Calendar No. 96

103D CONGRESS

1ST SESSION S. 20

[Report No. 103–58]

A BILL

To provide for the establishment, testing, and evalother purposes. measurement in the Federal Government, and for uation of strategic planning and performance

JUNE 16 (legislative day, JUNE 15), 1993

Reported with amendments and an amendment to the

title
II

Calendar No. 96

103D CONGRESS

1ST SESSION S. 20

[Report No. 103–58]

To provide for the establishment, testing, and evaluation of strategic planning

and performance measurement in the Federal Government, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. ROTH (for himself, Mr. GLENN, Mr. GRAHAM, Mr. METZENBAUM, Mr.

MCCAIN, Mr. AKAKA, Mr. ROBB, Mr. LUGAR, Mr. BINGAMAN, Mr. SIMPSON, Mr. SMITH, Mr. HATCH, Mr. COHEN, Mr. DORGAN, Mr.

LIEBERMAN, Mr. COCHRAN, Mr. LOTT, Mr. REID, Mr. GRASSLEY, Mr.

CAMPBELL, and Mrs. FEINSTEIN) introduced the following bill; which

was read twice and referred to the Committee on Governmental Affairs

JUNE 16 (legislative day, JUNE 15), 1993

Reported by Mr. GLENN, with amendments and an amendment to the title

[Omit the part struck through and insert the part printed in italic]

A BILL

To provide for the establishment, testing, and evaluation

of strategic planning and performance measurement in

the Federal Government, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Government Perform3 ance and Results Act of 1993’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—The Congress finds that—

6 (1) waste and inefficiency in Federal programs

7 undermine the confidence of the American people in

8 the Government and reduces the Federal Govern9 ment’s ability to address adequately vital public

10 needs;

11 (2) Federal managers are seriously disadvan12 taged in their efforts to improve program efficiency

13 and effectiveness, because of insufficient articulation

14 of program goals and inadequate information on

15 program performance; and

16 (3) congressional policymaking, spending deci17 sions and program oversight are seriously handi18 capped by insufficient attention to program perform19 ance and results.

20 (b) PURPOSES.—The purposes of this Act are to—

21 (1) improve the confidence of the American peo22 ple in the capability of the Federal Government, by

23 systematically holding Federal agencies accountable

24 for achieving program results;

25 (2) initiate program performance reform with a

26 series of pilot projects in setting program goals,
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1 measuring program performance against those goals,

2 and reporting publicly on their progress;

3 (3) improve Federal program effectiveness and

4 public accountability by promoting a new focus on

5 results, service quality, and customer satisfaction;

6 (4) help Federal managers improve service de7 livery, by requiring that they plan for meeting pro8 gram objectives and by providing them with informa9 tion about program results and service quality;

10 (5) improve congressional decisionmaking by

11 providing more objective information on achieving

12 statutory objectives, and on the relative effectiveness

13 and efficiency of Federal programs and spending;

14 and

15 (6) improve internal management of the Fed16 eral Government, and the intent of this Act is not

17 to create any right or benefit, substantive or proce18 dural, enforceable at law by any party against the

19 United States, or any agency or office of the United

20 States.

21 SEC. 3. STRATEGIC PLANNING.

22 Chapter 3 of title 5, United States Code, is amended

23 by adding after section 305 the following new section:
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1 ‘‘§ 306. Strategic plans

2 ‘‘(a) No later than September 30, 1997, the head of

3 each agency shall submit to the Director of the Office of

4 Management and Budget and to the Congress a strategic

5 plan for program activities. Such plan shall contain—

6 ‘‘(1) a comprehensive mission statement cover7 ing the major functions and operations of the

8 agency;

9 ‘‘(2) general goals and objectives, including out10 come-related goals and objectives, for the major

11 functions and operations of the agency;

12 ‘‘(3) a description of how the goals and objec13 tives are to be achieved, including a description of

14 the operational processes, skills and technology, and

15 the human, capital, information, and other resources

16 required to meet those goals and objectives;

17 ‘‘(4) a description of how the performance goals

18 included in the plan required by section 1115(a) of

19 title 31 shall be related to the general goals and ob20 jectives in the strategic plan;

21 ‘‘(5) an identification of those key factors exter22 nal to the agency and beyond its control that could

23 significantly affect the achievement of the general

24 goals and objectives; and

25 ‘‘(6) a description of the program evaluations

26 used in establishing or revising general goals and ob-
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1 jectives, with a schedule for future program evalua2 tions.

3 ‘‘(b) The strategic plan shall cover a period of not

4 less than five years forward from the fiscal year in which

5 it is submitted, and shall be updated and revised at least

6 every three years.

7 ‘‘(c) The performance plan required by section 1115

8 of title 31 shall be consistent with the agency’s strategic

9 plan. A performance plan may not be submitted for a fis10 cal year not covered by a current strategic plan under this

11 section.

