---
kind: "range"
citation: "31 U.S.C. §§ 1116–1125"
title: "31"
from: "1116"
to: "1125"
count: 10
release: "119-102"
url: "https://uscodex.org/usc/31/1116..1125"
---

# §1116. Agency performance reporting

- (a) The head of each [agency](/usc/31/1101.md?p=1) shall make available on a public website of the [agency](/usc/31/1101.md?p=1) and to the Office of Management and Budget an update on [agency](/usc/31/1101.md?p=1) performance.
- (b)
  - (1) Each update shall compare actual performance achieved with the performance goals established in the [agency](/usc/31/1101.md?p=1) performance plan under [section 1115(b)](/usc/31/1115.md?p=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)](/usc/31/1115.md?p=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)](/usc/31/1115.md?p=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](/usc/31/9703.md);
  - (5) include a review of the performance goals and evaluation of the performance plan relative to the [agency](/usc/31/1101.md?p=1)’s strategic human capital management;
  - (6) describe how the [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) under [section 1121(c)](/usc/31/1121.md?p=c).
- (d) If an [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) shall make such information available in the classified appendix provided under [section 1115(e)](/usc/31/1115.md?p=e).
- (e) The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of [agency](/usc/31/1101.md?p=1) performance updates under this section shall be performed only by Federal employees.

# §1117. Exemption


The Director of the Office of Management and Budget may exempt from the requirements of sections [1115](/usc/31/1115.md) and [1116](/usc/31/1116.md) of this title and [section 306 of title 5](/usc/5/306.md), any [agency](/usc/31/1101.md?p=1) with annual outlays of $20,000,000 or less.


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 Repealed.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 L. 118–190, § 6(a), Dec. 23, 2024, 138 Stat. 2656 — repealed]



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 Repealed.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 L. 118–190, § 6(a), Dec. 23, 2024, 138 Stat. 2656 — repealed]



# §1120. Federal Government and agency priority goals

- (a) **Federal Government Priority Goals.—**
  - (1) The Director of the Office of Management and Budget shall coordinate with [agencies](/usc/31/1101.md?p=1) 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)](/usc/31/1105.md?p=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](/usc/3/101.md);
    - (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)](#a-2-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](/usc/31/1101.md?p=2) 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](/usc/31/1122.md).
  - (6) The Federal Government performance plan required under [section 1115(a) of this title](/usc/31/1115.md?p=a) shall be consistent with the Federal Government priority goals.
- (b) **Agency Priority Goals.—**
  - (1) Every 2 years, the head of each [agency](/usc/31/1101.md?p=1) listed in [section 901(b) of this title](/usc/31/901.md?p=b), or as otherwise determined by the Director of the Office of Management and Budget, shall identify [agency](/usc/31/1101.md?p=1) priority goals from among the performance goals of the [agency](/usc/31/1101.md?p=1). The Director of the Office of Management and Budget shall determine the total number of [agency](/usc/31/1101.md?p=1) priority goals across the Government, and the number to be developed by each [agency](/usc/31/1101.md?p=1). The [agency](/usc/31/1101.md?p=1) priority goals shall—
    - (A) reflect the highest priorities of the [agency](/usc/31/1101.md?p=1), as determined by the head of the [agency](/usc/31/1101.md?p=1) and informed by the Federal Government priority goals provided under [subsection (a)](#a) and the consultations with Congress and other interested parties required by [section 306(d) of title 5](/usc/5/306.md?p=d);
    - (B) have ambitious targets that can be achieved within a 2-year period;
    - (C) have a clearly identified [agency](/usc/31/1101.md?p=1) official, known as a goal leader, who is responsible for the achievement of each [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) shall make such information available in the classified appendix provided under [section 1115(e)](/usc/31/1115.md?p=e).
- (c) The functions and activities of this section shall be considered to be inherently governmental functions. The development of Federal Government and [agency](/usc/31/1101.md?p=1) priority goals shall be performed only by Federal employees.

