[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 20 Engrossed in Senate (ES)]

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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Performance and Results 
Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) waste and inefficiency in Federal programs undermine 
        the confidence of the American people in the Government and 
        reduces the Federal Government's ability to address adequately 
        vital public needs;
            (2) Federal managers are seriously disadvantaged in their 
        efforts to improve program efficiency and effectiveness, 
        because of insufficient articulation of program goals and 
        inadequate information on program performance; and
            (3) congressional policymaking, spending decisions and 
        program oversight are seriously handicapped by insufficient 
        attention to program performance and results.
    (b) Purposes.--The purposes of this Act are to--
            (1) improve the confidence of the American people in the 
        capability of the Federal Government, by systematically holding 
        Federal agencies accountable for achieving program results;
            (2) initiate program performance reform with a series of 
        pilot projects in setting program goals, measuring program 
        performance against those goals, and reporting publicly on 
        their progress;
            (3) improve Federal program effectiveness and public 
        accountability by promoting a new focus on results, service 
        quality, and customer satisfaction;
            (4) help Federal managers improve service delivery, by 
        requiring that they plan for meeting program objectives and by 
        providing them with information about program results and 
        service quality;
            (5) improve congressional decisionmaking by providing more 
        objective information on achieving statutory objectives, and on 
        the relative effectiveness and efficiency of Federal programs 
        and spending; and
            (6) improve internal management of the Federal Government.

SEC. 3. STRATEGIC PLANNING.

    Chapter 3 of title 5, United States Code, is amended by adding 
after section 305 the following new section:
``Sec. 306. Strategic plans
    ``(a) No later than September 30, 1997, the head of each agency 
shall submit to the Director of the Office of Management and Budget and 
to the Congress a strategic plan for program activities. Such plan 
shall contain--
            ``(1) a comprehensive mission statement covering the major 
        functions and operations of the agency;
            ``(2) general goals and objectives, including outcome-
        related goals and objectives, for the major functions and 
        operations of the agency;
            ``(3) a description of how the goals and objectives are to 
        be achieved, including a description of the operational 
        processes, skills and technology, and the human, capital, 
        information, and other resources required to meet those goals 
        and objectives;
            ``(4) a description of how the performance goals included 
        in the plan required by section 1115(a) of title 31 shall be 
        related to the general goals and objectives in the strategic 
        plan;
            ``(5) an identification of those key factors external to 
        the agency and beyond its control that could significantly 
        affect the achievement of the general goals and objectives; and
            ``(6) a description of the program evaluations used in 
        establishing or revising general goals and objectives, with a 
        schedule for future program evaluations.
    ``(b) The strategic plan shall cover a period of not less than five 
years forward from the fiscal year in which it is submitted, and shall 
be updated and revised at least every three years.
    ``(c) The performance plan required by section 1115 of title 31 
shall be consistent with the agency's strategic plan. A performance 
plan may not be submitted for a fiscal year not covered by a current 
strategic plan under this section.
    ``(d) When developing a strategic plan, the agency shall consult 
with the Congress, and shall solicit and consider the views and 
suggestions of those entities potentially affected by or interested in 
such a plan.
    ``(e) The functions and activities of this section shall be 
considered to be inherently Governmental functions. The drafting of 
strategic plans under this section shall be performed only by Federal 
employees.
    ``(f) For purposes of this section the term `agency' means an 
Executive agency defined under section 105, but does not include the 
Central Intelligence Agency, the General Accounting Office, the Panama 
Canal Commission, the United States Postal Service, and the Postal Rate 
Commission.''.

SEC. 4. ANNUAL PERFORMANCE PLANS AND REPORTS.