12 ‘‘(d) When developing a strategic plan, the agency

13 shall consult with the Congress, and shall solicit and con14 sider the views and suggestions of those entities poten15 tially affected by or interested in such a plan.

16 ‘‘(e) The functions and activities of this section shall

17 be considered to be inherently Governmental functions. The

18 drafting of strategic plans under this section shall be per19 formed only by Federal employees.

20 ‘‘(e) (f) For purposes of this section the term ‘agency’

21 means an Executive agency defined under section 105, but

22 does not include the Central Intelligence Agency, the Gen23 eral Accounting Office, the Panama Canal Commission,

24 the United States Postal Service, and the Postal Rate

25 Commission.’’.
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1 SEC. 4. ANNUAL PERFORMANCE PLANS AND REPORTS.

2 (a) BUDGET CONTENTS AND SUBMISSION TO CON3 GRESS.—Section 1105(a) of title 31, United States Code,

4 is amended by adding at the end thereof the following new

5 paragraph:

6 ‘‘(29) beginning with fiscal year 1999, a Fed7 eral Government performance plan for the overall

8 budget as provided for under section 1115.’’.

9 (b) PERFORMANCE PLANS AND REPORTS.—Chapter

10 11 of title 31, United States Code, is amended by adding

11 after section 1114 the following new sections:

12 ‘‘§ 1115. Performance plans

13 ‘‘(a) In carrying out the provisions of section

14 1105(a)(29), the Director of the Office of Management and

15 Budget shall require each agency to prepare an annual

16 performance plan covering each program activity set forth

17 in the budget of such agency. Such plan shall—

18 ‘‘(1) establish performance goals to define the

19 level of performance to be achieved by a program

20 activity;

21 ‘‘(2) express such goals in an objective, quan22 tifiable, and measurable form unless permitted au23 thorized to be in an alternative form under sub24 section (b);

25 ‘‘(3) briefly describe the operational processes,

26 skills and technology, and the human, capital, infor-
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1 mation, and or other resources required to meet the

2 performance goals;

3 ‘‘(4) establish performance indicators to be used

4 in measuring or assessing the relevant outputs, serv5 ice levels, and outcomes of each program activity;

6 ‘‘(5) provide a basis for comparing actual pro7 gram results with the established performance goals;

8 and

9 ‘‘(6) describe the means to be used to verify

10 and validate measured values.

11 ‘‘(b) If an agency, in consultation with the Director

12 of the Office of Management and Budget, determines that

13 it is not feasible to express the performance goals for a

14 particular program activity in an objective, and quantifi15 able, and measurable form, the Director of the Office of

16 Management and Budget may authorize an alternative

17 form. Such alternative form shall—

18 ‘‘(1) include separate descriptive statements

19 of—

20 ‘‘(A)(i) a minimally effective program, and

21 ‘‘(B) (ii) a successful program, or

22 ‘‘(B) such alternative as authorized by the

23 Director of the Office of Management and

24 Budget,
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1 with sufficient precision and in such terms that

2 would allow for an accurate, independent determina3 tion of whether the program activity’s performance

4 meets the criteria of either the description; or

5 ‘‘(2) state why it is infeasible or impractical to

6 express a performance goal in any form for the pro7 gram activity.

8 ‘‘(c) In preparing a comprehensive and informative

9 plan under For the purpose of complying with this section,

10 an agency may aggregate, disaggregate, or consolidate

11 program activities, provided except that any aggregation

12 or consolidation does may not omit or minimize the signifi13 cance of any program activity constituting a major func14 tion or operation for the agency.

15 ‘‘(d) An agency may prepare a classified or non-pub16 lic annex to its plan covering program activities or parts

17 of program activities relating to—

18 ‘‘(1) national security;

19 ‘‘(2) the conduct of foreign affairs; or

20 ‘‘(3) the avoidance of interference with criminal

21 prosecution or revenue collection.

22 ‘‘(e) The functions and activities of this section shall

23 be considered to be inherently Governmental functions. The

24 drafting of performance plans under this section shall be

25 performed only by Federal employees.
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1 ‘‘(e) (f) For purposes of this section and sections

2 1116 through 1119, and section sections 9703 and 9704

3 the term—

4 ‘‘(1) ‘agency’ means an Executive agency de5 fined under section 105 of title 5, United States

6 Code, but does not include the Central Intelligence

7 Agency, the General Accounting Office, the Panama

8 Canal Commission, the United States Postal Service,

9 and the Postal Rate Commission; has the same

10 meaning as such term is defined under section 306(f)

11 of title 5;

12 ‘‘(2) ‘outcome measure’ refers to means an as13 sessment of the results of a program activity com14 pared to its intended purpose;

