Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 31 U.S.C. § 1101 - Definitions
## Text
In this chapter—
(1) “agency” includes the District of Columbia government but does not include the legislative branch or the Supreme Court.
(2) “appropriations” means appropriated amounts and includes, in appropriate context—
(A) funds;
(B) authority to make obligations by contract before appropriations; and
(C) other authority making amounts available for obligation or expenditure.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 907.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1101(1)31:2(1st4th pars.).June 10, 1921, ch. 18, § 2(1st5th pars.), 42 Stat. 20; Apr. 3, 1939, ch. 36, § 201, 53 Stat. 565; July 31, 1953, ch. 302, § 101(1st proviso in par. under heading “Bureau of the Budget”), 67 Stat. 299. 1101(2)31:2(last par.).June 10, 1921, ch. 18, 42 Stat. 20, § 2(last par.); added Sept. 12, 1950, ch. 946, § 101, 64 Stat. 832. In the section, a reference to 31:71 and 471 is omitted because the definitions in the section are not used in 31:71 and 471. In clause (1), “agency” (which is defined for purposes of this title in section 101 to mean a department, agency, or instrumentality of the United States) is coextensive with and substituted for the term “department or establishment” which was defined in 31:2 as in part meaning “any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board”. This definition merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words “includes the District of Columbia government” are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia Self-Government and Governmental Reorganizational Act (Pub. L. 93198, 87 Stat. 774) supersedes the provisions codified in this title. The words “of the United States” are omitted as surplus. The text of 31:2(2d4th pars.) is omitted as unnecessary because of the restatement. The text of section 2(3d par.) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 20), is omitted as obsolete because of section 501 of the revised title.
Statutory Notes and Related Subsidiaries
Short Title of 2024 AmendmentPub. L. 118190, § 1, Dec. 23, 2024, 138 Stat. 2653, provided that: “This Act [amending sections 1115, 1116, 1120 to 1122, and 9704 of this title and section 306 of Title 5, Government Organization and Employees, and repealing sections 1118 and 1119 of this title] may be cited as the Federal Agency Performance Act of 2024.” Pub. L. 118172, § 1, Dec. 23, 2024, 138 Stat. 2593, provided that: “This Act [amending sections 1105 and 1125 of this title, enacting provisions set out as a note under section 1125 of this title, and amending provisions set out as a note preceding section 4101 of Title 44, Public Printing and Documents] may be cited as the Eliminate Useless Reports Act of 2024.”
Short Title of 2022 AmendmentPub. L. 117263, div. E, title LIII, § 5303(a), Dec. 23, 2022, 136 Stat. 3250, provided that: “This section [amending section 1115 of this title] may be cited as the Performance Enhancement Reform Act.”
Short Title of 2019 AmendmentPub. L. 115414, § 1, Jan. 3, 2019, 132 Stat. 5430, provided that: “This Act [amending section 720 of this title and enacting provisions set out as a note under section 1105 of this title] may be cited as the Good Accounting Obligation in Government Act or the GAOIG Act.”
Short Title of 2011 AmendmentPub. L. 111352, § 1(a), Jan. 4, 2011, 124 Stat. 3866, provided that: “This Act [enacting sections 1115, 1116, and 1120 to 1125 of this title and section 306 of Title 5, Government Organization and Employees, amending section 1105 of this title, repealing sections 1115 and 1116 of this title and section 306 of Title 5, and enacting provisions set out as notes under section 1115 of this title and section 5105 of Title 5] may be cited as the GPRA Modernization Act of 2010.”
Short Title of 2010 AmendmentPub. L. 111291, title IV, § 401, Dec. 8, 2010, 124 Stat. 3097, provided that: “This title [amending section 1105 of this title, enacting provisions set out as a note under section 1105 of this title, and amending provisions set out as a note under this section] may be cited as the Crow Tribe Water Rights Settlement Act of 2010.”
Short Title of 1993 AmendmentPub. L. 10362, § 1, Aug. 3, 1993, 107 Stat. 285, provided that: “This Act [enacting sections 1115 to 1119, 9703, and 9704 of this title, section 306 of Title 5, Government Organization and Employees, and sections 2801 to 2805 of Title 39, Postal Service, amending section 1105 of this title, and enacting provisions set out as notes under section 1115 of this title] may be cited as the Government Performance and Results Act of 1993.”
