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31 U.S.C. §§ 1115–1122

8 sections in range

§1115. Federal Government and agency performance plans

31 U.S.C. § 1115

(a)
Federal Government Performance Plans.— In carrying out the provisions of section 1105(a)(28), the Director of the Office of Management and Budget shall coordinate with agencies to develop the Federal Government performance plan. In addition to the submission of such plan with each budget of the United States Government, the Director of the Office of Management and Budget shall ensure that all information required by this subsection is concurrently made available on a website described in section 1122 and updated periodically, but no less than annually. The Federal Government performance plan shall—
(1)
establish Federal Government performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year for each of the Federal Government priority goals required under section 1120(a) of this title;
(2)
identify the agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities contributing to each Federal Government performance goal during the current fiscal year;
(3)
for each Federal Government performance goal, identify, as appropriate, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom—
(A)
not less than 1 shall be from the Executive Office of the President; and
(B)
not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);
(4)
establish common Federal Government performance indicators with quarterly targets to be used in measuring or assessing—
(A)
overall progress toward each Federal Government performance goal; and
(B)
the individual contribution of each agency, organization, program activity, regulation, tax expenditure, policy, and other activity identified under paragraph (2);
(5)
establish clearly defined quarterly milestones; and
(6)
identify major management challenges that are Governmentwide or crosscutting in nature and describe plans to address such challenges, including relevant performance goals, performance indicators, and milestones.
(b)
Agency Performance Plans.— Not later than the first Monday in February of each year, the head of each agency shall make available on a public website of the agency, and notify the President and the Congress of its availability, a performance plan covering each program activity set forth in the budget of such agency. Such plan shall—
(1)
establish performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year;
(2)
express such goals in an objective, quantifiable, and measurable form unless authorized to be in an alternative form under subsection (c);
(3)
describe how the performance goals contribute to—
(A)
the general goals and objectives established in the agency’s strategic plan required by section 306(a)(2) of title 5; and
(B)
any of the Federal Government performance goals established in the Federal Government performance plan required by subsection (a)(1);
(4)
identify among the performance goals those which are designated as agency priority goals as required by section 1120(b) of this title, if applicable;
(5)
provide a description of how the performance goals are to be achieved, including—
(A)
the human capital, training, data and evidence, information technology, and skill sets required to meet the performance goals;
(B)
the technology modernization investments, system upgrades, staff technology skills and expertise, stakeholder input and feedback, and other resources and strategies needed and required to meet the performance goals;
(C)
clearly defined milestones;
(D)
an identification of the organizations, program activities, regulations, policies, operational processes, and other activities that contribute to each performance goal, both within and external to the agency;
(E)
a description of how the agency is working with other agencies and the organizations identified in subparagraph (D) to measure and achieve its performance goals as well as relevant Federal Government performance goals; and
(F)
an identification of the agency officials responsible for the achievement of each performance goal, who shall be known as goal leaders;
(6)
establish a balanced set of performance indicators to be used in measuring or assessing progress toward each performance goal, including, as appropriate, customer service, efficiency, output, and outcome indicators;
(7)
provide a basis for comparing actual program results with the established performance goals;
(8)
a description of how the agency will ensure the accuracy and reliability of the data used to measure progress towards its performance goals, including an identification of—
(A)
the means to be used to verify and validate measured values;
(B)
the sources for the data;
(C)
the level of accuracy required for the intended use of the data;
(D)
any limitations to the data at the required level of accuracy; and
(E)
how the agency will compensate for such limitations if needed to reach the required level of accuracy;
(9)
describe major management challenges the agency faces and identify—
(A)
planned actions to address such challenges;
(B)
performance goals, performance indicators, and milestones to measure progress toward resolving such challenges; and
(C)
the agency official responsible for resolving such challenges; and
(10)
identify low-priority program activities based on an analysis of their contribution to the mission and goals of the agency and include an evidence-based justification for designating a program activity as low priority.
(c)
Alternative Form.— If an agency, in consultation with the Director of the Office of Management and Budget, determines that it is not feasible to express the performance goals for a particular program activity in an objective, quantifiable, and measurable form, the Director of the Office of Management and Budget may authorize an alternative form. Such alternative form shall—
(1)
include separate descriptive statements of—
(A)
(i)
a minimally effective program; and
(ii)
a successful program; or
(B)
such alternative as authorized by the Director of the Office of Management and Budget, with sufficient precision and in such terms that would allow for an accurate, independent determination of whether the program activity’s performance meets the criteria of the description; or
(2)
state why it is infeasible or impractical to express a performance goal in any form for the program activity.
(d)
Treatment of Program Activities.— For the purpose of complying with this section, an agency may aggregate, disaggregate, or consolidate program activities, except that any aggregation or consolidation may not omit or minimize the significance of any program activity constituting a major function or operation for the agency.
(e)
Appendix.— An agency may submit with an annual performance plan an appendix covering any portion of the plan that—
(1)
is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; and
(2)
is properly classified pursuant to such Executive order.
(f)
Inherently Governmental Functions.— The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of performance plans under this section shall be performed only by Federal employees.
(g)
Preparation of Performance Plan.— The Performance Improvement Officer of each agency (or the functional equivalent) shall collaborate with the Chief Human Capital Officer (or the functional equivalent), the Chief Information Officer (or the functional equivalent), the Chief Data Officer (or the functional equivalent), and the Chief Financial Officer (or the functional equivalent) of that agency to prepare that portion of the annual performance plan described under subsection (b)(5) for that agency.
(h)
Definitions.— For purposes of this section and sections 1116 through 1125, and sections 9703 and 9704, the term—
(1)
agency” has the same meaning as such term is defined under section 306(f) of title 5;
(2)
“crosscutting” means across organizational (such as agency) boundaries;
(3)
“customer service measure” means an assessment of service delivery to a customer, client, citizen, or other recipient, which can include an assessment of quality, timeliness, and satisfaction among other factors;
(4)
“efficiency measure” means a ratio of a program activity’s inputs (such as costs or hours worked by employees) to its outputs (amount of products or services delivered) or outcomes (the desired results of a program);
(5)
“major management challenge” means programs or management functions, within or across agencies, that have greater vulnerability to waste, fraud, abuse, and mismanagement (such as issues identified by the Government Accountability Office as high risk or issues identified by an Inspector General) where a failure to perform well could seriously affect the ability of an agency or the Government to achieve its mission or goals;
(6)
“milestone” means a scheduled event signifying the completion of a major deliverable or a set of related deliverables or a phase of work;
(7)
“outcome measure” means an assessment of the results of a program activity compared to its intended purpose;
(8)
“output measure” means the tabulation, calculation, or recording of activity or effort that can be expressed in a quantitative or qualitative manner;
(9)
“performance goal” means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate;
(10)
“performance indicator” means a particular value or characteristic used to measure output or outcome;
(11)
“program activity” means a specific activity or project as listed in the program and financing schedules of the annual budget of the United States Government; and
(12)
“program evaluation” means an assessment, through objective measurement and systematic analysis, of the manner and extent to which Federal programs achieve intended objectives.
Notes, amendments, and revision history