15 ‘‘(3) ‘output measure’ refers to means the tab16 ulation, calculation, or recording of activity or effort

17 and can be expressed in a quantitative or qualitative

18 manner;

19 ‘‘(4) ‘performance goal’ means a target level of

20 performance expressed as a tangible, measurable ob21 jective, against which actual achievement shall can

22 be compared, including a goal expressed as a quan23 titative standard, value, or rate;
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1 ‘‘(5) ‘performance indicator’ refers to means a

2 particular value or characteristic used to measure

3 output or outcome;

4 ‘‘(6) ‘program activity’ means a specific activity

5 or project as listed in the program and financing

6 schedules of the annual budget of the United States

7 Government; and

8 ‘‘(7) ‘program evaluation’ means an assessment,

9 through objective measurement and systematic anal10 ysis, of the manner and extent to which Federal pro11 grams achieve intended objectives.

12 ‘‘§ 1116. Program performance reports

13 ‘‘(a) No later than March 31, 2000, and no later than

14 March 31 of each year thereafter, the head of each agency

15 shall prepare and submit to the President and the Con16 gress, a report on program performance for the previous

17 fiscal year.

18 ‘‘(b)(1) Each program performance report shall set

19 forth the performance indicators established in the depart20 mental or agency performance plan under section 1115,

21 along with the actual program performance achieved com22 pared with the performance goals expressed in the plan

23 for that fiscal year.

24 ‘‘(2) If performance goals are specified by descriptive

25 statements of a minimally effective program activity and
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1 a successful program activity, the results of such program

2 shall be described in relationship to those categories, in3 cluding whether the performance failed to meet the cri4 teria of either category.

5 ‘‘(2) If performance goals are specified in an alter6 native form under section 1115(b), the results of such pro7 gram shall be described in relation to such specifications,

8 including whether the performance failed to meet the cri9 teria of a minimally effective or successful program.

10 ‘‘(c) The report for fiscal year 2000 shall include ac11 tual results for the preceding fiscal year, the report for

12 fiscal year 2001 shall include actual results for the two

13 preceding fiscal years, and the report for fiscal year 2002

14 and all subsequent reports shall include actual results for

15 the three preceding fiscal years.

16 ‘‘(d) Each report shall—

17 ‘‘(1) review the success of achieving the per18 formance goals of the fiscal year;

19 ‘‘(2) evaluate the performance plan for the cur20 rent fiscal year relative to the performance achieved

21 toward the performance goals in the fiscal year cov22 ered by the report;

23 ‘‘(3) explain and describe, where a performance

24 goal has not been met, (including when a program

25 activity’s performance is determined not to have met
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1 the criteria of a successful program activity under

2 section 1115(b)(2) section 1115(b)(1)(A)(ii) or a cor3 responding level of achievement if another alternative

4 form is used)—

5 ‘‘(A) why the goal was not met;

6 ‘‘(B) those plans and schedules for achiev7 ing the established performance goal; and

8 ‘‘(C) if the performance goal is impractical

9 or infeasible, why that is the case and what ac10 tion is recommended;

11 ‘‘(4) describe the use and assess the effective12 ness in achieving performance goals of any waiver

13 under section 9703 of this title; and

14 ‘‘(5) include the summary findings of those pro15 gram evaluations completed during the fiscal year

16 covered by the report.

17 ‘‘(e) The An agency head may include all program

18 performance information required annually under this sec19 tion in an annual financial statement required under sec20 tion 3515 if any such statement is submitted to the Con21 gress no later than March 31 of the applicable fiscal year.

22 ‘‘(f) The functions and activities of this section shall

23 be considered to be inherently Governmental functions. The

24 drafting of program performance reports under this section

25 shall be performed only by Federal employees.
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1 ‘‘§ 1117. Exemption

2 ‘‘The Director of the Office of Management and

3 Budget may exempt from the requirements of sections

4 1115 and 1116 of this title and section 306 of title 5, any

5 agency with annual outlays of $20,000,000 or less.’’.

6 SEC. 5. MANAGERIAL ACCOUNTABILITY AND FLEXIBILITY.

7 (a) MANAGERIAL ACCOUNTABILITY AND FLEXIBIL8 ITY.—Chapter 97 of title 31, United States Code, is

9 amended by adding after section 9702, the following new

10 section:

11 ‘‘§ 9703. Managerial accountability and flexibility

12 ‘‘(a) Beginning with fiscal year 1999, the perform13 ance plans required under section 1115 may include pro14 posals to waive administrative procedural requirements

15 and controls, including specification of personnel staffing

16 levels, limitations on compensation or remuneration, and

17 prohibitions or restrictions on funding transfers among

18 budget object classification 20 and subclassifications 11,

19 12, 31, and 32 of each annual budget submitted under

20 section 1105, in return for specific individual or organiza21 tion accountability to achieve a performance goal. In pre22 paring and submitting the performance plan under section

23 1105(a)(29), the Director of the Office of Management and

24 Budget shall review and may approve any proposed waiv25 ers. A waiver shall take effect at the beginning of the fiscal

26 year for which the waiver is approved.
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1 ‘‘(b) Any such proposal under subsection (a) shall de2 scribe the anticipated effects on performance resulting

3 from greater managerial or organizational flexibility, dis4 cretion, and authority, and shall quantify the expected im5 provements in performance resulting from any waiver. The

6 expected improvements shall be compared to current ac7 tual performance, and to the projected level of perform8 ance that would be achieved independent of any waiver.