Short Title of 1984 AmendmentPub. L. 98501, title II, § 201, Oct. 19, 1984, 98 Stat. 2324, provided that: “This title [amending section 1105 of this title and enacting provisions set out as a note under section 1105 of this title] may be cited as the Federal Capital Investment Program Information Act of 1984.”
Construction of 1993 AmendmentPub. L. 10362, § 10, Aug. 3, 1993, 107 Stat. 295, provided that: “No provision or amendment made by this Act [see Short Title of 1993 Amendment note set out above] may be construed as— “(1) 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 who is not an officer or employee of the United States acting in such capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act; or “(2) superseding any statutory requirement, including any requirement under section 553 of title 5, United States Code.”
Congressional Findings and Statement of PurposesPub. L. 10362, § 2, Aug. 3, 1993, 107 Stat. 285, provided that: “(a) Findings.—The Congress finds that—“(1) waste and inefficiency in Federal programs undermine the confidence of the American people in the Government and reduces the Federal Governments ability to address adequately vital public needs; “(2) Federal managers are seriously disadvantaged in their efforts to improve program efficiency and effectiveness, because of insufficient articulation of program goals and inadequate information on program performance; and “(3) congressional policymaking, spending decisions and program oversight are seriously handicapped by insufficient attention to program performance and results. “(b) Purposes.—The purposes of this Act [see Short Title of 1993 Amendment note set out above] are to—“(1) improve the confidence of the American people in the capability of the Federal Government, by systematically holding Federal agencies accountable for achieving program results; “(2) initiate program performance reform with a series of pilot projects in setting program goals, measuring program performance against those goals, and reporting publicly on their progress; “(3) improve Federal program effectiveness and public accountability by promoting a new focus on results, service quality, and customer satisfaction; “(4) help Federal managers improve service delivery, by requiring that they plan for meeting program objectives and by providing them with information about program results and service quality; “(5) improve congressional decisionmaking by providing more objective information on achieving statutory objectives, and on the relative effectiveness and efficiency of Federal programs and spending; and “(6) improve internal management of the Federal Government.”
Congressional OversightPub. L. 10362, § 8(a), Aug. 3, 1993, 107 Stat. 294, provided that: “Nothing in this Act [see Short Title of 1993 Amendment note set out above] shall be construed as limiting the ability of Congress to establish, amend, suspend, or annul a performance goal. Any such action shall have the effect of superseding that goal in the plan submitted under section 1105(a)(29) [now 1105(a)(28)] of title 31, United States Code.”
Executive Documents
Executive Order No. 13037 Ex. Ord. No. 13037, Mar. 3, 1997, 62 F.R. 10185, as amended by Ex. Ord. No. 13066, Oct. 29, 1997, 62 F.R. 59273; Ex. Ord. No. 13108, Dec. 11, 1998, 63 F.R. 69175, which established the Commission to Study Capital Budgeting, was revoked by Ex. Ord. No. 13138, § 3(d), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees.
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# 31 U.S.C. § 1102 - Fiscal year
## Text
The fiscal year of the Treasury begins on October 1 of each year and ends on September 30 of the following year. Accounts of receipts and expenditures required under law to be published each year shall be published for the fiscal year.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 908.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 110231:1020.R.S. § 237; Oct. 1, 1890, ch. 1256, § 9, 26 Stat. 646; restated July 12, 1974, Pub. L. 93344, § 501, 88 Stat. 321. The words “in all matters of accounts, receipts, expenditures, estimates, and appropriations” are omitted as being included in “fiscal”. The word “prepared” is omitted as being included in “published”. The words “as established by subsection (a) of this section” are omitted as unnecessary because of the restatement. The text of 31:1020(a)(1) and the words “beginning on October 1, 1976” are omitted as executed.
Statutory Notes and Related Subsidiaries
Fiscal Year Transition Period of July 1, 1976, Through September 30, 1976Pub. L. 94274, Apr. 21, 1976, 90 Stat. 383, provided for an orderly transition to the new Oct. 1 to Sept. 30 fiscal year for particular acts by specifying how the period of July 1, 1976, through Sept. 30, 1976, was to be treated for fiscal year purposes.
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# 31 U.S.C. § 1103 - Budget ceiling
## Text
Congress reaffirms its commitment that budget outlays of the United States Government for a fiscal year may be not more than the receipts of the Government for that year.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 908.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 110331:27.Oct. 10, 1978, Pub. L. 95435, § 7, 92 Stat. 1053; restated Oct. 7, 1980, Pub. L. 96389, § 3, 94 Stat. 1553. The word “total” is omitted as surplus. The words “for a fiscal year” are substituted for “beginning with Fiscal Year 1981” because of the restatement and to eliminate executed words. The words “for that year” are added because of the restatement.