# §1121. Progress reviews and use of performance information

- (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](/usc/31/1120.md?p=a), 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](/usc/31/1101.md?p=1), organizations, and program activities that contribute to the accomplishment of each Federal Government priority goal;
  - (3) assess whether [agencies](/usc/31/1101.md?p=1), 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](/usc/31/1101.md?p=1), 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](/usc/31/1101.md?p=1) required to develop [agency](/usc/31/1101.md?p=1) priority goals required by [section 1120(b) of this title](/usc/31/1120.md?p=b), the head of the [agency](/usc/31/1101.md?p=1) and Chief Operating Officer, with the support of the [agency](/usc/31/1101.md?p=1) Performance Improvement Officer, shall—
  - (1) for each [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) who contribute to the accomplishment of each [agency](/usc/31/1101.md?p=1) priority goal;
  - (3) assess whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned to the [agency](/usc/31/1101.md?p=1) priority goals;
  - (4) categorize [agency](/usc/31/1101.md?p=1) priority goals by risk of not achieving the planned level of performance; and
  - (5) for [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) under [section 306(a) of title 5](/usc/5/306.md?p=a).
  - (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](/usc/31/1101.md?p=1),[^1] shall—
    - (A) for each [covered goal](#c-1), review with the appropriate [agency](/usc/31/1101.md?p=1) official responsible for the [covered goal](#c-1)—
      - (i) the progress achieved toward the [covered goal](#c-1)—
        - (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](/usc/31/1101.md?p=1) will achieve the [covered goal](#c-1);
    - (B) coordinate with relevant personnel within and outside the [agency](/usc/31/1101.md?p=1) who contribute to the accomplishment of each [covered goal](#c-1);
    - (C) assess progress toward each [covered goal](#c-1) by reviewing performance information and other types of evidence relating to each [covered goal](#c-1), such as program evaluations and statistical data;
    - (D) identify whether additional evidence is necessary to better assess progress toward each [covered goal](#c-1), and prioritize the development of the evidence described in [subparagraph (C)](#c-2-C), such as through the plans required under [section 312 of title 5](/usc/5/312.md), if applicable;
    - (E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each [covered goal](#c-1);
    - (F) as appropriate, leverage the assessment performed under [subparagraph (E)](#c-2-E) as part of the portfolio reviews required under [section 503(c)(1)(G)](/usc/31/503.md?p=c-1-G);
    - (G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the [agency](/usc/31/1101.md?p=1) will achieve the [covered goal](#c-1); and
    - (H) for each [covered goal](#c-1) 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](/usc/31/1101.md?p=1).
  - (3) **Support.—** In fulfilling the requirements of [paragraph (2)](#c-2), the head and Chief Operating Officer of each [agency](/usc/31/1101.md?p=1) shall be supported by—
    - (A) the Performance Improvement Officer of the [agency](/usc/31/1101.md?p=1);
    - (B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the [agency](/usc/31/1101.md?p=1); and
    - (C) any other senior [agency](/usc/31/1101.md?p=1) official designated by the head of the [agency](/usc/31/1101.md?p=1), the sustained involvement of whom may help the [agency](/usc/31/1101.md?p=1) increase the likelihood of achieving 1 or more [covered goals](#c-1).

