I would not want to venture too far into recommendations here, because I'm not a policy-maker; I'm not a government official. However, I would look to other pieces of federal legislation for what happens when government agencies fail to follow through on their obligations under the law. In some cases that involves actual legal obligations and penalties, financial or otherwise, for agencies that fail to comply with the law of the land. I won't make any specific recommendations, but maybe other witnesses have some specific ones.
A law that says, “If you fail, that's okay; try again” is really not helping. I would put it in these terms. I give my students assignments in school, and if my first-year students don't turn in an assignment, I don't say, “Oh, that's too bad. Here's another assignment; try doing this one.” If they don't turn it in, there's a consequence. For this law to be meaningful, it has to have a consequence for inactivity.