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# 31 U.S.C. § 1106 - Supplemental budget estimates and changes
## Text
(a) Before July 16 of each year, the President shall submit to Congress a supplemental summary of the budget for the fiscal year for which the budget is submitted under section 1105(a) of this title. The summary shall include—
(1) for that fiscal year—
(A) substantial changes in or reappraisals of estimates of expenditures and receipts;
(B) substantial obligations imposed on the budget after its submission;
(C) current information on matters referred to in section 1105(a)(8) and (9)(B) and (C) of this title; and
(D) additional information the President decides is advisable to provide Congress with complete and current information about the budget and current estimates of the functions, obligations, requirements, and financial condition of the United States Government;
(2) for the 4 fiscal years following the fiscal year for which the budget is submitted, information on estimated expenditures for programs authorized to continue in future years, or that are considered mandatory, under law; and
(3) for future fiscal years, information on estimated expenditures of balances carried over from the fiscal year for which the budget is submitted.
(b) Before July 16 of each year, the President shall submit to Congress a statement of changes in budget authority requested, estimated budget outlays, and estimated receipts for the fiscal year for which the budget is submitted (including prior changes proposed for the executive branch of the Government) that the President decides are necessary and appropriate based on current information. The statement shall include the effect of those changes on the information submitted under section 1105(a)(1)(14) and (b) of this title and shall include supporting information as practicable. The statement submitted before July 16 may be included in the information submitted under subsection (a)(1) of this section.
(c) Subsection (f) of section 1105 shall apply to revisions and supplemental summaries submitted under this section to the same extent that such subsection applies to the budget submitted under section 1105(a) to which such revisions and summaries relate.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 99177, title II, § 242, Dec. 12, 1985, 99 Stat. 1063.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1106(a)31:11(b), (c).June 10, 1921, ch. 18, 42 Stat. 20, § 201(b), (c); added Aug. 25, 1958, Pub. L. 85759, § 1, 72 Stat. 852; restated Oct. 26, 1970, Pub. L. 91510, § 221(b), 84 Stat. 1169; July 12, 1974, Pub. L. 93344, § 602, 88 Stat. 324. 1106(b)31:11(g)(1st3d sentences).June 10, 1921, ch. 18, 42 Stat. 20, § 201(g)(1st3d sentences); added July 12, 1974, Pub. L. 93344, § 601, 88 Stat. 323. In subsection (a), before clause (1), the words “Before July 16” are substituted for “on or before July 15” for consistency. The words “budget for the fiscal year for which the budget is submitted” are substituted for “Budget for the ensuing fiscal year transmitted to the Congress by the President” to eliminate unnecessary words and for consistency in the chapter. The words “in such form and detail as he may determine” are omitted as unnecessary. In clause (1)(D), the words “in summary form” and “summary of” are omitted as unnecessary. The word “necessary” is omitted as being included in “advisable”. In clauses (2) and (3), the word “information” is substituted for “summaries” because of the restatement. In clause (2), the words “programs authorized to continue in future years, or that are considered mandatory, under law” are substituted for “continuing programs which have a legal commitment for future years or are considered mandatory under existing law” for consistency. In subsection (b), the words “Before April 11 and July 16” are substituted for “on or before April 10 and July 15”, the word “changes” is substituted for “all amendments to or revisions in”, and the words “budget outlays” are substituted for “outlays”, the words “fiscal year for which the budget is submitted” are substituted for “ensuing fiscal year set forth in the Budget transmitted pursuant to subsection (a) of this section”, for consistency. The word “information” is substituted for “summary data” because of the restatement.
Editorial Notes
Amendments1985—Subsec. (b). Pub. L. 99177, § 242(a), struck out “April 11 and” before “July 16”. Subsec. (c). Pub. L. 99177, § 242(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1985 AmendmentAmendment by Pub. L. 99177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, but with subsec. (c) to expire Sept. 30, 2002, see section 275(a)(1), (b) of Pub. L. 99177, formerly set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress, prior to repeal by Pub. L. 11225, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246.