9 ‘‘(c) Any proposal waiving limitations on compensa10 tion or remuneration shall precisely express the monetary

11 change in compensation or remuneration amounts, such

12 as bonuses or awards, that shall result from meeting, ex13 ceeding, or failing to meet performance goals.

14 ‘‘(d) Any proposed waiver of procedural requirements

15 or controls imposed by an agency (other than the propos16 ing agency or the Office of Management and Budget) shall

17 be may not be included in a performance plan unless it

18 is endorsed by the agency that established the require19 ment, and the endorsement included in the proposing

20 agency’s performance plan.

21 ‘‘(e) A waiver shall be in effect for one or two years

22 as specified by the Director of the Office of Management

23 and Budget in approving the waiver. A waiver may be re24 newed for a subsequent year. After a waiver has been in

25 effect for three consecutive years, the performance plan
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1 prepared under section 1115 may propose that a waiver,

2 other than a waiver of limitations on compensation or re3 muneration, be made permanent.’’.

4 ‘‘(f) For purposes of this section, the definitions under

5 section 1115(f) shall apply.’’.

6 SEC. 6. PILOT PROJECTS.

7 (a) PERFORMANCE PLANS AND REPORTS.—Chapter

8 11 of title 31, United States Code, is amended by inserting

9 after section 1117 (as added by section 4 of this Act) the

10 following new section:

11 ‘‘§ 1118. Pilot projects for performance goals

12 ‘‘(a) The Director of the Office of Management and

13 Budget, after consultation with the head of each agency,

14 shall designate not less than ten agencies as pilot projects

15 in performance measurement for fiscal years 1994, 1995,

16 and 1996. The selected agencies shall reflect a representa17 tive range of Government functions and capabilities in

18 measuring and reporting program performance.

19 ‘‘(b) Pilot projects in the designated agencies shall

20 undertake the preparation of performance plans under

21 section 1115, and program performance reports under sec22 tion 1116, other than section 1116(c), for one or more

23 of the major functions and operations of the agency. A

24 strategic plan shall be used when preparing agency per-
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1 formance plans during one or more years of the pilot

2 period.

3 ‘‘(c) No later than May 1, 1997, the Director of the

4 Office of Management and Budget shall submit a report

5 to the President and to the Congress which shall—

6 ‘‘(1) assess the benefits, costs, and usefulness

7 of the plans and reports prepared by the pilot agen8 cies in meeting the purposes of the Government Per9 formance and Results Act of 1992 1993;

10 ‘‘(2) identify any significant difficulties experi11 enced by the pilot agencies in preparing plans and

12 reports; and

13 ‘‘(3) set forth any recommended changes in the

14 requirements of the provisions of Government Per15 formance and Results Act of 1992 1993, section 306

16 of title 5, sections 1105, 1115, 1116, 1117, 1119

17 and 9704 9703 of this title, and this section.’’.

18 (b) MANAGERIAL ACCOUNTABILITY AND FLEXIBIL19 ITY.—Chapter 97 of title 31, United States Code, is

20 amended by inserting after section 9703 (as added by sec21 tion 5 of this Act) the following new section:

22 ‘‘§ 9704. Pilot projects for managerial accountability

23 and flexibility

24 ‘‘(a) The Director of the Office of Management and

25 Budget shall designate not less than five agencies as pilot
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1 projects in managerial accountability and flexibility for fis2 cal years 1995 and 1996. Such agencies shall be selected

3 from those designated as pilot projects under section 1118

4 and shall reflect a representative range of Government

5 functions and capabilities in measuring and reporting pro6 gram performance.

7 ‘‘(b) Pilot projects in the designated agencies shall

8 include proposed waivers in accordance with section 9703

9 for one or more of the major functions and operations of

10 the agency.

11 ‘‘(c) The Director of the Office of Management and

12 Budget shall include in the report to the President and

13 to the Congress required under section 1118(b) the follow14 ing section 1118(c)—

15 ‘‘(1) an assessment of the benefits, costs, and

16 usefulness of increasing managerial and organiza17 tional flexibility, discretion, and authority in ex18 change for improved performance through a waiver;

19 and

20 ‘‘(2) an identification of any significant difficul21 ties experienced by the pilot agencies in preparing

22 proposed waivers.