(Added Pub. L. 111–352, § 3, Jan. 4, 2011, 124 Stat. 3867; amended Pub. L. 116–283, div. H, title XCVI, § 9601(c)(2)(A), Jan. 1, 2021, 134 Stat. 4827; Pub. L. 117–263, div. E, title LIII, § 5303(b), Dec. 23, 2022, 136 Stat. 3250; Pub. L. 118–190, § 5, Dec. 23, 2024, 138 Stat. 2656.)

Editorial Notes

Prior Provisions

A prior section 1115, added Pub. L. 103–62, § 4(b), Aug. 3, 1993, 107 Stat. 287; amended Pub. L. 107–296, title XIII, § 1311(a), Nov. 25, 2002, 116 Stat. 2289; Pub. L. 108–136, div. A, title XIV, § 1421(b), Nov. 24, 2003, 117 Stat. 1667, related to performance plans, prior to repeal by Pub. L. 111–352, § 3, Jan. 4, 2011, 124 Stat. 3867.

Amendments

2024—Subsec. (a)(3). Pub. L. 118–190 added par. (3) and struck out former par. (3) which read as follows: “for each Federal Government performance goal, identify a lead Government official who shall be responsible for coordinating the efforts to achieve the goal;”.

2022—Subsec. (b)(5). Pub. L. 117–263, § 5303(b)(1), amended par. (5) generally. Prior to amendment, par. (5) provided standards for a description of how the performance goals were to be achieved.

Subsec. (g). Pub. L. 117–263, § 5303(b)(2), amended subsec. (g) generally. Prior to amendment, subsec. (g) required the Chief Human Capital Officer to prepare the portion of the annual performance plan described under subsec. (b)(5)(A).

2021—Subsec. (a). Pub. L. 116–283 substituted “a website described in” for “the website provided under” in introductory provisions.

Statutory Notes and Related Subsidiaries

Format of Performance Plans and Reports

Pub. L. 111–352, § 10, Jan. 4, 2011, 124 Stat. 3880, as amended by Pub. L. 116–283, div. H, title XCVI, § 9601(c)(2)(B), Jan. 1, 2021, 134 Stat. 4827, provided that: Searchable, Machine-readable Plans and Reports.—For fiscal year 2012 and each fiscal year thereafter, each agency required to produce strategic plans, performance plans, and performance updates in accordance with the amendments made by this Act [see Short Title of 2011 Amendment note set out under section 1101 of this title] shall— not incur expenses for the printing of strategic plans, performance plans, and performance reports for release external to the agency, except when providing such documents to the Congress; produce such plans and reports in searchable, machine-readable formats; and make such plans and reports available on a website described in section 1122 of title 31, United States Code.Web-based Performance Planning and Reporting.— In general.—Not later than June 1, 2012, the Director of the Office of Management and Budget shall issue guidance to agencies to provide concise and timely performance information for publication on a website described in section 1122 of title 31, United States Code, including, at a minimum, all requirements of sections 1115 and 1116 of title 31, United States Code, except for section 1115(e). High-priority goals.—For agencies required to develop agency priority goals under section 1120(b) of title 31, United States Code, the performance information required under this section shall be merged with the existing information required under section 1122 of title 31, United States Code. Considerations.—In developing guidance under this subsection, the Director of the Office of Management and Budget shall take into consideration the experiences of agencies in making consolidated performance planning and reporting information available on a website described in section 1122 of title 31, United States Code.”

Implementation of Pub. L. 111–352

Pub. L. 111–352, § 14, Jan. 4, 2011, 124 Stat. 3883, provided that:Interim Planning and Reporting.— In general.—The Director of the Office of Management and Budget shall coordinate with agencies to develop interim Federal Government priority goals and submit interim Federal Government performance plans consistent with the requirements of this Act [see Short Title of 2011 Amendment note set out under section 1101 of this title] beginning with the submission of the fiscal year 2013 Budget of the United States Government. Requirements.—Each agency shall— not later than February 6, 2012, make adjustments to its strategic plan to make the plan consistent with the requirements of this Act; prepare and submit performance plans consistent with the requirements of this Act, including the identification of agency priority goals, beginning with the performance plan for fiscal year 2013; and make performance reporting updates consistent with the requirements of this Act beginning in fiscal year 2012. Quarterly reviews.—The quarterly priority progress reviews required under this Act shall begin— with the first full quarter beginning on or after the date of enactment of this Act [Jan. 4, 2011] for agencies based on the agency priority goals contained in the Analytical Perspectives volume of the Fiscal Year 2011 Budget of the United States Government; and with the quarter ending June 30, 2012 for the interim Federal Government priority goals. Guidance.—The Director of the Office of Management and Budget shall prepare guidance for agencies in carrying out the interim planning and reporting activities required under subsection (a), in addition to other guidance as required for implementation of this Act.”

