H.R. 5301 — what changed

changed This Act may be cited as the “Eliminate Useless Reports Act of 2023”.2024”.

“(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).

changed “(2) Recurring plan Plan or report—The term recurring plan or report—report means any plan or report submitted to Congress, any committee of Congress, or subcommittee thereof, by not less than 1 agency—

changed “(A) means any plan or report submitted to Congress by not less than 1 agency on a recurring basis—in accordance with Federal law; or

changed “(i) in accordance with Federal law; or“(B) at the direction or request of a congressional report.

changed “(ii) at the direction of “(3) Recurring plan or report—The term recurring plan or report means a congressional report; andplan or report submitted on a recurring basis.

changed “(B) does not include any plan or report that is required to be submitted to the Committee on Armed Services of the Senate.“(4) Relevant congressional committee—The term relevant congressional committee—

changed “(3) Relevant congressional committee—The term relevant congressional committee “(A) means a congressional committee to which a recurring plan or report is required to be submitted.submitted; and

added “(B) does not include any plan or report that is required to be submitted solely to the Committee on Armed Services of the House of Representatives or the Senate.

“(b) Agency identification of unnecessary reports

removed “(1) In general—The head of each agency shall include in the budget justification materials of the agency—

changed “(A) subject to paragraph (2), a list “(1) In general—The head of each recurring plan or report submitted by the agency that shall include in the head budget justification materials of the agency determines to be outdated or duplicative;the following:

changed “(B) with respect “(A) Subject to each recurring plan or report described in subparagraph (A)—paragraphs (2) and (3), the following:

changed “(i) a recommendation on whether to sunset, modify, consolidate, or reduce the frequency of the submission A list of the each recurring plan or report;report submitted by the agency.

changed “(ii) a citation to each provision An identification of law whether the recurring plan or directive report listed in a congressional clause (i) was included in the most recent report that requires or requests issued by the submission Clerk of the recurring plan House of Representatives concerning the reports that any agency is required by law or report; anddirected or requested by a committee report to make to Congress, any committee of Congress, or subcommittee thereof.

changed “(iii) a list of If applicable, the relevant congressional committees unique alphanumeric identifier for the recurring plan or report; andreport as required by section 7243(b)(1)(C)(vii) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).

changed “(C) a justification explaining, with respect to each recommendation described in subparagraph (B)(i) relating to a “(iv) The identification of any recurring plan or report—report the head of the agency determines to be outdated or duplicative.

added “(B) With respect to each recurring plan or report identified in subparagraph (A)(iv), the following:

added “(i) A recommendation on whether to sunset, modify, consolidate, or reduce the frequency of the submission of the recurring plan or report.

added “(ii) A citation to each provision of law or directive or request in a congressional report that requires or requests the submission of the recurring plan or report.

added “(iii) A list of the relevant congressional committees for the recurring plan or report.

added “(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.

removed “(c) Disposition of recommendations

removed “(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—

removed “(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

removed “(B) notify each agency that submits a recommendation of the disposition of the recommendation under subparagraph (A).

removed “(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.

changed “(3) Agency requirements—Nothing in this section shall be construed “(4) Plan and report submissions conformity to relieve the head of access to congressionally mandated reports act—With respect to an agency from a requirement to submit recommendation, citation, or justification made under subparagraph (B) or (C) of paragraph (1) or a recurring plan recommendation by the Director of the Office of Management and Budget under paragraph (3), the agency or report.”Director, as applicable, shall also provide this information to the Director of the Government Publishing Office in conformity with the agency submission requirements under section 7244(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; chapter 41 of title 44 note) in conformity with guidance issued by the Director of the Office of Management and Budget under section 7244(b) of such Act.

added “(c) Rule of construction on agency requirements—Nothing in this section shall be construed to exempt the head of an agency from a requirement to submit a recurring plan or report.”

added “(a) Submission of electronic copies of reports—Not earlier than 30 days or later than 60 days after the date on which a congressionally mandated report is submitted to either House of Congress or to any committee of Congress or subcommittee thereof, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs (A) through (D) of section 7243(b)(1) with respect to the congressionally mandated report. Notwithstanding section 7246, nothing in this subtitle shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the online portal of the Federal agency or otherwise submit the congressionally mandated report to Congress or specific committees of Congress, or subcommittees thereof.

added “(b) Guidance—Not later than 180 days after the date of the enactment of this subsection and periodically thereafter as appropriate, the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this subtitle as well as the requirements of section 1125(b) of title 31, United States Code.”