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

- (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](/usc/31/7501.md);
    - (B) the term “open Government data asset” has the meaning given that term under [section 3502 of title 44](/usc/44/3502.md);
    - (C) the term “program” means a single [program activity](#a-1-D) or an organized set of aggregated, disaggregated, or consolidated [program activities](#a-1-D) by one or more [agencies](/usc/31/1101.md?p=1) directed toward a common purpose or goal; and
    - (D) the term “program activity” has the meaning given that term in [section 1115(h)](/usc/31/1115.md?p=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)](#b) and [(c)](#c);
    - (B) include on the website described in [subparagraph (A)](#a-2-A), or another appropriate Federal Government website where related information is made available, as determined by the Director—
      - (i) a [program](#a-1-C) inventory that shall identify each [program](#a-1-C); and
      - (ii) for each [program](#a-1-C) identified in the [program](#a-1-C) inventory, the information required under [paragraph (3)](#a-3);
    - (C) make the information required to be included on the single website under [subparagraph (A)](#a-2-A) and the information in the [program](#a-1-C) inventory required under [subparagraph (B)](#a-2-B) available as an [open Government data asset](#a-1-B);
    - (D) at a minimum—
      - (i) update the information required to be included on the single website under [subparagraph (A)](#a-2-A) on a quarterly basis; and
      - (ii) update the [program](#a-1-C) inventory required under [subparagraph (B)](#a-2-B) on an annual basis; and
    - (E) ensure that the website described in [subparagraph (A)](#a-2-A) conforms with the requirements for websites under section 3(a) of the 21st Century Integrated Digital Experience Act ([44 U.S.C. 3501](/usc/44/3501.md) note).
  - (3) **Information.—** Information for each [program](#a-1-C) identified in the [program](#a-1-C) inventory required under [paragraph (2)(B)](#a-2-B) shall include—
    - (A) an identification of how the [agency](/usc/31/1101.md?p=1) defines the term “[program](#a-1-C)”, consistent with guidance provided by the Director of the Office of Management and Budget, including the [program activities](#a-1-D) that are aggregated, disaggregated, or consolidated to be considered a [program](#a-1-C) by the [agency](/usc/31/1101.md?p=1);
    - (B) a description of the purposes of the [program](#a-1-C) and the contribution of the [program](#a-1-C) to the mission and goals of the [agency](/usc/31/1101.md?p=1);
    - (C) an identification of funding for the current fiscal year and previous 2 fiscal years and,
    - (D) for each [program activity](#a-1-D) that is part of a [program](#a-1-C)—
      - (i) a description of the purposes of the [program activity](#a-1-D) and the contribution of the [program activity](#a-1-D) to the mission and goals of the [agency](/usc/31/1101.md?p=1);
      - (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](#a-1-C) performance review by the [agency](/usc/31/1101.md?p=1), an inspector general, or the Government Accountability Office (including [program](#a-1-C) performance reports required under [section 1116](/usc/31/1116.md)), 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](#a-1-D) or the authority under which the [program activity](#a-1-D) was created or operates;
      - (v) an identification of any major regulations specific to the [program activity](#a-1-D);
      - (vi) any other information that the Director of the Office of Management and Budget determines relevant relating to [program activity](#a-1-D) 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](#a-1-A) 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](#a-1-D) that fund [Federal financial assistance](#a-1-A) 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](/usc/31/6102.md);
        - (III) to the extent practicable and based on data reported to the [agency](/usc/31/1101.md?p=1) providing the [Federal financial assistance](#a-1-A), the results of the [Federal financial assistance](#a-1-A) 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](#a-1-A) 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](#a-1-A) 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](/usc/31/6101.md) note).
  - (4) **Archiving.—** The Director of the Office of Management and Budget shall—
    - (A) archive and preserve—
      - (i) the information included in the [program](#a-1-C) inventory required under [paragraph (2)(B)](#a-2-B), including the information described in [paragraph (3)](#a-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)](#a-2-A) in accordance with subsections [(b)](#b) and [(c)](#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)](#a-4-A) publicly available as an [open Government data asset](#a-1-B).
- (b) **Transparency of Agency Priority Goals and Results.—** The head of each [agency](/usc/31/1101.md?p=1) required to develop [agency](/usc/31/1101.md?p=1) priority goals shall make information about each [agency](/usc/31/1101.md?p=1) priority goal available to the Office of Management and Budget for publication on the website described in [subsection (a)(2)(A)](#a-2-A), with the exception of any information covered by [section 1120(b)(2) of this title](/usc/31/1120.md?p=b-2). In addition to an identification of each [agency](/usc/31/1101.md?p=1) priority goal, the website described in [subsection (a)(2)(A)](#a-2-A) shall also consolidate information about each [agency](/usc/31/1101.md?p=1) priority goal, including—
  - (1) a description of how the [agency](/usc/31/1101.md?p=1) incorporated any views and suggestions obtained through congressional consultations about the [agency](/usc/31/1101.md?p=1) priority goal;
  - (2) an identification of key factors external to the [agency](/usc/31/1101.md?p=1) and beyond its control that could significantly affect the achievement of the [agency](/usc/31/1101.md?p=1) priority goal;
  - (3) a description of how each [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1);
    - (D) how the [agency](/usc/31/1101.md?p=1) is working with other [agencies](/usc/31/1101.md?p=1) to achieve the goal; and
    - (E) an identification of the [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) has compensated for such limitations if needed to reach the required level of accuracy;
  - (6) the results achieved toward the [agency](/usc/31/1101.md?p=1) priority goals established under [section 1120(b)](/usc/31/1120.md?p=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](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) 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)](#a-2-A)—
  - (1) a brief description of each of the Federal Government priority goals required by [section 1120(a) of this title](/usc/31/1120.md?p=a);
  - (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](/usc/31/1115.md?p=a);
  - (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)](/usc/31/1120.md?p=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](/usc/31/1101.md?p=1), 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](/usc/31/1101.md?p=1), 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](#a-3-A), and the performance of the Federal Government as well as individual [agencies](/usc/31/1101.md?p=1).