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# 31 U.S.C. § 1107 - Deficiency and supplemental appropriations
## Text
The President may submit to Congress proposed deficiency and supplemental appropriations the President decides are necessary because of laws enacted after the submission of the budget or that are in the public interest. The President shall include the reasons for the submission of the proposed appropriations and the reasons the proposed appropriations were not included in the budget. When the total proposed appropriations would have required the President to make a recommendation under section 1105(c) of this title if they had been included in the budget, the President shall make a recommendation under that section. The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 11274, div. C, title VI, § 619, Dec. 23, 2011, 125 Stat. 926.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 110731:14.June 10, 1921, ch. 18, § 203, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, § 102(b), 64 Stat. 833. In the section, the words “reach an aggregate which” are omitted as surplus.
Editorial Notes
Amendments2011—Pub. L. 11274 inserted at end “The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.”
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# 31 U.S.C. § 1109 - Current programs and activities estimates
## Text
(a) On or before the first Monday after January 3 of each year (on or before February 5 in 1986), the President shall submit to both Houses of Congress the estimated budget outlays and proposed budget authority that would be included in the budget for the following fiscal year if programs and activities of the United States Government were carried on during that year at the same level as the current fiscal year without a change in policy. The President shall state the estimated budget outlays and proposed budget authority by function and subfunction under the classifications in the budget summary table under the heading “Budget Authority and Outlays by Function and Agency”, by major programs in each function, and by agency. The President also shall include a statement of the economic and program assumptions on which those budget outlays and budget authority are based, including inflation, real economic growth, and unemployment rates, program caseloads, and pay increases.
(b) The Joint Economic Committee shall review the estimated budget outlays and proposed budget authority and submit an economic evaluation of the budget outlays and budget authority to the Committees on the Budget of both Houses before March 1 of each year.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 913; Pub. L. 99177, title II, § 222, Dec. 12, 1985, 99 Stat. 1060.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1109(a)31:11a(a).July 12, 1974, Pub. L. 93344, § 605, 88 Stat. 325. 1109(b)31:11a(b). In the section, the words “budget outlays” are substituted for “outlays” for consistency in the revised title. In subsection (a), the words “Before November 11” are substituted for “On or before November 10”, the words “both Houses of Congress” are substituted for “the Senate and the House of Representatives”, the word “following” is substituted for “ensuing”, and the word “current” is substituted for “in progress”, for consistency. The words “(beginning with 1975)” are omitted as executed. The words “of the United States Government” are added for clarity. The words “in such programs and activities” are omitted as surplus. The words “The President shall state” are substituted for “shall be shown”, and the words “The President also shall include” are substituted for “Accompanying these estimates shall be”, because of the restatement. In subsection (b), the words “so submitted” are omitted as unnecessary. The words “before January 1” are substituted for “on or before December 31” for consistency.
Editorial Notes
Amendments1985—Subsec. (a). Pub. L. 99177, § 222(a), substituted “On or before the first Monday after January 3 of each year (on or before February 5 in 1986)” for “Before November 11 of each year”. Subsec. (b). Pub. L. 99177, § 222(b), substituted “March 1” for “January 1”.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 99177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99177, formerly set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress, prior to repeal by Pub. L. 11225, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246.
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# 31 U.S.C. § 1110 - Year-ahead requests for authorizing legislation
## Text
A request to enact legislation authorizing new budget authority to continue a program or activity for a fiscal year shall be submitted to Congress before May 16 of the year before the year in which the fiscal year begins. If a new program or activity will continue for more than one year, the request must be submitted for at least the first and 2d fiscal years.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 913.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 111031:11c.July 12, 1974, Pub. L. 93344, § 607, 88 Stat. 325. The words “Notwithstanding any other provision of law” are omitted as unnecessary. The words “the enactment of” before “new” are omitted as surplus. The words “(beginning with the fiscal year commencing October 1, 1976)” are omitted as executed. The words “a request for the enactment of legislation authorizing the enactment of new budget authority for” are omitted for consistency in the chapter.
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# 31 U.S.C. § 1111 - Improving economy and efficiency
## Text
To improve economy and efficiency in the United States Government, the President shall—
(1) make a study of each agency to decide, and may send Congress recommendations, on changes that should be made in—
(A) the organization, activities, and business methods of agencies;
(B) agency appropriations;
(C) the assignment of particular activities to particular services; and
(D) regrouping of services; and
(2) evaluate and develop improved plans for the organization, coordination, and management of the executive branch of the Government.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 913.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 111131:18.June 10, 1921, ch. 18, § 209, 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, § 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:18a.Sept. 12, 1950, ch. 946, § 104, 64 Stat. 834; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. In the section, before clause (1), the words “To improve economy and efficiency in the United States Government” are substituted for “(with a view of securing greater economy and efficiency in the conduct of the public service)” in 31:18 and “with a view to efficient and economical service” in 31:18a to eliminate unnecessary words. The word “President” is substituted for “Office of Management and Budget, when directed by the President” in 31:18 and “President, through the Director of the Office of Management and Budget” in 31:18a because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In clause (1), the words “existing” and “detailed” are omitted as surplus.
