If a relevant congressional
committee agrees with an agency recommendation
submitted under subsection (b)(1)(B)(i), the relevant
congressional committee may take the necessary
legislative steps to accomplish the recommendation,
which may include consulting with the agency that
submits the recurring plan or report that is the
subject of the recommendation to prepare appropriate
legislation.
(3) Agency requirements.--Nothing in this section
shall be construed to relieve the head of an agency
from a requirement to submit a recurring plan or
report.
[(c)] (d) Request for Elimination of Unnecessary Reports.--
In addition to including the list of plans and reports
determined to be outdated or duplicative by each agency [in the
budget of the United States Government, as provided by section
1105(a)(37)] in the budget justification materials of each
agency, the Director of the Office of Management and Budget may
concurrently submit to Congress legislation to eliminate or
consolidate such plans and reports.
* * * * * * *
[all]