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31 U.S.C. § 1116 — Agency performance reporting

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 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 not later 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; (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 an

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Stable record: federal_law:legal_authorities:record_usc_ecbc72142c4755f73db8c017
Source file: Laws/federal/codes/united-states-code/title-31/section-1116-agency-performance-reporting--60f665927f.md
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Source location: Title 31, Chapter 11, § 1116; chapter-011-the-budget-and-fiscal-budget-and-program-information.md

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**(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 not later 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; (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9703&num=0&edition=prelim); (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; (7) include the summary findings of those program evaluations completed during the period covered by the update; and (8) include a summary of the findings of the review of the agency under section 1121(c). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9703 — Managerial accountability and flexibility

**(a)** Beginning with fiscal year 1999, the performance plans required under section 1115 may include proposals to waive administrative procedural requirements and controls, including specification of personnel staffing levels, limitations on compensation or remuneration, and prohibitions or restrictions on funding transfers among budget object classification 20 and subclassifications 11, 12, 31, and 32 of each annual budget submitted under section 1105, in return for specific individual or organization accountability to achieve a performance goal. In preparing and submitting the performance plan under section 1105(a)(29),11 See References in Text note below. the Director of the Office of Management and Budget shall review and may approve any proposed waivers. A waiver shall take effect at the beginning of the fiscal year for which the waiver is approved. **(b)** Any such proposal under subsection (a) shall describe the anticipated effects on performance resulting from greater managerial or organizational flexibility, discretion, and authority, and shall quantify the expected improvements in performance resulting from any waiver. The expected improvements shall be compared to current actual performance, and to the projected level of performance that would be achieved independent of any waiver. **(c)** Any proposal waiving limitations on compensation or remuneration shall precisely express the monetary change in compensation or remuneration amounts, such as bonuses or awards, that shall result from meeting, exceeding, or failing to meet performance goals. **(d)** Any proposed waiver of procedural requirements or controls imposed by an agency (other than the proposing agency or the Office of Management and Budget) may not be included in a performance plan unless it is

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 9703

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1204 — Powers and functions of the Merit Systems Protection Board

**(a)** The Merit Systems Protection Board shall— (1) hear, adjudicate, or provide for the hearing or adjudication, of all matters within the jurisdiction of the Board under this title, chapter 43 of title 38, or any other law, rule, or regulation, and, subject to otherwise applicable provisions of law, take final action on any such matter; (2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order; (3) conduct, from time to time, special studies relating to the civil service and to other merit systems in the executive branch, and report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and (4) review, as provided in subsection (f), rules and regulations of the Office of Personnel Management. **(b)** (1) Any member of the Merit Systems Protection Board, any administrative law judge appointed by the Board under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), and any employee of the Board designated by the Board may administer oaths, examine witnesses, take depositions, and receive evidence. (2) Any member of the Board, any administrative law judge appointed by the Board under section 3105, and any employee of the Board designated by the Board may, with respect to any individual— (A) issue subpoenas requiring the attendance and presentation of testimony of any such individual, and the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwe

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3516 — Reports consolidation

**(a)** (1) With the concurrence of the Director of the Office of Management and Budget, the head of an executive agency may adjust the frequency and due dates of, and consolidate into an annual report to the President, the Director of the Office of Management and Budget, and Congress any statutorily required reports described in paragraph (2). Such a consolidated report shall be submitted to the President, the Director of the Office of Management and Budget, and to appropriate committees and subcommittees of Congress not later than 150 days after the end of the agency’s fiscal year. (2) The following reports may be consolidated into the report referred to in paragraph (1): (A) Any report by an agency to Congress, the Office of Management and Budget, or the President under section 1116, this chapter, and chapters 9, 33, 37, 75, and 91. (B) The following agency-specific reports: (i) The biennial financial management improvement plan by the Secretary of Defense under section 2222 11 See References in Text note below. of title 10. (ii) The annual report of the Attorney General under [section 522 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section522&num=0&edition=prelim). (C) Any other statutorily required report pertaining to an agency’s financial or performance management if the head of the agency— (i) determines that inclusion of that report will enhance the usefulness of the reported information to decision makers; and (ii) consults in advance of inclusion of that report with the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and any other committee of Congress having jurisdiction with respect to the report proposed for inclusion.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3516

