[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3890 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3890
To improve intergovernmental cooperation and reduce duplicative
spending, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2022
Mr. Peters (for himself, Mr. Daines, and Ms. Sinema) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve intergovernmental cooperation and reduce duplicative
spending, and for other purposes.
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 ``Improving Intergovernmental
Cooperation and Reducing Duplication Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It remains the policy of the United States Government
to rely on the private sector enterprise system to provide
services reasonably and quickly through ordinary business
channels.
(2) However, over the past half century, the substantial
investment in unique, scalable, purposeful, and well-
functioning government products and services, including those
reliant on the private sector for support, has grown
substantially and contributed to the successful delivery of
important benefits, services, and programs to taxpayers while
reducing waste, fraud, and abuse.
(3) While the United States remains, as it always shall, a
Federal system, when Congress makes sustained and significant
investments in inherently governmental functions, Congress must
seek to ensure that arbitrary restrictions are not in place
that encourage other instances of waste, fraud, and abuse by
allowing government agencies at all levels to create bespoke,
independent systems, studies, and development projects in an
independent and uncoordinated manner.
(4) In respecting the leadership and ingenuity of the
private sector, Congress must not allow agencies at various
levels of government to operate in completely independent
silos, especially when Federal benefits and programs are being
administered at the State, local, territorial, and Tribal
levels, which, in doing so, requires far greater taxpayer
resources to be spent developing and maintaining systems,
programs, projects, and other services that can be better
delivered and managed cooperatively between jurisdictions.
(5) State, local, territorial, and Tribal entities should
have the option, without being coerced or required, to adopt
and use important information, infrastructure, capabilities,
and services from the Federal Government if such offerings are
made to benefit taxpayers and the constituents served by those
offerings.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 102 of title 31, United
States Code.
(3) Territorial government.--The term ``territorial
government'' has the meaning given the term in section 5 of
PROMESA (48 U.S.C. 2104).
(4) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this paragraph
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
SEC. 4. SPECIALIZED OR TECHNICAL SERVICES.
Section 6505 of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``information technology products
and platforms,'' after ``documents,'';
(B) by inserting ``or supporting'' after
``similar''; and
(C) by striking the second sentence;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``State or local'' and inserting ``State,
local, territorial, or Tribal'';
(B) by striking paragraph (1) and inserting the
following:
``(1) a request is made by a representative of the State,
local, territorial or Tribal government; and''; and
(C) in paragraph (2), by striking ``State or
local'' and inserting ``State, local, territorial, or
Tribal'';
(3) by redesignating subsection (d) as subsection (f);
(4) by inserting after subsection (c) the following:
``(d) When providing services prescribed by the President under
this section to a State, local, territorial, or Tribal government, the
head of an executive agency shall take all available necessary and
appropriate steps to increase cooperation and reduce administrative
burden between the State, local, territorial, or Tribal government
requesting the service and the executive agency.''; and
(5) by adding at the end the following:
``(g) In this section--
``(1) the term `territorial government' has the meaning
given the term in section 5 of PROMESA (48 U.S.C. 2104); and
``(2) the term `Tribal government' means the recognized
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this paragraph pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).''.
SEC. 5. STRATEGIC PLAN.
(a) In General.--Not later than 150 days after the date of
enactment of this Act, the Director, in coordination with the Director
of the Office of Intergovernmental Affairs, shall publish a strategic
plan to improve cooperation between and support greater harmonization,
effectiveness, and the reduction of burdens and costs between the
Federal Government and State, local, territorial, and Tribal
governments.
(b) Contents.--The plan required under subsection (a)--
(1) shall include coordination with and input from State,
local, territorial, and Tribal governments and other relevant
stakeholders;
(2) shall include, at a minimum, actions and activities the
Federal Government shall take to strengthen and improve the
delivery of Federal services, benefits, and programs
administered by State and local governments, including specific
actions to increase harmonization between the Federal
Government and State, local, territorial, and Tribal
governments through increased availability and use of
specialized or technical services provided by executive
agencies pursuant to section 6505 of title 31, United States
Code, as amended by section 4 of this Act; and
(3) may include additional elements, data, plans, and
actions, and may be updated from time to time, as the Director
and the Director of the Office of Intergovernmental Affairs
determine necessary.
