103D CONGRESS

1ST SESSION S. 20

AN ACT

To provide for the establishment of strategic planeral Government, and for other purposes. ning and performance measurement in the Fed-
103D CONGRESS

1ST SESSION S. 20

AN ACT

To provide for the establishment 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Government Perform5 ance and Results Act of 1993’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

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

3 (1) waste and inefficiency in Federal programs

4 undermine the confidence of the American people in

5 the Government and reduces the Federal Govern6 ment’s ability to address adequately vital public

7 needs;

8 (2) Federal managers are seriously disadvan9 taged in their efforts to improve program efficiency

10 and effectiveness, because of insufficient articulation

11 of program goals and inadequate information on

12 program performance; and

13 (3) congressional policymaking, spending deci14 sions and program oversight are seriously handi15 capped by insufficient attention to program perform16 ance and results.

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

18 (1) improve the confidence of the American peo19 ple in the capability of the Federal Government, by

20 systematically holding Federal agencies accountable

21 for achieving program results;

22 (2) initiate program performance reform with a

23 series of pilot projects in setting program goals,

24 measuring program performance against those goals,

25 and reporting publicly on their progress;
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1 (3) improve Federal program effectiveness and

2 public accountability by promoting a new focus on

3 results, service quality, and customer satisfaction;

4 (4) help Federal managers improve service de5 livery, by requiring that they plan for meeting pro6 gram objectives and by providing them with informa7 tion about program results and service quality;

8 (5) improve congressional decisionmaking by

9 providing more objective information on achieving

10 statutory objectives, and on the relative effectiveness

11 and efficiency of Federal programs and spending;

12 and

13 (6) improve internal management of the Fed14 eral Government.

15 SEC. 3. STRATEGIC PLANNING.

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

17 by adding after section 305 the following new section:

18 ‘‘§ 306. Strategic plans

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

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

21 Management and Budget and to the Congress a strategic

22 plan for program activities. Such plan shall contain—

23 ‘‘(1) a comprehensive mission statement cover24 ing the major functions and operations of the agen25 cy;
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1 ‘‘(2) general goals and objectives, including out2 come-related goals and objectives, for the major

3 functions and operations of the agency;

4 ‘‘(3) a description of how the goals and objec5 tives are to be achieved, including a description of

6 the operational processes, skills and technology, and

7 the human, capital, information, and other resources

8 required to meet those goals and objectives;

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

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

11 title 31 shall be related to the general goals and ob12 jectives in the strategic plan;

13 ‘‘(5) an identification of those key factors exter14 nal to the agency and beyond its control that could

15 significantly affect the achievement of the general

16 goals and objectives; and

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

18 used in establishing or revising general goals and ob19 jectives, with a schedule for future program evalua20 tions.

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

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

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

24 every three years.
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1 ‘‘(c) The performance plan required by section 1115

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

3 plan. A performance plan may not be submitted for a fis4 cal year not covered by a current strategic plan under this

5 section.

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

7 shall consult with the Congress, and shall solicit and con8 sider the views and suggestions of those entities poten9 tially affected by or interested in such a plan.

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

11 be considered to be inherently Governmental functions.

12 The drafting of strategic plans under this section shall be

13 performed only by Federal employees.

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

15 means an Executive agency defined under section 105, but

16 does not include the Central Intelligence Agency, the Gen17 eral Accounting Office, the Panama Canal Commission,

18 the United States Postal Service, and the Postal Rate

19 Commission.’’.

20 SEC. 4. ANNUAL PERFORMANCE PLANS AND REPORTS.

21 (a) BUDGET CONTENTS AND SUBMISSION TO CON22 GRESS.—Section 1105(a) of title 31, United States Code,

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

24 paragraph:
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1 ‘‘(29) beginning with fiscal year 1999, a Fed2 eral Government performance plan for the overall

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

4 (b) PERFORMANCE PLANS AND REPORTS.—Chapter

5 11 of title 31, United States Code, is amended by adding

6 after section 1114 the following new sections:

7 ‘‘§ 1115. Performance plans

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

9 1105(a)(29), the Director of the Office of Management

10 and Budget shall require each agency to prepare an an11 nual performance plan covering each program activity set

12 forth in the budget of such agency. Such plan shall—

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

14 level of performance to be achieved by a program ac15 tivity;

16 ‘‘(2) express such goals in an objective, quan17 tifiable, and measurable form unless authorized to

18 be in an alternative form under subsection (b);

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

20 skills and technology, and the human, capital, infor21 mation, or other resources required to meet the per22 formance goals;

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

24 in measuring or assessing the relevant outputs, serv25 ice levels, and outcomes of each program activity;
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1 ‘‘(5) provide a basis for comparing actual pro2 gram results with the established performance goals;

3 and

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

5 and validate measured values.

