CHAPTER 11 —THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
Editorial Notes
Amendments
2011—
1994—
1993—
1 So in original. Does not conform to section catchline.
§1101. Definitions
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1101(1) | 31:2(1st–4th pars.). | June 10, 1921, ch. 18, §2(1st–5th pars.), |
| 1101(2) | 31:2(last par.). | June 10, 1921, ch. 18, |
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 (
Statutory Notes and Related Subsidiaries
Short Title of 2022 Amendment
Short Title of 2019 Amendment
Short Title of 2011 Amendment
Short Title of 2010 Amendment
Short Title of 1993 Amendment
Short Title of 1984 Amendment
Construction of 1993 Amendment
"(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
Congressional Findings and Statement of Purposes
"(a)
"(1) waste and inefficiency in Federal programs undermine the confidence of the American people in the Government and reduces the Federal Government's 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)
"(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 Oversight
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.
§1102. Fiscal year
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1102 | 31:1020. | R.S. §237; Oct. 1, 1890, ch. 1256, §9, |
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, 1976
§1103. Budget ceiling
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1103 | 31:27. | Oct. 10, 1978, |
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.
§1104. Budget and appropriations authority of the President
(a) The President shall prepare budgets of the United States Government under
(b) Except as provided in this chapter, the President shall prescribe the contents and order of statements in the budget on expenditures and estimated expenditures and statements on proposed appropriations and information submitted with the budget and proposed appropriations. The President shall include with the budget and proposed appropriations information on personnel and other objects of expenditure in the way that information was included in the budget for fiscal year 1950. However, the requirement that information be included in the budget in that way may be waived or changed by joint action of the Committees on Appropriations of both Houses of Congress. This subsection does not limit the authority of a committee of Congress to request information in a form it prescribes.
(c) When the President makes a basic change in the form of the budget, the President shall submit with the budget information showing where items in the budget for the prior fiscal year are contained in the present budget. However, the President may change the functional categories in the budget only in consultation with the Committees on Appropriations and on the Budget of both Houses of Congress. Committees of the House of Representatives and Senate shall receive prompt notification of all such changes.
(d) The President shall develop programs and prescribe regulations to improve the compilation, analysis, publication, and dissemination of statistical information by executive agencies. The President shall carry out this subsection through the Administrator for the Office of Information and Regulatory Affairs in the Office of Management and Budget.
(e) Under regulations prescribed by the President, each agency shall provide information required by the President in carrying out this chapter. The President has access to, and may inspect, records of an agency to obtain information.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1104(a) | 31:16(last sentence related to preparation of budgets and appropriations). | June 10, 1921, ch. 18, §207(last sentence related to preparation of budgets and appropriations), |
| 31:623. | June 23, 1913, ch. 3, §3, |
|
| 1104(b) | 31:581. | June 10, 1921, ch. 18, §204, |
| 1104(c) | 31:11d. | July 12, 1974, |
| 31:581a. | June 10, 1921, ch. 18, §205, |
|
| 1104(d) | 31:18b. | Sept. 12, 1950, ch. 946, §103, |
| 44:3503(note). | Dec. 11, 1980, |
|
| 1104(e) | 31:21. | June 10, 1921, ch. 18, §213, |
In the section, the word "President" is substituted for "Office" in 31:16(last sentence), "President, through the Director of the Office of Management and Budget" in 31:18b, "President and the Director of the Office of Management and Budget" in 44:3503(note), and "Office of Management and Budget" in 31:21 and 623, because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (a), the words "under such rules and regulations as the President may prescribe" in 31:16(last sentence) are omitted as unnecessary because of section 101 of Reorganization Plan No. 2 of 1970. The words "use uniform terms in stating" are substituted for "make uniform the language commonly used in expressing" in 31:623 for consistency. The words "eliminate from all estimates unnecessary words" are omitted as unnecessary because of the authority of the President under this subsection to prepare the budget. The text of section 3(words before semicolon) in the Act of June 23, 1913 (ch. 13,
In subsection (b), the word "arrangement" is omitted as being included in "order". The word "information" is substituted for "notes and other data", and the word "submitted" is substituted for "transmitted", for consistency. The words "The President shall include" are substituted for "shall be accompanied by" because of the authority of the President under subsection (a) to prepare the budget. The words "proposed appropriations" are substituted for "proposed supplemental or deficiency appropriations" because of the restatement. The word "personnel" is substituted for "personal services" for clarity. The word "way" is substituted for "manner and form" for consistency. The words "either generally or in specific cases" are omitted as surplus. The word "request" is substituted for "request and receive" to eliminate unnecessary words. The words "it prescribes" are substituted for "as they may desire in consideration of and action upon budget estimates" to eliminate unnecessary words.
In subsection (c), the words "President makes" are substituted for "is made" in 31:581a as being more precise. The word "information" is substituted for "explanatory notes and tables" for consistency in the revised title. The words "to Congress", "as may be necessary", and "various" are omitted as surplus. The words "The President may change" are substituted for "Any change . . . shall be made only" in 31:11d because the President prepares and submits the budget under 31:11. The word "budget" is substituted for "Budget of the United States Government transmitted pursuant to
In subsection (d), the word "gathering" in 31:18b is omitted as being included in "compilation". The text of 31:18b(last sentence) is omitted as unnecessary because of the restatement of the source provisions in subsection (e). The words "carry out . . . through" are substituted for "delegate to" in 44:3503(note) for consistency.
In subsection (e), the word "provide" is substituted for "furnish" for consistency. The words "required by the President in carrying out this chapter" are substituted for "as the Office may from time to time require" because of section 101 of Reorganization Plan No. 2 of 1970 and to provide comparable limiting language on when information may be required. The words "the director and the assistant director, or any employee of the Office when duly authorized" are omitted because of 3:301. The word "inspect" is substituted for "examine" for consistency in the revised title. The word "records" is substituted for "books, documents, papers, or records" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
1985—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
Executive Documents
Ex. Ord. No. 10253. Provisions for Improvement of Work of Federal Executive Agencies With Respect to Statistical Information
Ex. Ord. No. 10253, June 11, 1951, 16 F.R. 5605, as amended by Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug. 12, 1981, 46 F.R. 42833, provided:
(a) To achieve an adequate program of statistical work in the agencies of the executive branch, in relation to over-all needs for statistical information, including the filling of gaps and overcoming of weaknesses in presently available statistical information.
(b) To achieve the most effective use of resources available for statistical work by the agencies, in relation to over-all needs.
(c) To minimize the burden upon those furnishing statistical data needed by the various Federal agencies.
(d) To improve the reliability and timeliness of statistical information.
(e) To achieve maximum comparability among the several statistical series and studies.
(f) To improve the presentation of statistical information and of explanations regarding the sources and reliability of such information, and regarding the limitations on the uses that can appropriately be made of it.
§1105. Budget contents and submission to Congress
(a) On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
(11) other financial information the President decides is desirable to explain in practicable detail the financial condition of the Government.
(12) for each proposal in the budget for legislation that would establish or expand a Government activity or function, a table showing—
(A) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; and
(B) the estimated appropriation required because of the proposal for each of the 4 fiscal years after that year that the proposal will be in effect.
(13) an allowance for additional estimated expenditures and proposed appropriations for the fiscal year for which the budget is submitted.
(14) an allowance for unanticipated uncontrollable expenditures for that year.
(15) a separate statement on each of the items referred to in section 301(a)(1)–(5) of the Congressional Budget Act of 1974 (
(16) the level of tax expenditures under existing law in the tax expenditures budget (as defined in section 3(a)(3) of the Congressional Budget Act of 1974 (
(17) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for grants, contracts, and other payments under each program for which there is an authorization of appropriations for that following fiscal year when the appropriations are authorized to be included in an appropriation law for the fiscal year before the fiscal year in which the appropriation is to be available for obligation.
(18) a comparison of the total amount of budget outlays for the prior fiscal year, estimated in the budget submitted for that year, for each major program having relatively uncontrollable outlays with the total amount of outlays for that program in that year.
(19) a comparison of the total amount of receipts for the prior fiscal year, estimated in the budget submitted for that year, with receipts received in that year, and for each major source of receipts, a comparison of the amount of receipts estimated in that budget with the amount of receipts from that source in that year.
(20) an analysis and explanation of the differences between each amount compared under clauses (18) and (19) of this subsection.
(21) a horizontal budget showing—
(A) the programs for meteorology and of the National Climate Program established under section 5 of the National Climate Program Act (
(B) specific aspects of the program of, and appropriations for, each agency; and
(C) estimated goals and financial requirements.
(22) a statement of budget authority, proposed budget authority, budget outlays, and proposed budget outlays, and descriptive information in terms of—
(A) a detailed structure of national needs that refers to the missions and programs of agencies (as defined in
(B) the missions and basic programs.
(23) separate appropriation accounts for appropriations under the Occupational Safety and Health Act of 1970 (
(24) recommendations on the return of Government capital to the Treasury by a mixed-ownership corporation (as defined in
(25) a separate appropriation account for appropriations for each Office of Inspector General of an establishment defined under
(26) a separate statement of the amount of appropriations requested for the Office of National Drug Control Policy and each program of the National Drug Control Program.
(27) a separate statement of the amount of appropriations requested for the Office of Federal Financial Management.
(28) beginning with fiscal year 1999, a Federal Government performance plan for the overall budget as provided for under section 1115.
(29) information about the Violent Crime Reduction Trust Fund, including a separate statement of amounts in that Trust Fund.
(30) an analysis displaying, by agency, proposed reductions in full-time equivalent positions compared to the current year's level in order to comply with section 5 of the Federal Workforce Restructuring Act of 1994.
(31) a separate statement of the amount of appropriations requested for the Chief Financial Officer in the Executive Office of the President.
(32) a statement of the levels of budget authority and outlays for each program assumed to be extended in the baseline as provided in section 257(b)(2)(A) and for excise taxes assumed to be extended under section 257(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(33) a separate appropriation account for appropriations for the Council of the Inspectors General on Integrity and Efficiency, and, included in that account, a separate statement of the aggregate amount of appropriations requested for each academy maintained by the Council of the Inspectors General on Integrity and Efficiency.
(34) with respect to the amount of appropriations requested for use by the Export-Import Bank of the United States, a separate statement of the amount requested for its program budget, the amount requested for its administrative expenses, and of the amount requested for its administrative expenses, the amount requested for technology expenses.
(35)(A)(i) a detailed, separate analysis, by budget function, by agency, and by initiative area (as determined by the administration) for the prior fiscal year, the current fiscal year, the fiscal years for which the budget is submitted, and the ensuing fiscal year identifying the amounts of gross and net appropriations or obligational authority and outlays that contribute to cybersecurity, with separate displays for mandatory and discretionary amounts, including—
(I) summaries of the total amount of such appropriations or new obligational authority and outlays requested for cybersecurity;
(II) an estimate of the current service levels of cybersecurity spending;
(III) the most recent risk assessment and summary of cybersecurity needs in each initiative area (as determined by the administration); and
(IV) an estimate of user fees collected by the Federal Government on behalf of cybersecurity activities;
(ii) with respect to subclauses (I) through (IV) of clause (i), amounts shall be provided by account for each program, project and activity; and
(iii) an estimate of expenditures for cybersecurity activities by State and local governments and the private sector for the prior fiscal year and the current fiscal year.
