31 U.S.C. § 1121 — Progress reviews and use of performance

Page 154 TITLE 31—MONEY AND FINANCE § 1121 1 So in original. (B) have ambitious targets that can be achieved within a 2-year period; (C) have a clearly identified agency offi- cial, known as a goal leader, who is respon- sible for the achievement of each agency pri- ority goal; (D) have interim quarterly targets for per- formance indicators if more frequent up- dates of actual performance provides data of significant value to the Government, Con- gress, or program partners at a reasonable level of administrative burden; and (E) have clearly defined quarterly mile- stones. (2) If an agency priority goal includes any program activity or information that is spe- cifically 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 Ex- ecutive order, the head of the agency shall make such information available in the classi- fied appendix provided under section 1115(e). (c) The functions and activities of this section shall be considered to be inherently govern- mental functions. The development of Federal Government and agency priority goals shall be performed only by Federal employees. (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 min- imum, 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 Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 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 Coun- cil, 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 per- formance; (2) include in such reviews officials from the agencies, organizations, and program activi- ties that contribute to the accomplishment of each Federal Government priority goal; (3) assess whether agencies, organizations, program activities, regulations, tax expendi- tures, policies, and other activities are con- tributing as planned to each Federal Govern- ment priority goal; (4) categorize the Federal Government pri- ority 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 pros- pects and strategies for performance improve- ment, including any needed changes to agen- cies, organizations, program activities, regula- tions, tax expenditures, policies or other ac- tivities. (b) AGENCY USE OF PERFORMANCE INFORMATION TO ACHIEVE AGENCY PRIORITY GOALS.—Not less than quarterly, at each agency required to de- velop 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, over- all trend data, and the likelihood of meeting the planned level of performance; (2) coordinate with relevant personnel with- in 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 perform- ance; and (5) for agency priority goals at greatest risk of not meeting the planned level of perform- ance, identify prospects and strategies for per- formance improvement, including any needed changes to agency program activities, regula- tions, policies, or other activities. (c) AGENCY REVIEWS OF PROGRESS TOWARDS STRATEGIC GOALS AND OBJECTIVES.— (1) COVERED GOAL DEFINED.—In this sub- section, 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 annu- ally 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— 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