Presidential Documents

64519 

Federal Register 

Vol. 72, No. 220 

Thursday, November 15, 2007 

Title 3— 

The President 

Executive Order 13450 of November 13, 2007 

Improving Government Program Performance 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, including sections 305 and 306 of 

title 5, sections 1115, 1116, and 9703 of title 31, and chapter 28 of title 

39, United States Code, and to improve the effectiveness and efficiency 

of the Federal Government and promote greater accountability of that Government to the American people, it is hereby ordered as follows: 

Section 1. Policy. It is the policy of the Federal Government to spend 

taxpayer dollars effectively, and more effectively each year. Agencies shall 

apply taxpayer resources efficiently in a manner that maximizes the effectiveness of Government programs in serving the American people. 

Sec. 2. Definitions. As used in this order: 

(a) ‘‘agency’’ means: 

(i) an executive agency as defined in section 105 of title 5, United States 

Code, other than the Government Accountability Office; and 

(ii) the United States Postal Service and the Postal Regulatory Commission; 

(b) ‘‘agency Performance Improvement Officer’’ means an employee of an 

agency who is a member of the Senior Executive Service or equivalent 

service, and who is designated by the head of the agency to carry out 

the duties set forth in section 5 of this order. 

Sec. 3. Duties of Heads of Agencies. To assist in implementing the policy 

set forth in section 1 of this order, the head of each agency shall, with 

respect to each program administered in whole or in part by the agency: 

(a) approve for implementation: 

(i) clear annual and long-term goals defined by objectively measurable outcomes; and 

(ii) specific plans for achieving the goals, including: 

(A) assignments to specified agency personnel of: 

(1) the duties necessary to achieve the goals; and 

(2) the authority and resources necessary to fulfill such duties; 

(B) means to measure: 

(1) progress toward achievement of the goals; and 

(2) efficiency in use of resources in making that progress; and 

(C) mechanisms for ensuring continuous accountability of the specified 

agency personnel to the head of the agency for achievement of the goals 

and efficiency in use of resources in achievement of the goals; 

(b) assist the President, through the Director of the Office of Management 

and Budget (Director), in making recommendations to the Congress, including 

budget and appropriations recommendations, that are justified based on 

objective performance information and accurate estimates of the full costs 

of achieving the annual and long-term goals approved under subsection 

(a)(i) of this section; and 

(c) ensure that agency Internet websites available to the public include 

regularly updated and accurate information on the performance of the agency 

and its programs, in a readily useable and searchable form, that sets forth 

the successes, shortfalls, and challenges of each program and describes the 

agency’s efforts to improve the performance of the program. 


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Sec. 4. Additional Duties of the Director of the Office of Management and 

Budget. (a) To assist in implementing the policy set forth in section 1 

of this order, the Director shall issue instructions to the heads of agencies 

concerning: 

(i) the contents, and schedule for approval, of the goals and plans required 

by section 3 of this order; and 

(ii) the availability to the public in readily accessible and comprehensible 

form on the agency’s Internet website (or in the Federal Register for any 

agency that does not have such a website), of the information approved 

by the head of each agency under section 3 of this order and other information 

relating to agency performance. 

(b) Instructions issued under subsection (a) of this section shall facilitate 

compliance with applicable law, presidential guidance, and Office of Management and Budget circulars and shall be designed to minimize duplication 

of effort and to assist in maximizing the efficiency and effectiveness of 

agencies and their programs. 

Sec. 5. Duties of Agency Performance Improvement Officers. Subject to the 

direction of the head of the agency, each agency Performance Improvement 

Officer shall: 

(a) supervise the performance management activities of the agency, including: 

(i) development of the goals, specific plans, and estimates for which section 

3 of this order provides; and 

(ii) development of the agency’s strategic plans, annual performance plans, 

and annual performance reports as required by law; 

(b) advise the head of the agency, with respect to a program administered 

in whole or in part by the agency, whether: 

(i) goals proposed for the approval of the head of the agency under section 

3(a)(i) of this order are: 

(A) sufficiently aggressive toward full achievement of the purposes of the 

program; and 

(B) realistic in light of authority and resources assigned to the specified 

agency personnel referred to in section 3(a)(ii)(A) of this order with respect 

to that program; and 

(ii) means for measurement of progress toward achievement of the goals 

are sufficiently rigorous and accurate; 

(c) convene the specified agency personnel referred to in section 3(a)(ii)(A) 

of this order, or appropriate subgroups thereof, regularly throughout each 

year to: 

(i) assess performance of each program administered in whole or in part 

by the agency; and 

(ii) consider means to improve the performance and efficiency of such 

program; 

(d) assist the head of the agency in the development and use within the 

agency of performance measures in personnel performance appraisals, and, 

as appropriate, other agency personnel and planning processes; and 

(e) report to the head of the agency on the implementation within the 

agency of the policy set forth in section 1 of this order. 