Congressional Oversight and Legislation

Pub. L. 111–352, § 15, Jan. 4, 2011, 124 Stat. 3883, provided that: In General.—Nothing in this Act [see Short Title of 2011 Amendment note set out under section 1101 of this title] shall be construed as limiting the ability of Congress to establish, amend, suspend, or annul a goal of the Federal Government or an agency.GAO Reviews.— Interim planning and reporting evaluation.—Not later than June 30, 2013, the Comptroller General shall submit a report to Congress that includes— an evaluation of the implementation of the interim planning and reporting activities conducted under section 14 of this Act [set out as a note above]; and any recommendations for improving implementation of this Act as determined appropriate.Implementation evaluations.— In general.—The Comptroller General shall evaluate the implementation of this Act subsequent to the interim planning and reporting activities evaluated in the report submitted to Congress under paragraph (1).Agency implementation.— Evaluations.—The Comptroller General shall evaluate how implementation of this Act is affecting performance management at the agencies described in section 901(b) of title 31, United States Code, including whether performance management is being used by those agencies to improve the efficiency and effectiveness of agency programs. Reports.—The Comptroller General shall submit to Congress— an initial report on the evaluation under clause (i), not later than September 30, 2015; and a subsequent report on the evaluation under clause (i), not later than September 30, 2017.Federal government planning and reporting implementation.— Evaluations.—The Comptroller General shall evaluate the implementation of the Federal Government priority goals, Federal Government performance plans and related reporting required by this Act. Reports.—The Comptroller General shall submit to Congress— an initial report on the evaluation under clause (i), not later than September 30, 2015; and subsequent reports on the evaluation under clause (i), not later than September 30, 2017 and every 4 years thereafter. Recommendations.—The Comptroller General shall include in the reports required by subparagraphs (B) and (C) any recommendations for improving implementation of this Act and for streamlining the planning and reporting requirements of the Government Performance and Results Act of 1993 [Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285; see Short Title of 1993 Amendment note set out under section 1101 of this title].”

Strategic Planning and Performance Measurement Training

Pub. L. 103–62, § 9, Aug. 3, 1993, 107 Stat. 295, provided that: “The Office of Personnel Management shall, in consultation with the Director of the Office of Management and Budget and the Comptroller General of the United States, develop a strategic planning and performance measurement training component for its management training program and otherwise provide managers with an orientation on the development and use of strategic planning and program performance measurement.”

Executive Documents

Ex. Ord. No. 13450. Improving Government Program Performance

Ex. Ord. No. 13450, Nov. 13, 2007, 72 F.R. 64519, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 305 and 306 of title 5, sections 1115, 1116, and 9703 of title 31, and chapter 28 of title 39, United States Code, and to improve the effectiveness and efficiency of the Federal Government and promote greater accountability of that Government to the American people, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the Federal Government to spend taxpayer dollars effectively, and more effectively each year. Agencies shall apply taxpayer resources efficiently in a manner that maximizes the effectiveness of Government programs in serving the American people.

Sec. 2. Definitions. As used in this order:

(a) “agency” means:

(i) an executive agency as defined in section 105 of title 5, United States Code, other than the Government Accountability Office; and

(ii) the United States Postal Service and the Postal Regulatory Commission;

(b) “agency Performance Improvement Officer” means an employee of an agency who is a member of the Senior Executive Service or equivalent service, and who is designated by the head of the agency to carry out the duties set forth in section 5 of this order.

Sec. 3. Duties of Heads of Agencies. To assist in implementing the policy set forth in section 1 of this order, the head of each agency shall, with respect to each program administered in whole or in part by the agency:

(a) approve for implementation:

(i) clear annual and long-term goals defined by objectively measurable outcomes; and

(ii) specific plans for achieving the goals, including:

(A) assignments to specified agency personnel of:

(1) the duties necessary to achieve the goals; and

(2) the authority and resources necessary to fulfill such duties;

(B) means to measure:

(1) progress toward achievement of the goals; and

(2) efficiency in use of resources in making that progress; and

(C) mechanisms for ensuring continuous accountability of the specified agency personnel to the head of the agency for achievement of the goals and efficiency in use of resources in achievement of the goals;

(b) assist the President, through the Director of the Office of Management and Budget (Director), in making recommendations to the Congress, including budget and appropriations recommendations, that are justified based on objective performance information and accurate estimates of the full costs of achieving the annual and long-term goals approved under subsection (a)(i) of this section; and

(c) ensure that agency Internet websites available to the public include regularly updated and accurate information on the performance of the agency and its programs, in a readily useable and searchable form, that sets forth the successes, shortfalls, and challenges of each program and describes the agency’s efforts to improve the performance of the program.

Sec. 4. Additional Duties of the Director of the Office of Management and Budget. (a) To assist in implementing the policy set forth in section 1 of this order, the Director shall issue instructions to the heads of agencies concerning:

(i) the contents, and schedule for approval, of the goals and plans required by section 3 of this order; and

(ii) the availability to the public in readily accessible and comprehensible form on the agency’s Internet website (or in the Federal Register for any agency that does not have such a website), of the information approved by the head of each agency under section 3 of this order and other information relating to agency performance.

(b) Instructions issued under subsection (a) of this section shall facilitate compliance with applicable law, presidential guidance, and Office of Management and Budget circulars and shall be designed to minimize duplication of effort and to assist in maximizing the efficiency and effectiveness of agencies and their programs.

Sec. 5. Duties of Agency Performance Improvement Officers. Subject to the direction of the head of the agency, each agency Performance Improvement Officer shall:

(a) supervise the performance management activities of the agency, including:

(i) development of the goals, specific plans, and estimates for which section 3 of this order provides; and

(ii) development of the agency’s strategic plans, annual performance plans, and annual performance reports as required by law;

(b) advise the head of the agency, with respect to a program administered in whole or in part by the agency, whether:

(i) goals proposed for the approval of the head of the agency under section 3(a)(i) of this order are:

(A) sufficiently aggressive toward full achievement of the purposes of the program; and

(B) realistic in light of authority and resources assigned to the specified agency personnel referred to in section 3(a)(ii)(A) of this order with respect to that program; and

(ii) means for measurement of progress toward achievement of the goals are sufficiently rigorous and accurate;

(c) convene the specified agency personnel referred to in section 3(a)(ii)(A) of this order, or appropriate subgroups thereof, regularly throughout each year to:

(i) assess performance of each program administered in whole or in part by the agency; and

(ii) consider means to improve the performance and efficiency of such program;

(d) assist the head of the agency in the development and use within the agency of performance measures in personnel performance appraisals, and, as appropriate, other agency personnel and planning processes; and

(e) report to the head of the agency on the implementation within the agency of the policy set forth in section 1 of this order.

Sec. 6. Establishment and Operation of Performance Improvement Council. (a) The Director shall establish, within the Office of Management and Budget for administrative purposes only, a Performance Improvement Council (Council), consistent with this order.