    (a) Budget Contents and Submission to Congress.--Section 1105(a) of 
title 31, United States Code, is amended by adding at the end thereof 
the following new paragraph:
            ``(29) beginning with fiscal year 1999, a Federal 
        Government performance plan for the overall budget as provided 
        for under section 1115.''.
    (b) Performance Plans and Reports.--Chapter 11 of title 31, United 
States Code, is amended by adding after section 1114 the following new 
sections:
``Sec. 1115. Performance plans
    ``(a) In carrying out the provisions of section 1105(a)(29), the 
Director of the Office of Management and Budget shall require each 
agency to prepare an annual performance plan covering each program 
activity set forth in the budget of such agency. Such plan shall--
            ``(1) establish performance goals to define the level of 
        performance to be achieved by a program activity;
            ``(2) express such goals in an objective, quantifiable, and 
        measurable form unless authorized to be in an alternative form 
        under subsection (b);
            ``(3) briefly describe the operational processes, skills 
        and technology, and the human, capital, information, or other 
        resources required to meet the performance goals;
            ``(4) establish performance indicators to be used in 
        measuring or assessing the relevant outputs, service levels, 
        and outcomes of each program activity;
            ``(5) provide a basis for comparing actual program results 
        with the established performance goals; and
            ``(6) describe the means to be used to verify and validate 
        measured values.
    ``(b) If an agency, in consultation with the Director of the Office 
of Management and Budget, determines that it is not feasible to express 
the performance goals for a particular program activity in an 
objective, quantifiable, and measurable form, the Director of the 
Office of Management and Budget may authorize an alternative form. Such 
alternative form shall--
            ``(1) include separate descriptive statements of--
                    ``(A)(i) a minimally effective program, and
                    ``(ii) a successful program, or
                    ``(B) such alternative as authorized by the 
                Director of the Office of Management and Budget,
        with sufficient precision and in such terms that would allow 
        for an accurate, independent determination of whether the 
        program activity's performance meets the criteria of the 
        description; or
            ``(2) state why it is infeasible or impractical to express 
        a performance goal in any form for the program activity.
    ``(c) For the purpose of complying with this section, an agency may 
aggregate, disaggregate, or consolidate program activities, except that 
any aggregation or consolidation may not omit or minimize the 
significance of any program activity constituting a major function or 
operation for the agency.
    ``(d) An agency may submit with its annual performance plan an 
appendix covering any portion of the plan that--
            ``(1) is specifically authorized under criteria established 
        by an Executive order to be kept secret in the interest of 
        national defense or foreign policy; and
            ``(2) is properly classified pursuant to such Executive 
        order.
    ``(e) The functions and activities of this section shall be 
considered to be inherently Governmental functions. The drafting of 
performance plans under this section shall be performed only by Federal 
employees.
    ``(f) For purposes of this section and sections 1116 through 1119, 
and sections 9703 and 9704 the term--
            ``(1) `agency' has the same meaning as such term is defined 
        under section 306(f) of title 5;
            ``(2) `outcome measure' means an assessment of the results 
        of a program activity compared to its intended purpose;
            ``(3) `output measure' means the tabulation, calculation, 
        or recording of activity or effort and can be expressed in a 
        quantitative or qualitative manner;
            ``(4) `performance goal' means a target level of 
        performance expressed as a tangible, measurable objective, 
        against which actual achievement can be compared, including a 
        goal expressed as a quantitative standard, value, or rate;
            ``(5) `performance indicator' means a particular value or 
        characteristic used to measure output or outcome;
            ``(6) `program activity' means a specific activity or 
        project as listed in the program and financing schedules of the 
        annual budget of the United States Government; and
            ``(7) `program evaluation' means an assessment, through 
        objective measurement and systematic analysis, of the manner 
        and extent to which Federal programs achieve intended 
        objectives.
``Sec. 1116. Program performance reports
    ``(a) No later than March 31, 2000, and no later than March 31 of 
each year thereafter, the head of each agency shall prepare and submit 
to the President and the Congress, a report on program performance for 
the previous fiscal year.
    ``(b)(1) Each program performance report shall set forth the 
performance indicators established in the agency performance plan under 
section 1115, along with the actual program performance achieved 
compared with the performance goals expressed in the plan for that 
fiscal year.
    ``(2) If performance goals are specified in an alternative form 
under section 1115(b), the results of such program shall be described 
in relation to such specifications, including whether the performance 
failed to meet the criteria of a minimally effective or successful 
program.
    ``(c) The report for fiscal year 2000 shall include actual results 
for the preceding fiscal year, the report for fiscal year 2001 shall 
include actual results for the two preceding fiscal years, and the 
report for fiscal year 2002 and all subsequent reports shall include 
actual results for the three preceding fiscal years.
    ``(d) Each report shall--
            ``(1) review the success of achieving the performance goals 
        of the fiscal year;
            ``(2) evaluate the performance plan for the current fiscal 
        year relative to the performance achieved toward the 
        performance goals in the fiscal year covered by the report;
            ``(3) explain and describe, where a performance goal has 
        not been met (including when a program activity's performance 
        is determined not to have met the criteria of a successful 
        program activity under section 1115(b)(1)(A)(ii) or a 
        corresponding level of achievement if another alternative form 
        is used)--
                    ``(A) why the goal was not met;
                    ``(B) those plans and schedules for achieving the 
                established performance goal; and
                    ``(C) if the performance goal is impractical or 
                infeasible, why that is the case and what action is 
                recommended;
            ``(4) describe the use and assess the effectiveness in 
        achieving performance goals of any waiver under section 9703 of 
        this title; and
            ``(5) include the summary findings of those program 
        evaluations completed during the fiscal year covered by the 
        report.
    ``(e) An agency head may include all program performance 
information required annually under this section in an annual financial 
statement required under section 3515 if any such statement is 
submitted to the Congress no later than March 31 of the applicable 
fiscal year.
    ``(f) The functions and activities of this section shall be 
considered to be inherently Governmental functions. The drafting of 
program performance reports under this section shall be performed only 
by Federal employees.
``Sec. 1117. Exemption
    ``The Director of the Office of Management and Budget may exempt 
from the requirements of sections 1115 and 1116 of this title and 
section 306 of title 5, any agency with annual outlays of $20,000,000 
or less.''.

