The Government Performance and Results Act of 1993 (31 U.S.C. 1115)

[§ 1114

TITLE 31—MONEY AND FINANCE

[§ 1114. Repealed. Pub. L. 103–355, title
§ 2454(c)(2), Oct. 13, 1994, 108 Stat. 3326]

II,

Section, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 916, related to budget information on consulting services.
EFFECTIVE DATE OF REPEAL
For effective date and applicability of repeal, see section 10001 of Pub. L. 103–355, set out as an Effective
Date of 1994 Amendment note under section 2302 of
Title 10, Armed Forces.

§ 1115. Federal Government and agency performance plans
GOVERNMENT
PERFORMANCE
(a)
FEDERAL
PLANS.—In carrying out the provisions of section 1105(a)(28), the Director of the Office of
Management and Budget shall coordinate with
agencies to develop the Federal Government
performance plan. In addition to the submission
of such plan with each budget of the United
States Government, the Director of the Office of
Management and Budget shall ensure that all
information required by this subsection is concurrently made available on the website provided under section 1122 and updated periodically, but no less than annually. The Federal
Government performance plan shall—
(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 section 1120(a) of this title;
(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) AGENCY PERFORMANCE PLANS.—Not later
than the first Monday in February of each year,
the head of each agency shall make available on
a public website of the agency, and notify the
President and the Congress of its availability, a
performance plan covering each program activity set forth in the budget of such agency. Such
plan shall—
(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;

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(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 section 306(a)(2) of title 5; and
(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 section 1120(b) of this
title, if applicable;
(5) provide a description of how the performance goals are to be achieved, including—
(A) the operation processes, training,
skills and technology, and the human, capital, information, and other resources and
strategies required to meet those performance goals;
(B) clearly defined milestones;
(C) an identification of the organizations,
program activities, regulations, policies, and
other activities that contribute to each performance goal, both within and external to
the agency;
(D) a description of how the agency is
working with other agencies to achieve its
performance goals as well as relevant Federal Government performance goals; and
(E) 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

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§ 1115

TITLE 31—MONEY AND FINANCE

the mission and goals of the agency and include an evidence-based justification for designating a program activity as low priority.
(c) ALTERNATIVE FORM.—If an agency, in consultation with the Director of the Office of Management and Budget, determines that it is not
feasible to express the performance goals for a
particular program activity in an objective,
quantifiable, and measurable form, the Director
of the Office of Management and Budget may
authorize an alternative form. Such alternative
form shall—
(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) TREATMENT OF PROGRAM ACTIVITIES.—For
the purpose of complying with this section, an
agency may aggregate, disaggregate, or consolidate program activities, except that any aggregation or consolidation may not omit or minimize the significance of any program activity
constituting a major function or operation for
the agency.
(e) APPENDIX.—An agency may submit with an
annual performance plan an appendix covering
any portion of the plan that—
(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) INHERENTLY GOVERNMENTAL FUNCTIONS.—
The functions and activities of this section shall
be considered to be inherently governmental
functions. The drafting of performance plans
under this section shall be performed only by
Federal employees.
(g) CHIEF HUMAN CAPITAL OFFICERS.—With respect to each agency with a Chief Human Capital Officer, the Chief Human Capital Officer
shall prepare that portion of the annual performance plan described under subsection
(b)(5)(A).
(h) DEFINITIONS.—For purposes of this section
and sections 1116 through 1125, and sections 9703
and 9704, the term—
(1) ‘‘agency’’ has the same meaning as such
term is defined under section 306(f) of title 5;
(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 Pub. L. 111–352, § 3, Jan. 4, 2011, 124 Stat.
3867.)
PRIOR PROVISIONS
A prior section 1115, added Pub. L. 103–62, § 4(b), Aug.
3, 1993, 107 Stat. 287; amended Pub. L. 107–296, title XIII,
§ 1311(a), Nov. 25, 2002, 116 Stat. 2289; Pub. L. 108–136, div.
A, title XIV, § 1421(b), Nov. 24, 2003, 117 Stat. 1667, related to performance plans, prior to repeal by Pub. L.
111–352, § 3, Jan. 4, 2011, 124 Stat. 3867.
FORMAT OF PERFORMANCE PLANS AND REPORTS
Pub. L. 111–352, § 10, Jan. 4, 2011, 124 Stat. 3880, provided that:
‘‘(a) SEARCHABLE, MACHINE-READABLE PLANS AND REPORTS.—For fiscal year 2012 and each fiscal year thereafter, each agency required to produce strategic plans,
performance plans, and performance updates in accordance with the amendments made by this Act [see Short
Title of 2011 Amendment note set out under section 1101
of this title] shall—
‘‘(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 the
website described under section 1122 of title 31,
United States Code.
‘‘(b) WEB-BASED PERFORMANCE PLANNING AND REPORTING.—