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

7 of the Office of Management and Budget, determines that

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

9 particular program activity in an objective, quantifiable,

10 and measurable form, the Director of the Office of Man11 agement and Budget may authorize an alternative form.

12 Such alternative form shall—

13 ‘‘(1) include separate descriptive statements

14 of—

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

16 ‘‘(ii) a successful program, or

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

18 Director of the Office of Management and

19 Budget,

20 with sufficient precision and in such terms that

21 would allow for an accurate, independent determina22 tion of whether the program activity’s performance

23 meets the criteria of the description; or
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1 ‘‘(2) state why it is infeasible or impractical to

2 express a performance goal in any form for the pro3 gram activity.

4 ‘‘(c) For the purpose of complying with this section,

5 an agency may aggregate, disaggregate, or consolidate

6 program activities, except that any aggregation or consoli7 dation may not omit or minimize the significance of any

8 program activity constituting a major function or oper9 ation for the agency.

10 ‘‘(d) An agency may submit with its annual perform11 ance plan an appendix covering any portion of the plan

12 that—

13 ‘‘(1) is specifically authorized under criteria es14 tablished by an Executive order to be kept secret in

15 the interest of national defense or foreign policy; and

16 ‘‘(2) is properly classified pursuant to such Ex17 ecutive order.

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

19 be considered to be inherently Governmental functions.

20 The drafting of performance plans under this section shall

21 be performed only by Federal employees.

22 ‘‘(f) For purposes of this section and sections 1116

23 through 1119, and sections 9703 and 9704 the term—

24 ‘‘(1) ‘agency’ has the same meaning as such

25 term is defined under section 306(f) of title 5;
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1 ‘‘(2) ‘outcome measure’ means an assessment of

2 the results of a program activity compared to its in3 tended purpose;

4 ‘‘(3) ‘output measure’ means the tabulation,

5 calculation, or recording of activity or effort and can

6 be expressed in a quantitative or qualitative manner;

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

8 performance expressed as a tangible, measurable ob9 jective, against which actual achievement can be

10 compared, including a goal expressed as a quan11 titative standard, value, or rate;

12 ‘‘(5) ‘performance indicator’ means a particular

13 value or characteristic used to measure output or

14 outcome;

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

16 or project as listed in the program and financing

17 schedules of the annual budget of the United States

18 Government; and

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

20 through objective measurement and systematic anal21 ysis, of the manner and extent to which Federal pro22 grams achieve intended objectives.

23 ‘‘§ 1116. Program performance reports

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

25 March 31 of each year thereafter, the head of each agency
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1 shall prepare and submit to the President and the Con2 gress, a report on program performance for the previous

3 fiscal year.

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

5 forth the performance indicators established in the agency

6 performance plan under section 1115, along with the ac7 tual program performance achieved compared with the

8 performance goals expressed in the plan for that fiscal

9 year.

10 ‘‘(2) If performance goals are specified in an alter11 native form under section 1115(b), the results of such pro12 gram shall be described in relation to such specifications,

13 including whether the performance failed to meet the cri14 teria of a minimally effective or successful program.

15 ‘‘(c) The report for fiscal year 2000 shall include ac16 tual results for the preceding fiscal year, the report for

17 fiscal year 2001 shall include actual results for the two

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

19 and all subsequent reports shall include actual results for

20 the three preceding fiscal years.

