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

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. 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. 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. review the success of achieving the performance goals and include actual results for the 5 preceding fiscal years; 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; why the goal was not met; those plans and schedules for achieving the established performance goal; and if the performance goal is impractical or infeasible, why that is the case and what action is recommended; describe the use and assess the effectiveness in achieving performance goals of any waiver under section 9703 of this title ; include a review of the performance goals and evaluation of the performance plan relative to the agency’s strategic human capital management; the means used to verify and validate measured values; the sources for the data; the level of accuracy required for the intended use of the data; any limitations to the data at the required level of accuracy; and how the agency has compensated for such limitations if needed to reach the required level of accuracy; include the summary findings of those program evaluations completed during the period covered by the update; and include a summary of the findings of the review of the agency under section 1121(c). 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). 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. Information relating to the outcome of cases decided by the Merit Systems Protection Board during the period covered by such report in which violations of section 2302(b)(8) or (9)(A)(i), (B)(i), (C), or (D) of title 5, United States Code, were alleged. The number of such cases filed in the regional and field offices, and the number of petitions for review filed in such cases, during the period covered by such report, and the outcomes of any such cases or petitions for review (irrespective of when filed) decided during such period. The first report described under paragraph (1) submitted after the date of enactment of this Act [ Nov. 27, 2012 ] shall include an addendum required under that paragraph that covers the period beginning on the effective date of this Act [see Effective Date of 2012 Amendment note set out under section 1204 of Title 5 , Government Organization and Employees] and ending at the end of the fiscal year in which such effective date occurs.”