31 U.S.C. § 1122 — Transparency of programs, priority goals,

Page 155 TITLE 31—MONEY AND FINANCE § 1122 (i) the progress achieved toward the cov- ered 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 con- tribute to the accomplishment of each cov- ered 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 devel- opment of the evidence described in subpara- graph (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 assess- ment 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 like- lihood that the agency will achieve the cov- ered goal; and (H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, in- cluding any necessary changes to program activities, regulations, policies, or other ac- tivities 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 Offi- cial of the agency; and (C) any other senior agency official des- ignated by the head of the agency, the sus- tained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals. (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 per- formance 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 (a) TRANSPARENCY OF AGENCY PROGRAMS.— (1) DEFINITIONS.—For purposes of this sub- section— (A) the term ‘‘Federal financial assist- ance’’ 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 ag- gregated, disaggregated, or consolidated pro- gram activities by one or more agencies di- rected 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 sin- gle website that includes the information re- quired 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 deter- mined by the Director— (i) a program inventory that shall iden- tify each program; and (ii) for each program identified in the program inventory, the information re- quired under paragraph (3); (C) make the information required to be included on the single website under sub- paragraph (A) and the information in the program inventory required under subpara- graph (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 sub- paragraph (A) on a quarterly basis; and (ii) update the program inventory re- quired under subparagraph (B) on an an- nual basis; and (E) ensure that the website described in subparagraph (A) conforms with the require- ments 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 pro- gram identified in the program inventory re- quired under paragraph (2)(B) shall include— (A) an identification of how the agency de- fines the term ‘‘program’’, consistent with guidance provided by the Director of the Of- fice of Management and Budget, including the program activities that are aggregated, disaggregated, or consolidated to be consid- ered a program by the agency; (B) a description of the purposes of the program and the contribution of the pro- gram to the mission and goals of the agency; (C) an identification of funding for the cur- rent 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 Page 156 TITLE 31—MONEY AND FINANCE § 1122 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 per- mitted by law, links to any related evalua- tion, assessment, or program performance review by the agency, an inspector gen- eral, or the Government Accountability Office (including program performance re- ports required under section 1116), and other related evidence assembled in re- sponse to implementation of the Founda- tions 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 au- thority under which the program activity was created or operates; (v) an identification of any major regula- tions specific to the program activity; (vi) any other information that the Di- rector 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 pro- vided, for the current fiscal year and each of the 2 fiscal years before the current fis- cal 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 as- sistance by assistance listing; (II) information on the population in- tended to be served by the assistance listing based on the language of the so- licitation, as required under section 6102; (III) to the extent practicable and based on data reported to the agency providing the Federal financial assist- ance, the results of the Federal financial assistance awards provided by the assist- ance listing; (IV) to the extent practicable, the per- centage 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 di- rect 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 pro- gram 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 sin- gle website under paragraph (2)(A) in ac- cordance with subsections (b) and (c) after the end of the period during which such in- formation is made available on the website; and (B) make information archived in accord- ance with subparagraph (A) publicly avail- able 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 in- formation about each agency priority goal avail- able to the Office of Management and Budget for publication on the website described in sub- section (a)(2)(A), with the exception of any in- formation 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 infor- mation about each agency priority goal, includ- ing— (1) a description of how the agency incor- porated 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 re- quired level of accuracy; and (E) how the agency has compensated for such limitations if needed to reach the re- quired level of accuracy; (6) the results achieved toward the agency priority goals established under section 1120(b)— Page 157 TITLE 31—MONEY AND FINANCE § 1122 (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 orga- nizations, 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 perform- ance 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 sub- section (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 Govern- ment priority goals incorporate views and sug- gestions obtained through congressional con- sultations; (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 perform- ance 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 Gov- ernment priority goal period compared to the overall planned level of performance; (6) an identification of the agencies, organi- zations, program activities, regulations, tax expenditures, policies, and other activities that contribute to each Federal Government priority goal; (7) an assessment of whether relevant agen- cies, organizations, program activities, regula- tions, tax expenditures, policies, and other ac- tivities are contributing as planned; (8) an identification of the Federal Govern- ment priority goals at risk of not achieving the planned level of performance; and (9) any prospects or strategies for perform- ance improvement. (d) INFORMATION.