21 ‘‘(d) Each report shall—

22 ‘‘(1) review the success of achieving the per23 formance goals of the fiscal year;

24 ‘‘(2) evaluate the performance plan for the cur25 rent fiscal year relative to the performance achieved
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1 toward the performance goals in the fiscal year cov2 ered by the report;

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

4 goal has not been met (including when a program

5 activity’s performance is determined not to have met

6 the criteria of a successful program activity under

7 section 1115(b)(1)(A)(ii) or a corresponding level of

8 achievement if another alternative form is used)—

9 ‘‘(A) why the goal was not met;

10 ‘‘(B) those plans and schedules for achiev11 ing the established performance goal; and

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

13 or infeasible, why that is the case and what ac14 tion is recommended;

15 ‘‘(4) describe the use and assess the effective16 ness in achieving performance goals of any waiver

17 under section 9703 of this title; and

18 ‘‘(5) include the summary findings of those pro19 gram evaluations completed during the fiscal year

20 covered by the report.

21 ‘‘(e) An agency head may include all program per22 formance information required annually under this section

23 in an annual financial statement required under section

24 3515 if any such statement is submitted to the Congress

25 no later than March 31 of the applicable fiscal year.
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1 ‘‘(f) The functions and activities of this section shall

2 be considered to be inherently Governmental functions.

3 The drafting of program performance reports under this

4 section shall be performed only by Federal employees.

5 ‘‘§ 1117. Exemption

6 ‘‘The Director of the Office of Management and

7 Budget may exempt from the requirements of sections

8 1115 and 1116 of this title and section 306 of title 5,

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

10 SEC. 5. MANAGERIAL ACCOUNTABILITY AND FLEXIBILITY.

11 (a) MANAGERIAL ACCOUNTABILITY AND FLEXIBIL12 ITY.—Chapter 97 of title 31, United States Code, is

13 amended by adding after section 9702, the following new

14 section:

15 ‘‘§ 9703. Managerial accountability and flexibility

16 ‘‘(a) Beginning with fiscal year 1999, the perform17 ance plans required under section 1115 may include pro18 posals to waive administrative procedural requirements

19 and controls, including specification of personnel staffing

20 levels, limitations on compensation or remuneration, and

21 prohibitions or restrictions on funding transfers among

22 budget object classification 20 and subclassifications 11,

23 12, 31, and 32 of each annual budget submitted under

24 section 1105, in return for specific individual or organiza25 tion accountability to achieve a performance goal. In pre-
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1 paring and submitting the performance plan under section

2 1105(a)(29), the Director of the Office of Management

3 and Budget shall review and may approve any proposed

4 waivers. A waiver shall take effect at the beginning of the

5 fiscal year for which the waiver is approved.

6 ‘‘(b) Any such proposal under subsection (a) shall de7 scribe the anticipated effects on performance resulting

8 from greater managerial or organizational flexibility, dis9 cretion, and authority, and shall quantify the expected im10 provements in performance resulting from any waiver. The

11 expected improvements shall be compared to current ac12 tual performance, and to the projected level of perform13 ance that would be achieved independent of any waiver.

14 ‘‘(c) Any proposal waiving limitations on compensa15 tion or remuneration shall precisely express the monetary

16 change in compensation or remuneration amounts, such

17 as bonuses or awards, that shall result from meeting, ex18 ceeding, or failing to meet performance goals.

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

20 or controls imposed by an agency (other than the propos21 ing agency or the Office of Management and Budget) may

22 not be included in a performance plan unless it is endorsed

23 by the agency that established the requirement, and the

24 endorsement included in the proposing agency’s perform25 ance plan.
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1 ‘‘(e) A waiver shall be in effect for one or two years

2 as specified by the Director of the Office of Management

3 and Budget in approving the waiver. A waiver may be re4 newed for a subsequent year. After a waiver has been in

5 effect for three consecutive years, the performance plan

6 prepared under section 1115 may propose that a waiver,

7 other than a waiver of limitations on compensation or re8 muneration, be made permanent.

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

10 under section 1115(f) shall apply.’’.

11 SEC. 6. PILOT PROJECTS.

12 (a) PERFORMANCE PLANS AND REPORTS.—Chapter

13 11 of title 31, United States Code, is amended by inserting

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

15 following new section:

16 ‘‘§ 1118. Pilot projects for performance goals

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

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

19 shall designate not less than ten agencies as pilot projects

20 in performance measurement for fiscal years 1994, 1995,

21 and 1996. The selected agencies shall reflect a representa22 tive range of Government functions and capabilities in

23 measuring and reporting program performance.

