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31 U.S.C. §§ 1116–1125

10 sections in range

§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.”

§1123. Chief Operating Officers

31 U.S.C. § 1123

(a)
Establishment.— At each agency, the deputy head of agency, or equivalent, shall be the Chief Operating Officer of the agency.
(b)
Function.— Each Chief Operating Officer shall be responsible for improving the management and performance of the agency, and shall—
(1)
provide overall organization management to improve agency performance and achieve the mission and goals of the agency through the use of strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved;
(2)
advise and assist the head of agency in carrying out the requirements of sections 1115 through 1122 of this title and section 306 of title 5;
(3)
oversee agency-specific efforts to improve management functions within the agency and across Government; and
(4)
coordinate and collaborate with relevant personnel within and external to the agency who have a significant role in contributing to and achieving the mission and goals of the agency, such as the Chief Financial Officer, Chief Human Capital Officer, Chief Acquisition Officer/Senior Procurement Executive, Chief Information Officer, and other line of business chiefs at the agency.
Notes, amendments, and revision history

(Added Pub. L. 111–352, § 8, Jan. 4, 2011, 124 Stat. 3878.)

§1124. Performance Improvement Officers and the Performance Improvement Council

31 U.S.C. § 1124

(a)
Performance Improvement Officers.—
(1)
Establishment.— At each agency, the head of the agency, in consultation with the agency Chief Operating Officer, shall designate a senior executive of the agency as the agency Performance Improvement Officer.
(2)
Function.— Each Performance Improvement Officer shall report directly to the Chief Operating Officer. Subject to the direction of the Chief Operating Officer, each Performance Improvement Officer shall—
(A)
advise and assist the head of the agency and the Chief Operating Officer to ensure that the mission and goals of the agency are achieved through strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved;
(B)
advise the head of the agency and the Chief Operating Officer on the selection of agency goals, including opportunities to collaborate with other agencies on common goals;
(C)
assist the head of the agency and the Chief Operating Officer in overseeing the implementation of the agency strategic planning, performance planning, and reporting requirements provided under sections 1115 through 1122 of this title and sections 306 of title 5, including the contributions of the agency to the Federal Government priority goals;
(D)
support the head of agency and the Chief Operating Officer in the conduct of regular reviews of agency performance, including at least quarterly reviews of progress achieved toward agency priority goals, if applicable;
(E)
assist the head of the agency and the Chief Operating Officer 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 assessments; and
(F)
ensure that agency progress toward the achievement of all goals is communicated to leaders, managers, and employees in the agency and Congress, and made available on a public website of the agency.
(b)
Performance Improvement Council.—
(1)
Establishment.— There is established a Performance Improvement Council, consisting of—
(A)
the Deputy Director for Management of the Office of Management and Budget, who shall act as chairperson of the Council;
(B)
the Performance Improvement Officer from each agency defined in section 901(b) of this title;
(C)
other Performance Improvement Officers as determined appropriate by the chairperson; and
(D)
other individuals as determined appropriate by the chairperson.
(2)
Function.— The Performance Improvement Council shall—
(A)
be convened by the chairperson or the designee of the chairperson, who shall preside at the meetings of the Performance Improvement Council, determine its agenda, direct its work, and establish and direct subgroups of the Performance Improvement Council, as appropriate, to deal with particular subject matters;
(B)
assist the Director of the Office of Management and Budget to improve the performance of the Federal Government and achieve the Federal Government priority goals;
(C)
assist the Director of the Office of Management and Budget in implementing the planning, reporting, and use of performance information requirements related to the Federal Government priority goals provided under sections 1115, 1120, 1121, and 1122 of this title;
(D)
work to resolve specific Governmentwide or crosscutting performance issues, as necessary;
(E)
facilitate the exchange among agencies of practices that have led to performance improvements within specific programs, agencies, or across agencies;
(F)
coordinate with other interagency management councils;
(G)
seek advice and information as appropriate from nonmember agencies, particularly smaller agencies;
(H)
consider the performance improvement experiences of corporations, nonprofit organizations, foreign, State, and local governments, Government employees, public sector unions, and customers of Government services;
(I)
receive such assistance, information and advice from agencies as the Council may request, which agencies shall provide to the extent permitted by law; and
(J)
develop and submit to the Director of the Office of Management and Budget, or when appropriate to the President through the Director of the Office of Management and Budget, at times and in such formats as the chairperson may specify, recommendations to streamline and improve performance management policies and requirements.
(3)
Support.—
(A)
In general.— The Administrator of General Services shall provide administrative and other support for the Council to implement this section.
(B)
Personnel.— The heads of agencies with Performance Improvement Officers serving on the Council shall, as appropriate and to the extent permitted by law, provide at the request of the chairperson of the Performance Improvement Council up to 2 personnel authorizations to serve at the direction of the chairperson.
Notes, amendments, and revision history

(Added Pub. L. 111–352, § 9, Jan. 4, 2011, 124 Stat. 3878.)

§1125. Elimination of unnecessary agency reporting

31 U.S.C. § 1125

(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).
(2)
Plan or report.— 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)
Recurring plan or report.— The term “recurring plan or report” means a plan or report submitted on a recurring basis.
(4)
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; 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)
Agency Identification of Unnecessary Reports.—
(1)
In general.— 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)
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.
(4)
Plan and report submissions conformity to the access to congressionally mandated reports act.— 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)
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.
(d)
Request for Elimination of Unnecessary Reports.— 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, amendments, and revision history

(Added Pub. L. 111–352, § 11(b), Jan. 4, 2011, 124 Stat. 3881; amended Pub. L. 118–172, § 2(a), Dec. 23, 2024, 138 Stat. 2593.)

Editorial Notes

References in Text

Sections 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 sections 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.”