References in TextThe Foundations for Evidence-Based Policymaking Act of 2018, referred to in subsec. (a)(3)(D)(iii), is Puspan. L. 115–435, Jan. 14, 2019, 132 Stat. 5529. For complete classification of this Act to the Code, see Short Title of 2019 Amendment note set out under section 101 of Title 5, Government Organization and Employees, and Tables.
Section 2(span) of the Federal Funding Accountability and Transparency Act of 2006, referred to in subsec. (a)(3)(D)(vii)(VI), is section 2(span) of Puspan. L. 109–282, which is set out in a note under section 6101 of this title.
Amendments2021—Subsec. (a)(1). Puspan. L. 116–283, § 9601(a)(2), added par. (1). Former par. (1) redesignated (2).
Subsec. (a)(2). Puspan. L. 116–283, § 9601(a)(1), (3)(A), redesignated former par. (1) as (2) and substituted “Website and program inventory” for “In general” in span and “The Director of the Office of Management and Budget shall” for “Not later than October 1, 2012, the Office of Management and Budget shall” in introductory provisions. Former par. (2) redesignated (3).
Subsec. (a)(2)(A). Puspan. L. 116–283, § 9601(a)(3)(B), inserted “that includes the information required under subsections (span) and (c)” after “a single website”.
Subsec. (a)(2)(B). Puspan. L. 116–283, § 9601(a)(3)(C), added subpar. (B) and struck out former subpar. (B) which read as follows: “at a minimum, update the website on a quarterly basis; and”.
Subsec. (a)(2)(C). Puspan. L. 116–283, § 9601(a)(3)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “include on the website information about each program identified by the agencies.”
Subsec. (a)(2)(D). Puspan. L. 116–283, § 9601(a)(3)(C), added subpar. (D).
Subsec. (a)(3). Puspan. L. 116–283, § 9601(a)(1), (4)(A), redesignated former subpar. (2) as (3) and substituted “identified in the program inventory required under paragraph (2)(B) shall include” for “described under paragraph (1) shall include” in introductory provisions.
Subsec. (a)(3)(D). Puspan. L. 116–283, § 9601(a)(4)(B)–(D), added subpar. (D).
Subsec. (a)(4). Puspan. L. 116–283, § 9601(a)(5), added par. (4).
Subsec. (span). Puspan. L. 116–283, § 9601(c)(1)(A), inserted “described in subsection (a)(2)(A)” after “the website” in two places in introductory provisions.
Subsec. (c). Puspan. L. 116–283, § 9601(c)(1)(B), inserted “described in subsection (a)(2)(A)” after “the website” in introductory provisions.
Subsec. (d). Puspan. L. 116–283, § 9601(c)(1)(C), struck out “on Website” after “Information” in span and “on the website” after “available” in text.
Guidance, Implementation, Reporting, and ReviewPuspan. L. 116–283, div. H, title XCVI, § 9601(span), Jan. 1, 2021, 134 Stat. 4825, provided that:“(1)Definitions.—In this subsection—“(A) the term ‘appropriate congressional committees’ means the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate;
“(B) the term ‘Director’ means the Director of the Office of Management and Budget;
“(C) the term ‘program’ has the meaning given that term in section 1122(a)(1) of title 31, United States Code, as amended by subsection (a) of this section;
“(D) the term ‘program activity’ has the meaning given that term in section 1115(h) of title 31, United States Code; and
“(E) the term ‘Secretary’ means the Secretary of the Treasury.
“(2)Plan for implementation and reconciling program definitions.—Not later than 180 days after the date of enactment of this Act [Jan. 1, 2021], the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report that—“(A) includes a plan that—“(i) discusses how making available on a website the information required under subsection (a) of section 1122 of title 31, United States Code, as amended by subsection (a), will leverage existing data sources while avoiding duplicative or overlapping information in presenting information relating to program activities and programs;
“(ii) indicates how any gaps in data will be assessed and addressed;
“(iii) indicates how the Director will display such data; and
“(iv) discusses how the Director will expand the information collected with respect to program activities to incorporate the information required under the amendments made by subsection (a);
“(B) sets forth details regarding a pilot program, developed in accordance with best practices for effective pilot programs—“(i) to develop and implement a functional program inventory that could be limited in scope; and
“(ii) under which the information required under the amendments made by subsection (a) with respect to program activities shall be made available on the website required under section 1122(a) of title 31, United States Code;
“(C) establishes an implementation timeline for—“(i) gathering and building program activity information;
“(ii) developing and implementing the pilot program;
“(iii) seeking and responding to stakeholder comments;
“(iv) developing and presenting findings from the pilot program to the appropriate congressional committees;
“(v) notifying the appropriate congressional committees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and
“(vi) implementing a Governmentwide program inventory through an iterative approach; and
“(D) includes recommendations, if any, to reconcile the conflicting definitions of the term ‘program’ in relevant Federal statutes, as it relates to the purpose of this section.
“(3)Implementation.—“(A)In general.—Not later than 3 years after the date of enactment of this Act, the Director shall make available online all information required under the amendments made by subsection (a) with respect to all programs.
“(B)Extensions.—The Director may, based on an analysis of the costs of implementation, and after submitting to the appropriate congressional committees a notification of the action by the Director, extend the deadline for implementation under subparagraph (A) by not more than a total of 1 year.
“(4)Reporting.—Not later than 2 years after the date on which the Director makes available online all information required under the amendments made by subsection (a) with respect to all programs, the Comptroller General of the United States shall submit to the appropriate congressional committees a report regarding the implementation of this section and the amendments made by this section, which shall—“(A) review how the Director and agencies determined how to aggregate, disaggregate, or consolidate program activities to provide the most useful information for an inventory of Government programs;
“(B) evaluate the extent to which the program inventory required under section 1122 of title 31, United States Code, as amended by this section, provides useful information for transparency, decision-making, and oversight;
“(C) evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas; and
“(D) include the recommendations of the Comptroller General, if any, for improving implementation of this section and the amendments made by this section.”