Executive Documents
Regulatory Reductions For provisions requiring executive departments and agencies to undertake to eliminate not less than 50 percent of its civilian internal management regulations not required by law, see Ex. Ord. No. 12861, Sept. 11, 1993, 58 F.R. 48255, set out as a note under section 601 of Title 5, Government Organization and Employees.
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# 31 U.S.C. § 1112 - Fiscal, budget, and program information
## Text
(a) In this section, “agency” means a department, agency, or instrumentality of the United States Government except a mixed-ownership Government corporation.
(b) In cooperation with the Comptroller General, the Secretary of the Treasury and the Director of the Office of Management and Budget shall establish and maintain standard data processing and information systems for fiscal, budget, and program information for use by agencies to meet the needs of the Government, and to the extent practicable, of State and local governments.
(c) The Comptroller General—
(1) in cooperation with the Secretary, the Director of the Office of Management and Budget, and the Director of the Congressional Budget Office, shall establish, maintain, and publish standard terms and classifications for fiscal, budget, and program information of the Government, including information on fiscal policy, receipts, expenditures, programs, projects, activities, and functions;
(2) when advisable, shall report to Congress on those terms and classifications, and recommend legislation necessary to promote the establishment, maintenance, and use of standard terms and classifications by the executive branch of the Government; and
(3) in carrying out this subsection, shall give particular consideration to the needs of the Committees on Appropriations and on the Budget of both Houses of Congress, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office.
(d) Agencies shall use the standard terms and classifications published under subsection (c)(1) of this section in providing fiscal, budget, and program information to Congress.
(e) In consultation with the President, the head of each executive agency shall take actions necessary to achieve to the extent possible—
(1) consistency in budget and accounting classifications;
(2) synchronization between those classifications and organizational structure; and
(3) information by organizational unit on performance and program costs to support budget justifications.
(f) In cooperation with the Director of the Congressional Budget Office, the Comptroller General, and appropriate representatives of State and local governments, the Director of the Office of Management and Budget (to the extent practicable) shall provide State and local governments with fiscal, budget, and program information necessary for accurate and timely determination by those governments of the impact on their budgets of assistance of the United States Government.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 913.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1112(a)31:1157.Oct. 26, 1970, Pub. L. 91510, § 207, 84 Stat. 1168. 1112(b)31:1151.Oct. 26, 1970, Pub. L. 91510, §§ 201, 202(a), (b), 203(d), 84 Stat. 1167, 1168; restated July 12, 1974, Pub. L. 93344, § 801(a), 88 Stat. 327, 328, 329. 1112(c)31:1152(a)(1)(1st, 2d sentences), (2), (b). 1112(d)31:1152(a)(1)(last sentence). 1112(e)31:18c.Sept. 12, 1950, ch. 946, 64 Stat. 832, § 106; added Aug. 1, 1956, ch. 814, § 2(a), 70 Stat. 782; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 1112(f)31:1153(d). In the section, the words “program information” are substituted for “program-related data and information” to eliminate unnecessary words. In subsection (a), the words “ agency . . . of the United States Government except a mixed-ownership Government corporation” are substituted for “ Federal agency . . . wholly owned Government corporation” for clarity and consistency in the revised title and with other titles of the United States Code. The word “establishment” is omitted as surplus. The words “government of the District of Columbia” are omitted as superseded by sections 441455, 501, and 736 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93198, 87 Stat. 798, 812, 823). In subsections (b) and (c)(1), the word “develop” is omitted as being included in “establish”. In subsection (b), the words “The development, establishment, and maintenance of such systems shall be carried out so as” are omitted as unnecessary because of the restatement. In subsection (c)(1) and (2), the words “terms and classifications” are substituted for “terminology, definitions, classifications, and codes” to eliminate unnecessary words. In clause (1), the words “The authority contained in this section shall include, but not be limited to” are omitted as surplus. In clause (2), the words “After June 30, 1975” are omitted as executed. The word “additional” is omitted as surplus. The words “establishment, maintenance, and use of” are substituted for “development, establishment, and maintenance, modification . . . implementation” to eliminate unnecessary words and for consistency in the revised section. The words “by the executive branch of the Government” are substituted for “executive” for clarity. The text of 31:1152(a)(2)(1st sentence) is omitted as executed. In clause (3), the words “this subsection” are substituted for “this responsibility” because of the restatement. In subsection (c)(1), the word “revenues” is omitted as being included in “receipts”. The word “spending” is substituted for “expenditures” for consistency in the revised title. In subsection (e), the word “President” is substituted for “Director of the Office of Management and Budget” because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President.