23 ‘‘(d) For purposes of this section the definitions

24 under section 1115(c)(f) shall apply.’’.
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1 (c) PERFORMANCE BUDGETING.—Chapter 11 of title

2 31, United States Code, is amended by inserting after sec3 tion 1118 (as added by section 6 of this Act) the following

4 new section:

5 ‘‘§ 1119. Pilot projects for performance budgeting

6 ‘‘(a) The Director of the Office of Management and

7 Budget, after consultation with the head of each agency

8 shall designate not less than five agencies as pilot projects

9 in performance budgeting for fiscal years 1998 and 1999.

10 At least three of the agencies shall be selected from those

11 designated as pilot projects under section 1118, and shall

12 also reflect a representative range of Government func13 tions and capabilities in measuring and reporting program

14 performance.

15 ‘‘(b) Pilot projects in the designated agencies shall

16 cover the preparation of performance budgets. Such budg17 ets shall present, for one or more of the major functions

18 and operations of the agency, the varying levels of per19 formance, including outcome-related performance, that

20 would result from different budgeted amounts.

21 ‘‘(c) The Director of the Office of Management and

22 Budget shall include, as an alternative budget presen23 tation in the budget submitted under section 1105 for fis24 cal year 1999, the performance budgets of the designated

25 agencies for this fiscal year.
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1 ‘‘(d) No later than March 31, 2001, the Director of

2 the Office of Management and Budget shall transmit a

3 report to the President and to the Congress on the per4 formance budgeting pilots pilot projects which shall—

5 ‘‘(1) assess the feasibility and advisability of in6 cluding a performance budget as part of the annual

7 budget submitted under section 1105;

8 ‘‘(2) describe any difficulties encountered by the

9 pilot agencies in preparing a performance budget;

10 ‘‘(3) recommend whether legislation requiring

11 performance budgets should be proposed and the

12 general provisions of any legislation; and

13 ‘‘(4) set forth any recommended changes in the

14 other requirements of the Government Performance

15 and Results Act of 1992 1993, section 306 of title

16 5, sections 1105, 1115, 1116, 1117, 1118, and 9704

17 and 9703 of this title, and this section.

18 ‘‘(e) After receipt of the report required under sub19 section (d), the Congress may specify that a performance

20 budget be submitted as part of the annual budget submit21 ted under section 1105.’’.

22 SEC. 7. UNITED STATES POSTAL SERVICE.

23 Part III of title 39, United States Code, is amended

24 by adding at the end thereof the following new chapter:
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1 ‘‘CHAPTER 28—STRATEGIC PLANNING

2 AND PERFORMANCE MANAGEMENT

‘‘Sec.

‘‘2801. Definitions.

‘‘2802. Strategic plans.

‘‘2803. Performance plans.

‘‘2804. Program performance reports.

‘‘2805. Inherently Governmental functions.

3 ‘‘§ 2801. Definitions

4 ‘‘For purposes of this chapter the term—

5 ‘‘(1) ‘outcome measure’ refers to an assessment

6 of the results of a program activity compared to its

7 intended purpose;

8 ‘‘(2) ‘output measure’ refers to the tabulation,

9 calculation, or recording of activity or effort and can

10 be expressed in a quantitative or qualitative manner;

11 ‘‘(3) ‘performance goal’ means a target level of

12 performance expressed as a tangible, measurable ob13 jective, against which actual achievement shall be

14 compared, including a goal expressed as a quan15 titative standard, value, or rate;

16 ‘‘(4) ‘performance indicator’ refers to a particu17 lar value or characteristic used to measure output or

18 outcome;

19 ‘‘(5) ‘program activity’ means a specific activity

20 related to the mission of the Postal Service; and

21 ‘‘(6) ‘program evaluation’ means an assessment,

22 through objective measurement and systematic anal-
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1 ysis, of the manner and extent to which Postal Serv2 ice programs achieve intended objectives.

3 ‘‘§ 2802. Strategic plans

4 ‘‘(a) No later than September 30, 1997, the Postal

5 Service shall submit to the President and the Congress

6 a strategic plan for its program activities. Such plan shall

7 contain—

8 ‘‘(1) a comprehensive mission statement cover9 ing the major functions and operations of the Postal

10 Service;

11 ‘‘(2) general goals and objectives, including out12 come-related goals and objectives, for the major

13 functions and operations of the Postal Service;

14 ‘‘(3) a description of how the goals and objec15 tives are to be achieved, including a description of

16 the operational processes, skills and technology, and

17 the human, capital, information, and other resources

18 required to meet those goals and objectives;

19 ‘‘(4) a description of how the performance goals

20 included in the plan required under section 2803

21 shall be related to the general goals and objectives

22 in the strategic plan;

23 ‘‘(5) an identification of those key factors exter24 nal to the Postal Service and beyond its control that
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1 could significantly affect the achievement of the gen2 eral goals and objectives; and

3 ‘‘(6) a description of the program evaluations

4 used in establishing or revising general goals and ob5 jectives, with a schedule for future program evalua6 tions.

