§ 1115. — Performance plans.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC1115]
TITLE 31--MONEY AND FINANCE
SUBTITLE II--THE BUDGET PROCESS
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
Sec. 1115. Performance plans
(a) In carrying out the provisions of section 1105(a)(28), the
Director of the Office of Management and Budget shall require each
agency to prepare an annual 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 by a program activity;
(2) express such goals in an objective, quantifiable, and
measurable form unless authorized to be in an alternative form under
subsection (b);
(3) provide a description of how the performance goals and
objectives are to be achieved, including the operation processes,
training, skills and technology, and the human, capital,
information, and other resources and strategies required to meet
those performance goals and objectives.\1\
---------------------------------------------------------------------------
\1\ So in original. The period probably should be a semicolon.
---------------------------------------------------------------------------
(4) establish performance indicators to be used in measuring or
assessing the relevant outputs, service levels, and outcomes of each
program activity;
(5) provide a basis for comparing actual program results with
the established performance goals; and
(6) describe the means to be used to verify and validate
measured values.
(b) 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.
(c) 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.
(d) An agency may submit with its 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.
(e) 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.
(f) 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 (a)(3).
(g) For purposes of this section and sections 1116 through 1119, and
sections 9703 \2\ and 9704 the term--
---------------------------------------------------------------------------
\2\ See References in Text note below.
---------------------------------------------------------------------------
(1) ``agency'' has the same meaning as such term is defined
under section 306(f) of title 5;
(2) ``outcome measure'' means an assessment of the results of a
program activity compared to its intended purpose;
(3) ``output measure'' means the tabulation, calculation, or
recording of activity or effort and can be expressed in a
quantitative or qualitative manner;
(4) ``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;
(5) ``performance indicator'' means a particular value or
characteristic used to measure output or outcome;
(6) ``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
(7) ``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. 103-62, Sec. 4(b), Aug. 3, 1993, 107 Stat. 287; amended
Pub. L. 107-296, title XIII, Sec. 1311(a), Nov. 25, 2002, 116 Stat.
2289; Pub. L. 108-136, div. A, title XIV, Sec. 1421(b), Nov. 24, 2003,
117 Stat. 1667.)
References in Text
Section 9703, referred to in subsec. (g), probably means the section
9703 added by section 5(a) of Pub. L. 103-62, Aug. 3, 1993, 107 Stat.
289.
Amendments
2003--Subsec. (a). Pub. L. 108-136 substituted ``section
1105(a)(28)'' for ``section 1105(a)(29)''.
2002--Subsec. (a)(3). Pub. L. 107-296, Sec. 1311(a)(1), added par.
(3) and struck out former par. (3) which read as follows: ``briefly
describe the operational processes, skills and technology, and the
human, capital, information, or other resources required to meet the
performance goals;''.
Subsecs. (f), (g). Pub. L. 107-296, Sec. 1311(a)(2), (3), added
subsec. (f) and redesignated former subsec. (f) as (g).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Construction
Section 10 of Pub. L. 103-62 provided that: ``No provision or
amendment made by this Act [see Short Title of 1993 Amendment note set
out under section 1101 of this title] may be construed as--
``(1) creating any right, privilege, benefit, or entitlement for
any person who is not an officer or employee of the United States
acting in such capacity, and no person who is not an officer or
employee of the United States acting in such capacity shall have
standing to file any civil action in a court of the United States to
enforce any provision or amendment made by this Act; or
``(2) superseding any statutory requirement, including any
requirement under section 553 of title 5, United States Code.''
Congressional Findings and Statement of Purposes
Section 2 of Pub. L. 103-62 provided that:
``(a) Findings.--The Congress finds that--
``(1) waste and inefficiency in Federal programs undermine the
confidence of the American people in the Government and reduces the
Federal 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) Purposes.--The purposes of this Act [see Short Title of 1993
Amendment note set out under section 1101 of this title] are to--
``(1) improve the confidence of the American people in the
capability of the Federal Government, by systematically holding
Federal agencies accountable for achieving program results;
``(2) initiate program performance reform with a series of pilot
projects in setting program goals, measuring program performance
against those goals, and reporting publicly on their progress;
``(3) improve Federal program effectiveness and public
accountability by promoting a new focus on results, service quality,
and customer satisfaction;
``(4) help Federal managers improve service delivery, by
requiring that they plan for meeting program objectives and by
providing them with information about program results and service
quality;
``(5) improve congressional decisionmaking by providing more
objective information on achieving statutory objectives, and on the
relative effectiveness and efficiency of Federal programs and
spending; and
``(6) improve internal management of the Federal Government.''
Congressional Oversight
Section 8(a) of Pub. L. 103-62 provided that: ``Nothing in this Act
[see Short Title of 1993 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 performance goal. Any such action
shall have the effect of superseding that goal in the plan submitted
under section 1105(a)(29) [now 1105(a)(28)] of title 31, United States
Code.''
General Accounting Office Report
Section 8(b) of Pub. L. 103-62 provided that:
``No later than June 1, 1997, the Comptroller General of the United
States shall report to Congress on the implementation of this Act [see
Short Title of 1993 Amendment note set out under section 1101 of this
title], including the prospects for compliance by Federal agencies
beyond those participating as pilot projects under sections 1118 and
9704 of title 31, United States Code.''
Strategic Planning and Performance Measurement Training
Section 9 of Pub. L. 103-62 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.''
Section Referred to in Other Sections
This section is referred to in sections 1105, 1116, 1117, 1118,
1119, 9703, 9704 of this title; title 5 section 306; title 15 sections
638, 7406; title 23 section 508; title 40 section 11315; title 41
section 414; title 44 sections 3534, 3544.