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

25 undertake the preparation of performance plans under
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1 section 1115, and program performance reports under sec2 tion 1116, other than section 1116(c), for one or more

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

4 strategic plan shall be used when preparing agency per5 formance plans during one or more years of the pilot pe6 riod.

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

8 Office of Management and Budget shall submit a report

9 to the President and to the Congress which shall—

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

11 of the plans and reports prepared by the pilot agen12 cies in meeting the purposes of the Government Per13 formance and Results Act of 1993;

14 ‘‘(2) identify any significant difficulties experi15 enced by the pilot agencies in preparing plans and

16 reports; and

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

18 requirements of the provisions of Government Per19 formance and Results Act of 1993, section 306 of

20 title 5, sections 1105, 1115, 1116, 1117, 1119 and

21 9703 of this title, and this section.’’.

22 (b) MANAGERIAL ACCOUNTABILITY AND FLEXIBIL23 ITY.—Chapter 97 of title 31, United States Code, is

24 amended by inserting after section 9703 (as added by sec25 tion 5 of this Act) the following new section:
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1 ‘‘§ 9704. Pilot projects for managerial accountability

2 and flexibility

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

4 Budget shall designate not less than five agencies as pilot

5 projects in managerial accountability and flexibility for fis6 cal years 1995 and 1996. Such agencies shall be selected

7 from those designated as pilot projects under section 1118

8 and shall reflect a representative range of Government

9 functions and capabilities in measuring and reporting pro10 gram performance.

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

12 include proposed waivers in accordance with section 9703

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

14 the agency.

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

16 Budget shall include in the report to the President and

17 to the Congress required under section 1118(c)—

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

19 usefulness of increasing managerial and organiza20 tional flexibility, discretion, and authority in ex21 change for improved performance through a waiver;

22 and

23 ‘‘(2) an identification of any significant difficul24 ties experienced by the pilot agencies in preparing

25 proposed waivers.
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1 ‘‘(d) For purposes of this section the definitions

2 under section 1115(f) shall apply.’’.

3 (c) PERFORMANCE BUDGETING.—Chapter 11 of title

4 31, United States Code, is amended by inserting after sec5 tion 1118 (as added by section 6 of this Act) the following

6 new section:

7 ‘‘§ 1119. Pilot projects for performance budgeting

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

9 Budget, after consultation with the head of each agency

10 shall designate not less than five agencies as pilot projects

11 in performance budgeting for fiscal years 1998 and 1999.

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

13 designated as pilot projects under section 1118, and shall

14 also reflect a representative range of Government func15 tions and capabilities in measuring and reporting program

16 performance.

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

18 cover the preparation of performance budgets. Such budg19 ets shall present, for one or more of the major functions

20 and operations of the agency, the varying levels of per21 formance, including outcome-related performance, that

22 would result from different budgeted amounts.

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

24 Budget shall include, as an alternative budget presen25 tation in the budget submitted under section 1105 for fis-
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1 cal year 1999, the performance budgets of the designated

2 agencies for this fiscal year.

3 ‘‘(d) No later than March 31, 2001, the Director of

4 the Office of Management and Budget shall transmit a

5 report to the President and to the Congress on the per6 formance budgeting pilot projects which shall—

7 ‘‘(1) assess the feasibility and advisability of in8 cluding a performance budget as part of the annual

9 budget submitted under section 1105;

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

11 pilot agencies in preparing a performance budget;

12 ‘‘(3) recommend whether legislation requiring

13 performance budgets should be proposed and the

14 general provisions of any legislation; and

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

16 other requirements of the Government Performance

17 and Results Act of 1993, section 306 of title 5, sec18 tions 1105, 1115, 1116, 1117, and 9703 of this

19 title, and this section.

20 ‘‘(e) After receipt of the report required under sub21 section (d), the Congress may specify that a performance

22 budget be submitted as part of the annual budget submit23 ted under section 1105.’’.
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1 SEC. 7. UNITED STATES POSTAL SERVICE.

