§ 1116. — Program performance reports.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC1116]
TITLE 31--MONEY AND FINANCE
SUBTITLE II--THE BUDGET PROCESS
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
Sec. 1116. Program performance reports
(a) Not later than 150 days after the end of an agency's fiscal
year, the head of each agency shall prepare and submit to the President
and the Congress, a report on program performance for the previous
fiscal year.
(b)(1) Each program performance report shall set forth the
performance indicators established in the agency performance plan under
section 1115, along with the actual program performance achieved
compared with the performance goals expressed in the plan for that
fiscal year.
(2) If performance goals are specified in an alternative form under
section 1115(b), the results of such program 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) The report for fiscal year 2000 shall include actual results for
the preceding fiscal year, the report for fiscal year 2001 shall include
actual results for the two preceding fiscal years, and the report for
fiscal year 2002 and all subsequent reports shall include actual results
for the three preceding fiscal years.
(d) Each report shall--
(1) review the success of achieving the performance goals of the
fiscal year;
(2) evaluate the performance plan for the current fiscal year
relative to the performance achieved toward the performance goals in
the fiscal year covered by the report;
(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(b)(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 \1\ of this
title;
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\1\ See References in Text note below.
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(5) include a review of the performance goals and evaluation of
the performance plan relative to the agency's strategic human
capital management; and
(6) include the summary findings of those program evaluations
completed during the fiscal year covered by the report.
(e)(1) Except as provided in paragraph (2), each program performance
report shall contain an assessment by the agency head of the
completeness and reliability of the performance data included in the
report. The assessment shall describe any material inadequacies in the
completeness and reliability of the performance data, and the actions
the agency can take and is taking to resolve such inadequacies.
(2) If a program performance report is incorporated into a report
submitted under section 3516, the requirements of section 3516(e) shall
apply in lieu of paragraph (1).
(f) The functions and activities of this section shall be considered
to be inherently Governmental functions. The drafting of program
performance reports under this section shall be performed only by
Federal employees.
(Added Pub. L. 103-62, Sec. 4(b), Aug. 3, 1993, 107 Stat. 288; amended
Pub. L. 106-531, Sec. 5(a)(1), (b), Nov. 22, 2000, 114 Stat. 2539; Pub.
L. 107-296, title XIII, Sec. 1311(b), Nov. 25, 2002, 116 Stat. 2290.)
References in Text
Section 9703, referred to in subsec. (d)(4), probably means the
section 9703 added by section 5(a) of Pub. L. 103-62, Aug. 3, 1993, 107
Stat. 289.
Amendments
2002--Subsec. (d)(5), (6). Pub. L. 107-296 added par. (5) and
redesignated former par. (5) as (6).
2000--Subsec. (a). Pub. L. 106-531, Sec. 5(a)(1), substituted ``Not
later than 150 days after the end of an agency's fiscal year,'' for ``No
later than March 31, 2000, and no later than March 31 of each year
thereafter,''.
Subsec. (e). Pub. L. 106-531, Sec. 5(b), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ``An agency
head may include all program performance information required annually
under this section in an annual financial statement required under
section 3515 if any such statement is submitted to the Congress no later
than March 31 of the applicable fiscal year.''
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
No provision or amendment made by Pub. L. 103-62 to be construed as
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 not an officer or employee of the United States
acting in such capacity to have standing to file any civil action in any
court of the United States to enforce any provision or amendment made by
Pub. L. 103-62, or to be construed as superseding any statutory
requirement, see section 10 of Pub. L. 103-62, set out as a note under
section 1115 of this title.
Special Rule for Fiscal Years 2000 and 2001
Pub. L. 106-531, Sec. 5(a)(2), Nov. 22, 2000, 114 Stat. 2539,
provided that: ``Notwithstanding subsection (a) of section 1116 of title
31, United States Code (as amended by paragraph (1) of this subsection),
an agency head may submit a report under such subsection not later than
180 days after the end of that agency's fiscal year, with respect to
fiscal years 2000 and 2001.''
Section Referred to in Other Sections
This section is referred to in sections 1115, 1117, 1118, 1119, 3516
of this title; title 23 section 508; title 40 section 11315; title 41
section 414; title 44 sections 3534, 3544; title 49 section 44501.
