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

Summary

Agencies must put a list of their recurring plans and reports into their budget justification materials. Key terms: "budget justification materials" — the agency’s budget explanation under the Federal Funding Accountability and Transparency Act; "plan or report" — any plan or report sent to Congress by one or more agencies because the law or a congressional report requires or asks for it; "recurring plan or report" — a plan or report sent on a regular basis; "relevant congressional committee" — the committee that must get the recurring plan or report (not including a plan or report sent only to the House or Senate Armed Services Committees). For each recurring plan or report, agencies must say whether it appeared in the most recent Clerk of the House report, include the unique identifier required by section 7243(b)(1)(C)(vii) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 if it applies, and point out any they think are outdated or duplicate. For those, agencies must recommend sunsetting, changing, combining, or sending less often; cite the law or congressional report that requires them; list the relevant committees; and explain why, including any estimate of the agency’s time or cost and the report’s purpose. If other agencies must be consulted, the submitting agency must talk to them and only list a report as outdated or duplicative if all consulted agencies agree. If two or more agencies are required to submit the same report, the OMB Director will decide if it is outdated or duplicative and can recommend action to Congress. Agencies or OMB must also send this information to the Government Publishing Office under section 7244(a) and OMB guidance under section 7244(b). Agencies still must submit any report when the law requires it, and OMB may send Congress bill language to eliminate or merge such reports.

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