SEC. 6. OFFICE OF MANAGEMENT AND BUDGET GUIDANCE.
(a) Guidance Required by the Director.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director shall issue guidance
implementing section 6505 of title 31, United States Code, as
amended by section 4 of this Act.
(2) Contents.--The guidance issued under paragraph (1)--
(A) may not preclude any executive agency offering
specialized services pursuant to section 6505 of title
31, United States Code, as amended by section 4 of this
Act, from utilizing employees or hiring employees to
support the development and offering of specialized or
technical services identified by the executive agency
under such section 6505;
(B) shall set requirements for executive agencies
to routinely identify, scope, and, where approved,
provide specialized or technical services to State,
local, territorial, and Tribal governments;
(C) shall ensure that executive agencies are not
unreasonably restricted from offering specialized or
technical services to State, local, territorial, and
Tribal governments, especially when doing so would
improve the efficiency, effectiveness, and successful
delivery of Federal programs or benefits to United
States citizens; and
(D) shall include any other measures identified by
the Director to implement section 6505 of title 31,
United States Code, as amended by section 4 of this
Act.
(b) Rescission of Current Guidance by the Director.--Upon issuance
of the guidance required by subsection (a), the Director shall rescind
Office of Management and Budget Circular A-97, dated August 29, 1969.
SEC. 7. REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every year thereafter, the Director, in coordination
with the Director of the Office of Intergovernmental Affairs, shall
submit to the Committee on Homeland Security and Government Affairs of
the Senate and the Committee on Oversight and Reform of the House of
Representatives a report on actions and activities taken by executive
agencies pursuant to section 6505 of title 31, United States Code, as
amended by section 4 of this Act.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a detailed list of the types of specialized or
technical services provided by each executive agency under
section 6505 of title 31, United States Code, as amended by
section 4 of this Act, including the costs of each service
provided to each State, local, territorial, and Tribal
government;
(2) measures of State, local, territorial, and Tribal
government satisfaction, including an assessment of any such
measures, with the specialized or technical services provided
by executive agencies under such section 6505, including any
cost savings to taxpayers;
(3) in coordination with State, local, territorial, and
Tribal governments, recommendations for the continued
improvement of cooperation between the Federal Government and
State, local, territorial, and Tribal governments, including
legislative recommendations where appropriate, to reduce
unnecessary duplication and costs, improve service delivery,
and strengthen accountability and oversight of Federal
programs, services, and benefits primarily delivered by State,
local, territorial, or Tribal governments; and
(4) other information, assessments, and matters that the
Director and the Director of the Office of Intergovernmental
Affairs may determine necessary.
(c) Format.--The report required under subsection (a) may be
published in a machine readable format on a website chosen by the
Director.
SEC. 8. AUTHORITIES OF THE ADMINISTRATOR OF GENERAL SERVICES.
(a) In General.--Subchapter III of chapter III of subtitle I of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 324. Support for State, local, territorial, and Tribal
governments
``(a) Definitions.--In this section--
``(1) the term `local government' and `State' have the
meanings given those terms in section 6501 of title 31;
``(2) the term `territorial government' has the meaning
given the term in section 5 of PROMESA (48 U.S.C. 2104); and
``(3) the term `Tribal government' means the recognized
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this paragraph pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(b) Authority To Provide Services to State, Local, Territorial,
and Tribal Governments.--In addition to any authorities provided to the
Administrator in this title or any other title of the United States
Code, the Administrator may provide specialized or technical services
described in section 6505 of title 31 on a reimbursable or non-
reimbursable basis to a State, local, territorial, or Tribal
government.
``(c) Use of Funds.--The Administrator is authorized to use monies
deposited into or otherwise made available to funds authorized under
this chapter to provide the services described in subsection (b).
``(d) Use of Authority.--The authorities provided under this
section shall be in addition to any other authorities provided to the
Administrator by law.''.
(b) Technical and Conforming Amendment.--The table of sections for
title 40, United States Code, is amended by inserting after the item
relating to section 323 the following:
``324. Support for State, local, territorial and Tribal governments.''.
<all>