---
kind: "section"
citation: "40 U.S.C. § 11303"
title: "40"
title_heading: "Public Buildings, Property, and Works"
number: "11303"
heading: "Performance-based and results-based management"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/40/11303"
units:
  - "Subtitle III — Information Technology Management"
  - "Chapter 113 — Responsibility for Acquisitions of Information Technology"
  - "Subchapter I — Director of Office of Management and Budget"
---

# §11303. Performance-based and results-based management

- (a) **In General.—** The Director of the Office of Management and Budget shall encourage the use of performance-based and results-based management in fulfilling the responsibilities assigned under [section 3504(h) of title 44](/usc/44/3504.md?p=h).
- (b) **Evaluation of Agency Programs and Investments.—**
  - (1) **Requirement.—** The Director shall evaluate the [information resources management](/usc/40/11101.md?p=4) practices of the [executive agencies](/usc/40/102.md?p=4) with respect to the performance and results of the investments made by the [executive agencies](/usc/40/102.md?p=4) in [information technology](/usc/40/11101.md?p=6).
  - (2) **Direction for executive agency action.—** The Director shall issue to the head of each [executive agency](/usc/40/102.md?p=4) clear and concise direction that the head of each agency shall—
    - (A) establish effective and efficient capital planning processes for selecting, managing, and evaluating the results of all of its major investments in [information systems](/usc/40/11101.md?p=5);
    - (B) determine, before making an investment in a new [information system](/usc/40/11101.md?p=5)—
      - (i) whether the function to be supported by the system should be performed by the private sector and, if so, whether any component of the [executive agency](/usc/40/102.md?p=4) performing that function should be converted from a governmental organization to a private sector organization; or
      - (ii) whether the function should be performed by the [executive agency](/usc/40/102.md?p=4) and, if so, whether the function should be performed by a private sector source under contract or by [executive agency](/usc/40/102.md?p=4) personnel;
    - (C) analyze the missions of the [executive agency](/usc/40/102.md?p=4) and, based on the analysis, revise the [executive agency](/usc/40/102.md?p=4)’s mission-related processes and administrative processes, as appropriate, before making significant investments in [information technology](/usc/40/11101.md?p=6) to be used in support of those missions; and
    - (D) ensure that the information security policies, procedures, and practices are adequate.
  - (3) **Guidance for multiagency investments.—** The direction issued under [paragraph (2)](#b-2) shall include guidance for undertaking efficiently and effectively interagency and Federal Government-wide investments in [information technology](/usc/40/11101.md?p=6) to improve the accomplishment of missions that are common to the [executive agencies](/usc/40/102.md?p=4).
  - (4) **Periodic reviews.—** The Director shall implement through the budget process periodic reviews of selected [information resources management](/usc/40/11101.md?p=4) activities of the [executive agencies](/usc/40/102.md?p=4) to ascertain the efficiency and effectiveness of [information technology](/usc/40/11101.md?p=6) in improving the performance of the [executive agency](/usc/40/102.md?p=4) and the accomplishment of the missions of the [executive agency](/usc/40/102.md?p=4).
  - (5) **Enforcement of accountability.—**
    - (A) **In general.—** The Director may take any action that the Director considers appropriate, including an action involving the budgetary process or appropriations management process, to enforce accountability of the head of an [executive agency](/usc/40/102.md?p=4) for [information resources management](/usc/40/11101.md?p=4) and for the investments made by the [executive agency](/usc/40/102.md?p=4) in [information technology](/usc/40/11101.md?p=6).
    - (B) **Specific actions.—** Actions taken by the Director may include—
      - (i) recommending a reduction or an increase in the amount for [information resources](/usc/40/11101.md?p=3) that the head of the [executive agency](/usc/40/102.md?p=4) proposes for the budget submitted to Congress under [section 1105(a) of title 31](/usc/31/1105.md?p=a);
      - (ii) reducing or otherwise adjusting apportionments and reapportionments of appropriations for [information resources](/usc/40/11101.md?p=3);
      - (iii) using other administrative controls over appropriations to restrict the availability of amounts for [information resources](/usc/40/11101.md?p=3); and
      - (iv) designating for the [executive agency](/usc/40/102.md?p=4) an executive agent to contract with private sector sources for the performance of [information resources management](/usc/40/11101.md?p=4) or the acquisition of [information technology](/usc/40/11101.md?p=6).

## Source credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1238.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 11303 | 40:1413. | Pub. L. 104–106, div. E, title LI, § 5113, Feb. 10, 1996, 110 Stat. 681. |