(B) Prior to implementing this paragraph, including determining what Federal activities or accounts constitute cybersecurity for purposes of budgetary classification, the Office of Management and Budget shall consult with the Committees on Appropriations and the Committees on the Budget of the House of Representatives and the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate.
(36) as supplementary materials, a separate analysis of the budgetary effects for all prior fiscal years, the current fiscal year, the fiscal year for which the budget is submitted, and ensuing fiscal years of the actions the Secretary of the Treasury has taken or plans to take using any authority provided in the Emergency Economic Stabilization Act of 2008, including—
(A) an estimate of the current value of all assets purchased, sold, and guaranteed under the authority provided in the Emergency Economic Stabilization Act of 2008 using methodology required by the Federal Credit Reform Act of 1990 (
(B) an estimate of the deficit, the debt held by the public, and the gross Federal debt using methodology required by the Federal Credit Reform Act of 1990 and section 123 of the Emergency Economic Stabilization Act of 2008;
(C) an estimate of the current value of all assets purchased, sold, and guaranteed under the authority provided in the Emergency Economic Stabilization Act of 2008 calculated on a cash basis;
(D) a revised estimate of the deficit, the debt held by the public, and the gross Federal debt, substituting the cash-based estimates in subparagraph (C) for the estimates calculated under subparagraph (A) pursuant to the Federal Credit Reform Act of 1990 and section 123 of the Emergency Economic Stabilization Act of 2008; and
(E) the portion of the deficit which can be attributed to any action taken by the Secretary using authority provided by the Emergency Economic Stabilization Act of 2008 and the extent to which the change in the deficit since the most recent estimate is due to a reestimate using the methodology required by the Federal Credit Reform Act of 1990 and section 123 of the Emergency Economic Stabilization Act of 2008.
(37) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs:
(A) Veterans Benefits Administration, Compensation and Pensions.
(B) Veterans Benefits Administration, Readjustment Benefits.
(C) Veterans Benefits Administration, Veterans Insurance and Indemnities.
(D) Veterans Health Administration, Medical Services.
(E) Veterans Health Administration, Medical Support and Compliance.
(F) Veterans Health Administration, Medical Facilities.
(G) Veterans Health Administration, Medical Community Care.
(38) a separate statement for the Crow Settlement Fund established under section 411 of the Crow Tribe Water Rights Settlement Act of 2010, which shall include the estimated amount of deposits into the Fund, obligations, and outlays from the Fund.
(39) the list of plans and reports, as provided for under section 1125, that agencies identified for elimination or consolidation because the plans and reports are determined outdated or duplicative of other required plans and reports.
(b) Estimated expenditures and proposed appropriations for the legislative branch and the judicial branch to be included in each budget under subsection (a)(5) of this section shall be submitted to the President before October 16 of each year and included in the budget by the President without change.
(c) The President shall recommend in the budget appropriate action to meet an estimated deficiency when the estimated receipts for the fiscal year for which the budget is submitted (under laws in effect when the budget is submitted) and the estimated amounts in the Treasury at the end of the current fiscal year available for expenditure in the fiscal year for which the budget is submitted, are less than the estimated expenditures for that year. The President shall make recommendations required by the public interest when the estimated receipts and estimated amounts in the Treasury are more than the estimated expenditures.
(d) When the President submits a budget or supporting information about a budget, the President shall include a statement on all changes about the current fiscal year that were made before the budget or information was submitted.
(e)(1) The President shall submit with materials related to each budget transmitted under subsection (a) on or after January 1, 1985, an analysis for the ensuing fiscal year that shall identify requested appropriations or new obligational authority and outlays for each major program that may be classified as a public civilian capital investment program and for each major program that may be classified as a military capital investment program, and shall contain summaries of the total amount of such appropriations or new obligational authority and outlays for public civilian capital investment programs and summaries of the total amount of such appropriations or new obligational authority and outlays for military capital investment programs. In addition, the analysis under this paragraph shall contain—
(A) an estimate of the current service levels of public civilian capital investment and of military capital investment and alternative high and low levels of such investments over a period of ten years in current dollars and over a period of five years in constant dollars;
(B) the most recent assessment analysis and summary, in a standard format, of public civilian capital investment needs in each major program area over a period of ten years;
(C) an identification and analysis of the principal policy issues that affect estimated public civilian capital investment needs for each major program; and
(D) an identification and analysis of factors that affect estimated public civilian capital investment needs for each major program, including but not limited to the following factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for operation and maintenance;
(iv) estimates of expenditures for similar investments by State and local governments; and
(v) estimates of demand for public services derived from such capital investments and estimates of the service capacity of such investments.
To the extent that any analysis required by this paragraph relates to any program for which Federal financial assistance is distributed under a formula prescribed by law, such analysis shall be organized by State and within each State by major metropolitan area if data are available.
(2) For purposes of this subsection, any appropriation, new obligational authority, or outlay shall be classified as a public civilian capital investment to the extent that such appropriation, authority, or outlay will be used for the construction, acquisition, or rehabilitation of any physical asset that is capable of being used to produce services or other benefits for a number of years and is not classified as a military capital investment under paragraph (3). Such assets shall include (but not be limited to)—
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related facilities,
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
(3) For purposes of this subsection, any appropriation, new obligational authority, or outlay shall be classified as a military capital investment to the extent that such appropriation, authority, or outlay will be used for the construction, acquisition, or rehabilitation of any physical asset that is capable of being used to produce services or other benefits for purposes of national defense and security for a number of years. Such assets shall include military bases, posts, installations, and facilities.
(4) Criteria and guidelines for use in the identification of public civilian and military capital investments, for distinguishing between public civilian and military capital investments, and for distinguishing between major and nonmajor capital investment programs shall be issued by the Director of the Office of Management and Budget after consultation with the Comptroller General and the Congressional Budget Office. The analysis submitted under this subsection shall be accompanied by an explanation of such criteria and guidelines.
(5) For purposes of this subsection—
(A) the term "construction" includes the design, planning, and erection of new structures and facilities, the expansion of existing structures and facilities, the reconstruction of a project at an existing site or adjacent to an existing site, and the installation of initial and replacement equipment for such structures and facilities;
(B) the term "acquisition" includes the addition of land, sites, equipment, structures, facilities, or rolling stock by purchase, lease-purchase, trade, or donation; and
(C) the term "rehabilitation" includes the alteration of or correction of deficiencies in an existing structure or facility so as to extend the useful life or improve the effectiveness of the structure or facility, the modernization or replacement of equipment at an existing structure or facility, and the modernization of, or replacement of parts for, rolling stock.
(f) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared in a manner consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 that apply to that and subsequent fiscal years.
(g)(1) The Director of the Office of Management and Budget shall establish the funding for advisory and assistance services for each department and agency as a separate object class in each budget annually submitted to the Congress under this section.
(2)(A) In paragraph (1), except as provided in subparagraph (B), the term "advisory and assistance services" means the following services when provided by nongovernmental sources:
(i) Management and professional support services.
(ii) Studies, analyses, and evaluations.
(iii) Engineering and technical services.
(B) In paragraph (1), the term "advisory and assistance services" does not include the following services:
(i) Routine automated data processing and telecommunications services unless such services are an integral part of a contract for the procurement of advisory and assistance services.
(ii) Architectural and engineering services, as defined in
(iii) Research on basic mathematics or medical, biological, physical, social, psychological, or other phenomena.
(h)(1) If there is a medicare funding warning under section 801(a)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 made in a year, the President shall submit to Congress, within the 15-day period beginning on the date of the budget submission to Congress under subsection (a) for the succeeding year, proposed legislation to respond to such warning.
(2) Paragraph (1) does not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue medicare funding (as defined in section 801(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003) for the 7-fiscal-year reporting period, as certified by the Board of Trustees of each medicare trust fund (as defined in section 801(c)(5) of such Act) not later than 30 days after the date of the enactment of such legislation.
(i)(1) The Director of the Office of Management and Budget shall make publicly available on a website, and continuously update, a tabular list for each fiscal year of each agency that submits budget justification materials, which shall include—
(A) the name of the agency;
(B) a unique identifier that identifies the agency;
(C) to the extent practicable, the date on which the budget justification materials of the agency are first submitted to Congress;
(D) the date on which the budget justification materials of the agency are posted online under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (
(E) the uniform resource locator where the budget justification materials are published on the website of the agency; and
(F) a single data set that contains the information described in subparagraphs (A) through (E) with respect to the agency for all fiscal years for which budget justifications of the agency are made available under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (
(2)(A) Each agency that submits budget justification materials shall make the materials available on the website of the agency, in accordance with the policies established by the Director of the Office of Management and Budget under subparagraph (B).
(B) Not later than 1 year after the date of enactment of this subsection, the Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, shall establish policies and data standards for agencies relating to making available materials under subparagraph (A), which shall include guidelines for making budget justification materials available in a format aligned with the requirements of section 3(b)(2)(C) of the Federal Funding Accountability and Transparency Act of 2006 (
(C) If the Director of the Office of Management and Budget maintains a public website that contains the budget of the United States Government submitted under subsection (a) and any related materials, such website shall also contain a link to the tabular list required under paragraph (1).
(3) In this subsection, the term "budget justification materials" has the meaning given that term in section 3(b)(2) of the Federal Funding Accountability and Transparency Act of 2006 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1105(a) (1)–(14) | 31:11(a)(less (5)(words after 2d comma)). | June 10, 1921, ch. 18, §201(a), |
| 31:19. | June 10, 1921, ch. 18, §211, |
|
| 1105(a)(15) | 31:11(d). | June 10, 1921, ch. 18, |
| 1105(a)(16) | 31:11(e). | |
| 1105(a)(17) | 31:11(h). | |
| 1105(a) (18)–(20) | 31:11(f). | |
| 1105(a)(21) | 31:25 | Oct. 18, 1962, |
| 1105(a)(22) | 31:11(i)(1st sentence). | |
| 1105(a)(23) | 31:11(note). | Nov. 9, 1977, |
| 1105(a)(24) | 31:859. | Dec. 6, 1945, ch. 557, §204, |
| 1105(b) | 28:605(last par.). | |
| 31:11(a)(5)(words after 2d comma). | ||
| 1105(c) | 31:13. | June 10, 1921, ch. 18, §202, |
| 1105(d) | 31:11(g)(last sentence). |
In the section, the word "current" is substituted for "in progress", and the word "prior" is substituted for "last completed", for consistency in the revised title.
In subsection (a), before clause (1), the text of 31:19 is omitted as superseded by the broader authority of 31:11(a)(5). The words "for the following fiscal year" are added for clarity. The words "summary and supporting information" are substituted for "summary data and text, and supporting detail" in the introductory matter of 31:11(a) for consistency. The words "in such form and detail as the President may determine" are omitted as unnecessary because of the authority of the President under section 1104(a) of the revised title to prepare the budget. The words "The President shall . . . in each budget the following" are substituted for "The Budget transmitted pursuant to subsection (a) of this section for each fiscal year shall" in 31:11(d)–(f), (h), and (i) because of the restatement. The word "President" is substituted for "Office of Management and Budget" in 31:25 because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (a)(1), the words "information on" are added for clarity.
In subsection (a)(2), the word "Government" is added for clarity.
In subsection (a)(3), the word "information" is substituted for "data" for consistency.