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

3 by adding at the end thereof the following new chapter:

4 ‘‘CHAPTER 28—STRATEGIC PLANNING

5 AND PERFORMANCE MANAGEMENT

‘‘Sec.

‘‘2801. Definitions.

‘‘2802. Strategic plans.

‘‘2803. Performance plans.

‘‘2804. Program performance reports.

‘‘2805. Inherently Governmental functions.

6 ‘‘§ 2801. Definitions

7 ‘‘For purposes of this chapter the term—

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

9 of the results of a program activity compared to its

10 intended purpose;

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

12 calculation, or recording of activity or effort and can

13 be expressed in a quantitative or qualitative manner;

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

15 performance expressed as a tangible, measurable ob16 jective, against which actual achievement shall be

17 compared, including a goal expressed as a quan18 titative standard, value, or rate;

19 ‘‘(4) ‘performance indicator’ refers to a particu20 lar value or characteristic used to measure output or

21 outcome;
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1 ‘‘(5) ‘program activity’ means a specific activity

2 related to the mission of the Postal Service; and

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

4 through objective measurement and systematic anal5 ysis, of the manner and extent to which Postal Serv6 ice programs achieve intended objectives.

7 ‘‘§ 2802. Strategic plans

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

9 Service shall submit to the President and the Congress

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

11 contain—

12 ‘‘(1) a comprehensive mission statement cover13 ing the major functions and operations of the Postal

14 Service;

15 ‘‘(2) general goals and objectives, including out16 come-related goals and objectives, for the major

17 functions and operations of the Postal Service;

18 ‘‘(3) a description of how the goals and objec19 tives are to be achieved, including a description of

20 the operational processes, skills and technology, and

21 the human, capital, information, and other resources

22 required to meet those goals and objectives;

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

24 included in the plan required under section 2803
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1 shall be related to the general goals and objectives

2 in the strategic plan;

3 ‘‘(5) an identification of those key factors exter4 nal to the Postal Service and beyond its control that

5 could significantly affect the achievement of the gen6 eral goals and objectives; and

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

8 used in establishing or revising general goals and ob9 jectives, with a schedule for future program evalua10 tions.

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

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

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

14 every three years.

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

16 2803 shall be consistent with the Postal Service’s strategic

17 plan. A performance plan may not be submitted for a fis18 cal year not covered by a current strategic plan under this

19 section.

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

21 Service shall solicit and consider the views and suggestions

22 of those entities potentially affected by or interested in

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

24 of the plan.
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1 ‘‘§ 2803. Performance plans

2 ‘‘(a) The Postal Service shall prepare an annual per3 formance plan covering each program activity set forth in

4 the Postal Service budget, which shall be included in the

5 comprehensive statement presented under section 2401(g)

6 of this title. Such plan shall—

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

8 level of performance to be achieved by a program

9 activity;

10 ‘‘(2) express such goals in an objective, quan11 tifiable, and measurable form unless an alternative

12 form is used under subsection (b);

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

14 skills and technology, and the human, capital, infor15 mation, or other resources required to meet the per16 formance goals;

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

18 in measuring or assessing the relevant outputs, serv19 ice levels, and outcomes of each program activity;

20 ‘‘(5) provide a basis for comparing actual pro21 gram results with the established performance goals;

22 and

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

24 and validate measured values.

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

26 feasible to express the performance goals for a particular
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1 program activity in an objective, quantifiable, and measur2 able form, the Postal Service may use an alternative form.

3 Such alternative form shall—

4 ‘‘(1) include separate descriptive statements

5 of—

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

7 ‘‘(B) a successful program,

8 with sufficient precision and in such terms that

9 would allow for an accurate, independent determina10 tion of whether the program activity’s performance

11 meets the criteria of either description; or

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

13 express a performance goal in any form for the pro14 gram activity.

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

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

17 disaggregate, or consolidate program activities, except

18 that any aggregation or consolidation may not omit or

19 minimize the significance of any program activity con20 stituting a major function or operation.

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

22 annex to its plan covering program activities or parts of

23 program activities relating to—

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

25 prosecution; or
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1 ‘‘(2) matters otherwise exempt from public dis2 closure under section 410(c) of this title.