(b) The Council shall consist exclusively of:

(i) the Deputy Director for Management of the Office of Management and Budget, who shall serve as Chair;

(ii) such agency Performance Improvement Officers, as determined by the Chair; and

(iii) such other full-time or permanent part-time employees of an agency, as determined by the Chair with the concurrence of the head of the agency concerned.

(c) The Chair or the Chair’s designee, in implementing subsection (d) of this section, shall convene and preside at the meetings of the Council, determine its agenda, direct its work, and establish and direct subgroups of the Council, as appropriate to deal with particular subject matters, that shall consist exclusively of members of the Council.

(d) To assist in implementing the policy set forth in section 1 of this order, the Council shall:

(i) develop and submit to the Director, or when appropriate to the President through the Director, at times and in such formats as the Chair may specify, recommendations concerning:

(A) performance management policies and requirements; and

(B) criteria for evaluation of program performance;

(ii) facilitate the exchange among agencies of information on performance management, including strategic and annual planning and reporting, to accelerate improvements in program performance;

(iii) coordinate and monitor a continuous review by heads of agencies of the performance and management of all Federal programs that assesses the clarity of purpose, quality of strategic and performance planning and goals, management excellence, and results achieved for each agency’s programs, with the results of these assessments and the evidence on which they are based made available to the public on or through the Internet website referred to in subsection (d)(iv);

(iv) to facilitate keeping the public informed, and with such assistance of heads of agencies as the Director may require, develop an Internet website that provides the public with information on how well each agency performs and that serves as a comprehensive source of information on:

(A) current program performance; and

(B) the status of program performance plans and agency Performance and Accountability Reports; and

(C) consistent with the direction of the head of the agency concerned after consultation with the Director, any publicly available reports by the agency’s Inspector General concerning agency program performance;

(v) monitor implementation by agencies of the policy set forth in section 1 of this order and report thereon from time to time as appropriate to the Director, or when appropriate to the President through the Director, at such times and in such formats as the Chair may specify, together with any recommendations of the Council for more effective implementation of such policy;

(vi) at the request of the head of an agency, unless the Chair declines the request, promptly review and provide advice on a proposed action by that agency to implement the policy set forth in section 1 of this order; and

(vii) obtain information and advice, as appropriate, in a manner that seeks individual advice and does not involve collective judgment or consensus advice or deliberation, from:

(A) State, local, territorial, and tribal officials; and

(B) representatives of entities or other individuals.

(e)(i) To the extent permitted by law, the Office of Management and Budget shall provide the funding and administrative support the Council needs, as determined by the Director, to implement this section; and

(ii) the heads of agencies shall provide, as appropriate and to the extent permitted by law, such information and assistance as the Chair may request to implement this section.

Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to an agency or the head thereof; or

(ii) functions of the Director relating to budget, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law (including laws and executive orders relating to the protection of information from disclosure) and subject to the availability of appropriations.

(c) In implementing this order, the Director of National Intelligence shall perform the functions assigned to the Director of National Intelligence by the National Security Act of 1947, as amended ([former] 50 U.S.C. 401 et seq.) [now 50 U.S.C. 3001 et seq.], consistent with section 1018 of the Intelligence Reform and Terrorism Prevention Act (Public Law 108–458), and other applicable laws.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, or entities, its officers, employees, or agents, or any other person.

§1116. Agency performance reporting

31 U.S.C. § 1116

(a)
The head of each agency shall make available on a public website of the agency and to the Office of Management and Budget an update on agency performance.
(b)
(1)
Each update shall compare actual performance achieved with the performance goals established in the agency performance plan under section 1115(b) and shall occur not later than 150 days after the end of each fiscal year, with more frequent updates of actual performance on indicators that provide data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden.
(2)
If performance goals are specified in an alternative form under section 1115(c), the results shall be described in relation to such specifications, including whether the performance failed to meet the criteria of a minimally effective or successful program.
(c)
Each update shall—
(1)
review the success of achieving the performance goals and include actual results for the 5 preceding fiscal years;
(2)
evaluate the performance plan for the current fiscal year relative to the performance achieved toward the performance goals during the period covered by the update;
(3)
explain and describe where a performance goal has not been met (including when a program activity’s performance is determined not to have met the criteria of a successful program activity under section 1115(c)(1)(A)(ii) or a corresponding level of achievement if another alternative form is used)—
(A)
why the goal was not met;
(B)
those plans and schedules for achieving the established performance goal; and
(C)
if the performance goal is impractical or infeasible, why that is the case and what action is recommended;
(4)
describe the use and assess the effectiveness in achieving performance goals of any waiver under section 9703 of this title;
(5)
include a review of the performance goals and evaluation of the performance plan relative to the agency’s strategic human capital management;
(6)
describe how the agency ensures the accuracy and reliability of the data used to measure progress towards its performance goals, including an identification of—
(A)
the means used to verify and validate measured values;
(B)
the sources for the data;
(C)
the level of accuracy required for the intended use of the data;
(D)
any limitations to the data at the required level of accuracy; and
(E)
how the agency has compensated for such limitations if needed to reach the required level of accuracy;
(7)
include the summary findings of those program evaluations completed during the period covered by the update; and
(8)
include a summary of the findings of the review of the agency under section 1121(c).
(d)
If an agency performance update includes any program activity or information that is specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such Executive Order, the head of the agency shall make such information available in the classified appendix provided under section 1115(e).
(e)
The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of agency performance updates under this section shall be performed only by Federal employees.
Notes, amendments, and revision history

(Added Pub. L. 111–352, § 4, Jan. 4, 2011, 124 Stat. 3871; amended Pub. L. 118–190, §§ 2(b), 7(b), Dec. 23, 2024, 138 Stat. 2654, 2656.)

Editorial Notes

Prior Provisions

A prior section 1116, added Pub. L. 103–62, § 4(b), Aug. 3, 1993, 107 Stat. 288; amended Pub. L. 106–531, § 5(a)(1), (b), Nov. 22, 2000, 114 Stat. 2539; Pub. L. 107–296, title XIII, § 1311(b), Nov. 25, 2002, 116 Stat. 2290, related to program performance reports, prior to repeal by Pub. L. 111–352, § 4, Jan. 4, 2011, 124 Stat. 3871.