In subsection (a)(5) and (6), the words "fiscal year for which the budget is submitted" are substituted for "ensuing fiscal year" the first time they appear for clarity. The words "the 4 fiscal years after that year" are substituted for "projections for the four fiscal years immediately following the ensuing fiscal year" to eliminate unnecessary words.
In subsection (a)(6), the words "proposals . . . to increase revenues" are substituted for "revenue proposals" for consistency in the revised title.
In subsection (a)(7), the word "actual" is omitted as surplus.
In subsection (a)(8), the words "appropriations and" are substituted for "actual or" for clarity.
In subsection (a)(9), the words "fiscal year for which the budget is submitted" are substituted for "ensuing fiscal year" for clarity.
In subsection (a)(10), the words "bonded and other" are omitted as surplus.
In subsection (a)(11), the words "information the President decides" are substituted for "statements and data as in his opinion" for clarity and consistency. The word "desirable" is substituted for "necessary or desirable" and the words "to explain" are substituted for "in order to make known", to eliminate unnecessary words.
In subsection (a)(12), before subclause (A), the word "legislation" is substituted for "new or additional legislation" to eliminate unnecessary words. The words "activity or function" are substituted for "function, activity, or authority" for consistency. The words "in addition to those functions, activities, and authorities then existing or as then being administered and operated" are omitted as surplus.
In subsection (a)(16), the words "fiscal year for which the budget is submitted" are substituted for "such fiscal year" for clarity.
In subsection (a)(17), the words "fiscal year following the fiscal year for which the budget is submitted" are substituted for "next succeeding fiscal year", the words "that following fiscal year" are substituted for "such succeeding fiscal year", and the words "fiscal year before" are substituted for "fiscal year preceding", for clarity and consistency.
In subsection (a)(18), the words "uncontrollable or" are omitted as being included in "relatively uncontrollable".
In subsection (a)(19) and (20), the word "receipts" is substituted for "revenues" for consistency in the revised title.
Subsection (a)(20) is substituted for 31:11(f)(3) to eliminate unnecessary words.
In subsection (a)(21), the words "the totality of" are omitted as surplus.
In subsection (a)(22), the words "budget outlays" are substituted for "outlays" for consistency. The words "beginning with the fiscal year ending September 30, 1979" are omitted as executed.
In subsection (a)(23), the words "for appropriations" are substituted for "amounts required for appropriations" to eliminate unnecessary words. The words "for mine health and safety" and "for occupational safety and health" are omitted as unnecessary because of the restatement.
In subsection (a)(24), the words "(as defined in
In subsection (b), the words "for such years" in 31:11(a)(5)(words after 2d comma) are omitted because of the restatement. The words "of the United States" and "by him" are omitted as surplus. The words "to be included in each budget under subsection (a)(5) of this section" are added because of the restatement. The words "before October 16" are substituted for "on or before October 15", and the word "change" is substituted for "revision", for consistency.
In subsection (c), the words "new taxes, loans, or other" are omitted as being included in "appropriate action". The words "in effect" are substituted for "existing" for consistency. The word "aggregate" is omitted as surplus.
In subsection (d), the words "When the President submits a budget or supporting information about a budget, the President" are substituted for "The Budget transmitted pursuant to subsection (a) of this section for any fiscal year, or the supporting detail transmitted in connection therewith" because of the restatement. The word "changes" is substituted for "amendments and revisions" to eliminate unnecessary words.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1105(a)(25) | 31 App.:11(k)(1). | June 10, 1921, ch. 18, |
The words "The President shall include in the supporting detail accompanying each Budget" are omitted as being included in the introductory provisions of 31:1105(a). The words "submitted on or after January 1, 1983" are omitted as executed. The words "by the President" and "if any" are omitted as surplus.
Editorial Notes
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(23), is
The Federal Mine Safety and Health Act of 1977, referred to in subsec. (a)(23), is
Section 5 of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (a)(30), is section 5 of
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a)(32) and (f), is title II of
The Emergency Economic Stabilization Act of 2008, referred to in subsec. (a)(36), is div. A of
The Federal Credit Reform Act of 1990, referred to in subsec. (a)(36), is title V of
Section 411 of the Crow Tribe Water Rights Settlement Act of 2010, referred to in subsec. (a)(38), is section 411 of
Section 801 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, referred to in subsec. (h), is section 801 of
Section 3 of the Federal Funding Accountability and Transparency Act of 2006, referred to in subsec. (i), is section 3 of
The date of enactment of this subsection, referred to in subsec. (i)(2)(B), is the date of enactment of
Amendments
2022—Subsec. (a)(25).
2021—Subsec. (i).
2017—Subsec. (a)(35).
Subsec. (a)(35)(B).
Subsec. (a)(35)(C).
2016—Subsec. (a)(37)(G).
2014—Subsec. (a)(37).
Subsec. (a)(39).
2011—Subsec. (a)(33), (35).
Subsec. (a)(37).
2010—Subsec. (a)(33), (35).
Subsec. (a)(36) to (38).
2009—Subsec. (a)(36).
2008—Subsec. (a)(33).
Subsec. (a)(35).
2003—Subsec. (g)(2)(B)(ii).
Subsec. (h).
2002—Subsec. (a)(33).
Subsec. (a)(34).
Subsec. (g)(2)(B)(ii).
2000—Subsec. (a)(33).
1999—Subsec. (a)(31).
1998—Subsec. (a)(26).
1997—Subsec. (a)(32).
1996—Subsecs. (a)(26) to (31).
1994—Subsec. (a)(26), (27).
Subsec. (a)(30), (31).
Subsec. (g).
1993—Subsec. (a)(29).
1990—Subsec. (a).
Subsec. (a)(28).
Subsec. (f).
"(f)(1) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared on the basis of the best estimates then available, in such a manner as to ensure that the deficit for such fiscal year shall not exceed the maximum deficit amount for such fiscal year as determined under paragraph (7) of section 3 of the Congressional Budget and Impoundment Control Act of 1974.
"(2) The deficit set forth in the budget so transmitted for any fiscal year shall not exceed the maximum deficit amount for such fiscal year as determined under paragraph (7) of section 3 of the Congressional Budget and Impoundment Control Act of 1974, with budget outlays and Federal revenues at such levels as the President may consider most desirable and feasible.
"(3) The budget transmitted pursuant to subsection (a) for a fiscal year shall include a budget baseline estimate made in accordance with section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 and using economic and technical assumptions consistent with the current services budget submitted under section 1109 for the fiscal year. If such budget baseline estimate differs from the estimate in the current services budget, the President shall explain the differences. The budget transmitted pursuant to subsection (a) for such fiscal year shall include the information required by section 251(a)(2) of such Act (other than account-level detail) assuming that the deficit in such budget baseline were the amount estimated by the Director of the Office of Management and Budget on August 25 of the calendar year in which the fiscal year begins.
"(4) Paragraphs (1) and (2) shall not apply with respect to fiscal year 1989 if the budget transmitted for such fiscal year provides for deficit reduction from a budget baseline deficit for such fiscal year (as defined by section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 and based on laws in effect on January 1, 1988) equal to or greater than $36,000,000,000.
"(5) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect."
1988—Subsec. (a)(25).
Subsec. (a)(26).
"(A) the amount of borrowing by the Government in private credit markets;
"(B) net domestic savings (defined as personal savings, corporate savings, and the fiscal surplus of State and local governments);
"(C) net private domestic investment;
"(D) the merchandise trade and current accounts;
"(E) the net increase or decrease in foreign indebtedness (defined as net foreign investment); and
"(F) the estimated direction and extent of the influence of the Government's borrowing in private credit markets on United States dollar interest rates and on the real effective exchange rate of the United States dollar."
See Effective and Termination Dates of 1988 Amendments note below.
1987—Subsec. (f)(3) to (5).
1985—Subsec. (a).
Subsec. (f).
1984—Subsec. (e).
1983—Subsec. (a)(25).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Effective Date of 2016 Amendment
Effective Date of 2008 Amendment
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective and Termination Dates of 1988 Amendments
Amendment by
Section 5303 of
Amendment by
Effective and Termination Dates of 1985 Amendment
Amendment of subsec. (a) and enactment of subsec. (f) of this section by
Repeal on Failure To Meet Enforceability Date
"(1) this title [see Short Title of 2010 Amendment note set out under
"(2) any action taken by the Secretary and any contract or agreement pursuant to the authority provided under any provision of this title shall be void;
"(3) any amounts made available under section 414 [
"(4) any amounts made available under section 414 that remain unexpended shall immediately revert to the general fund of the Treasury; and
"(5) the United States shall be entitled to set off against any claims asserted by the Tribe against the United States relating to water rights—
"(A) any funds expended or withdrawn from the amounts made available pursuant to this title; and
"(B) any funds made available to carry out the activities authorized in this title from other authorized sources."
[For definitions of terms used in section 415 of
[For notice of statement of findings under section 410(e) of
Construction of 1993 Amendment
Amendment made by
Reports on Outstanding Government Accountability Office and Inspector General Recommendations
"(a)
"(1) a designated Federal entity, as defined in section 8G(a)(2) of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see
"(2) an establishment, as defined in section 12(2) of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see
"(3) legislative branch agencies, including the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, and the United States Capitol Police.
"(b)
"(1) a report listing each public recommendation of the Government Accountability Office that is designated by the Government Accountability Office as 'open' or 'closed, unimplemented' for a period of not less than 1 year preceding the date on which the annual budget justification is submitted;
"(2) a report listing each public recommendation for corrective action from the Office of Inspector General of the agency that—
"(A) was published not less than 1 year before the date on which the annual budget justification is submitted; and
"(B) for which no final action was taken as of the date on which the annual budget justification is submitted; and
"(3) a report on the implementation status of each public recommendation described in paragraphs (1) and (2), which shall include—
"(A) with respect to a public recommendation that is designated by the Government Accountability Office as 'open' or 'closed, unimplemented'—
"(i) that the agency has decided not to implement, a detailed justification for the decision; or
"(ii) that the agency has decided to adopt, a timeline for full implementation, to the extent practicable, if the agency determines that the recommendation has clear budget implications;
"(B) with respect to a public recommendation for corrective action from the Office of Inspector General of the agency for which no final action or action not recommended has been taken, an explanation of the reasons why no final action or action not recommended was taken with respect to each audit report to which the public recommendation for corrective action pertains;
"(C) with respect to an outstanding unimplemented public recommendation from the Office of Inspector General of the agency that the agency has decided to adopt, a timeline for implementation;
"(D) an explanation for any discrepancy between—
"(i) the reports submitted under paragraphs (1) and (2);
"(ii) the semiannual reports submitted by the Office of Inspector General of the agency under section 5 of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see
"(iii) reports submitted by the Government Accountability Office relating to public recommendations that are designated by the Government Accountability Office as 'open' or 'closed, unimplemented'; and
"(E) for the first 12 months after a public recommendation is made, if the agency is determining whether to implement the public recommendation, a statement describing that the agency is doing so, which shall exempt the agency from the requirements under subparagraphs (B) and (C) with respect to that public recommendation.
"(c)
Annual Agency Reports Required
Administrative Expenses of Executive Branch Entities; Separate Categories
"(a)
"(1)
"(2)
"(A) means an agency as defined under
"(B) shall not include the District of Columbia government.