SEC. 5. MANAGERIAL ACCOUNTABILITY AND FLEXIBILITY.

    (a) Managerial Accountability and Flexibility.--Chapter 97 of title 
31, United States Code, is amended by adding after section 9702, the 
following new section:
``Sec. 9703. Managerial accountability and flexibility
    ``(a) Beginning with fiscal year 1999, the performance plans 
required under section 1115 may include proposals to waive 
administrative procedural requirements and controls, including 
specification of personnel staffing levels, limitations on compensation 
or remuneration, and prohibitions or restrictions on funding transfers 
among budget object classification 20 and subclassifications 11, 12, 
31, and 32 of each annual budget submitted under section 1105, in 
return for specific individual or organization accountability to 
achieve a performance goal. In preparing and submitting the performance 
plan under section 1105(a)(29), the Director of the Office of 
Management and Budget shall review and may approve any proposed 
waivers. A waiver shall take effect at the beginning of the fiscal year 
for which the waiver is approved.
    ``(b) Any such proposal under subsection (a) shall describe the 
anticipated effects on performance resulting from greater managerial or 
organizational flexibility, discretion, and authority, and shall 
quantify the expected improvements in performance resulting from any 
waiver. The expected improvements shall be compared to current actual 
performance, and to the projected level of performance that would be 
achieved independent of any waiver.
    ``(c) Any proposal waiving limitations on compensation or 
remuneration shall precisely express the monetary change in 
compensation or remuneration amounts, such as bonuses or awards, that 
shall result from meeting, exceeding, or failing to meet performance 
goals.
    ``(d) Any proposed waiver of procedural requirements or controls 
imposed by an agency (other than the proposing agency or the Office of 
Management and Budget) may not be included in a performance plan unless 
it is endorsed by the agency that established the requirement, and the 
endorsement included in the proposing agency's performance plan.
    ``(e) A waiver shall be in effect for one or two years as specified 
by the Director of the Office of Management and Budget in approving the 
waiver. A waiver may be renewed for a subsequent year. After a waiver 
has been in effect for three consecutive years, the performance plan 
prepared under section 1115 may propose that a waiver, other than a 
waiver of limitations on compensation or remuneration, be made 
permanent.
    ``(f) For purposes of this section, the definitions under section 
1115(f) shall apply.''.

SEC. 6. PILOT PROJECTS.

