Improving Government Program Performance
Signed November 13, 2007·George W. Bush·72 FR 64519
Source
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Plain-language summary
Directs the heads of executive agencies, including the U.S. Postal Service and Postal Regulatory Commission, to set clear annual and long-term performance goals for their programs, assign staff responsibility and resources to achieve them, measure progress and efficiency, and hold personnel accountable. Requires agencies to publish updated, searchable performance information on their websites, including successes and shortfalls. Directs the Office of Management and Budget's Director to issue instructions on goal content, schedules, and public disclosure. Requires each agency to designate a Performance Improvement Officer to oversee these efforts and advise agency leadership on whether goals are realistic and rigorous. Establishes a Performance Improvement Council, chaired by the Deputy Director for Management of the Office of Management and Budget, made up of agency Performance Improvement Officers and other designated staff, to recommend performance policies, share best practices among agencies, monitor implementation, and build a public website tracking agency performance. States the order does not create enforceable legal rights.
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Claimed authority
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
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
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.
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;
(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
(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.
(Presidential Sig.)
THE WHITE HOUSE,
November 13, 2007.Reproduced from the Federal Register plain-text record, signed November 13, 2007. Typesetting artifacts are removed; no wording is changed.