"(3)
"(b)
"(1)
"(2)
"(c)
Consultation
Procedures in the House of Representatives
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or
"(B) any bill the title of which is as follows: 'A bill to respond to a medicare funding warning.'.
"(3)
"(A) whether or not such legislation eliminates excess general revenue medicare funding (as defined in section 801(c) [set out as a note under
"(B) with respect to such an amendment, whether the legislation, as amended, would eliminate excess general revenue medicare funding (as defined in section 801(c)) for each fiscal year in such 7-fiscal-year reporting period.
"(c)
"(1) After July 30 of any year during which the President is required to submit proposed legislation to Congress under
"(2) A motion to discharge may be made only by an individual favoring the legislation, may be made only if supported by one-fifth of the total membership of the House (a quorum being present), and is highly privileged in the House. Debate thereon shall be limited to not more than one hour, the time to be divided in the House equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
"(3) Only one motion to discharge a particular committee may be adopted under this subsection in any session of a Congress.
"(4) Notwithstanding paragraph (1), it shall not be in order to move to discharge a committee from further consideration of medicare funding legislation pursuant to this subsection during a session of a Congress if, during the previous session of the Congress, the House passed medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A).
"(d)
"(1) In the House, not later than 3 legislative days after any committee has been discharged from further consideration of legislation under subsection (c), the Speaker shall resolve the House into the Committee of the Whole for consideration of the legislation.
"(2) The first reading of the legislation shall be dispensed with. All points of order against consideration of the legislation are waived. General debate shall be confined to the legislation and shall not exceed five hours, which shall be divided equally between those favoring and those opposing the legislation. After general debate the legislation shall be considered for amendment under the five-minute rule. During consideration of the legislation, no amendments shall be in order in the House or in the Committee of the Whole except those for which there has been an affirmative certification under subsection (b)(3)(B). All points of order against consideration of any such amendment in the Committee of the Whole are waived. The legislation, together with any amendments which shall be in order, shall be considered as read. During the consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of Rule XVIII of the Rules of the House of Representatives. Debate on any amendment shall not exceed one hour, which shall be divided equally between those favoring and those opposing the amendment, and no pro forma amendments shall be offered during the debate. The total time for debate on all amendments shall not exceed 10 hours. At the conclusion of consideration of the legislation for amendment, the Committee shall rise and report the legislation to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the legislation and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House shall, immediately after the third daily order of business under clause 1 of Rule XIV of the Rules of the House of Representatives, resolve into the Committee of the Whole for further consideration of the bill.
"(3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any such legislation shall be decided without debate.
"(4) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any such legislation and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances.
"(e)
"(f)
"(g)
"(1) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of that House and shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of that House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House."
Procedures in the Senate
"(a)
"(1)
"(2)
"(b)
"(1) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or
"(2) any bill the title of which is as follows: 'A bill to respond to a medicare funding warning.'.
"(c)
"(1)
"(A) is medicare funding legislation that is passed by the House of Representatives; or
"(B) contains matter within the jurisdiction of the Committee on Finance in the Senate.
"(2)
"(d)
"(1)
"(2)
"(3)
"(4)
"(e)
"(f)
"(1) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
"(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate."
[For definition of "7-fiscal-year reporting period" as used in section 804 of
Transportation Security Administration
[For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
Annual Statement and Report on Rules and Regulations
"(a)
"(1) an estimate of the total annual costs and benefits (including quantifiable and nonquantifiable effects) of Federal rules and paperwork, to the extent feasible—
"(A) in the aggregate;
"(B) by agency and agency program; and
"(C) by major rule;
"(2) an analysis of impacts of Federal regulation on State, local, and tribal government, small business, wages, and economic growth; and
"(3) recommendations for reform.
"(b)
"(c)
"(1) measures of costs and benefits; and
"(2) the format of accounting statements.
"(d)
Similar provisions were contained in the following prior appropriation acts:
Federal Motor Carrier Safety Administration
Administrative Expenses of Legislative Branch Entities; Separate Categories; Compliance Reporting
Separate Object Class for Consulting Services in Annual Budgets
NASA Triennial Budget Requests and Estimates
Two-Year Budget Cycle for Coast Guard
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
"(a)
"(b)
"(c)
"(1) the Secretary's views on the advantages and disadvantages of operating the Coast Guard on a 2-year budget cycle;
"(2) the Secretary's plans for converting to a 2-year budget cycle; and
"(3) a description of any impediments (statutory or otherwise) to converting the operations of the Coast Guard to a 2-year budget cycle beginning with fiscal year 1990."
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Water and Sewer Services Furnished to Government Facilities in District of Columbia
Two-Year Budget Cycle for Department of Defense
Federal Capital Investment Program; Congressional Statement of Purposes
"(1) to provide budget projections for major Federal capital investment programs;
"(2) to provide a summary of the most recent needs assessment analyses for these programs;
"(3) to provide information on the sensitivity of the needs estimates to major policy issues and technical and economic variables;
"(4) to assist the planning capabilities of State and local governments on the assessment of major capital investment programs; and
"(5) to improve legislative oversight over Federal capital investment programs."
Deficit Reduction Fund
For provisions requiring information about Deficit Reduction Fund, including a separate statement of amounts in and Federal debt redeemed by that Fund to be included in budget transmitted under this section, see Ex. Ord. No. 12858, §3, Aug. 4, 1993, 58 F.R. 42185, set out as a note under
Budget Control
For provisions requiring annual review of direct spending and receipts to be part of each budget submitted under subsec. (a) of this section, see Ex. Ord. No. 12857, §3, Aug. 4, 1993, 58 F.R. 42181, formerly set out as a note under
Executive Documents
Ex. Ord. No. 6715. Filing of Functional Organization Charts With the Director of the Bureau of the Budget
Ex. Ord. No. 6715, May 23, 1934, provided in part:
(1) Each executive department, independent establishment, and emergency agency shall file with the Director of the Bureau of the Budget [now Director of Office of Management and Budget] a functional organization chart, indicating its various existing bureaus, divisions, sections, etc., and containing a description of the functions respectively performed, and shall file such additional charts from time to time, as may be necessary to show all changes made therein.
(2) Every executive department, independent establishment, and emergency agency hereafter created shall within 5 days after the appointment of the head thereof file a preliminary functional organization chart with the Director of the Bureau of the Budget.
(3) The Director of the Bureau of the Budget is hereby authorized to prescribe, subject to the approval of the President, such rules and regulations as will indicate the information desired and the form of chart to be furnished.
Franklin D. Roosevelt.
Assignment of Function Regarding Medicare Funding
Memorandum of the President of the United States, Feb. 14, 2008, 73 F.R. 9169, provided:
Memorandum for the Secretary of Health and Human Services
By the authority vested in me as President by the Constitution and the laws of the United States, including
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
§1106. Supplemental budget estimates and changes
(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
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1106(a) | 31:11(b), (c). | June 10, 1921, ch. 18, |
| 1106(b) | 31:11(g)(1st–3d sentences). | June 10, 1921, ch. 18, |
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
Amendments
1985—Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1985 Amendment
Amendment by
§1107. Deficiency and supplemental appropriations
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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1107 | 31:14. | June 10, 1921, ch. 18, §203, |
In the section, the words "reach an aggregate which" are omitted as surplus.
Editorial Notes
Amendments
2011—
§1108. Preparation and submission of appropriations requests to the President
(a) In this section (except subsections (b)(1) and (e)), "agency" means a department, agency, or instrumentality of the United States Government.
(b)(1) The head of each agency shall prepare and submit to the President each appropriation request for the agency. The request shall be prepared and submitted in the form prescribed by the President under this chapter and by the date established by the President. When the head of an agency does not submit a request by that date, the President shall prepare the request for the agency to be included in the budget or changes in the budget or as deficiency and supplemental appropriations. The President may change agency appropriation requests. Agency appropriation requests shall be developed from cost-based budgets in the way and at times prescribed by the President. The head of the agency shall use the cost-based budget to administer the agency and to divide appropriations or amounts.
(2) An officer or employee of an agency in the executive branch may submit to the President or Congress a request for legislation authorizing deficiency or supplemental appropriations for the agency only with the approval of the head of the agency.
(c) The head of an agency shall include with an appropriation request submitted to the President a report that the statement of obligations submitted with the request contains obligations consistent with
(1) in a form that makes audits and reconciliations easy; and
(2) for a period necessary to carry out audits and reconciliations.
(d) To the extent practicable, the head of an agency shall—
(1) provide information supporting the agency's budget request for its missions by function and subfunction (including the mission of each organizational unit of the agency); and
(2) relate the agency's programs to its missions.
(e) Except as provided in subsection (f) of this section, an officer or employee of an agency (as defined in
(f) The Interstate Commerce Commission shall submit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the President or the Office of Management and Budget. An officer of an agency may not impose conditions on or impair communication by the Commission with Congress, or a committee or member of Congress, about the information.
(g) Amounts available under law are available for field examinations of appropriation estimates. The use of the amounts is subject only to regulations prescribed by the appropriate standing committees of Congress.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1108(a) | (no source). | |
| 1108(b)(1) | 31:16(last sentence related to appropriations requests). | June 10, 1921, ch. 18, §207(last sentence related to appropriations requests), |
| 31:22, 23. | June 10, 1921, ch. 18, §§214, 215, |
|
| 31:24(a). | June 10, 1921, ch. 18, §216(a), |
|
| 31:24(b), (c). | June 10, 1921, ch. 18, |
|
| 1108(b)(2) | 31:581b. | Sept. 12, 1950, ch. 946, §201, |
| 1108(c) | 31:200(b). | Aug. 26, 1954, ch. 935, §1311(b), |
| 31:200(c). | Aug. 26, 1954, ch. 935, §1311(c), |
|
| 1108(d) | 31:11(i)(last sentence). | June 10, 1921, ch. 18, |
| 1108(e) | 31:15. | June 10, 1921, ch. 18, §206, |
| 1108(f) | 31:11(j). | June 10, 1921, ch. 18, |
| 1108(g) | 31:22a. | Aug. 7, 1953, ch. 340, §1314, |
Subsection (a) is included because the source provisions restated in subsections (c), (d), (f), and (g) of the revised section are derived from laws that apply to all organizational units and branches of the United States Government rather than the units and branches included in the chapter-wide definition in section 1101.
In subsection (b)(1), the word "President" is substituted for "Office" in 31:16(last sentence) and "Office of Management and Budget" in 31:23 and 24(a) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (b)(2), the words "deficiency or supplemental appropriations" are substituted for "subsequent appropriations" for consistency. The words "the Office of Management and Budget" are omitted because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words "the agency" are substituted for "by such department or establishment, or by any organization unit thereof" to eliminate unnecessary words.
In subsection (c), before clause (1), the word "President" is substituted for "Office of Management and Budget" in 31:200(b) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words "submitted with the request contains obligations consistent with" are substituted for "furnished therewith consists of valid obligations as defined in" for clarity and because of the restatement. The words "The head of the agency shall support the report with a certification of the consistency" are substituted for "Each report made pursuant to subsection (b) of this section shall be supported by certifications" in 31:200(c) for clarity. The words "duty to make certifications" are substituted for "responsibility" for consistency.
In subsection (d)(1), the words "its missions" are substituted for "its assigned mission", and the words "the mission" are substituted for "mission responsibilities", to eliminate unnecessary words.
