124 STAT. 3870 PUBLIC LAW 111–352—JAN. 4, 2011 ‘‘(A)(i) a minimally effective program; and ‘‘(ii) a successful program; or ‘‘(B) such alternative as authorized by the Director of the Office of Management and Budget, with sufficient precision and in such terms that would allow for an accurate, independent determination of whether the pro- gram activity’s performance meets the criteria of the description; or ‘‘(2) state why it is infeasible or impractical to express a performance goal in any form for the program activity. ‘‘(d) TREATMENT OF PROGRAM ACTIVITIES.—For the purpose of complying with this section, an agency may aggregate, disaggregate, or consolidate program activities, except that any aggregation or consolidation may not omit or minimize the significance of any program activity constituting a major function or operation for the agency. ‘‘(e) APPENDIX.—An agency may submit with an annual performance plan an appendix covering any portion of the plan that— ‘‘(1) is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; and ‘‘(2) is properly classified pursuant to such Executive order. ‘‘(f) INHERENTLY GOVERNMENTAL FUNCTIONS.—The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of performance plans under this section shall be performed only by Federal employees. ‘‘(g) CHIEF HUMAN CAPITAL OFFICERS.—With respect to each agency with a Chief Human Capital Officer, the Chief Human Capital Officer shall prepare that portion of the annual performance plan described under subsection (b)(5)(A). ‘‘(h) DEFINITIONS.—For purposes of this section and sections 1116 through 1125, and sections 9703 and 9704, the term— ‘‘(1) ‘agency’ has the same meaning as such term is defined under section 306(f) of title 5; ‘‘(2) ‘crosscutting’ means across organizational (such as agency) boundaries; ‘‘(3) ‘customer service measure’ means an assessment of service delivery to a customer, client, citizen, or other recipient, which can include an assessment of quality, timeliness, and satisfaction among other factors; ‘‘(4) ‘efficiency measure’ means a ratio of a program activity’s inputs (such as costs or hours worked by employees) to its outputs (amount of products or services delivered) or outcomes (the desired results of a program); ‘‘(5) ‘major management challenge’ means programs or management functions, within or across agencies, that have greater vulnerability to waste, fraud, abuse, and mismanage- ment (such as issues identified by the Government Account- ability Office as high risk or issues identified by an Inspector General) where a failure to perform well could seriously affect the ability of an agency or the Government to achieve its mission or goals; ‘‘(6) ‘milestone’ means a scheduled event signifying the completion of a major deliverable or a set of related deliverables or a phase of work;