    (a) Performance Plans and Reports.--Chapter 11 of title 31, United 
States Code, is amended by inserting after section 1117 (as added by 
section 4 of this Act) the following new section:
``Sec. 1118. Pilot projects for performance goals
    ``(a) The Director of the Office of Management and Budget, after 
consultation with the head of each agency, shall designate not less 
than ten agencies as pilot projects in performance measurement for 
fiscal years 1994, 1995, and 1996. The selected agencies shall reflect 
a representative range of Government functions and capabilities in 
measuring and reporting program performance.
    ``(b) Pilot projects in the designated agencies shall undertake the 
preparation of performance plans under section 1115, and program 
performance reports under section 1116, other than section 1116(c), for 
one or more of the major functions and operations of the agency. A 
strategic plan shall be used when preparing agency performance plans 
during one or more years of the pilot period.
    ``(c) No later than May 1, 1997, the Director of the Office of 
Management and Budget shall submit a report to the President and to the 
Congress which shall--
            ``(1) assess the benefits, costs, and usefulness of the 
        plans and reports prepared by the pilot agencies in meeting the 
        purposes of the Government Performance and Results Act of 1993;
            ``(2) identify any significant difficulties experienced by 
        the pilot agencies in preparing plans and reports; and
            ``(3) set forth any recommended changes in the requirements 
        of the provisions of Government Performance and Results Act of 
        1993, section 306 of title 5, sections 1105, 1115, 1116, 1117, 
        1119 and 9703 of this title, and this section.''.
    (b) Managerial Accountability and Flexibility.--Chapter 97 of title 
31, United States Code, is amended by inserting after section 9703 (as 
added by section 5 of this Act) the following new section:
``Sec. 9704. Pilot projects for managerial accountability and 
              flexibility
    ``(a) The Director of the Office of Management and Budget shall 
designate not less than five agencies as pilot projects in managerial 
accountability and flexibility for fiscal years 1995 and 1996. Such 
agencies shall be selected from those designated as pilot projects 
under section 1118 and shall reflect a representative range of 
Government functions and capabilities in measuring and reporting 
program performance.
    ``(b) Pilot projects in the designated agencies shall include 
proposed waivers in accordance with section 9703 for one or more of the 
major functions and operations of the agency.
    ``(c) The Director of the Office of Management and Budget shall 
include in the report to the President and to the Congress required 
under section 1118(c)--
            ``(1) an assessment of the benefits, costs, and usefulness 
        of increasing managerial and organizational flexibility, 
        discretion, and authority in exchange for improved performance 
        through a waiver; and
            ``(2) an identification of any significant difficulties 
        experienced by the pilot agencies in preparing proposed 
        waivers.
    ``(d) For purposes of this section the definitions under section 
1115(f) shall apply.''.
    (c) Performance Budgeting.--Chapter 11 of title 31, United States 
Code, is amended by inserting after section 1118 (as added by section 6 
of this Act) the following new section:
``Sec. 1119. Pilot projects for performance budgeting
    ``(a) The Director of the Office of Management and Budget, after 
consultation with the head of each agency shall designate not less than 
five agencies as pilot projects in performance budgeting for fiscal 
years 1998 and 1999. At least three of the agencies shall be selected 
from those designated as pilot projects under section 1118, and shall 
also reflect a representative range of Government functions and 
capabilities in measuring and reporting program performance.
    ``(b) Pilot projects in the designated agencies shall cover the 
preparation of performance budgets. Such budgets shall present, for one 
or more of the major functions and operations of the agency, the 
varying levels of performance, including outcome-related performance, 
that would result from different budgeted amounts.
    ``(c) The Director of the Office of Management and Budget shall 
include, as an alternative budget presentation in the budget submitted 
under section 1105 for fiscal year 1999, the performance budgets of the 
designated agencies for this fiscal year.
    ``(d) No later than March 31, 2001, the Director of the Office of 
Management and Budget shall transmit a report to the President and to 
the Congress on the performance budgeting pilot projects which shall--
            ``(1) assess the feasibility and advisability of including 
        a performance budget as part of the annual budget submitted 
        under section 1105;
            ``(2) describe any difficulties encountered by the pilot 
        agencies in preparing a performance budget;
            ``(3) recommend whether legislation requiring performance 
        budgets should be proposed and the general provisions of any 
        legislation; and
            ``(4) set forth any recommended changes in the other 
        requirements of the Government Performance and Results Act of 
        1993, section 306 of title 5, sections 1105, 1115, 1116, 1117, 
        and 9703 of this title, and this section.
    ``(e) After receipt of the report required under subsection (d), 
the Congress may specify that a performance budget be submitted as part 
of the annual budget submitted under section 1105.''.