In subsection (d)(2), the word "mission" is substituted for "agency missions" to eliminate unnecessary words.
In subsection (e), the words "Except as provided in subsection (f) of this section" are added because of the restatement. The word "financial" is substituted for "revenue" for consistency in the revised title.
In subsection (f), the word "personnel" is substituted for "manpower", and the words "at the same time" are substituted for "concurrently", for clarity. The words "officer of an agency" are substituted for "officer or agency" as being more precise. The word "prohibit" is omitted as being included in "impose conditions on or impair". The word "communication" is substituted for "free communication" to eliminate a surplus word. The words "about the information" are substituted for "with respect to any budget estimate or request of the Commission" for consistency and to eliminate unnecessary words.
In subsection (g), the word "Amounts" is substituted for "Funds", the word "law" is substituted for "Act", and the words "regulations prescribed" are substituted for "regulations", for consistency in the revised title. The words "of Congress" are added for clarity.
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
§1109. Current programs and activities estimates
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1109(a) | 31:11a(a). | July 12, 1974, |
| 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
Amendments
1985—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§1110. Year-ahead requests for authorizing legislation
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1110 | 31:11c. | July 12, 1974, |
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.
§1111. Improving economy and efficiency
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1111 | 31:18. | June 10, 1921, ch. 18, §209, |
| 31:18a. | Sept. 12, 1950, ch. 946, §104, |
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,
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
§1112. Fiscal, budget, and program information
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1112(a) | 31:1157. | Oct. 26, 1970, |
| 1112(b) | 31:1151. | Oct. 26, 1970, |
| 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, |
| 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 441–455, 501, and 736 of the District of Columbia Self-Government and Governmental Reorganization Act (
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,
§1113. Congressional information
(a)(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
(b) When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
(c) In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory.
(d) To the extent they consider necessary, the Comptroller General and the Director of the Congressional Budget Office individually or jointly shall establish and maintain a file of information to meet recurring needs of Congress for fiscal, budget, and program information to carry out this section and
(e)(1) The Comptroller General shall—
(A) carry out a continuing program to identify the needs of committees and members of Congress for fiscal, budget, and program information to carry out this section and
(B) assist committees of Congress in developing their information needs;
(C) monitor recurring reporting requirements of Congress and committees; and
(D) make recommendations to Congress and committees for changes and improvements in those reporting requirements to meet information needs identified by the Comptroller General, to improve their usefulness to congressional users, and to eliminate unnecessary reporting.
(2) Before September 2 of each year, the Comptroller General shall report to Congress on—
(A) the needs identified under paragraph (1)(A) of this subsection;
(B) the relationship of those needs to existing reporting requirements;
(C) the extent to which reporting by the executive branch of the United States Government currently meets the identified needs;
(D) the changes to standard classifications necessary to meet congressional needs;
(E) activities, progress, and results of the program of the Comptroller General under paragraph (1)(B)–(D) of this subsection; and
(F) progress of the executive branch in the prior year.
(3) Before March 2 of each year, the Director of the Office of Management and Budget and the Secretary shall report to Congress on plans for meeting the needs identified under paragraph (1)(A) of this subsection, including—
(A) plans for carrying out changes to classifications to meet information needs of Congress;
(B) the status of information systems in the prior year; and
(C) the use of standard classifications.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1113(a) | 31:20. | June 10, 1921, ch. 18, §212, |
| 1113(b)–(d) | 31:1153(a)–(c). | Oct. 26, 1970, |
| 1113(e)(1) | 31:1152(c), (d). | Oct. 26, 1970, |
| 1113(e)(2) | 31:1152(e). | |
| 1113(e)(3) | 31:1152(f). |
In the section, the words "committee of Congress" are substituted for "committee of either House, of any joint committee of the two Houses" and variations of the substituted phrase to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the word "President" is substituted for "Office of Management and Budget" because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsections (b)–(d), the words "program information" are substituted for "program-related data and information" to eliminate unnecessary words.
In subsection (b)(1) and (3), the words "to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office" are omitted as unnecessary because of the restatement. In clause (1), the word "kind" is substituted for "nature" for consistency in the revised title. In clause (2), the words "that fiscal, budgetary, and program information" are substituted for "such data and information" because of the restatement.
In subsection (c), the word "inventory" is omitted as unnecessary. In clause (1), the word "develop" is omitted as being included in "establish". In clause (2), the word "obtaining" is substituted for "securing" as being more precise. In clause (3), the word "evaluating" is substituted for "appraising and analyzing" for clarity and to eliminate unnecessary words.
In subsection (d), the words "individually or jointly . . . file" are substituted for "central file or files" for clarity. The word "information" is substituted for "data and information", and the word "needs" is substituted for "requirements", for consistency in the section. The words "carry out" are substituted for "carry out the purposes of" because of the restatement. A cross reference to 31:1155–1156 is not included because those sections are not relevant to the information file described in the source provisions. The words "so that it is easier" are substituted for "facilitate" for clarity. The word "modern" is omitted as surplus.
In subsection (e)(1)(A), the word "specify" is omitted as being included in "identify". The words "carry out" are substituted for "support the objectives" for consistency. A cross reference to 31:1154–1156 is not included because those sections are not relevant to the continuing program described in the source provisions. In clause (B), the words "including such needs expressed in legislative requirements" are omitted as surplus. In clause (D), the word "duplicative" is omitted as being included in "unnecessary".
In subsection (e)(2), the words "Before September 2 of each year" are substituted for "On or before September 1, 1974, and each year thereafter" for consistency.
In subsection (e)(3), the words "Before March 2 of each year" are substituted for "On or before March 1, 1975, and each year thereafter" for consistency. The word "codes" is omitted as being included in "classifications". The words "information systems" are substituted for "systems", and the words "use of standard classifications" are substituted for "classification implementations", for consistency in the revised section.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1113(e)(2) | 31 App.:11(k)(2). | June 10, 1921, ch. 18, |
Editorial Notes
Amendments
1983—Subsec. (a).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements Contained in This Section
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under subsec. (e)(2)(A), (E), (3) of this section are listed on pages 9, 6, and 149, respectively), see section 3003 of
Oversight of Counterterrorism and Antiterrorism Activities; Report
Termination of Reporting Requirements
"(1)(A) Section 201(c)(2) of the Social Security Act (
"(B) Section 1817(b)(2) of the Social Security Act (
"(C) Section 1841(b)(2) of the Social Security Act (
"(2)(A) Section 221(c)(3)(C) of the Social Security Act (
"(B) Section 221(i)(3) of the Social Security Act (
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(1) Section 801(b) and (c) of the Department of Energy Organization Act (
"(2) Section 822(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (
"(3) Section 7(a) of the Marine Resources and Engineering Development Act of 1966 (
"(4) Section 206 of the National Aeronautics and Space Act of 1958 ([former] 42 U.S.C. 2476) [now
"(5) Section 404 of the Communications Satellite Act of 1962 ([former] 47 U.S.C. 744).
"(6) Section 205(a)(1) of the National Critical Materials Act of 1984 (
"(7) Section 17(c)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(8) Section 10(h) of the National Institute of Standards and Technology Act (
"(9) Section 212(f)(3) of the National Institute of Standards and Technology Authorization Act for Fiscal Year 1989 (
"(10) Section 11(g)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(11) Section 5(d)(9) of the National Climate Program Act (
"(12) Section 7 of the National Climate Program Act (
"(13) Section 703 of the Weather Service Modernization Act (
"(14) Section 118(d)(2) of the Federal Water Pollution Control Act (
"(15) Section 304(d) of the Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 (
"(16)
"(17) Section 303(c)(7) of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253(c)(7)) [see
"(18) Section 102(e)(7) of the Global Change Research Act of 1990 (
"(19) Section 5(b)(1)(C) and (D) of the Earthquake Hazards Reduction Act of 1977 (
"(20) Section 11(e)(6) of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(21)
"(22) Section 4(j)(1) of the National Science Foundation Act of 1950 (
"(23) Section 36(e) of the Science and Engineering Equal Opportunities Act (
"(24) Section 37 of the Science and Engineering Equal Opportunities Act (
"(25) Section 108 of the National Science Foundation Authorization Act for Fiscal Year 1986 (
"(26) Section 101(a)(2) of the High-Performance Computing Act of 1991 (
"(27) Section 3(a)(7) and (f) of the National Science Foundation Act of 1950 (
"(28) Section 7(a) of the National Science Foundation Authorization Act, 1977 (
"(29) Section 16 of the Federal Fire Prevention and Control Act of 1974 (
"(1) Section 3 of the Employment Act of 1946 (
"(2) Section 723 of the Defense Production Act of 1950 [
"(3) Section 603 of the Public Works and Economic Development Act of 1965 (
"(4) Section 7(o)(1) of the Department of Housing and Urban Development Act (
"(5) Section 540(c) of the National Housing Act (
"(6) Paragraphs (2) and (6) of section 808(e) of the Civil Rights Act of 1968 (
"(7) Section 1061 of the Housing and Community Development Act of 1992 (
"(8) Section 203(v) [now 203(w)] of the National Housing Act (
"(9) Section 802 of the Housing Act of 1954 (
"(10) Section 8 of the Department of Housing and Urban Development Act (
"(11) Section 1320 of the National Flood Insurance Act of 1968 (
"(12) Section 4(e)(2) of the Department of Housing and Urban Development Act (
"(13) Section 205(g) of the National Housing Act ([former] 12 U.S.C. 1711(g)).
"(14) Section 701(c)(1) of the International Financial Institutions Act ([former] 22 U.S.C. 262d(c)(1)).
"(15) Paragraphs (1) and (2) of
"(16) Section 18(f)(7) of the Federal Trade Commission Act (
"(17) Section 333 of the Revised Statutes of the United States (
"(18) Section 3(g) of the Home Owners' Loan Act ([former] 12 U.S.C. 1462a(g)).
"(19) Section 304 of the Appalachian Regional Development Act of 1965 (
"(20) Sections 2(b)(1)(A), 8(a), 8(c) [there is no 8(c)], 10(g)(1), and 11(c) of the Export-Import Bank Act of 1945 (
"(21) Section 17(a) of the Federal Deposit Insurance Act (
"(22) Section 13 of the Federal Financing Bank Act of 1973 (
"(23) Section 2B(d) of the Federal Home Loan Bank Act ([former] 12 U.S.C. 1422b(d)).
"(24) Section 1002(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [
"(25) Section 8 of the Fair Credit and Charge Card Disclosure Act of 1988 [
"(26) Section 136(b)(4)(B) of the Truth in Lending Act (
"(27) Section 707 of the Equal Credit Opportunity Act (
"(28) Section 114 of the Truth in Lending Act (
"(29) The seventh undesignated paragraph of section 10 of the Federal Reserve Act (
"(30) The tenth undesignated paragraph of section 10 of the Federal Reserve Act (
"(31) Section 815 of the Fair Debt Collection Practices Act (
"(32) Section 102(d) of the Federal Credit Union Act (
"(33) Section 21B(i) of the Federal Home Loan Bank Act (
"(34) Section 607(a) of the Housing and Community Development Amendments of 1978 (
"(35) Section 708(l) of the Defense Production Act of 1950 (
"(36) Section 2546 of the Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 [
"(37) Section 202(b)(8) of the National Housing Act (
"(1) Sections 1105(a), 1106(a) and (b), and 1109(a) of
"(2) The Balanced Budget and Emergency Deficit Control Act of 1985 (
"(3) Sections 202(e)(1) and (3) of the Congressional Budget Act of 1974 (
"(4) Section 1014(e) of the Congressional Budget and Impoundment Control Act of 1974 (
"(1) Section 13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (
"(2) Section 16(c) of the Foreign Trade Zones Act (
"(3) The following provisions of the Tariff Act of 1930:
"(A) Section 330(c)(1) (
"(B) Section 607(c) (
"(4) Section 5 of the International Coffee Agreement Act of 1980 ([former] 19 U.S.C. 1356n).
