§1125 — Title 31 Money and Finance | U.S. Code

Summary

Agency heads must put information about their recurring plans and reports into the agency’s budget justification materials. They must list each recurring plan or report; say if it appeared in the Clerk of the House’s latest list of required reports; include any required alphanumeric identifier; and mark any they believe are outdated or duplicated. For each plan or report they mark, they must recommend whether to end it, change it, combine it with others, or send it less often; give the law or congressional report that requires it; name the congressional committees that get it; and explain why they made the recommendation, including an estimate of the agency resources used and the agency’s view of the report’s purpose. If a report requires coordination with other agencies, the submitting agency must talk with those agencies. If all agree a report is outdated or duplicated, the submitting agency must identify that and name the other agencies. If any disagree, it cannot be listed as outdated or duplicated. If two or more agencies must submit the same report, the Director of OMB will decide and send recommendations to Congress. Agencies must still send any reports required by law. OMB may also send Congress draft bills to remove or merge such reports and must share these agency recommendations with the Government Publishing Office, following the NDAA 2023 rules. Definitions: “budget justification materials” = budget documents agencies submit; “plan or report” = any plan/report sent to Congress by at least one agency under law or at Congress’s direction; “recurring plan or report” = submitted on a regular basis; “relevant congressional committee” = a committee that receives a recurring report (excluding cases where the only recipient is the House or Senate Armed Services Committee).

Title 31, §1125

Money and Finance — Source: USLM XML via OLRC

(a)In this section:

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

(A)in accordance with Federal law; or

(B)at the direction or request of a congressional report.

(3)The term “recurring plan or report” means a plan or report submitted on a recurring basis.

(4)The term “relevant congressional committee”—

(A)means a congressional committee to which a recurring plan or report is required to be submitted; and

(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)(1)The head of each agency shall include in the budget justification materials of the agency the following:

(A)Subject to paragraphs (2) and (3), the following:

(i)A list of each recurring plan or report submitted by the agency.

(ii)An identification of whether the recurring plan or report listed in clause (i) was included in the most recent report issued by the Clerk of the House of Representatives concerning the reports that any agency is required by law or directed or requested by a committee report to make to Congress, any committee of Congress, or subcommittee thereof.

(iii)If applicable, the unique alphanumeric identifier for the recurring plan or report 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).

(iv)The identification of any recurring plan or report the head of the agency determines to be outdated or duplicative.

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

(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 or request in a congressional report that requires or requests the submission of the recurring plan or report.

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

(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)(A)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)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)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)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.

(4)With respect to an agency recommendation, citation, or justification made under subparagraph (B) or (C) of paragraph (1) or a recommendation by the Director of the Office of Management and Budget under paragraph (3), the agency or 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.

(c)Nothing in this section shall be construed to exempt the head of an agency from a requirement to submit a recurring plan or report.

(d)In addition to including the list of plans and reports determined to be outdated or duplicative by each agency 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 7243(b)(1)(C)(vii) and 7244(a), (b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in subsec. (b)(1)(A)(iii), (4), are section 7243(b)(1)(C)(vii) and 7244(a), (b) of Pub. L. 117–263, which are set out in a note preceding section 4101 of Title 44, Public Printing and Documents.

Amendments

2024—Subsecs. (a), (b). Pub. L. 118–172, § 2(a)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to agency identification of unnecessary reports and plans and reports for first year of implementation and subsequent years, respectively. Subsec. (c). Pub. L. 118–172, § 2(a)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 118–172, § 2(a)(3), substituted “in the budget justification materials of each agency” for “in the budget of the United States Government, as provided by section 1105(a)(37)”. Pub. L. 118–172, § 2(a)(1), redesignated subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Updated OMB Guidance Pub. L. 118–172, § 2(c)(2), Dec. 23, 2024, 138 Stat. 2596, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Director of the Office of Management and Budget shall issue updated guidance to agencies to ensure that the requirements under subsections (a) and (b) of section 1125 of title 31, United States Code, as amended by this Act, for agency submissions of recommendations and justifications for plans and reports to sunset, modify, consolidate, or reduce the frequency of the submission of [sic] are also submitted as a separate attachment in conformity with the agency submission requirements of electronic copies of reports submitted by agencies 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, United States Code, note [44 U.S.C. 4101 note prec.]) for publication on the online portal established under section 7243 of such Act.”

§1125 Elimination of unnecessary agency reporting