Amendments

2024—Subsec. (b)(1). Pub. L. 118–190, § 7(b), substituted “shall occur not later than 150 days after” for “shall occur no less than 150 days after”.

Subsec. (c)(8). Pub. L. 118–190, § 2(b)(1), added par. (8).

Subsecs. (f) to (i). Pub. L. 118–190, § 2(b)(2), struck out subsecs. (f) to (i) which related to determination of unmet performance goals and various action plans to address unmet goals after 1, 2, and 3 consecutive fiscal years.

Statutory Notes and Related Subsidiaries

Merit Systems Protection Board

Pub. L. 112–199, title I, § 116(b), Nov. 27, 2012, 126 Stat. 1474, provided that: In general.—Each report submitted annually by the Merit Systems Protection Board under section 1116 of title 31, United States Code, shall, with respect to the period covered by such report, include as an addendum the following: Information relating to the outcome of cases decided by the Merit Systems Protection Board during the period covered by such report in which violations of section 2302(b)(8) or (9)(A)(i), (B)(i), (C), or (D) of title 5, United States Code, were alleged. The number of such cases filed in the regional and field offices, and the number of petitions for review filed in such cases, during the period covered by such report, and the outcomes of any such cases or petitions for review (irrespective of when filed) decided during such period. First report.—The first report described under paragraph (1) submitted after the date of enactment of this Act [Nov. 27, 2012] shall include an addendum required under that paragraph that covers the period beginning on the effective date of this Act [see Effective Date of 2012 Amendment note set out under section 1204 of Title 5, Government Organization and Employees] and ending at the end of the fiscal year in which such effective date occurs.”

§1117. Exemption

31 U.S.C. § 1117

The Director of the Office of Management and Budget may exempt from the requirements of sections 1115 and 1116 of this title and section 306 of title 5, any agency with annual outlays of $20,000,000 or less.
Notes, amendments, and revision history

(Added Pub. L. 103–62, § 4(b), Aug. 3, 1993, 107 Stat. 289.)

Statutory Notes and Related Subsidiaries

Construction

No provision or amendment made by Pub. L. 103–62 to be construed as creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person not an officer or employee of the United States acting in such capacity to have standing to file any civil action in any court of the United States to enforce any provision or amendment made by Pub. L. 103–62, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 103–62, set out as a Construction of 1993 Amendment note under section 1101 of this title.

[§1118. Repealed. Pub. L. 118–190, § 6(a), Dec. 23, 2024, 138 Stat. 2656 — repealed]

31 U.S.C. § 1118

Notes, amendments, and revision history

Section 1118, added Pub. L. 103–62, § 6(a), Aug. 3, 1993, 107 Stat. 290, designated agencies as pilot projects in performance measurement for fiscal years 1994, 1995, and 1996.

Section 1119, added Pub. L. 103–62, § 6(c), Aug. 3, 1993, 107 Stat. 291, designated agencies as pilot projects in performance budgeting for fiscal years 1998 and 1999.

[§1119. Repealed. Pub. L. 118–190, § 6(a), Dec. 23, 2024, 138 Stat. 2656 — repealed]

31 U.S.C. § 1119

Notes, amendments, and revision history

Section 1118, added Pub. L. 103–62, § 6(a), Aug. 3, 1993, 107 Stat. 290, designated agencies as pilot projects in performance measurement for fiscal years 1994, 1995, and 1996.

Section 1119, added Pub. L. 103–62, § 6(c), Aug. 3, 1993, 107 Stat. 291, designated agencies as pilot projects in performance budgeting for fiscal years 1998 and 1999.

§1120. Federal Government and agency priority goals

31 U.S.C. § 1120

(a)
Federal Government Priority Goals.—
(1)
The Director of the Office of Management and Budget shall coordinate with agencies to develop priority goals to improve the performance and management of the Federal Government. Such Federal Government priority goals shall include—
(A)
outcome-oriented goals covering a limited number of crosscutting policy areas; and
(B)
goals for management improvements needed across the Federal Government, including—
(i)
financial management;
(ii)
human capital management;
(iii)
information technology management;
(iv)
procurement and acquisition management; and
(v)
real property management;
(2)
The Federal Government priority goals shall be long-term in nature. Such goals shall—
(A)
be updated and revised not less frequently than during the first year of each Presidential term;
(B)
be made publicly available not less frequently than concurrently with the submission of the budget of the United States Government under section 1105(a) made during the first full fiscal year following any year during which a term of the President commences under section 101 of title 3;
(C)
include plans for the successful achievement of each goal within each single Presidential term; and
(D)
explicitly cite to any specific contents of the budget described in subparagraph (B) that support the achievement of each goal. As needed, the Director of the Office of Management and Budget may make adjustments to the Federal Government priority goals to reflect significant changes in the environment in which the Federal Government is operating, with appropriate notification of Congress.
(3)
When developing or making adjustments to Federal Government priority goals, the Director of the Office of Management and Budget shall consult periodically with the Congress, including obtaining majority and minority views from—
(A)
the Committees on Appropriations of the Senate and the House of Representatives;
(B)
the Committees on the Budget of the Senate and the House of Representatives;
(C)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(D)
the Committee on Oversight and Government Reform of the House of Representatives;
(E)
the Committee on Finance of the Senate;
(F)
the Committee on Ways and Means of the House of Representatives; and
(G)
any other committees as determined appropriate;
(4)
The Director of the Office of Management and Budget shall consult with the appropriate committees of Congress at least once every 2 years.
(5)
The Director of the Office of Management and Budget shall make information about the Federal Government priority goals available on a website described in section 1122 of this title.
(6)
The Federal Government performance plan required under section 1115(a) of this title shall be consistent with the Federal Government priority goals.
(b)
Agency Priority Goals.—
(1)
Every 2 years, the head of each agency listed in section 901(b) of this title, or as otherwise determined by the Director of the Office of Management and Budget, shall identify agency priority goals from among the performance goals of the agency. The Director of the Office of Management and Budget shall determine the total number of agency priority goals across the Government, and the number to be developed by each agency. The agency priority goals shall—
(A)
reflect the highest priorities of the agency, as determined by the head of the agency and informed by the Federal Government priority goals provided under subsection (a) and the consultations with Congress and other interested parties required by section 306(d) of title 5;
(B)
have ambitious targets that can be achieved within a 2-year period;
(C)
have a clearly identified agency official, known as a goal leader, who is responsible for the achievement of each agency priority goal;
(D)
have interim quarterly targets for performance indicators if more frequent updates of actual performance provides data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden; and
(E)
have clearly defined quarterly milestones.
(2)
If an agency priority goal includes any program activity or information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such Executive order, the head of the agency shall make such information available in the classified appendix provided under section 1115(e).
(c)
The functions and activities of this section shall be considered to be inherently governmental functions. The development of Federal Government and agency priority goals shall be performed only by Federal employees.
Notes, amendments, and revision history