"(5) Section 351(a)(2) of the Trade Expansion Act of 1962 (
"(6) Section 502 of the Automotive Products Trade Act of 1965 (
"(7) Section 3131 of the Customs Enforcement Act of 1986 (
"(8) The following provisions of the Trade Act of 1974 (
"(A) Section 102(b)(4)(A)(ii)(I) (
"(B) Section 102(e)(1) (
"(C) Section 102(e)(2) (
"(D) Section 104(d) (
"(E) Section 125(e) (
"(F) Section 135(e)(1) (
"(G) Section 141(c) (
"(H) Section 162 (
"(I) Section 163(b) (
"(J) Section 163(c) (
"(K) Section 203(b) (
"(L) Section 302(b)(2)(C) (
"(M) Section 303 (
"(N) Section 309 (
"(O) Section 407(a) (
"(P) Section 502(f) (
"(Q) Section 504 (
"(9) The following provisions of the Trade Agreements Act of 1979 (
"(A) Section 2(b) (
"(B) Section 3(c) (
"(C) Section 305(c) (
"(10) Section 303(g)(1) of the Convention on Cultural Property Implementation Act (
"(11) The following provisions of the Caribbean Basin Economic Recovery Act (
"(A) Section 212(a)(1)(A) (
"(B) Section 212(a)(2) (
"(12) The following provisions of the Omnibus Trade and Competitiveness Act of 1988 (
"(A) Section 1102 (
"(B) Section 1103 (
"(C) Section 1206(b) (
"(13) Section 123(a) of the Customs and Trade Act of 1990 (
"(14) Section 243(b)(2) of the Caribbean Basin Economic Recovery Expansion Act of 1990 (
"(15) The following provisions of the Internal Revenue Code of 1986 [
"(A) Section 6103(p)(5).
"(B) Section 7608.
"(C) Section 7802(f)(3).
"(D) Section 8022(3).
"(E) Section 9602(a).
"(16) The following provisions relating to the revenue laws of the United States:
"(A) Section 1552(c) of the Tax Reform Act of 1986 [
"(B) Section 231 of the Deficit Reduction Act of 1984 [
"(C) Section 208 of the Tax Treatment Extension Act of 1977 [
"(D) Section 7105 of the Technical and Miscellaneous Revenue Act of 1988 (
"(17) Section 4008 of the Employee Retirement Income Security Act of 1974 (
"(18) Section 426 of the Black Lung Benefits Act (
"(19)
"(20) The following provisions of the Social Security Act:
"(A) Section 215(i)(2)(C)(i) (
"(B) Section 221(i)(2) (
"(C) Section 221(i)(3) (
"(D) Section 233(e)(1) (
"(E) Section 452(a)(10) (
"(F) Section 452(g)(3)(B) (
"(G) Section 506(a)(1) (
"(H) Section 908 (
"(I) Section 1114(f) (
"(J) Section 1120 (
"(K) Section 1161 (
"(L) Section 1875(b) (
"(M) Section 1881 (
"(N) Section 1882 (
"(21) Section 104(b) of the Social Security Independence and Program Improvements Act of 1994 [
"(22) Section 10 of the Railroad Retirement Act of 1937 [probably means section 7 of the Railroad Retirement Act of 1974] (
"(23) The following provisions of the Railroad Retirement Act of 1974:
"(A) Section 22(a)(1) (
"(B) Section 22(b)(1) (
"(24) Section 502 of the Railroad Retirement Solvency Act of 1983 (
"(25)
"(26) The following provisions of the Omnibus Budget Reconciliation Act of 1987 (
"(A) Section 4007(c)(4) (
"(B) Section 4079 (
"(C) Section 4205 (
"(D) Section 4215 (
"(27) The following provisions of
"(A) Section 405(c).
"(B) Section 405(e).
"(28) The following provisions of the Public Health Service Act:
"(A) In section 308(a) (
"(B) Section 403 (
"(29) Section 404 of the Health Services and Centers Amendments of 1978 (
"(30) The following provisions of the Older Americans Act of 1965:
"(A) Section 206(d) [now 206(e)] (
"(B) Section 207 (
"(31) Section 308 of the Age Discrimination Act of 1975 (
"(32) Section 509(c)(3) [509(3)] of the Americans with Disabilities Act 0f [of] 1990 (
"(33) Section 4207(f) of the Omnibus Budget Reconciliation Act of 1990 [
"(1) Section 163 of the Trade Act of 1974 (
"(2) Section 181 of the Trade Act of 1974 (
"(1) The following sections of
"(2) The following sections of
"(3)
"(4) Section 9 of the Child Protection Act of 1984 [
"(5) Section 8 of the Civil Rights of Institutionalized Persons Act (
"(6) The following provisions of the Omnibus Crime Control and Safe Streets Act of 1968: sections 102(b) (
"(7) The following provisions of the Immigration and Nationality Act: sections 103 (
"(8) Section 3 of the International Claims Settlement Act of 1949 (
"(9) Section 9 of the War Claims Act of 1948 (
"(10) Section 13(c) of the Act of September 11, 1957 (
"(11) Section 203(b) of the Aleutian and Pribilof Islands Restitution Act (
"(12) Section 801(e) of the Immigration Act of 1990 (
"(13) Section 401 of the Immigration Reform and Control Act of 1986 (
"(14) Section 707 of the Equal Credit Opportunity Act (
"(15) Section 201(b) of the Privacy Protection Act of 1980 (
"(16) Section 609U of the Justice Assistance Act of 1984 ([former] 42 U.S.C. 10509).
"(17) Section 13(a) of the Classified Information Procedures Act (18 U.S.C. App.).
"(18) Section 1004 of the Civil Rights Act of 1964 (
"(19) Section 1114 of the Right to Financial Privacy Act of 1978 (
"(20) Section 11 of the Foreign Agents Registration Act of 1938 (
"(21) The following provisions of the Foreign Intelligence Surveillance Act of 1978: sections 107 (
"(22) Section 102(b)(5) of the Department of Justice and Related Agencies Appropriations Act, 1993 [
"(1)
"(2) Section 47103 of such title.
"(3) Section 47131 of such title."
"(1) Section 1205 of the International Security and Development Cooperation Act of 1985 (
"(2) Section 1307(f)(1)(A) of the International Financial Institutions Act [
"(3) Section 118(f) of the Foreign Assistance Act of 1961 (
"(4) Section 586J(c)(4) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (
"(5) Section 3 of the Authorization for Use of Military Force Against Iraq Resolution (
"(6) Section 124 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (
"(7) Section 620C(c) of the Foreign Assistance Act of 1961 (
"(8) Section 533(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 19991 [1991] (
"(9) Section 3602 of the Omnibus Trade and Competitiveness Act of 1988 (
"(10) Section 1702 of the International Financial Institutions Act (
"(11) Section 1303(c) of the International Financial Institutions Act (
"(12) Section 1701(a) of the International Financial Institutions Act (
"(13) Section 163(a) of the Trade Act of 1974 (
"(14) Section 8 of the Export-Import Bank Act (
"(15) Section 407(f) of the Food for Peace Act (
"(16) Section 239(c) of the Foreign Assistance Act of 1961 (
"(17) Section 504(i) of the National Endowment for Democracy Act (
"(18) Section 5(b) of the Japan-United States Friendship Act (
"(1) The following sections of
"(2) Section 1121(f) of the National Defense Authorization Act for Fiscal Year 1988 and 1989 (
"(3) Section 1405 of the Defense Dependents' Education Act of 1978 (
"(4) Section 1411(b) of the Barry Goldwater Scholarship and Excellence in Education Act (
"(5) Section 1097 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 [
"(6) Section 30A(d) of the Arms Export Control Act (
"(7) Sections 1516(f) and 1518(c) of the Armed Forces Retirement Home Act of 1991 (
"(8) Sections 3554(e)(2) and [former] 9503(a) of
"(9)
"(10)
"(11)
"(12) Section 205(b) of the Federal Property and Administrative Services Act of 1949 (
"(13) Section 3732 of the Revised Statutes, popularly known as the 'Food and Forage Act' ([former] 41 U.S.C. 11) [now
"(14) Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act ([former] 42 U.S.C. 1973ff(b)(6)) [now
"(15) Section 1436(e) of the National Defense Authorization Act, Fiscal Year 1989 (
"(16) Section 165 of the Energy Policy and Conservation Act (
"(17) Section 603(e) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ([former] 42 U.S.C. 6683(e)).
"(18) Section 822(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (
"(19) Section 208 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1979 ([former] 42 U.S.C. 7271).
"(20) Section 3134 of the National Defense Authorization Act for Fiscal Year 1991 (
"(21) Section 3135 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (
"(22) Section 12 of the Act of March 9, 1920 (popularly known as the 'Suits in Admiralty Act') (46 App. U.S.C. 752) [now
"(23) Sections 44106(a) [probably should be "46106(a)"] and 55305(d) of
"(24) Sections 11 and 14 of the Strategic and Critical Materials Stock Piling Act (
"(25) Section 108 of the National Security Act of 1947 ([former] 50 U.S.C. 404a) [now
"(26) Section 4 of the Act entitled 'An Act to authorize the making, amending, and modification of contracts to facilitate the national defense', approved August 28, 1958 ([former] 50 U.S.C. 1434).
"(27) Section 1412(g) of the Department of Defense Authorization Act, 1986 (
"(28) Section 3 of the Authorization for Use of Military Force Against Iraq Resolution [
"(29) Sections 202(d) and 401(c) of the National Emergencies Act (
"(30) Section 10(g) of the Military Selective Service Act (
"(31) Section 708 of the Defense Production Act of 1950 (
"[(32) Repealed.