SEC. 7. UNITED STATES POSTAL SERVICE.

    Part III of title 39, United States Code, is amended by adding at 
the end thereof the following new chapter:

      ``CHAPTER 28--STRATEGIC PLANNING AND PERFORMANCE MANAGEMENT

``Sec.
``2801. Definitions.
``2802. Strategic plans.
``2803. Performance plans.
``2804. Program performance reports.
``2805. Inherently Governmental functions.
``Sec. 2801. Definitions
    ``For purposes of this chapter the term--
            ``(1) `outcome measure' refers to an assessment of the 
        results of a program activity compared to its intended purpose;
            ``(2) `output measure' refers to the tabulation, 
        calculation, or recording of activity or effort and can be 
        expressed in a quantitative or qualitative manner;
            ``(3) `performance goal' means a target level of 
        performance expressed as a tangible, measurable objective, 
        against which actual achievement shall be compared, including a 
        goal expressed as a quantitative standard, value, or rate;
            ``(4) `performance indicator' refers to a particular value 
        or characteristic used to measure output or outcome;
            ``(5) `program activity' means a specific activity related 
        to the mission of the Postal Service; and
            ``(6) `program evaluation' means an assessment, through 
        objective measurement and systematic analysis, of the manner 
        and extent to which Postal Service programs achieve intended 
        objectives.
``Sec. 2802. Strategic plans
    ``(a) No later than September 30, 1997, the Postal Service shall 
submit to the President and the Congress a strategic plan for its 
program activities. Such plan shall contain--
            ``(1) a comprehensive mission statement covering the major 
        functions and operations of the Postal Service;
            ``(2) general goals and objectives, including outcome-
        related goals and objectives, for the major functions and 
        operations of the Postal Service;
            ``(3) a description of how the goals and objectives are to 
        be achieved, including a description of the operational 
        processes, skills and technology, and the human, capital, 
        information, and other resources required to meet those goals 
        and objectives;
            ``(4) a description of how the performance goals included 
        in the plan required under section 2803 shall be related to the 
        general goals and objectives in the strategic plan;
            ``(5) an identification of those key factors external to 
        the Postal Service and beyond its control that could 
        significantly affect the achievement of the general goals and 
        objectives; and
            ``(6) a description of the program evaluations used in 
        establishing or revising general goals and objectives, with a 
        schedule for future program evaluations.
    ``(b) The strategic plan shall cover a period of not less than five 
years forward from the fiscal year in which it is submitted, and shall 
be updated and revised at least every three years.
    ``(c) The performance plan required under section 2803 shall be 
consistent with the Postal Service's strategic plan. A performance plan 
may not be submitted for a fiscal year not covered by a current 
strategic plan under this section.
    ``(d) When developing a strategic plan, the Postal Service shall 
solicit and consider the views and suggestions of those entities 
potentially affected by or interested in such a plan, and shall advise 
the Congress of the contents of the plan.
``Sec. 2803. Performance plans
    ``(a) The Postal Service shall prepare an annual performance plan 
covering each program activity set forth in the Postal Service budget, 
which shall be included in the comprehensive statement presented under 
section 2401(g) of this title. Such plan shall--
            ``(1) establish performance goals to define the level of 
        performance to be achieved by a program activity;
            ``(2) express such goals in an objective, quantifiable, and 
        measurable form unless an alternative form is used under 
        subsection (b);
            ``(3) briefly describe the operational processes, skills 
        and technology, and the human, capital, information, or other 
        resources required to meet the performance goals;
            ``(4) establish performance indicators to be used in 
        measuring or assessing the relevant outputs, service levels, 
        and outcomes of each program activity;
            ``(5) provide a basis for comparing actual program results 
        with the established performance goals; and
            ``(6) describe the means to be used to verify and validate 
        measured values.
    ``(b) If the Postal Service determines that it is not feasible to 
express the performance goals for a particular program activity in an 
objective, quantifiable, and measurable form, the Postal Service may 
use an alternative form. Such alternative form shall--
            ``(1) include separate descriptive statements of--
                    ``(A) a minimally effective program, and
                    ``(B) a successful program,
        with sufficient precision and in such terms that would allow 
        for an accurate, independent determination of whether the 
        program activity's performance meets the criteria of either 
        description; or
            ``(2) state why it is infeasible or impractical to express 
        a performance goal in any form for the program activity.
    ``(c) In preparing a comprehensive and informative plan under this 
section, the Postal Service may aggregate, disaggregate, or consolidate 
program activities, except that any aggregation or consolidation may 
not omit or minimize the significance of any program activity 
constituting a major function or operation.
    ``(d) The Postal Service may prepare a non-public annex to its plan 
covering program activities or parts of program activities relating 
to--
            ``(1) the avoidance of interference with criminal 
        prosecution; or
            ``(2) matters otherwise exempt from public disclosure under 
        section 410(c) of this title.
``Sec. 2804. Program performance reports
    ``(a) The Postal Service shall prepare a report on program 
performance for each fiscal year, which shall be included in the annual 
comprehensive statement presented under section 2401(g) of this title.
    ``(b)(1) The program performance report shall set forth the 
performance indicators established in the Postal Service performance 
plan, along with the actual program performance achieved compared with 
the performance goals expressed in the plan for that fiscal year.
    ``(2) If performance goals are specified by descriptive statements 
of a minimally effective program activity and a successful program 
activity, the results of such program shall be described in 
relationship to those categories, including whether the performance 
failed to meet the criteria of either category.
    ``(c) The report for fiscal year 2000 shall include actual results 
for the preceding fiscal year, the report for fiscal year 2001 shall 
include actual results for the two preceding fiscal years, and the 
report for fiscal year 2002 and all subsequent reports shall include 
actual results for the three preceding fiscal years.
    ``(d) Each report shall--
            ``(1) review the success of achieving the performance goals 
        of the fiscal year;
            ``(2) evaluate the performance plan for the current fiscal 
        year relative to the performance achieved towards the 
        performance goals in the fiscal year covered by the report;
            ``(3) explain and describe, where a performance goal has 
        not been met (including when a program activity's performance 
        is determined not to have met the criteria of a successful 
        program activity under section 2803(b)(2))--
                    ``(A) why the goal was not met;
                    ``(B) those plans and schedules for achieving the 
                established performance goal; and
                    ``(C) if the performance goal is impractical or 
                infeasible, why that is the case and what action is 
                recommended; and
            ``(4) include the summary findings of those program 
        evaluations completed during the fiscal year covered by the 
        report.
``Sec. 2805. Inherently Governmental functions
    ``The functions and activities of this chapter shall be considered 
to be inherently Governmental functions. The drafting of strategic 
plans, performance plans, and program performance reports under this 
section shall be performed only by employees of the Postal Service.''.

