Page:United States Statutes at Large Volume 124.djvu/3898

124 STAT. 3872 PUBLIC LAW 111–352—JAN. 4, 2011 ‘‘(4) describe the use and assess the effectiveness in achieving performance goals of any waiver under section 9703 of this title; ‘‘(5) include a review of the performance goals and evalua- tion 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 limita- tions if needed to reach the required level of accuracy; and ‘‘(7) include the summary findings of those program evalua- tions completed during the period covered by the update. ‘‘(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 pursu- ant 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 consid- ered to be inherently governmental functions. The drafting of agency performance updates under this section shall be performed only by Federal employees. ‘‘(f) Each fiscal year, the Office of Management and Budget shall determine whether the agency programs or activities meet performance goals and objectives outlined in the agency perform- ance plans and submit a report on unmet goals to— ‘‘(1) the head of the agency; ‘‘(2) the Committee on Homeland Security and Govern- mental Affairs of the Senate; ‘‘(3) the Committee on Oversight and Governmental Reform of the House of Representatives; and ‘‘(4) the Government Accountability Office. ‘‘(g) If an agency’s programs or activities have not met perform- ance goals as determined by the Office of Management and Budget for 1 fiscal year, the head of the agency shall submit a performance improvement plan to the Office of Management and Budget to increase program effectiveness for each unmet goal with measurable milestones. The agency shall designate a senior official who shall oversee the performance improvement strategies for each unmet goal. ‘‘(h)(1) If the Office of Management and Budget determines that agency programs or activities have unmet performance goals for 2 consecutive fiscal years, the head of the agency shall— ‘‘(A) submit to Congress a description of the actions the Administration will take to improve performance, including proposed statutory changes or planned executive actions; and Submission. Designation. Deadline. Determination. Classified information.