7 ‘‘(b) The strategic plan shall cover a period of not

8 less than five years forward from the fiscal year in which

9 it is submitted, and shall be updated and revised at least

10 every three years.

11 ‘‘(c) The performance plan required under section

12 2803 shall be consistent with the Postal Service’s strategic

13 plan. A performance plan may not be submitted for a fis14 cal year not covered by a current strategic plan under this

15 section.

16 ‘‘(d) When developing a strategic plan, the Postal

17 Service shall solicit and consider the views and suggestions

18 of those entities potentially affected by or interested in

19 such a plan, and shall advise the Congress of the contents

20 of the plan.

21 ‘‘§ 2803. Performance plans

22 ‘‘(a) The Postal Service shall prepare an annual per23 formance plan covering each program activity set forth in

24 the Postal Service budget, which shall be included in the
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1 comprehensive statement presented under section 2401(g)

2 of this title. Such plan shall—

3 ‘‘(1) establish performance goals to define the

4 level of performance to be achieved by a program

5 activity;

6 ‘‘(2) express such goals in an objective, quan7 tifiable, and measurable form unless an alternative

8 form is used under subsection (b);

9 ‘‘(3) briefly describe the operational processes,

10 skills and technology, and the human, capital, infor11 mation, and or other resources required to meet the

12 performance goals;

13 ‘‘(4) establish performance indicators to be used

14 in measuring or assessing the relevant outputs, serv15 ice levels, and outcomes of each program activity;

16 ‘‘(5) provide a basis for comparing actual pro17 gram results with the established performance goals;

18 and

19 ‘‘(6) describe the means to be used to verify

20 and validate measured values.

21 ‘‘(b) If the Postal Service determines that it is not

22 feasible to express the performance goals for a particular

23 program activity in an objective and, quantifiable, and

24 measurable form, the Postal Service may use an alter25 native form. Such alternative form shall—
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1 ‘‘(1) include separate descriptive statements

2 of—

3 ‘‘(A) a minimally effective program, and

4 ‘‘(B) a successful program,

5 with sufficient precision and in such terms that

6 would allow for an accurate, independent determina7 tion of whether the program activity’s performance

8 meets the criteria of either description; or

9 ‘‘(2) state why it is infeasible or impractical to

10 express a performance goal in any form for the pro11 gram activity.

12 ‘‘(c) In preparing a comprehensive and informative

13 plan under this section, the Postal Service may aggregate,

14 disaggregate, or consolidate program activities, provided

15 except that any aggregation or consolidation does may not

16 omit or minimize the significance of any program activity

17 constituting a major function or operation.

18 ‘‘(d) The Postal Service may prepare a non-public

19 annex to its plan covering program activities or parts of

20 program activities relating to—

21 ‘‘(1) the avoidance of interference with criminal

22 prosecution; or

23 ‘‘(2) matters otherwise exempt from public dis24 closure under section 401 410(c) of this title.
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1 ‘‘§ 2804. Program performance reports

2 ‘‘(a) The Postal Service shall prepare a report on pro3 gram performance for each fiscal year, which shall be in4 cluded in the annual comprehensive statement presented

5 under section 2401(g) of this title.

6 ‘‘(b)(1) The program performance report shall set

7 forth the performance indicators established in the Postal

8 Service performance plan, along with the actual program

9 performance achieved compared with the performance

10 goals expressed in the plan for that fiscal year.

11 ‘‘(2) If performance goals are specified by descriptive

12 statements of a minimally effective program activity and

13 a successful program activity, the results of such program

14 shall be described in relationship to those categories, in15 cluding whether the performance failed to meet the cri16 teria of either category.

17 ‘‘(c) The report for fiscal year 2000 shall include ac18 tual results for the preceding fiscal year, the report for

19 fiscal year 2001 shall include actual results for the two

20 preceding fiscal years, and the report for fiscal year 2002

21 and all subsequent reports shall include actual results for

22 the three preceding fiscal years.

23 ‘‘(d) Each report shall—

24 ‘‘(1) review the success of achieving the per25 formance goals of the fiscal year;
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1 ‘‘(2) evaluate the performance plan for the cur2 rent fiscal year relative to the performance achieved

3 towards the performance goals in the fiscal year cov4 ered by the report;

5 ‘‘(3) explain and describe, where a performance

6 goal has not been met, (including when a program

7 activity’s performance is determined not to have met

8 the criteria of a successful program activity under

9 section 2803(b)(2))—

10 ‘‘(A) why the goal was not met;

11 ‘‘(B) those plans and schedules for achiev12 ing the established performance goal; and

13 ‘‘(C) if the performance goal is impractical

14 or infeasible, why that is the case and what ac15 tion is recommended; and

16 ‘‘(4) include the summary findings of those pro17 gram evaluations completed during the fiscal year

18 covered by the report.’’.