"(33) Section 704 of the Military Construction Authorization Act, 1982 (
"(34) Section 113(b) of the National Defense Authorization Act for Fiscal Year 1990 and 1991 (
"(a)
"(1)
"(2)
"(A)
"(B) the Chief Financial Officers Act of 1990 (
"(b)
"(c)
"(d)
"(1) section 116 of the Foreign Assistance Act of 1961 (
"(2) section 306 of that Act (
"(3) section 489 of that Act (
"(4) section 502B of that Act (
"(5) section 634 of that Act (
"(6) section 406 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (
"(7) section 25 of the Arms Export Control Act (
"(8) section 28 of that Act (
"(9) section 36 of that Act (
"(10) section 6 of the Multinational Force and Observers Participation Resolution (
"(11) section 104 of the FREEDOM Support Act ([former] 22 U.S.C. 5814);
"(12) section 508 of that Act (
"(13) section 4 of the War Powers Resolution (
"(14) section 204 of the International Emergency Economic Powers Act (
"(15) [former] section 14 of the Export Administration Act of 1979 (
"(16) section 207 of the International Economic Policy Act of 1972 (
"(17) section 4 of
"(18) section 108 of the National Security Act of 1947 ([former] 50 U.S.C. 404a) [now
"(19) section 704 of the Support for East European Democracy (SEED) Act of 1989 (
"(20) section 804 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (
"(21) section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (
"(22) section 2 of the Act of September 21, 1950 (
"(23) section 3301 of the Panama Canal Act of 1979 (
"(24) section 2202 of the Export Enhancement Act of 1988 ([former] 15 U.S.C. 4711);
"(25) section 1504 of
"(26) section 502 of the International Security and Development Coordination Act of 1985 (
"(27) section 23 of the Act of August 1, 1956 (
"(28) [former] section 5(c)(5) of the Export Administration Act of 1979 (
"(29) [former] section 14 of the Export Administration Act of 1979 (
"(30) section 50 of
"(31) section 240A of the Foreign Assistance Act of 1961 ([former] 22 U.S.C. 2200a);
"(32) section 27(k) of the Consumer Product Safety Act (
"(33) section 604 of the United States Information and Educational Exchange Act of 1948 (
Authority To Increase Efficiency in Reporting to Congress
"(a)
"(b)
"(c)
"(d)
[§1114. Repealed. Pub. L. 103–355, title II, §2454(c)(2), Oct. 13, 1994, 108 Stat. 3326 ]
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
§1115. Federal Government and agency performance plans
(a)
(1) establish Federal Government performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year for each of the Federal Government priority goals required under
(2) identify the agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities contributing to each Federal Government performance goal during the current fiscal year;
(3) for each Federal Government performance goal, identify a lead Government official who shall be responsible for coordinating the efforts to achieve the goal;
(4) establish common Federal Government performance indicators with quarterly targets to be used in measuring or assessing—
(A) overall progress toward each Federal Government performance goal; and
(B) the individual contribution of each agency, organization, program activity, regulation, tax expenditure, policy, and other activity identified under paragraph (2);
(5) establish clearly defined quarterly milestones; and
(6) identify major management challenges that are Governmentwide or crosscutting in nature and describe plans to address such challenges, including relevant performance goals, performance indicators, and milestones.
(b)
(1) establish performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year;
(2) express such goals in an objective, quantifiable, and measurable form unless authorized to be in an alternative form under subsection (c);
(3) describe how the performance goals contribute to—
(A) the general goals and objectives established in the agency's strategic plan required by
(B) any of the Federal Government performance goals established in the Federal Government performance plan required by subsection (a)(1);
(4) identify among the performance goals those which are designated as agency priority goals as required by
(5) provide a description of how the performance goals are to be achieved, including—
(A) the human capital, training, data and evidence, information technology, and skill sets required to meet the performance goals;
(B) the technology modernization investments, system upgrades, staff technology skills and expertise, stakeholder input and feedback, and other resources and strategies needed and required to meet the performance goals;
(C) clearly defined milestones;
(D) an identification of the organizations, program activities, regulations, policies, operational processes, and other activities that contribute to each performance goal, both within and external to the agency;
(E) a description of how the agency is working with other agencies and the organizations identified in subparagraph (D) to measure and achieve its performance goals as well as relevant Federal Government performance goals; and
(F) an identification of the agency officials responsible for the achievement of each performance goal, who shall be known as goal leaders;
(6) establish a balanced set of performance indicators to be used in measuring or assessing progress toward each performance goal, including, as appropriate, customer service, efficiency, output, and outcome indicators;
(7) provide a basis for comparing actual program results with the established performance goals;
(8) a description of how the agency will ensure the accuracy and reliability of the data used to measure progress towards its performance goals, including an identification of—
(A) the means to be 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 will compensate for such limitations if needed to reach the required level of accuracy;
(9) describe major management challenges the agency faces and identify—
(A) planned actions to address such challenges;
(B) performance goals, performance indicators, and milestones to measure progress toward resolving such challenges; and
(C) the agency official responsible for resolving such challenges; and
(10) identify low-priority program activities based on an analysis of their contribution to the mission and goals of the agency and include an evidence-based justification for designating a program activity as low priority.
(c)
(1) include separate descriptive statements of—
(A)(i) a minimally effective program; and
(ii) a successful program; or
(B) such alternative as authorized by the Director of the Office of Management and Budget, with sufficient precision and in such terms that would allow for an accurate, independent determination of whether the program activity's performance meets the criteria of the description; or
(2) state why it is infeasible or impractical to express a performance goal in any form for the program activity.
(d)
(e)
(1) is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; and
(2) is properly classified pursuant to such Executive order.
(f)
(g)
(h)
(1) "agency" has the same meaning as such term is defined under
(2) "crosscutting" means across organizational (such as agency) boundaries;
(3) "customer service measure" means an assessment of service delivery to a customer, client, citizen, or other recipient, which can include an assessment of quality, timeliness, and satisfaction among other factors;
(4) "efficiency measure" means a ratio of a program activity's inputs (such as costs or hours worked by employees) to its outputs (amount of products or services delivered) or outcomes (the desired results of a program);
(5) "major management challenge" means programs or management functions, within or across agencies, that have greater vulnerability to waste, fraud, abuse, and mismanagement (such as issues identified by the Government Accountability Office as high risk or issues identified by an Inspector General) where a failure to perform well could seriously affect the ability of an agency or the Government to achieve its mission or goals;
(6) "milestone" means a scheduled event signifying the completion of a major deliverable or a set of related deliverables or a phase of work;
(7) "outcome measure" means an assessment of the results of a program activity compared to its intended purpose;
(8) "output measure" means the tabulation, calculation, or recording of activity or effort that can be expressed in a quantitative or qualitative manner;
(9) "performance goal" means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate;
(10) "performance indicator" means a particular value or characteristic used to measure output or outcome;
(11) "program activity" means a specific activity or project as listed in the program and financing schedules of the annual budget of the United States Government; and
(12) "program evaluation" means an assessment, through objective measurement and systematic analysis, of the manner and extent to which Federal programs achieve intended objectives.
(Added
Editorial Notes
Prior Provisions
A prior section 1115, added
Amendments
2022—Subsec. (b)(5).
Subsec. (g).
2021—Subsec. (a).
Statutory Notes and Related Subsidiaries
Format of Performance Plans and Reports
"(a)
"(1) not incur expenses for the printing of strategic plans, performance plans, and performance reports for release external to the agency, except when providing such documents to the Congress;
"(2) produce such plans and reports in searchable, machine-readable formats; and
"(3) make such plans and reports available on a website described in
"(b)
"(1)
"(2)
"(3)
Implementation of Pub. L. 111–352
"(a)
"(1)
"(2)
"(A) not later than February 6, 2012, make adjustments to its strategic plan to make the plan consistent with the requirements of this Act;
"(B) prepare and submit performance plans consistent with the requirements of this Act, including the identification of agency priority goals, beginning with the performance plan for fiscal year 2013; and
"(C) make performance reporting updates consistent with the requirements of this Act beginning in fiscal year 2012.
"(3)
"(A) with the first full quarter beginning on or after the date of enactment of this Act [Jan. 4, 2011] for agencies based on the agency priority goals contained in the Analytical Perspectives volume of the Fiscal Year 2011 Budget of the United States Government; and
"(B) with the quarter ending June 30, 2012 for the interim Federal Government priority goals.
"(b)
Congressional Oversight and Legislation
"(a)
"(b)
"(1)
"(A) an evaluation of the implementation of the interim planning and reporting activities conducted under section 14 of this Act [set out as a note above]; and
"(B) any recommendations for improving implementation of this Act as determined appropriate.
"(2)
"(A)
"(B)
"(i)
"(ii)
"(I) an initial report on the evaluation under clause (i), not later than September 30, 2015; and
"(II) a subsequent report on the evaluation under clause (i), not later than September 30, 2017.
"(C)
"(i)
"(ii)
"(I) an initial report on the evaluation under clause (i), not later than September 30, 2015; and
"(II) subsequent reports on the evaluation under clause (i), not later than September 30, 2017 and every 4 years thereafter.
"(D)
Strategic Planning and Performance Measurement Training
Executive Documents
Ex. Ord. No. 13450. Improving Government Program Performance
Ex. Ord. No. 13450, Nov. 13, 2007, 72 F.R. 64519, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(a) "agency" means:
(i) an executive agency as defined in
(ii) the United States Postal Service and the Postal Regulatory Commission;
(b) "agency Performance Improvement Officer" means an employee of an agency who is a member of the Senior Executive Service or equivalent service, and who is designated by the head of the agency to carry out the duties set forth in section 5 of this order.
(a) approve for implementation:
(i) clear annual and long-term goals defined by objectively measurable outcomes; and
(ii) specific plans for achieving the goals, including:
(A) assignments to specified agency personnel of:
(1) the duties necessary to achieve the goals; and
(2) the authority and resources necessary to fulfill such duties;
(B) means to measure:
(1) progress toward achievement of the goals; and
(2) efficiency in use of resources in making that progress; and
(C) mechanisms for ensuring continuous accountability of the specified agency personnel to the head of the agency for achievement of the goals and efficiency in use of resources in achievement of the goals;
(b) assist the President, through the Director of the Office of Management and Budget (Director), in making recommendations to the Congress, including budget and appropriations recommendations, that are justified based on objective performance information and accurate estimates of the full costs of achieving the annual and long-term goals approved under subsection (a)(i) of this section; and
(c) ensure that agency Internet websites available to the public include regularly updated and accurate information on the performance of the agency and its programs, in a readily useable and searchable form, that sets forth the successes, shortfalls, and challenges of each program and describes the agency's efforts to improve the performance of the program.
(i) the contents, and schedule for approval, of the goals and plans required by section 3 of this order; and
(ii) the availability to the public in readily accessible and comprehensible form on the agency's Internet website (or in the Federal Register for any agency that does not have such a website), of the information approved by the head of each agency under section 3 of this order and other information relating to agency performance.
(b) Instructions issued under subsection (a) of this section shall facilitate compliance with applicable law, presidential guidance, and Office of Management and Budget circulars and shall be designed to minimize duplication of effort and to assist in maximizing the efficiency and effectiveness of agencies and their programs.
(a) supervise the performance management activities of the agency, including:
(i) development of the goals, specific plans, and estimates for which section 3 of this order provides; and
(ii) development of the agency's strategic plans, annual performance plans, and annual performance reports as required by law;
(b) advise the head of the agency, with respect to a program administered in whole or in part by the agency, whether:
(i) goals proposed for the approval of the head of the agency under section 3(a)(i) of this order are:
(A) sufficiently aggressive toward full achievement of the purposes of the program; and
(B) realistic in light of authority and resources assigned to the specified agency personnel referred to in section 3(a)(ii)(A) of this order with respect to that program; and
(ii) means for measurement of progress toward achievement of the goals are sufficiently rigorous and accurate;
(c) convene the specified agency personnel referred to in section 3(a)(ii)(A) of this order, or appropriate subgroups thereof, regularly throughout each year to:
(i) assess performance of each program administered in whole or in part by the agency; and
(ii) consider means to improve the performance and efficiency of such program;
(d) assist the head of the agency 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
(e) report to the head of the agency on the implementation within the agency of the policy set forth in section 1 of this order.