(Added Pub. L. 111–352, § 5, Jan. 4, 2011, 124 Stat. 3873; amended Pub. L. 116–283, div. H, title XCVI, § 9601(c)(2)(C), Jan. 1, 2021, 134 Stat. 4828; Pub. L. 118–190, § 4, Dec. 23, 2024, 138 Stat. 2655.)

Editorial Notes

Amendments

2024—Subsec. (a)(2). Pub. L. 118–190 substituted “Such goals shall—” and subpars. (A) to (D) for “At a minimum, the Federal Government priority goals shall be updated or revised every 4 years and made publicly available concurrently with the submission of the budget of the United States Government made in the first full fiscal year following any year in which the term of the President commences under section 101 of title 3.”

2021—Subsec. (a)(5). Pub. L. 116–283 substituted “a website described in” for “the website described under”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

§1121. Progress reviews and use of performance information

31 U.S.C. § 1121

(a)
Use of Performance Information To Achieve Federal Government Priority Goals.— Not less than quarterly, the Director of the Office of Management and Budget, with the support of the Performance Improvement Council, shall—
(1)
for each Federal Government priority goal required by section 1120(a) of this title, review with the appropriate lead Government official the progress achieved during the most recent quarter, overall trend data, and the likelihood of meeting the planned level of performance;
(2)
include in such reviews officials from the agencies, organizations, and program activities that contribute to the accomplishment of each Federal Government priority goal;
(3)
assess whether agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned to each Federal Government priority goal;
(4)
categorize the Federal Government priority goals by risk of not achieving the planned level of performance; and
(5)
for the Federal Government priority goals at greatest risk of not meeting the planned level of performance, identify prospects and strategies for performance improvement, including any needed changes to agencies, organizations, program activities, regulations, tax expenditures, policies or other activities.
(b)
Agency Use of Performance Information To Achieve Agency Priority Goals.— Not less than quarterly, at each agency required to develop agency priority goals required by section 1120(b) of this title, the head of the agency and Chief Operating Officer, with the support of the agency Performance Improvement Officer, shall—
(1)
for each agency priority goal, review with the appropriate goal leader the progress achieved during the most recent quarter, overall trend data, and the likelihood of meeting the planned level of performance;
(2)
coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each agency priority goal;
(3)
assess whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned to the agency priority goals;
(4)
categorize agency priority goals by risk of not achieving the planned level of performance; and
(5)
for agency priority goals at greatest risk of not meeting the planned level of performance, identify prospects and strategies for performance improvement, including any needed changes to agency program activities, regulations, policies, or other activities.
(c)
Agency Reviews of Progress Towards Strategic Goals and Objectives.—
(1)
Covered goal defined.— In this subsection, the term “covered goal” means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5.
(2)
Review.— Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency,1 shall—
(A)
for each covered goal, review with the appropriate agency official responsible for the covered goal
(i)
the progress achieved toward the covered goal
(I)
during the most recent fiscal year; or
(II)
from recent sources of evidence available at the time of the review; and
(ii)
the likelihood that the agency will achieve the covered goal;
(B)
coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal;
(C)
assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data;
(D)
identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable;
(E)
assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal;
(F)
as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G);
(G)
identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and
(H)
for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency.
(3)
Support.— In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by—
(A)
the Performance Improvement Officer of the agency;
(B)
as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and
(C)
any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.

Footnotes

  1. 1 So in original.
Notes, amendments, and revision history

(Added Pub. L. 111–352, § 6, Jan. 4, 2011, 124 Stat. 3875; amended Pub. L. 118–190, § 2(a)(1), Dec. 23, 2024, 138 Stat. 2653.)

Editorial Notes

Amendments

2024—Pub. L. 118–190, § 2(a)(1)(A), substituted “Progress reviews and use of performance information” for “Quarterly priority progress reviews and use of performance information” in section catchline.

Subsec. (c). Pub. L. 118–190, § 2(a)(1)(B), added subsec. (c).