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# 31 U.S.C. § 1114 - Repealed. Pub. L. 103355, title II, § 2454(c)(2), Oct. 13, 1994, 108 Stat. 3326]
## Notes
Section, Pub. L. 97258, Sept. 13, 1982, 96 Stat. 916, related to budget information on consulting services.
Statutory Notes and Related Subsidiaries
Effective Date of RepealFor effective date and applicability of repeal, see section 10001 of Pub. L. 103355, set out as an Effective Date of 1994 Amendment note under section 8752 of Title 10, Armed Forces.
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# 31 U.S.C. § 1116 - Agency performance reporting
## Text
(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 activitys 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 agencys 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.
(Added Pub. L. 111352, § 4, Jan. 4, 2011, 124 Stat. 3871; amended Pub. L. 118190, §§ 2(b), 7(b), Dec. 23, 2024, 138 Stat. 2654, 2656.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1116, added Pub. L. 10362, § 4(b), Aug. 3, 1993, 107 Stat. 288; amended Pub. L. 106531, § 5(a)(1), (b), Nov. 22, 2000, 114 Stat. 2539; Pub. L. 107296, title XIII, § 1311(b), Nov. 25, 2002, 116 Stat. 2290, related to program performance reports, prior to repeal by Pub. L. 111352, § 4, Jan. 4, 2011, 124 Stat. 3871.
Amendments2024—Subsec. (b)(1). Pub. L. 118190, § 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. 118190, § 2(b)(1), added par. (8). Subsecs. (f) to (i). Pub. L. 118190, § 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 BoardPub. L. 112199, title I, § 116(b), Nov. 27, 2012, 126 Stat. 1474, provided that: “(1) 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:“(A) 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. “(B) 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. “(2) 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.”
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# 31 U.S.C. § 1117 - Exemption
## Text
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.
(Added Pub. L. 10362, § 4(b), Aug. 3, 1993, 107 Stat. 289.)
## Notes
Statutory Notes and Related Subsidiaries
ConstructionNo provision or amendment made by Pub. L. 10362 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. 10362, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 10362, set out as a Construction of 1993 Amendment note under section 1101 of this title.
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# 31 U.S.C. § 1120 - Federal Government and agency priority goals
## Text
(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.
(Added Pub. L. 111352, § 5, Jan. 4, 2011, 124 Stat. 3873; amended Pub. L. 116283, div. H, title XCVI, § 9601(c)(2)(C), Jan. 1, 2021, 134 Stat. 4828; Pub. L. 118190, § 4, Dec. 23, 2024, 138 Stat. 2655.)
## Notes
Editorial Notes
Amendments2024—Subsec. (a)(2). Pub. L. 118190 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. 116283 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.
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# 31 U.S.C. § 1121 - Progress reviews and use of performance information
## Text
(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,11 So in original. 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.
(Added Pub. L. 111352, § 6, Jan. 4, 2011, 124 Stat. 3875; amended Pub. L. 118190, § 2(a)(1), Dec. 23, 2024, 138 Stat. 2653.)
## Notes
Editorial Notes
Amendments2024—Pub. L. 118190, § 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. 118190, § 2(a)(1)(B), added subsec. (c).
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# 31 U.S.C. § 1122 - Transparency of programs, priority goals, and results
## Text
(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 115435; 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.
(Added Pub. L. 111352, § 7, Jan. 4, 2011, 124 Stat. 3876; amended Pub. L. 116283, div. H, title XCVI, § 9601(a), (c)(1), Jan. 1, 2021, 134 Stat. 4823, 4827; Pub. L. 118190, § 3, Dec. 23, 2024, 138 Stat. 2654.)
## Notes
Editorial Notes
References in TextSection 3(a) of the 21st Century Integrated Digital Experience Act, referred to in subsec. (a)(2)(E), is section 3(a) of Pub. L. 115336, 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. 115435, 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. 109282, which is set out in a note under section 6101 of this title.