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44501 — Plans and policy

**(a) Long Range Plans and Policy Requirements.—** The Administrator of the Federal Aviation Administration shall make long range plans and policy for the orderly development and use of the navigable airspace, and the orderly development of air navigation facilities and services, that will best meet the needs of, and serve the interests of, civil aeronautics and the national defense, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern. **(b) Airway Capital Investment Plan.—** The Administrator of the Federal Aviation Administration shall review, revise, and publish a national airways system plan, known as the Airway Capital Investment Plan, before the beginning of each fiscal year. The plan shall set forth— (1) for a 10-year period, the research, engineering, procurement, and development programs and the facilities, services, and equipment that the Administrator considers necessary for a system of airways, air traffic services, and navigation aids that will— (A) meet the forecasted needs of civil aeronautics; (B) meet the requirements that the Secretary of Defense establishes for the support of the national defense; and (C) provide the highest degree of safety in air commerce; (2) for the first and second years of the plan, detailed annual estimates of— (A) the number, type, location, and cost of acquiring, operating, and maintaining required facilities and services; (B) the cost of research, engineering, procurement, and development required to improve safety, system capacity, and efficiency; and (C) personnel levels required for the activities described in subparagraphs (A) and (B); (3) for the third, fourth, and fifth years of the plan, estimates of the total cost of each major program for the

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 4802 — Securities and Exchange Commission

**(a)** In this section, the term “Commission” means the Securities and Exchange Commission. **(b)** The Commission may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out its functions under the securities laws as defined under section 3 of the Securities Exchange Act of 1934 ([15 U.S.C. 78c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78c&num=0&edition=prelim)). **(c)** Rates of basic pay for all employees of the Commission may be set and adjusted by the Commission without regard to the provisions of chapter 51 or subchapter III of chapter 53. **(d)** The Commission may provide additional compensation and benefits to employees of the Commission if the same type of compensation or benefits are then being provided by any agency referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ([12 U.S.C. 1833b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833b&num=0&edition=prelim)) or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. In setting and adjusting the total amount of compensation and benefits for employees, the Commission shall consult with, and seek to maintain comparability with, the agencies referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ([12 U.S.C. 1833b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833b&num=0&edition=prelim)). **(e)** The Commission shall consult with the Office of Personnel Management in the implementation of this section. **(f)** This section shall be administered consistent wi

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4802

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 397 — National Computer Forensics Institute

**(a) In general; mission** There is authorized for fiscal years 2023 through 2028 within the United States Secret Service a National Computer Forensics Institute (in this section referred to as the “Institute”). The Institute’s mission shall be to educate, train, and equip State, local, territorial, and Tribal law enforcement officers, prosecutors, and judges, as well as participants in the United States Secret Service’s network of cyber fraud task forces who are Federal employees, members of the uniformed services, or State, local, Tribal, or territorial employees, regarding the investigation and prevention of cybersecurity incidents, electronic crimes, and related cybersecurity threats, including through the dissemination of homeland security information, in accordance with relevant Federal law regarding privacy, civil rights, and civil liberties protections. **(b) Curriculum** In furtherance of subsection (a), all education and training of the Institute shall be conducted in accordance with relevant Federal law regarding privacy, civil rights, and civil liberties protections. Education and training provided pursuant to subsection (a) shall relate to the following: (1) Investigating and preventing cybersecurity incidents, electronic crimes, and related cybersecurity threats, including relating to instances involving illicit use of digital assets and emerging trends in cybersecurity and electronic crime. (2) Conducting forensic examinations of computers, mobile devices, and other information systems. (3) Prosecutorial and judicial considerations related to cybersecurity incidents, electronic crimes, related cybersecurity threats, and forensic examinations of computers, mobile devices, and other information systems. (4) Methods to obtain, process, store, and admit

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1116 — Agency performance reporting

Page 152 TITLE 31—MONEY AND FINANCE § 1116 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 sec- tion 1018 of the Intelligence Reform and Terrorism Pre- vention 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, enforce- able at law or in equity, by any party against the United States, its agencies, or entities, its officers, em- ployees, or agents, or any other person. GEORGE W. BUSH. § 1116. Agency performance reporting (a) The head of each agency shall make avail- able 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 per- formance achieved with the performance goals established in the agency performance plan under section 1115(b) and shall occur not later than 150 days after the end of each fiscal year, with more frequent updates of actual perform- ance on indicators that provide data of signifi- cant value to the Government, Congress, or pro- gram partners at a reasonable level of adminis- trative burden. (2) If performance goals are specified in an al- ternative form under section 1115(c), the results shall be described in relation to such specifica- tions, 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 per- formance goals and include actual results for the 5 preceding fiscal years; (2) evaluate the performance plan for the current fiscal year relative to the performance achieved toward the perf

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