# §1123. Chief Operating Officers

- (a) **Establishment.—** At each [agency](/usc/31/1101.md?p=1), the deputy head of [agency](/usc/31/1101.md?p=1), or equivalent, shall be the Chief Operating Officer of the [agency](/usc/31/1101.md?p=1).
- (b) **Function.—** Each Chief Operating Officer shall be responsible for improving the management and performance of the [agency](/usc/31/1101.md?p=1), and shall—
  - (1) provide overall organization management to improve [agency](/usc/31/1101.md?p=1) performance and achieve the mission and goals of the [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) in carrying out the requirements of [sections 1115 through 1122](/usc/31/1115..1122.md) of this title and [section 306 of title 5](/usc/5/306.md);
  - (3) oversee [agency](/usc/31/1101.md?p=1)-specific efforts to improve management functions within the [agency](/usc/31/1101.md?p=1) and across Government; and
  - (4) coordinate and collaborate with relevant personnel within and external to the [agency](/usc/31/1101.md?p=1) who have a significant role in contributing to and achieving the mission and goals of the [agency](/usc/31/1101.md?p=1), 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](/usc/31/1101.md?p=1).

# §1124. Performance Improvement Officers and the Performance Improvement Council

- (a) **Performance Improvement Officers.—**
  - (1) **Establishment.—** At each [agency](/usc/31/1101.md?p=1), the head of the [agency](/usc/31/1101.md?p=1), in consultation with the [agency](/usc/31/1101.md?p=1) Chief Operating Officer, shall designate a senior executive of the [agency](/usc/31/1101.md?p=1) as the [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) and the Chief Operating Officer to ensure that the mission and goals of the [agency](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) and the Chief Operating Officer on the selection of [agency](/usc/31/1101.md?p=1) goals, including opportunities to collaborate with other [agencies](/usc/31/1101.md?p=1) on common goals;
    - (C) assist the head of the [agency](/usc/31/1101.md?p=1) and the Chief Operating Officer in overseeing the implementation of the [agency](/usc/31/1101.md?p=1) strategic planning, performance planning, and reporting requirements provided under [sections 1115 through 1122](/usc/31/1115..1122.md) of this title and [sections 306](/usc/5/306.md) of title 5, including the contributions of the [agency](/usc/31/1101.md?p=1) to the Federal Government priority goals;
    - (D) support the head of [agency](/usc/31/1101.md?p=1) and the Chief Operating Officer in the conduct of regular reviews of [agency](/usc/31/1101.md?p=1) performance, including at least quarterly reviews of progress achieved toward [agency](/usc/31/1101.md?p=1) priority goals, if applicable;
    - (E) assist the head of the [agency](/usc/31/1101.md?p=1) and the Chief Operating Officer in the development and use within the [agency](/usc/31/1101.md?p=1) of performance measures in personnel performance appraisals, and, as appropriate, other [agency](/usc/31/1101.md?p=1) personnel and planning processes and assessments; and
    - (F) ensure that [agency](/usc/31/1101.md?p=1) progress toward the achievement of all goals is communicated to leaders, managers, and employees in the [agency](/usc/31/1101.md?p=1) and Congress, and made available on a public website of the [agency](/usc/31/1101.md?p=1).
- (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](/usc/31/1101.md?p=1) defined in [section 901(b) of this title](/usc/31/901.md?p=b);
    - (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](/usc/31/1115.md), [1120](/usc/31/1120.md), [1121](/usc/31/1121.md), and [1122](/usc/31/1122.md) of this title;
    - (D) work to resolve specific Governmentwide or crosscutting performance issues, as necessary;
    - (E) facilitate the exchange among [agencies](/usc/31/1101.md?p=1) of practices that have led to performance improvements within specific programs, [agencies](/usc/31/1101.md?p=1), or across [agencies](/usc/31/1101.md?p=1);
    - (F) coordinate with other interagency management councils;
    - (G) seek advice and information as appropriate from nonmember [agencies](/usc/31/1101.md?p=1), particularly smaller [agencies](/usc/31/1101.md?p=1);
    - (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](/usc/31/1101.md?p=1) as the Council may request, which [agencies](/usc/31/1101.md?p=1) 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](/usc/31/1101.md?p=1) 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.