§1122. Transparency of programs, priority goals, and results

31 U.S.C. § 1122

(a)
Transparency of Agency Programs.—
(1)
Definitions.— For purposes of this subsection—
(A)
the term “Federal financial assistance” has the meaning given that term under section 7501;
(B)
the term “open Government data asset” has the meaning given that term under section 3502 of title 44;
(C)
the term “program” means a single program activity or an organized set of aggregated, disaggregated, or consolidated program activities by one or more agencies directed toward a common purpose or goal; and
(D)
the term “program activity” has the meaning given that term in section 1115(h).
(2)
Website and program inventory.— The Director of the Office of Management and Budget shall—
(A)
ensure the effective operation of a single website that includes the information required under subsections (b) and (c);
(B)
include on the website described in subparagraph (A), or another appropriate Federal Government website where related information is made available, as determined by the Director—
(i)
a program inventory that shall identify each program; and
(ii)
for each program identified in the program inventory, the information required under paragraph (3);
(C)
make the information required to be included on the single website under subparagraph (A) and the information in the program inventory required under subparagraph (B) available as an open Government data asset;
(D)
at a minimum—
(i)
update the information required to be included on the single website under subparagraph (A) on a quarterly basis; and
(ii)
update the program inventory required under subparagraph (B) on an annual basis; and
(E)
ensure that the website described in subparagraph (A) conforms with the requirements for websites under section 3(a) of the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).
(3)
Information.— Information for each program identified in the program inventory required under paragraph (2)(B) shall include—
(A)
an identification of how the agency defines the term “program”, consistent with guidance provided by the Director of the Office of Management and Budget, including the program activities that are aggregated, disaggregated, or consolidated to be considered a program by the agency;
(B)
a description of the purposes of the program and the contribution of the program to the mission and goals of the agency;
(C)
an identification of funding for the current fiscal year and previous 2 fiscal years and,
(D)
for each program activity that is part of a program
(i)
a description of the purposes of the program activity and the contribution of the program activity to the mission and goals of the agency;
(ii)
a consolidated view for the current fiscal year and each of the 2 fiscal years before the current fiscal year of—
(I)
the amount appropriated;
(II)
the amount obligated; and
(III)
the amount outlayed;
(iii)
to the extent practicable and permitted by law, links to any related evaluation, assessment, or program performance review by the agency, an inspector general, or the Government Accountability Office (including program performance reports required under section 1116), and other related evidence assembled in response to implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435; 132 Stat. 5529);
(iv)
an identification of the statutes that authorize the program activity or the authority under which the program activity was created or operates;
(v)
an identification of any major regulations specific to the program activity;
(vi)
any other information that the Director of the Office of Management and Budget determines relevant relating to program activity data in priority areas most relevant to Congress or the public to increase transparency and accountability; and
(vii)
for each assistance listing under which Federal financial assistance is provided, for the current fiscal year and each of the 2 fiscal years before the current fiscal year and consistent with existing law relating to the protection of personally identifiable information—
(I)
a linkage to the relevant program activities that fund Federal financial assistance by assistance listing;
(II)
information on the population intended to be served by the assistance listing based on the language of the solicitation, as required under section 6102;
(III)
to the extent practicable and based on data reported to the agency providing the Federal financial assistance, the results of the Federal financial assistance awards provided by the assistance listing;
(IV)
to the extent practicable, the percentage of the amount appropriated for the assistance listing that is used for management and administration;
(V)
the identification of each award of Federal financial assistance and, to the extent practicable, the name of each direct or indirect recipient of the award; and
(VI)
any information relating to the award of Federal financial assistance that is required to be included on the website established under section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).
(4)
Archiving.— The Director of the Office of Management and Budget shall—
(A)
archive and preserve—
(i)
the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and
(ii)
the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and
(B)
make information archived in accordance with subparagraph (A) publicly available as an open Government data asset.
(b)
Transparency of Agency Priority Goals and Results.— The head of each agency required to develop agency priority goals shall make information about each agency priority goal available to the Office of Management and Budget for publication on the website described in subsection (a)(2)(A), with the exception of any information covered by section 1120(b)(2) of this title. In addition to an identification of each agency priority goal, the website described in subsection (a)(2)(A) shall also consolidate information about each agency priority goal, including—
(1)
a description of how the agency incorporated any views and suggestions obtained through congressional consultations about the agency priority goal;
(2)
an identification of key factors external to the agency and beyond its control that could significantly affect the achievement of the agency priority goal;
(3)
a description of how each agency priority goal will be achieved, including—
(A)
the strategies and resources required to meet the priority goal;
(B)
clearly defined milestones;
(C)
the organizations, program activities, regulations, policies, and other activities that contribute to each goal, both within and external to the agency;
(D)
how the agency is working with other agencies to achieve the goal; and
(E)
an identification of the agency official responsible for achieving the priority goal;
(4)
the performance indicators to be used in measuring or assessing progress;
(5)
a description of how the agency ensures the accuracy and reliability of the data used to measure progress towards the priority goal, including an identification of—
(A)
the means used to verify and validate measured values;
(B)
the sources for the data;
(C)
the level of accuracy required for the intended use of the data;
(D)
any limitations to the data at the required level of accuracy; and
(E)
how the agency has compensated for such limitations if needed to reach the required level of accuracy;
(6)
the results achieved toward the agency priority goals established under section 1120(b)
(A)
during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and
(B)
at the end of the 2-year agency priority goal period compared to the overall planned level of performance;
(7)
an assessment of whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned;
(8)
an identification of the agency priority goals at risk of not achieving the planned level of performance; and
(9)
any prospects or strategies for performance improvement.
(c)
Transparency of Federal Government Priority Goals and Results.— The Director of the Office of Management and Budget shall also make available on the website described in subsection (a)(2)(A)
(1)
a brief description of each of the Federal Government priority goals required by section 1120(a) of this title;
(2)
a description of how the Federal Government priority goals incorporate views and suggestions obtained through congressional consultations;
(3)
the Federal Government performance goals and performance indicators associated with each Federal Government priority goal as required by section 1115(a) of this title;
(4)
an identification of the lead Government official for each Federal Government performance goal;
(5)
the results achieved toward the priority goals developed under section 1120(a)(1)
(A)
during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and
(B)
at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance;
(6)
an identification of the agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities that contribute to each Federal Government priority goal;
(7)
an assessment of whether relevant agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned;
(8)
an identification of the Federal Government priority goals at risk of not achieving the planned level of performance; and
(9)
any prospects or strategies for performance improvement.
(d)
Information.— The information made available under this section shall be readily accessible and easily found on the Internet by the public and members and committees of Congress. Such information shall also be presented in a searchable, machine-readable format. The Director of the Office of Management and Budget shall issue guidance to ensure that such information is provided in a way that presents a coherent picture of all Federal programs, and the performance of the Federal Government as well as individual agencies.
Notes, amendments, and revision history

(Added Pub. L. 111–352, § 7, Jan. 4, 2011, 124 Stat. 3876; amended Pub. L. 116–283, div. H, title XCVI, § 9601(a), (c)(1), Jan. 1, 2021, 134 Stat. 4823, 4827; Pub. L. 118–190, § 3, Dec. 23, 2024, 138 Stat. 2654.)

Editorial Notes

References in Text

Section 3(a) of the 21st Century Integrated Digital Experience Act, referred to in subsec. (a)(2)(E), is section 3(a) of Pub. L. 115–336, which is set out in a note under section 3501 of Title 44, Public Printing and Documents.

The Foundations for Evidence-Based Policymaking Act of 2018, referred to in subsec. (a)(3)(D)(iii), is Pub. L. 115–435, Jan. 14, 2019, 132 Stat. 5529. For complete classification of this Act to the Code, see Short Title of 2019 Amendment note set out under section 101 of Title 5, Government Organization and Employees, and Tables.