§ 1115

TITLE 31—MONEY AND FINANCE

‘‘(1) IN GENERAL.—Not later than June 1, 2012, the
Director of the Office of Management and Budget
shall issue guidance to agencies to provide concise
and timely performance information for publication
on the website described under section 1122 of title 31,
United States Code, including, at a minimum, all requirements of sections 1115 and 1116 of title 31, United
States Code, except for section 1115(e).
‘‘(2) HIGH-PRIORITY GOALS.—For agencies required to
develop agency priority goals under section 1120(b) of
title 31, United States Code, the performance information required under this section shall be merged
with the existing information required under section
1122 of title 31, United States Code.
‘‘(3) CONSIDERATIONS.—In developing guidance under
this subsection, the Director of the Office of Management and Budget shall take into consideration the
experiences of agencies in making consolidated performance planning and reporting information available on the website as required under section 1122 of
title 31, United States Code.’’
IMPLEMENTATION OF Pub. L. 111–352
Pub. L. 111–352, § 14, Jan. 4, 2011, 124 Stat. 3883, provided that:
‘‘(a) INTERIM PLANNING AND REPORTING.—
‘‘(1) IN GENERAL.—The Director of the Office of Management and Budget shall coordinate with agencies
to develop interim Federal Government priority
goals and submit interim Federal Government performance plans consistent with the requirements of
this Act [see Short Title of 2011 Amendment note set
out under section 1101 of this title] beginning with
the submission of the fiscal year 2013 Budget of the
United States Government.
‘‘(2) REQUIREMENTS.—Each agency shall—
‘‘(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) QUARTERLY REVIEWS.—The quarterly priority
progress reviews required under this Act shall begin—
‘‘(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) GUIDANCE.—The Director of the Office of Management and Budget shall prepare guidance for agencies in
carrying out the interim planning and reporting activities required under subsection (a), in addition to other
guidance as required for implementation of this Act.’’

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‘‘(B) any recommendations for improving implementation of this Act as determined appropriate.
‘‘(2) IMPLEMENTATION EVALUATIONS.—
‘‘(A) IN GENERAL.—The Comptroller General shall
evaluate the implementation of this Act subsequent
to the interim planning and reporting activities
evaluated in the report submitted to Congress
under paragraph (1).
‘‘(B) AGENCY IMPLEMENTATION.—
‘‘(i) EVALUATIONS.—The Comptroller General
shall evaluate how implementation of this Act is
affecting performance management at the agencies described in section 901(b) of title 31, United
States Code, including whether performance management is being used by those agencies to improve the efficiency and effectiveness of agency
programs.
‘‘(ii) REPORTS.—The Comptroller General shall
submit to Congress—
‘‘(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) FEDERAL GOVERNMENT PLANNING AND REPORTING IMPLEMENTATION.—
‘‘(i) EVALUATIONS.—The Comptroller General
shall evaluate the implementation of the Federal
Government priority goals, Federal Government
performance plans and related reporting required
by this Act.
‘‘(ii) REPORTS.—The Comptroller General shall
submit to Congress—
‘‘(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) RECOMMENDATIONS.—The Comptroller General shall include in the reports required by subparagraphs (B) and (C) any recommendations for
improving implementation of this Act and for
streamlining the planning and reporting requirements of the Government Performance and Results
Act of 1993 [Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285;
see Short Title of 1993 Amendment note set out
under section 1101 of this title].’’
STRATEGIC PLANNING AND PERFORMANCE MEASUREMENT
TRAINING
Pub. L. 103–62, § 9, Aug. 3, 1993, 107 Stat. 295, provided
that: ‘‘The Office of Personnel Management shall, in
consultation with the Director of the Office of Management and Budget and the Comptroller General of the
United States, develop a strategic planning and performance measurement training component for its
management training program and otherwise provide
managers with an orientation on the development and
use of strategic planning and program performance
measurement.’’

CONGRESSIONAL OVERSIGHT AND LEGISLATION

EX. ORD. NO. 13450. IMPROVING GOVERNMENT PROGRAM
PERFORMANCE

Pub. L. 111–352, § 15, Jan. 4, 2011, 124 Stat. 3883, provided that:
‘‘(a) IN GENERAL.—Nothing in this Act [see Short
Title of 2011 Amendment note set out under section 1101
of this title] shall be construed as limiting the ability
of Congress to establish, amend, suspend, or annul a
goal of the Federal Government or an agency.
‘‘(b) GAO REVIEWS.—
‘‘(1) INTERIM PLANNING AND REPORTING EVALUATION.—Not later than June 30, 2013, the Comptroller
General shall submit a report to Congress that includes—
‘‘(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

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 sections 305 and 306 of title 5, sections 1115, 1116, and 9703 of title 31, and chapter 28 of
title 39, United States Code, and to improve the effectiveness and efficiency of the Federal Government and
promote greater accountability of that Government to
the American people, it is hereby ordered as follows:
SECTION 1. Policy. It is the policy of the Federal Government to spend taxpayer dollars effectively, and
more effectively each year. Agencies shall apply taxpayer resources efficiently in a manner that maximizes
the effectiveness of Government programs in serving
the American people.

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TITLE 31—MONEY AND FINANCE

SEC. 2. Definitions. As used in this order:
(a) ‘‘agency’’ means:
(i) an executive agency as defined in section 105 of
title 5, United States Code, other than the Government
Accountability Office; and
(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.
SEC. 3. Duties of Heads of Agencies. To assist in implementing the policy set forth in section 1 of this order,
the head of each agency shall, with respect to each program administered in whole or in part by the agency:
(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.
SEC. 4. Additional Duties of the Director of the Office of
Management and Budget. (a) To assist in implementing
the policy set forth in section 1 of this order, the Director shall issue instructions to the heads of agencies
concerning:
(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.
SEC. 5. Duties of Agency Performance Improvement Officers. Subject to the direction of the head of the agency,
each agency Performance Improvement Officer shall:
(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:

§ 1115

(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.
SEC. 6. Establishment and Operation of Performance Improvement Council. (a) The Director shall establish,
within the Office of Management and Budget for administrative purposes only, a Performance Improvement Council (Council), consistent with 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;

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TITLE 31—MONEY AND FINANCE

(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.
SEC. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(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 50 U.S.C. 3001 et seq.], consistent with section 1018 of the Intelligence Reform and Terrorism Prevention Act (Public Law 108–458), and other applicable
laws.
(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;

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(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 section 9703 of this title;
(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