[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