United States Code

USC most recently checked for updates: Jun 13, 2024

§ 1122.
Transparency of programs, priority goals, and results
(a)
Transparency of Agency Programs.—
(1)
Definitions.—
For purposes of this subsection—
(A)
the term “Federal financial assistance” has the meaning given that term under section 7501;
(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 in the program inventory required under subparagraph (B) available as an open Government data asset; and
(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.
(3)
Information.—
Information for each program identified in the program inventory required under paragraph (2)(B) shall include—
(A)
an identification of how the agency defines the term “program”, consistent with guidance provided by the Director of the Office of Management and Budget, including the program activities that are aggregated, disaggregated, or consolidated to be considered a program by the agency;
(B)
a description of the purposes of the program and the contribution of the program to the mission and goals of the agency;
(C)
an identification of funding for the current fiscal year and previous 2 fiscal years and,
(D)
for each program activity that is part of a program—
(i)
a description of the purposes of the program activity and the contribution of the program activity to the mission and goals of the agency;
(ii)
a consolidated view for the current fiscal year and each of the 2 fiscal years before the current fiscal year of—
(I)
the amount appropriated;
(II)
the amount obligated; and
(III)
the amount outlayed;
(iii)
to the extent practicable and permitted by law, links to any related evaluation, assessment, or program performance review by the agency, an inspector general, or the Government Accountability Office (including program performance reports required under section 1116), and other related evidence assembled in response to implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435; 132 Stat. 5529);
(iv)
an identification of the statutes that authorize the program activity or the authority under which the program activity was created or operates;
(v)
an identification of any major regulations specific to the program activity;
(vi)
any other information that the Director of the Office of Management and Budget determines relevant relating to program activity data in priority areas most relevant to Congress or the public to increase transparency and accountability; and
(vii)
for each assistance listing under which Federal financial assistance is provided, for the current fiscal year and each of the 2 fiscal years before the current fiscal year and consistent with existing law relating to the protection of personally identifiable information—
(I)
a linkage to the relevant program activities that fund Federal financial assistance by assistance listing;
(II)
information on the population intended to be served by the assistance listing based on the language of the solicitation, as required under section 6102;
(III)
to the extent practicable and based on data reported to the agency providing the Federal financial assistance, the results of the Federal financial assistance awards provided by the assistance listing;
(IV)
to the extent practicable, the percentage of the amount appropriated for the assistance listing that is used for management and administration;
(V)
the identification of each award of Federal financial assistance and, to the extent practicable, the name of each direct or indirect recipient of the award; and
(VI)
any information relating to the award of Federal financial assistance that is required to be included on the website established under section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).
(4)
Archiving.—
The Director of the Office of Management and Budget shall—
(A)
archive and preserve 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
(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 during the most recent quarter and overall trend data compared to the 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 during the most recent quarter and overall trend data compared to the 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. 111–352, § 7, Jan. 4, 2011, 124 Stat. 3876; amended Pub. L. 116–283, div. H, title XCVI, § 9601(a), (c)(1), Jan. 1, 2021, 134 Stat. 4823, 4827.)
cite as: 31 USC 1122