# §1125. Elimination of unnecessary agency reporting

- (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](/usc/31/6101.md) 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](/usc/31/1101.md?p=1)—
    - (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](#a-2) 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](#a-3) is required to be submitted; and
    - (B) does not include any [plan or report](#a-2) 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](/usc/31/1101.md?p=1) shall include in the [budget justification materials](#a-1) of the [agency](/usc/31/1101.md?p=1) the following:
    - (A) Subject to paragraphs [(2)](#b-2) and [(3)](#b-3), the following:
      - (i) A list of each [recurring plan or report](#a-3) submitted by the [agency](/usc/31/1101.md?p=1).
      - (ii) An identification of whether the [recurring plan or report](#a-3) listed in [clause (i)](#b-1-A-i) was included in the most recent report issued by the Clerk of the House of Representatives concerning the reports that any [agency](/usc/31/1101.md?p=1) 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](#a-3) 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](#a-3) the head of the [agency](/usc/31/1101.md?p=1) determines to be outdated or duplicative.
    - (B) With respect to each [recurring plan or report](#a-3) identified in [subparagraph (A)(iv)](#b-1-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](#a-3).
      - (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](#a-3).
      - (iii) A list of the [relevant congressional committees](#a-4) for the [recurring plan or report](#a-3).
    - (C) A justification explaining, with respect to each recommendation described in [subparagraph (B)(i)](#b-1-B-i) relating to a [recurring plan or report](#a-3)—
      - (i) why the head of the [agency](/usc/31/1101.md?p=1) made the recommendation, which may include an estimate of the resources expended by the [agency](/usc/31/1101.md?p=1) to prepare and submit the [recurring plan or report](#a-3); and
      - (ii) the understanding of the head of the [agency](/usc/31/1101.md?p=1) of the purpose of the [recurring plan or report](#a-3).
  - (2) **Agency consultation.—**
    - (A) **In general.—** In preparing the list required under [paragraph (1)(A)](#b-1-A), if, in submitting a [recurring plan or report](#a-3), an [agency](/usc/31/1101.md?p=1) is required to coordinate or consult with another [agency](/usc/31/1101.md?p=1) or entity, the head of the [agency](/usc/31/1101.md?p=1) submitting the [recurring plan or report](#a-3) shall consult with the head of each [agency](/usc/31/1101.md?p=1) or entity with whom consultation or coordination is required.
    - (B) **Inclusion in list.—** If, after a consultation under [subparagraph (A)](#b-2-A), the head of each [agency](/usc/31/1101.md?p=1) or entity consulted under that subparagraph agrees that a [recurring plan or report](#a-3) is outdated or duplicative, the head of the [agency](/usc/31/1101.md?p=1) required to submit the [recurring plan or report](#a-3) shall—
      - (i) include the [recurring plan or report](#a-3) in the list described in [paragraph (1)(A)](#b-1-A); and
      - (ii) identify each [agency](/usc/31/1101.md?p=1) or entity with which the head of the [agency](/usc/31/1101.md?p=1) is required to coordinate or consult in submitting the [recurring plan or report](#a-3).
    - (C) **Disagreement.—** If the head of any [agency](/usc/31/1101.md?p=1) or entity consulted under [subparagraph (A)](#b-2-A) does not agree that a [recurring plan or report](#a-3) is outdated or duplicative, the head of the [agency](/usc/31/1101.md?p=1) required to submit the [recurring plan or report](#a-3) shall not include the [recurring plan or report](#a-3) in the list described in [paragraph (1)(A)](#b-1-A).
  - (3) **Government-wide or multi-agency plan and report submissions.—** With respect to a [recurring plan or report](#a-3) required to be submitted by not less than 2 [agencies](/usc/31/1101.md?p=1), the Director of the Office of Management and Budget shall—
    - (A) determine whether the requirement to submit the [recurring plan or report](#a-3) 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](/usc/31/1101.md?p=1) recommendation, citation, or justification made under subparagraph [(B)](#b-1-B) or [(C)](#b-1-C) of paragraph (1) or a recommendation by the Director of the Office of Management and Budget under [paragraph (3)](#b-3), the [agency](/usc/31/1101.md?p=1) or Director, as applicable, shall also provide this information to the Director of the Government Publishing Office in conformity with the [agency](/usc/31/1101.md?p=1) 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](/usc/44/ch41.md) 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](/usc/31/1101.md?p=1) from a requirement to submit a [recurring plan or report](#a-3).
- (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](/usc/31/1101.md?p=1) in the [budget justification materials](#a-1) of each [agency](/usc/31/1101.md?p=1), the Director of the Office of Management and Budget may concurrently submit to Congress legislation to eliminate or consolidate such plans and reports.