3 ‘‘§ 2804. Program performance reports

4 ‘‘(a) The Postal Service shall prepare a report on pro5 gram performance for each fiscal year, which shall be in6 cluded in the annual comprehensive statement presented

7 under section 2401(g) of this title.

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

9 forth the performance indicators established in the Postal

10 Service performance plan, along with the actual program

11 performance achieved compared with the performance

12 goals expressed in the plan for that fiscal year.

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

14 statements of a minimally effective program activity and

15 a successful program activity, the results of such program

16 shall be described in relationship to those categories, in17 cluding whether the performance failed to meet the cri18 teria of either category.

19 ‘‘(c) The report for fiscal year 2000 shall include ac20 tual results for the preceding fiscal year, the report for

21 fiscal year 2001 shall include actual results for the two

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

23 and all subsequent reports shall include actual results for

24 the three preceding fiscal years.

25 ‘‘(d) Each report shall—
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1 ‘‘(1) review the success of achieving the per2 formance goals of the fiscal year;

3 ‘‘(2) evaluate the performance plan for the cur4 rent fiscal year relative to the performance achieved

5 towards the performance goals in the fiscal year cov6 ered by the report;

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

8 goal has not been met (including when a program

9 activity’s performance is determined not to have met

10 the criteria of a successful program activity under

11 section 2803(b)(2))—

12 ‘‘(A) why the goal was not met;

13 ‘‘(B) those plans and schedules for achiev14 ing the established performance goal; and

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

16 or infeasible, why that is the case and what ac17 tion is recommended; and

18 ‘‘(4) include the summary findings of those pro19 gram evaluations completed during the fiscal year

20 covered by the report.

21 ‘‘§ 2805. Inherently Governmental functions

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

23 considered to be inherently Governmental functions. The

24 drafting of strategic plans, performance plans, and pro-
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1 gram performance reports under this section shall be per2 formed only by employees of the Postal Service.’’.

3 SEC. 8. CONGRESSIONAL OVERSIGHT AND LEGISLATION.

4 (a) IN GENERAL.—Nothing in this Act shall be con5 strued as limiting the ability of Congress to establish,

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

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

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

9 United States Code.

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

11 Comptroller General of the United States shall report to

12 Congress on the implementation of this Act, including the

13 prospects for compliance by Federal agencies beyond those

14 participating as pilot projects under sections 1118 and

15 9704 of title 31, United States Code.

16 SEC. 9. TRAINING.

17 The Office of Personnel Management shall, in con18 sultation with the Director of the Office of Management

19 and Budget and the Comptroller General of the United

20 States, develop a strategic planning and performance

21 measurement training component for its management

22 training program and otherwise provide managers with an

23 orientation on the development and use of strategic plan24 ning and program performance measurement.
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1 SEC. 10. APPLICATION OF ACT.

2 No provision or amendment made by this Act may

3 be construed as—

4 (1) creating any right, privilege, benefit, or en5 titlement for any person who is not an officer or em6 ployee of the United States acting in such capacity,

7 and no person who is not an officer or employee of

8 the United States acting in such capacity shall have

9 standing to file any civil action in a court of the

10 United States to enforce any provision or amend11 ment made by this Act; or

12 (2) superseding any statutory requirement, in13 cluding any requirement under section 553 of title 5,

14 United States Code.

15 SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.

16 (a) AMENDMENT TO TITLE 5, UNITED STATES

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

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

19 relating to section 305 the following:

‘‘306. Strategic plans.’’.

20 (b) AMENDMENTS TO TITLE 31, UNITED STATES

21 CODE.—

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

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

24 Code, is amended by adding after the item relating

25 to section 1114 the following:
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‘‘1115. Performance plans.

‘‘1116. Program performance reports.

‘‘1117. Exemptions.

‘‘1118. Pilot projects for performance goals.

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

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

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

3 Code, is amended by adding after the item relating

4 to section 9702 the following:

‘‘9703. Managerial accountability and flexibility.

‘‘9704. Pilot projects for managerial accountability and flexibility.’’.

5 (c) AMENDMENT TO TITLE 39, UNITED STATES

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

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

8 thereof the following new item:

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

Passed the Senate June 23 (legislative day, June

22), 1993.

Attest:

Secretary.
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