(b) The Council shall consist exclusively of:
(i) the Deputy Director for Management of the Office of Management and Budget, who shall serve as Chair;
(ii) such agency Performance Improvement Officers, as determined by the Chair; and
(iii) such other full-time or permanent part-time employees of an agency, as determined by the Chair with the concurrence of the head of the agency concerned.
(c) The Chair or the Chair's designee, in implementing subsection (d) of this section, shall convene and preside at the meetings of the Council, determine its agenda, direct its work, and establish and direct subgroups of the Council, as appropriate to deal with particular subject matters, that shall consist exclusively of members of the Council.
(d) To assist in implementing the policy set forth in section 1 of this order, the Council shall:
(i) develop and submit to the Director, or when appropriate to the President through the Director, at times and in such formats as the Chair may specify, recommendations concerning:
(A) performance management policies and requirements; and
(B) criteria for evaluation of program performance;
(ii) facilitate the exchange among agencies of information on performance management, including strategic and annual planning and reporting, to accelerate improvements in program performance;
(iii) coordinate and monitor a continuous review by heads of agencies of the performance and management of all Federal programs that assesses the clarity of purpose, quality of strategic and performance planning and goals, management excellence, and results achieved for each agency's programs, with the results of these assessments and the evidence on which they are based made available to the public on or through the Internet website referred to in subsection (d)(iv);
(iv) to facilitate keeping the public informed, and with such assistance of heads of agencies as the Director may require, develop an Internet website that provides the public with information on how well each agency performs and that serves as a comprehensive source of information on:
(A) current program performance; and
(B) the status of program performance plans and agency Performance and Accountability Reports; and
(C) consistent with the direction of the head of the agency concerned after consultation with the Director, any publicly available reports by the agency's Inspector General concerning agency program performance;
(v) monitor implementation by agencies of the policy set forth in section 1 of this order and report thereon from time to time as appropriate to the Director, or when appropriate to the President through the Director, at such times and in such formats as the Chair may specify, together with any recommendations of the Council for more effective implementation of such policy;
(vi) at the request of the head of an agency, unless the Chair declines the request, promptly review and provide advice on a proposed action by that agency to implement the policy set forth in section 1 of this order; and
(vii) obtain information and advice, as appropriate, in a manner that seeks individual advice and does not involve collective judgment or consensus advice or deliberation, from:
(A) State, local, territorial, and tribal officials; and
(B) representatives of entities or other individuals.
(e)(i) To the extent permitted by law, the Office of Management and Budget shall provide the funding and administrative support the Council needs, as determined by the Director, to implement this section; and
(ii) the heads of agencies shall provide, as appropriate and to the extent permitted by law, such information and assistance as the Chair may request to implement this section.
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law (including laws and executive orders relating to the protection of information from disclosure) and subject to the availability of appropriations.
(c) In implementing this order, the Director of National Intelligence shall perform the functions assigned to the Director of National Intelligence by the National Security Act of 1947, as amended ([former] 50 U.S.C. 401 et seq.) [now
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, or entities, its officers, employees, or agents, or any other person.
George W. Bush.
§1116. Agency performance reporting
(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 no less 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 activity's 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
(5) include a review of the performance goals and evaluation of the performance plan relative to the agency's 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; and
(7) include the summary findings of those program evaluations completed during the period covered by the update.
(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.
(f) Each fiscal year, the Office of Management and Budget shall determine whether the agency programs or activities meet performance goals and objectives outlined in the agency performance plans and submit a report on unmet goals to—
(1) the head of the agency;
(2) the Committee on Homeland Security and Governmental Affairs of the Senate;
(3) the Committee on Oversight and Governmental Reform of the House of Representatives; and
(4) the Government Accountability Office.
(g) If an agency's programs or activities have not met performance goals as determined by the Office of Management and Budget for 1 fiscal year, the head of the agency shall submit a performance improvement plan to the Office of Management and Budget to increase program effectiveness for each unmet goal with measurable milestones. The agency shall designate a senior official who shall oversee the performance improvement strategies for each unmet goal.
(h)(1) If the Office of Management and Budget determines that agency programs or activities have unmet performance goals for 2 consecutive fiscal years, the head of the agency shall—
(A) submit to Congress a description of the actions the Administration will take to improve performance, including proposed statutory changes or planned executive actions; and
(B) describe any additional funding the agency will obligate to achieve the goal, if such an action is determined appropriate in consultation with the Director of the Office of Management and Budget, for an amount determined appropriate by the Director.
(2) In providing additional funding described under paragraph (1)(B), the head of the agency shall use any reprogramming or transfer authority available to the agency. If after exercising such authority additional funding is necessary to achieve the level determined appropriate by the Director of the Office of Management and Budget, the head of the agency shall submit a request to Congress for additional reprogramming or transfer authority.
(i) If an agency's programs or activities have not met performance goals as determined by the Office of Management and Budget for 3 consecutive fiscal years, the Director of the Office of Management and Budget shall submit recommendations to Congress on actions to improve performance not later than 60 days after that determination, including—
(1) reauthorization proposals for each program or activity that has not met performance goals;
(2) proposed statutory changes necessary for the program activities to achieve the proposed level of performance on each performance goal; and
(3) planned executive actions or identification of the program for termination or reduction in the President's budget.
(Added
Editorial Notes
Prior Provisions
A prior section 1116, added
Statutory Notes and Related Subsidiaries
Merit Systems Protection Board
"(1)
"(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
"(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)
§1117. Exemption
The Director of the Office of Management and Budget may exempt from the requirements of
(Added
Statutory Notes and Related Subsidiaries
Construction
No provision or amendment made by
§1118. Pilot projects for performance goals
(a) The Director of the Office of Management and Budget, after consultation with the head of each agency, shall designate not less than ten agencies as pilot projects in performance measurement for fiscal years 1994, 1995, and 1996. The selected agencies shall reflect a representative range of Government functions and capabilities in measuring and reporting program performance.
(b) Pilot projects in the designated agencies shall undertake the preparation of performance plans under section 1115, and program performance reports under section 1116, other than section 1116(c), for one or more of the major functions and operations of the agency. A strategic plan shall be used when preparing agency performance plans during one or more years of the pilot period.
(c) No later than May 1, 1997, the Director of the Office of Management and Budget shall submit a report to the President and to the Congress which shall—
(1) assess the benefits, costs, and usefulness of the plans and reports prepared by the pilot agencies in meeting the purposes of the Government Performance and Results Act of 1993;
(2) identify any significant difficulties experienced by the pilot agencies in preparing plans and reports; and
(3) set forth any recommended changes in the requirements of the provisions of Government Performance and Results Act of 1993,
(Added
Editorial Notes
References in Text
The Government Performance and Results Act of 1993, referred to in subsec. (c)(1), (3), is
Statutory Notes and Related Subsidiaries
Construction
No provision or amendment made by
§1119. Pilot projects for performance budgeting
(a) The Director of the Office of Management and Budget, after consultation with the head of each agency shall designate not less than five agencies as pilot projects in performance budgeting for fiscal years 1998 and 1999. At least three of the agencies shall be selected from those designated as pilot projects under section 1118, and shall also reflect a representative range of Government functions and capabilities in measuring and reporting program performance.
(b) Pilot projects in the designated agencies shall cover the preparation of performance budgets. Such budgets shall present, for one or more of the major functions and operations of the agency, the varying levels of performance, including outcome-related performance, that would result from different budgeted amounts.
(c) The Director of the Office of Management and Budget shall include, as an alternative budget presentation in the budget submitted under section 1105 for fiscal year 1999, the performance budgets of the designated agencies for this fiscal year.
(d) No later than March 31, 2001, the Director of the Office of Management and Budget shall transmit a report to the President and to the Congress on the performance budgeting pilot projects which shall—
(1) assess the feasibility and advisability of including a performance budget as part of the annual budget submitted under section 1105;
(2) describe any difficulties encountered by the pilot agencies in preparing a performance budget;
(3) recommend whether legislation requiring performance budgets should be proposed and the general provisions of any legislation; and
(4) set forth any recommended changes in the other requirements of the Government Performance and Results Act of 1993,
(e) After receipt of the report required under subsection (d), the Congress may specify that a performance budget be submitted as part of the annual budget submitted under section 1105.
(Added
Editorial Notes
References in Text
The Government Performance and Results Act of 1993, referred to in subsec. (d)(4), is
Statutory Notes and Related Subsidiaries
Construction
No provision or amendment made by
§1120. Federal Government and agency priority goals
(a)
(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. 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
(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
(6) The Federal Government performance plan required under
(b)
(1) Every 2 years, the head of each agency listed in
(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
(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
Editorial Notes
Amendments
2021—Subsec. (a)(5).
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.
§1121. Quarterly priority progress reviews and use of performance information
(a)
(1) for each Federal Government priority goal required by
(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)
(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.
(Added
§1122. Transparency of programs, priority goals, and results
(a)
(1)
(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
(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)
(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)
(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 (
(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 (
(4)
(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)
(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)
(1) a brief description of each of the Federal Government priority goals required by
(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
(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)
(Added
Editorial Notes
References in Text
The Foundations for Evidence-Based Policymaking Act of 2018, referred to in subsec. (a)(3)(D)(iii), is
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
Amendments
2021—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(3).
Subsec. (a)(3)(D).
Subsec. (a)(4).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Guidance, Implementation, Reporting, and Review
"(1)
"(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
"(D) the term 'program activity' has the meaning given that term in
"(E) the term 'Secretary' means the Secretary of the Treasury.
"(2)
"(A) includes a plan that—
"(i) discusses how making available on a website the information required under subsection (a) of
"(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
"(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)
"(A)
"(B)
"(4)
"(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
"(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."
§1123. Chief Operating Officers
(a)
(b)
(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
(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
§1124. Performance Improvement Officers and the Performance Improvement Council
(a)
(1)
(2)
(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
(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)
(1)
(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
(C) other Performance Improvement Officers as determined appropriate by the chairperson; and
(D) other individuals as determined appropriate by the chairperson.
(2)
(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
(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)
(A)
(B)
(Added
§1125. Elimination of unnecessary agency reporting
(a)
(1) compile a list that identifies all plans and reports the agency produces for Congress, in accordance with statutory requirements or as directed in congressional reports;
(2) analyze the list compiled under paragraph (1), identify which plans and reports are outdated or duplicative of other required plans and reports, and refine the list to include only the plans and reports identified to be outdated or duplicative;
(3) consult with the congressional committees that receive the plans and reports identified under paragraph (2) to determine whether those plans and reports are no longer useful to the committees and could be eliminated or consolidated with other plans and reports; and
(4) provide a total count of plans and reports compiled under paragraph (1) and the list of outdated and duplicative reports identified under paragraph (2) to the Director of the Office of Management and Budget.
(b)
(1)
(2)
(c)
(Added
Editorial Notes
References in Text
Section 1105(a)(37), referred to in subsec. (c), probably means the section 1105(a)(37) added by section 11(a)(2) of
1 See References in Text note below.
§1126. Program Management Improvement Officers and Program Management Policy Council
(a)
(1)
(2)
(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)
(b)
(1)
(2)
(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)
(A)
(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)
(i)
(ii)
(4)
(5)
(Added
Editorial Notes
Similar Provisions
Another section 1126, added
Amendments
2021—Subsec. (a)(1).
Subsec. (b)(2)(E).
Subsec. (b)(4).
2019—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Program and Project Management Personnel Standards
"(1)
"(2)
"(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