Sec. 6. Establishment and Operation of Performance Improvement Council. 

(a) The Director shall establish, within the Office of Management and Budget 

for administrative purposes only, a Performance Improvement Council (Council), consistent with this order. 

(b) The Council shall consist exclusively of: 

(i) the Deputy Director for Management of the Office of Management and 

Budget, who shall serve as Chair; 


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(ii) such agency Performance Improvement Officers, as determined by the 

Chair; and 

(iii) such other full-time or permanent part-time employees of an agency, 

as determined by the Chair with the concurrence of the head of the agency 

concerned. 

(c) The Chair or the Chair’s designee, in implementing subsection (d) of 

this section, shall convene and preside at the meetings of the Council, 

determine its agenda, direct its work, and establish and direct subgroups 

of the Council, as appropriate to deal with particular subject matters, that 

shall consist exclusively of members of the Council. 

(d) To assist in implementing the policy set forth in section 1 of this 

order, the Council shall: 

(i) develop and submit to the Director, or when appropriate to the President 

through the Director, at times and in such formats as the Chair may specify, 

recommendations concerning: 

(A) performance management policies and requirements; and 

(B) criteria for evaluation of program performance; 

(ii) facilitate the exchange among agencies of information on performance 

management, including strategic and annual planning and reporting, to accelerate improvements in program performance; 

(iii) coordinate and monitor a continuous review by heads of agencies of 

the performance and management of all Federal programs that assesses the 

clarity of purpose, quality of strategic and performance planning and goals, 

management excellence, and results achieved for each agency’s programs, 

with the results of these assessments and the evidence on which they 

are based made available to the public on or through the Internet website 

referred to in subsection (d)(iv); 

(iv) to facilitate keeping the public informed, and with such assistance 

of heads of agencies as the Director may require, develop an Internet website 

that provides the public with information on how well each agency performs 

and that serves as a comprehensive source of information on: 

(A) current program performance; and 

(B) the status of program performance plans and agency Performance and 

Accountability Reports; and 

(C) consistent with the direction of the head of the agency concerned after 

consultation with the Director, any publicly available reports by the agency’s 

Inspector General concerning agency program performance; 

(v) monitor implementation by agencies of the policy set forth in section 

1 of this order and report thereon from time to time as appropriate to 

the Director, or when appropriate to the President through the Director, 

at such times and in such formats as the Chair may specify, together with 

any recommendations of the Council for more effective implementation of 

such policy; 

(vi) at the request of the head of an agency, unless the Chair declines 

the request, promptly review and provide advice on a proposed action 

by that agency to implement the policy set forth in section 1 of this order; 

and 

(vii) obtain information and advice, as appropriate, in a manner that seeks 

individual advice and does not involve collective judgment or consensus 

advice or deliberation, from: 

(A) State, local, territorial, and tribal officials; and 

(B) representatives of entities or other individuals. 

(e)(i) To the extent permitted by law, the Office of Management and Budget 

shall provide the funding and administrative support the Council needs, 

as determined by the Director, to implement this section; and 


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(ii) the heads of agencies shall provide, as appropriate and to the extent 

permitted by law, such information and assistance as the Chair may request 

to implement this section. 

Sec. 7. General Provisions. (a) Nothing in this order shall be construed 

to impair or otherwise affect: 

(i) authority granted by law to an agency or the head thereof; or 

(ii) functions of the Director relating to budget, administrative, or legislative 

proposals. 

(b) This order shall be implemented consistent with applicable law (including 

laws and executive orders relating to the protection of information from 

disclosure) and subject to the availability of appropriations. 

(c) In implementing this order, the Director of National Intelligence shall 

perform the functions assigned to the Director of National Intelligence by 

the National Security Act of 1947, as amended (50 U.S.C. 401 et seq.), 

consistent with section 1018 of the Intelligence Reform and Terrorism Prevention Act (Public Law 108–458), and other applicable laws. 

(d) This order is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity, by any party 

against the United States, its agencies, or entities, its officers, employees, 

or agents, or any other person. 

THE WHITE HOUSE, 

November 13, 2007. 

[FR Doc. 07–5726 

Filed 11–14–07; 10:44 am] 

Billing code 3195–01–P 


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