[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Presidential Documents]
[Pages 64519-64522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5726]



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Part V





The President





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Executive Order 13450--Improving Government Program Performance


                        Presidential Documents 



Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 64519]]

                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.

[[Page 64520]]

                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;

[[Page 64521]]

                (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

[[Page 64522]]

                (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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    November 13, 2007.

[FR Doc. 07-5726
Filed 11-14-07; 10:44 am]
Billing code 3195-01-P