19 ‘‘§ 2805. Inherently Governmental functions

20 ‘‘The functions and activities of this chapter shall be

21 considered to be inherently Governmental functions. The

22 drafting of strategic plans, performance plans, and pro23 gram performance reports under this section shall be per24 formed only by employees of the Postal Service.’’.
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1 SEC. 8. CONGRESSIONAL OVERSIGHT AND LEGISLATION.

2 (a) IN GENERAL.—Nothing in this Act shall be con3 strued as limiting the ability of Congress to establish,

4 amend, suspend, or annul a performance goal. Any such

5 action shall have the effect of superseding that goal in the

6 plan submitted under section 1105(a)(29) of title 31,

7 United States Code.

8 (b) GAO REPORT.—No later than June 1, 1997, the

9 Comptroller General of the United States shall report to

10 Congress on the implementation of this Act, including the

11 prospects for compliance by Federal agencies beyond those

12 participating as pilot projects under sections 1118 and

13 9704 of title 31, United States Code.

14 SEC. 9. TRAINING.

15 The Office of Personnel Management shall, in con16 sultation with the Director of the Office of Management

17 and Budget and the Comptroller General of the United

18 States, develop a strategic planning and performance

19 measurement training component for its management

20 training program and otherwise provide managers with an

21 orientation on the development and use of strategic plan22 ning and program performance measurement.

23 SEC. 10. APPLICATION OF ACT.

24 No person who is not an officer or employee of the

25 United States acting in such capacity shall have standing

26 to file any civil action in a court of the United States to
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1 enforce any provision or amendment made by this Act. No

2 provision or amendment made by this Act may be con3 strued as creating any right, privilege, benefit, or entitle4 ment for any person who is not an officer or employee

5 of the United States acting in such capacity.

6 SEC. 11. TECHNICAL AND CONFORMING AMENDMENT

7 AMENDMENTS.

8 (a) AMENDMENT TO TITLE 5, UNITED STATES

9 CODE.—The table of sections for chapter 3 of title 5,

10 United States Code, is amended by adding after the item

11 relating to section 305 the following:

‘‘306. Strategic plans.’’.

12 (b) AMENDMENTS TO TITLE 31, UNITED STATES

13 CODE.—

14 (1) AMENDMENT TO CHAPTER 11.—The table

15 of sections for chapter 11 of title 31, United States

16 Code, is amended by adding after the item relating

17 to section 1114 the following:

‘‘1115. Performance plans.

‘‘1116. Program performance reports.

‘‘1117. Exemptions.

‘‘1118. Pilot projects for performance goals.

‘‘1119. Pilot projects for performance budgeting.’’.

18 (2) AMENDMENT TO CHAPTER 97.—The table

19 of sections for chapter 97 of title 31, United States

20 Code, is amended by adding after the item relating

21 to section 9702 the following:

‘‘9703. Managerial accountability and flexibility.

‘‘9704. Pilot projects for managerial accountability and flexibility.’’.
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1 (c) AMENDMENT TO TITLE 39, UNITED STATES

2 CODE.—The table of chapters for part III of title 39,

3 United States Code, is amended by adding at the end

4 thereof the following new item:

‘‘28. Strategic planning and performance management ..... 2801’’.

5 SEC. 12. EFFECTIVE DATES AND PROCEDURES.

6 (a) IN GENERAL.—The provisions of this Act and

7 amendments made by this Act shall take effect on the date

8 of the enactment of this Act, except sections 3, 4, 5, 6(c),

9 and 7 of this Act, and the amendments made by such sec10 tions, shall take effect on the date of enactment of the

11 resolution described in subsection (b).

12 (b) RESOLUTION APPROVING PERFORMANCE

13 PLANS.—

14 (1) RESOLUTION DESCRIBED.—A resolution re15 ferred to in subsection (a) is a joint resolution the

16 matter after the resolving clause of which is as fol17 lows: ‘‘That Congress approves the development of

18 departmental and agency strategic plans, perform19 ance plans and reports pursuant to section 306 of

20 title 5, United States Code, sections 1105(a)(29)

21 and 9703 of title 31, United States Code, sections

22 1115, 1116, 1117, and 1119 of title 31, United

23 States Code, and chapter 28 of title 39, United

24 States Code (as amended by sections 3, 4, 5, 6, and
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1 7 of the Government Performance and Results Act

2 of 1992).’’.