Section 2(b) of the Federal Funding Accountability and Transparency Act of 2006, referred to in subsec. (a)(3)(D)(vii)(VI), is section 2(b) of Pub. L. 109–282, which is set out in a note under section 6101 of this title.

Amendments

2024—Subsec. (a)(2)(C). Pub. L. 118–190, § 3(1)(A)(i)(I), inserted “required to be included on the single website under subparagraph (A) and the information” before “in the program inventory”.

Subsec. (a)(2)(E). Pub. L. 118–190, § 3(1)(A)(i)(II)–(iii), added subpar. (E).

Subsec. (a)(4)(A). Pub. L. 118–190, § 3(1)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “archive and preserve the information included in the program inventory required under paragraph (2)(B) after the end of the period during which such information is made available under paragraph (3); and”.

Subsec. (b)(6). Pub. L. 118–190, § 3(2), added par. (6) and struck out former par. (6) which read as follows: “the results achieved during the most recent quarter and overall trend data compared to the planned level of performance;”.

Subsec. (c)(5). Pub. L. 118–190, § 3(3), added par. (5) and struck out former par. (5) which read as follows: “the results achieved during the most recent quarter and overall trend data compared to the planned level of performance;”.

2021—Subsec. (a)(1). Pub. L. 116–283, § 9601(a)(2), added par. (1). Former par. (1) redesignated (2).

Subsec. (a)(2). Pub. L. 116–283, § 9601(a)(1), (3)(A), redesignated former par. (1) as (2) and substituted “Website and program inventory” for “In general” in heading and “The Director of the Office of Management and Budget shall” for “Not later than October 1, 2012, the Office of Management and Budget shall” in introductory provisions. Former par. (2) redesignated (3).

Subsec. (a)(2)(A). Pub. L. 116–283, § 9601(a)(3)(B), inserted “that includes the information required under subsections (b) and (c)” after “a single website”.

Subsec. (a)(2)(B). Pub. L. 116–283, § 9601(a)(3)(C), added subpar. (B) and struck out former subpar. (B) which read as follows: “at a minimum, update the website on a quarterly basis; and”.

Subsec. (a)(2)(C). Pub. L. 116–283, § 9601(a)(3)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “include on the website information about each program identified by the agencies.”

Subsec. (a)(2)(D). Pub. L. 116–283, § 9601(a)(3)(C), added subpar. (D).

Subsec. (a)(3). Pub. L. 116–283, § 9601(a)(1), (4)(A), redesignated former subpar. (2) as (3) and substituted “identified in the program inventory required under paragraph (2)(B) shall include” for “described under paragraph (1) shall include” in introductory provisions.

Subsec. (a)(3)(D). Pub. L. 116–283, § 9601(a)(4)(B)–(D), added subpar. (D).

Subsec. (a)(4). Pub. L. 116–283, § 9601(a)(5), added par. (4).

Subsec. (b). Pub. L. 116–283, § 9601(c)(1)(A), inserted “described in subsection (a)(2)(A)” after “the website” in two places in introductory provisions.

Subsec. (c). Pub. L. 116–283, § 9601(c)(1)(B), inserted “described in subsection (a)(2)(A)” after “the website” in introductory provisions.

Subsec. (d). Pub. L. 116–283, § 9601(c)(1)(C), struck out “on Website” after “Information” in heading and “on the website” after “available” in text.

Statutory Notes and Related Subsidiaries

Guidance, Implementation, Reporting, and Review

Pub. L. 116–283, div. H, title XCVI, § 9601(b), Jan. 1, 2021, 134 Stat. 4825, provided that: Definitions.—In this subsection— the term ‘appropriate congressional committees’ means the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; the term ‘Director’ means the Director of the Office of Management and Budget; the term ‘program’ has the meaning given that term in section 1122(a)(1) of title 31, United States Code, as amended by subsection (a) of this section; the term ‘program activity’ has the meaning given that term in section 1115(h) of title 31, United States Code; and the term ‘Secretary’ means the Secretary of the Treasury. Plan for implementation and reconciling program definitions.—Not later than 180 days after the date of enactment of this Act [Jan. 1, 2021], the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report that— includes a plan that— discusses how making available on a website the information required under subsection (a) of section 1122 of title 31, United States Code, as amended by subsection (a), will leverage existing data sources while avoiding duplicative or overlapping information in presenting information relating to program activities and programs; indicates how any gaps in data will be assessed and addressed; indicates how the Director will display such data; and discusses how the Director will expand the information collected with respect to program activities to incorporate the information required under the amendments made by subsection (a); sets forth details regarding a pilot program, developed in accordance with best practices for effective pilot programs— to develop and implement a functional program inventory that could be limited in scope; and under which the information required under the amendments made by subsection (a) with respect to program activities shall be made available on the website required under section 1122(a) of title 31, United States Code; establishes an implementation timeline for— gathering and building program activity information; developing and implementing the pilot program; seeking and responding to stakeholder comments; developing and presenting findings from the pilot program to the appropriate congressional committees; notifying the appropriate congressional committees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and implementing a Governmentwide program inventory through an iterative approach; and includes recommendations, if any, to reconcile the conflicting definitions of the term ‘program’ in relevant Federal statutes, as it relates to the purpose of this section.Implementation.— In general.—Not later than 3 years after the date of enactment of this Act, the Director shall make available online all information required under the amendments made by subsection (a) with respect to all programs. Extensions.—The Director may, based on an analysis of the costs of implementation, and after submitting to the appropriate congressional committees a notification of the action by the Director, extend the deadline for implementation under subparagraph (A) by not more than a total of 1 year. Reporting.—Not later than 2 years after the date on which the Director makes available online all information required under the amendments made by subsection (a) with respect to all programs, the Comptroller General of the United States shall submit to the appropriate congressional committees a report regarding the implementation of this section and the amendments made by this section, which shall— review how the Director and agencies determined how to aggregate, disaggregate, or consolidate program activities to provide the most useful information for an inventory of Government programs; evaluate the extent to which the program inventory required under section 1122 of title 31, United States Code, as amended by this section, provides useful information for transparency, decision-making, and oversight; evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas; and include the recommendations of the Comptroller General, if any, for improving implementation of this section and the amendments made by this section.”