—The information made available under this section shall be readily ac- cessible and easily found on the Internet by the public and members and committees of Con- gress. Such information shall also be presented in a searchable, machine-readable format. The Director of the Office of Management and Budg- et shall issue guidance to ensure that such infor- mation is provided in a way that presents a co- herent picture of all Federal programs, and the performance of the Federal Government as well as individual agencies. (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 sec- tion 3(a) of Pub. L. 115–336, which is set out in a note under section 3501 of Title 44, Public Printing and Doc- uments. 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 Ta- bles. 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 sub- par. (A) and struck out former subpar. (A) which read as follows: ‘‘archive and preserve the information in- cluded in the program inventory required under para- graph (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 per- formance;’’. 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 per- formance;’’. 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), re- designated 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 intro- ductory provisions. Former par. (2) redesignated (3). Subsec. (a)(2)(A). Pub. L. 116–283, § 9601(a)(3)(B), in- serted ‘‘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), re- designated 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). Page 158 TITLE 31—MONEY AND FINANCE § 1123 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: ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(A) the term ‘appropriate congressional commit- tees’ 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; ‘‘(B) the term ‘Director’ means the Director of the Office of Management and Budget; ‘‘(C) 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; ‘‘(D) the term ‘program activity’ has the meaning given that term in section 1115(h) of title 31, United States Code; and ‘‘(E) the term ‘Secretary’ means the Secretary of the Treasury. ‘‘(2) PLAN FOR IMPLEMENTATION AND RECONCILING PRO- GRAM DEFINITIONS.—Not later than 180 days after the date of enactment of this Act [Jan. 1, 2021], the Direc- tor, in consultation with the Secretary, shall submit to the appropriate congressional committees a report that— ‘‘(A) includes a plan that— ‘‘(i) 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 overlap- ping information in presenting information relat- ing to program activities and programs; ‘‘(ii) indicates how any gaps in data will be as- sessed and addressed; ‘‘(iii) indicates how the Director will display such data; and ‘‘(iv) discusses how the Director will expand the information collected with respect to program ac- tivities to incorporate the information required under the amendments made by subsection (a); ‘‘(B) sets forth details regarding a pilot program, developed in accordance with best practices for effec- tive pilot programs— ‘‘(i) to develop and implement a functional pro- gram inventory that could be limited in scope; and ‘‘(ii) under which the information required under the amendments made by subsection (a) with re- spect to program activities shall be made available on the website required under section 1122(a) of title 31, United States Code; ‘‘(C) establishes an implementation timeline for— ‘‘(i) gathering and building program activity in- formation; ‘‘(ii) developing and implementing the pilot pro- gram; ‘‘(iii) seeking and responding to stakeholder com- ments; ‘‘(iv) developing and presenting findings from the pilot program to the appropriate congressional committees; ‘‘(v) notifying the appropriate congressional com- mittees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and ‘‘(vi) implementing a Governmentwide program inventory through an iterative approach; and ‘‘(D) 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. ‘‘(3) IMPLEMENTATION.— ‘‘(A) 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. ‘‘(B) EXTENSIONS.—The Director may, based on an analysis of the costs of implementation, and after submitting to the appropriate congressional commit- tees a notification of the action by the Director, ex- tend the deadline for implementation under subpara- graph (A) by not more than a total of 1 year. ‘‘(4) REPORTING.—Not later than 2 years after the date on which the Director makes available online all infor- mation required under the amendments made by sub- section (a) with respect to all programs, the Comp- troller General of the United States shall submit to the appropriate congressional committees a report regard- ing the implementation of this section and the amend- ments made by this section, which shall— ‘‘(A) review how the Director and agencies deter- mined how to aggregate, disaggregate, or consolidate program activities to provide the most useful infor- mation for an inventory of Government programs; ‘‘(B) evaluate the extent to which the program in- ventory required under section 1122 of title 31, United States Code, as amended by this section, provides useful information for transparency, decision-mak- ing, and oversight; ‘‘(C) evaluate the extent to which the program in- ventory provides a coherent picture of the scope of Federal investments in particular areas; and ‘‘(D) include the recommendations of the Comp- troller General, if any, for improving implementation of this section and the amendments made by this sec- tion.’’ § 1123. Chief Operating Officers (a) ESTABLISHMENT.—At each agency, the dep- uty 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 manage- ment 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 Acquisi- tion Officer/Senior Procurement Executive, Chief Information Officer, and other line of business chiefs at the agency. (Added Pub. L. 111–352, § 8, Jan. 4, 2011, 124 Stat. 3878.)