3 (2) INTRODUCTION OF RESOLUTION.—No later

4 than 30 days after the transmittal by the Comptrol5 ler General of the United States to the Congress of

6 the report referred to in section 7(b), a resolution as

7 described in paragraph (1) shall be introduced in the

8 Senate by the chairman of the Committee on Gov9 ernmental Affairs of the Senate, or by a Member or

10 Members of the Senate designated by such chair11 man, and shall be introduced in the House by the

12 chairman of the Committee on Government Oper13 ations of the House of Representatives, or by a

14 Member or Members of the House designated by

15 such chairman.

16 (3) REFERRAL.—A resolution described in

17 paragraph (1), shall be referred to the Committee on

18 Governmental Affairs of the Senate and the Com19 mittee on Government Operations of the House of

20 Representatives by the President of the Senate or

21 the Speaker of the House of Representatives, as the

22 case may be. The committee shall make its rec23 ommendations to the Senate or the House of Rep24 resentatives, respectively, within 30 calendar days

25 following the date of such resolution’s introduction.
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1 (4) DISCHARGE OF COMMITTEE.—If the com2 mittee to which is referred a resolution introduced

3 pursuant to paragraph (2) (or, in the absence of

4 such a resolution, the first resolution introduced

5 with respect to the same departmental or agency

6 plans and reports) has not reported such resolution

7 or identical resolution at the end of 30 calendar days

8 after its introduction, such committee shall be

9 deemed to be discharged from further consideration

10 of such resolution and such resolution shall be

11 placed on the appropriate calendar of the House in12 volved.

13 (5) PROCEDURE AFTER REPORT OR DISCHARGE

14 OF COMMITTEE; VOTE ON FINAL PASSAGE.—(A)

15 When the committee has reported, or has been

16 deemed to be discharged (under paragraph (4)) from

17 further consideration of a resolution described in

18 paragraph (1), it is at any time thereafter in order

19 (even though a previous motion to the same effect

20 has been disagreed to) for any Member of the re21 spective House to move to proceed to the consider22 ation of the resolution. The motion is highly privi23 leged and is not debatable. The motion shall not be

24 subject to amendment, or to a motion to postpone,

25 or to a motion to proceed to the consideration of
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1 other business. A motion to reconsider the vote by

2 which the motion is agreed to or disagreed to shall

3 not be in order. If a motion to proceed to the consid4 eration of the resolution is agreed to, the resolution

5 shall remain the unfinished business of the respec6 tive House until disposed of.

7 (B) Debate on the resolution, and on all debat8 able motions and appeals in connection therewith,

9 shall be limited to not more than 10 hours, which

10 shall be divided equally between individuals favoring

11 and individuals opposing the resolution. A motion

12 further to limit debate is in order and not debatable.

13 An amendment to, or a motion to postpone, or a mo14 tion to recommit the resolution is not in order. A

15 motion to reconsider the vote by which the resolution

16 is passed or rejected shall not be in order.

17 (C) Immediately following the conclusion of the

18 debate on the resolution and a single quorum call at

19 the conclusion of the debate if requested in accord20 ance with the rules of the appropriate House, the

21 vote on final passage of the resolution shall occur.

22 (D) Appeals from the decisions of the Chair re23 lating to the application of the rules of the Senate

24 or the House of Representatives, as the case may be,
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1 to the procedure relating to a resolution described in

2 paragraph (1), shall be decided without debate.

3 (E) If, prior to the passage by one House of a

4 resolution of that House, that House receives a reso5 lution with respect to departmental or agency strate6 gic plans, performance plans and reports from the

7 other House, then—

8 (i) the procedure in that House shall be

9 the same as if no resolution had been received

10 from the other House; but

11 (ii) the vote on final passage shall be on

12 the resolution of the other House.

13 (F) It shall not be in order in either the Senate

14 or the House of Representatives to consider a resolu15 tion described in paragraph (1), or to consider any

16 conference report on such a resolution, unless the

17 Comptroller General of the United States transmits

18 to the Congress a report under section 7(b).

19 (6) RULEMAKING POWER OF CONGRESS.—The

20 provisions of this section are enacted by the Con21 gress—

22 (A) as an exercise of the rulemaking power

23 of the Senate and the House of Representatives

24 and as such shall be considered as part of the

25 rules of each House, and shall supersede other
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1 rules only to the extent that they are inconsist2 ent therewith; and

3 (B) with full recognition of the constitu4 tional right of either House to change the rules

5 (so far as they relate to the procedures of that

6 House) at any time, in the same manner, and

7 to the same extent as in the case of any other

8 rule of that House.

Amend the title so as to read: ‘‘A bill to provide for

the establishment of strategic planning and performance

measurement in the Federal Government, and for other

purposes.’’.

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S 20 RS——3