S2073-118

1. Short title This Act may be cited as the Eliminate Useless Reports Act of 2023.

2. Sunsets for agency reports Section 1125 of title 31, United States Code, is amended— by redesignating subsection (c) as subsection (d); by striking subsections (a) and (b) and inserting the following: In this section: 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). The term recurring plan or report— means any plan or report submitted to Congress by not less than 1 agency on a recurring basis— in accordance with Federal law; or at the direction of a congressional report; and does not include any plan or report that is required to be submitted to the Committee on Armed Services of the Senate. The term relevant congressional committee means a congressional committee to which a recurring plan or report is required to be submitted. The head of each agency shall include in the budget justification materials of the agency— 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(2), a list of each recurring plan or report submitted by the agency that the head of the agency determines to be outdated or duplicative; with respect to each recurring plan or report described in subparagraph (A)— a recommendation on whether to sunset, modify, consolidate, or reduce the frequency of the submission of the recurring plan or report; 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 a list of the relevant congressional committees for the recurring plan or report; and a justification explaining, with respect to each recommendation described in subparagraph (B)(i) relating to a recurring plan or report— 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 the understanding of the head of the agency of the purpose of the recurring plan or report. 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. 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— include the recurring plan or report in the list described in paragraph (1)(A); and 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. 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). 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— determine whether the requirement to submit the recurring plan or report is outdated or duplicative; and make recommendations to Congress accordingly. 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— in coordination with any other relevant congressional committee, as necessary, agree or disagree with the recommendation or postpone a decision on the recommendation; and notify each agency that submits a recommendation of the disposition of the recommendation under subparagraph (A). 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. Nothing in this section shall be construed to relieve the head of an agency from a requirement to submit a recurring plan or report. in subsection (d), as so redesignated, by striking in the budget of the United States Government, as provided by section 1105(a)(37) and inserting in the budget justification materials of each agency. Section 1105(a) of title 31, United States Code, is amended by striking paragraph (39). (a)DefinitionsIn this section:(1)Budget justification materialsThe 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 reportThe 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 committeeThe 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 generalThe 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 generalIn 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 listIf, 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)DisagreementIf 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 submissionsWith 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 generalWith 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 stepsIf 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 requirementsNothing in this section shall be construed to relieve the head of an agency from a requirement to submit a recurring plan or report.; and