Amendments2024—Subsec. (a)(2)(C). Pub. L. 118190, § 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. 118190, § 3(1)(A)(i)(II)(iii), added subpar. (E). Subsec. (a)(4)(A). Pub. L. 118190, § 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. 118190, § 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. 118190, § 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. 116283, § 9601(a)(2), added par. (1). Former par. (1) redesignated (2). Subsec. (a)(2). Pub. L. 116283, § 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. 116283, § 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. 116283, § 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. 116283, § 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. 116283, § 9601(a)(3)(C), added subpar. (D). Subsec. (a)(3). Pub. L. 116283, § 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. 116283, § 9601(a)(4)(B)(D), added subpar. (D). Subsec. (a)(4). Pub. L. 116283, § 9601(a)(5), added par. (4). Subsec. (b). Pub. L. 116283, § 9601(c)(1)(A), inserted “described in subsection (a)(2)(A)” after “the website” in two places in introductory provisions. Subsec. (c). Pub. L. 116283, § 9601(c)(1)(B), inserted “described in subsection (a)(2)(A)” after “the website” in introductory provisions. Subsec. (d). Pub. L. 116283, § 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 ReviewPub. L. 116283, div. H, title XCVI, § 9601(b), Jan. 1, 2021, 134 Stat. 4825, provided that: “(1) Definitions.—In this subsection—“(A) 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; “(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 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—“(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 overlapping information in presenting information relating to program activities and programs; “(ii) indicates how any gaps in data will be assessed 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 activities 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 effective pilot programs—“(i) to develop and implement a functional program inventory that could be limited in scope; and “(ii) 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; “(C) establishes an implementation timeline for—“(i) gathering and building program activity information; “(ii) developing and implementing the pilot program; “(iii) seeking and responding to stakeholder comments; “(iv) developing and presenting findings from the pilot program to the appropriate congressional committees; “(v) notifying the appropriate congressional committees 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 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. “(4) 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—“(A) 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; “(B) 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; “(C) evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas; and “(D) include the recommendations of the Comptroller General, if any, for improving implementation of this section and the amendments made by this section.”
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# 31 U.S.C. § 1123 - Chief Operating Officers
## Text
(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.
(Added Pub. L. 111352, § 8, Jan. 4, 2011, 124 Stat. 3878.)
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# 31 U.S.C. § 1124 - Performance Improvement Officers and the Performance Improvement Council
## Text
(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.
(Added Pub. L. 111352, § 9, Jan. 4, 2011, 124 Stat. 3878.)
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# 31 U.S.C. § 1125 - Elimination of unnecessary agency reporting
## Text
(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 109282).
(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 117263).
(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 117263; 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.
(Added Pub. L. 111352, § 11(b), Jan. 4, 2011, 124 Stat. 3881; amended Pub. L. 118172, § 2(a), Dec. 23, 2024, 138 Stat. 2593.)
## Notes
Editorial Notes
References in TextSections 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. 117263, which are set out in a note preceding section 4101 of Title 44, Public Printing and Documents.
Amendments2024—Subsecs. (a), (b). Pub. L. 118172, § 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. 118172, § 2(a)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 118172, § 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. 118172, § 2(a)(1), redesignated subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Updated OMB GuidancePub. L. 118172, § 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 117263; 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.”
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# 31 U.S.C. § 1126 - Program Management Improvement Officers and Program Management Policy Council
## Text
(a) Program Management Improvement Officers.— (1) Designation.— The head of each agency described in section 901(b) shall designate a senior executive of the agency, who has significant program and project management oversight responsibilities, as the Program Management Improvement Officer of the agency.
(2) Functions.— The Program Management Improvement Officer of an agency designated under paragraph (1) shall—
(A) implement program management policies established by the agency under section 503(c); and
(B) develop a strategy for enhancing the role of program managers within the agency that includes the following:
(i) Enhanced training and educational opportunities for program managers that shall include—
(I) training in the relevant competencies encompassed with program and project manager within the private sector for program managers; and
(II) training that emphasizes cost containment for large projects and programs.
(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency.
(iii) Improved career paths and career opportunities for program managers.
(iv) A plan to encourage the recruitment and retention of highly qualified individuals to serve as program managers.
(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency.
(vi) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes.
(3) Application to department of defense.— This subsection shall not apply to the Department of Defense to the extent that the provisions of this subsection are substantially similar to or duplicative of the provisions of chapter 87 of title 10. For purposes of paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment (or a designee of the Under Secretary) shall be considered the Program Management Improvement Officer.
