
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[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)(29),\1\ 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--
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    \1\ See References in Text note below.
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        (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) briefly describe the operational processes, skills and 
    technology, and the human, capital, information, or other resources 
    required to meet the performance goals;
        (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) For purposes of this section and sections 1116 through 1119, and 
sections 9703 \2\ and 9704 the term--
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    \2\ See References in Text note below.
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        (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.)

                       References in Text

    Section 1105(a)(29), referred to in subsec. (a), was redesignated 
section 1105(a)(28) of this title by Pub. L. 104-287, Sec. 4(1), Oct. 
11, 1996, 110 Stat. 3388.
    Section 9703, referred to in subsec. (f), probably means the section 
9703 added by section 5(a) of Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 
289.


                              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 section 
638; title 23 section 508; title 40 section 1425.