(b) Program Management Policy Council.— (1) Establishment.— There is established in the Office of Management and Budget a council to be known as the “Program Management Policy Council” (in this subsection referred to as the “Council”).
(2) Purpose and functions.— The Council shall act as the principal interagency forum for improving agency practices related to program and project management. The Council shall—
(A) advise and assist the Deputy Director for Management of the Office of Management and Budget;
(B) review programs identified as high risk by the Government Accountability Office and make recommendations for actions to be taken by the Deputy Director for Management of the Office of Management and Budget or a designee;
(C) discuss topics of importance to the workforce, including—
(i) career development and workforce development needs;
(ii) policy to support continuous improvement in program and project management; and
(iii) major challenges across agencies in managing programs;
(D) advise on the development and applicability of standards governmentwide for program management transparency; and
(E) review the information published on a website described in section 1122.
(3) Membership.— (A) Composition.— The Council shall be composed of the following members:
(i) Five members from the Office of Management and Budget as follows:
(I) The Deputy Director for Management.
(II) The Administrator of the Office of Electronic Government.
(III) The Administrator of Federal Procurement Policy.
(IV) The Controller of the Office of Federal Financial Management.
(V) The Director of the Office of Performance and Personnel Management.
(ii) The Program Management Improvement Officer from each agency described in section 901(b).
(iii) Any other full-time or permanent part-time officer or employee of the Federal Government or member of the Armed Forces designated by the Chairperson.
(B) Chairperson and vice chairperson.— (i) In general.— The Deputy Director for Management of the Office of Management and Budget shall be the Chairperson of the Council. A Vice Chairperson shall be elected by the members and shall serve a term of not more than 1 year.
(ii) Duties.— The Chairperson shall preside at the meetings of the Council, determine the agenda of the Council, direct the work of the Council, and establish and direct subgroups of the Council as appropriate.
(4) Meetings.— The Council shall meet not less than four times per fiscal year and may meet at the call of the Chairperson or a majority of the members of the Council.
(5) Support.— The head of each agency with a Project Management Improvement Officer serving on the Council shall provide administrative support to the Council, as appropriate, at the request of the Chairperson.
(Added Pub. L. 114264, § 2(b)(1), Dec. 14, 2016, 130 Stat. 1372; amended Pub. L. 11692, div. A, title IX, § 902(86), Dec. 20, 2019, 133 Stat. 1554; Pub. L. 116283, div. A, title VIII, § 884, div. H, title XCVI, § 9601(c)(2)(D), Jan. 1, 2021, 134 Stat. 3790, 4828.)
## Notes
Editorial Notes
Similar ProvisionsAnother section 1126, added Pub. L. 114328, div. A, title VIII, § 861(b)(1), Dec. 23, 2016, 130 Stat. 2299, which was substantially identical to section 1126 as added by Pub. L. 114264, was repealed by Pub. L. 11591, div. A, title VIII, § 810(b), Dec. 12, 2017, 131 Stat. 1458.
Amendments2021—Subsec. (a)(1). Pub. L. 116283, § 884(1), inserted “, who has significant program and project management oversight responsibilities,” after “senior executive of the agency”. Subsec. (b)(2)(E). Pub. L. 116283, § 9601(c)(2)(D), substituted “a website described in” for “the website of the Office of Management and Budget pursuant to”. Subsec. (b)(4). Pub. L. 116283, § 884(2), substituted “four times” for “twice”. 2019—Subsec. (a)(3). Pub. L. 11692 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Statutory Notes and Related Subsidiaries
Program and Project Management Personnel StandardsPub. L. 114264, § 2(c), Dec. 14, 2016, 130 Stat. 1374, provided that: “(1) Definition.—In this subsection, the term agency means each agency described in section 901(b) of title 31, United States Code, other than the Department of Defense. “(2) Regulations required.—Not later than 180 days after the date on which the standards, policies, and guidelines are issued under section 503(c) of title 31, United States Code, as added by subsection (a)(1), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall issue regulations that—“(A) identify key skills and competencies needed for a program and project manager in an agency; “(B) establish a new job series, or update and improve an existing job series, for program and project management within an agency; and “(C) establish a new career path for program and project managers within an agency.” Similar provisions were contained in Pub. L. 114328, div. A, title VIII, § 861(c), Dec. 23, 2016, 130 Stat. 2301, prior to repeal by Pub. L. 11591, div. A, title VIII, § 810(c), Dec. 12, 2017, 131 Stat. 1458.