SEC. 8. CONGRESSIONAL OVERSIGHT AND LEGISLATION.

    (a) In General.--Nothing in this Act shall be construed as limiting 
the ability of Congress to establish, amend, suspend, or annul a 
performance goal. Any such action shall have the effect of superseding 
that goal in the plan submitted under section 1105(a)(29) of title 31, 
United States Code.
    (b) GAO Report.--No later than June 1, 1997, the Comptroller 
General of the United States shall report to Congress on the 
implementation of this Act, including the prospects for compliance by 
Federal agencies beyond those participating as pilot projects under 
sections 1118 and 9704 of title 31, United States Code.

SEC. 9. TRAINING.

    The Office of Personnel Management shall, in consultation with the 
Director of the Office of Management and Budget and the Comptroller 
General of the United States, develop a strategic planning and 
performance measurement training component for its management training 
program and otherwise provide managers with an orientation on the 
development and use of strategic planning and program performance 
measurement.

SEC. 10. APPLICATION OF ACT.

    No provision or amendment made by this Act may be construed as--
            (1) creating any right, privilege, benefit, or entitlement 
        for any person who is not an officer or employee of the United 
        States acting in such capacity, and no person who is not an 
        officer or employee of the United States acting in such 
        capacity shall have standing to file any civil action in a 
        court of the United States to enforce any provision or 
        amendment made by this Act; or
            (2) superseding any statutory requirement, including any 
        requirement under section 553 of title 5, United States Code.

SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Amendment to Title 5, United States Code.--The table of 
sections for chapter 3 of title 5, United States Code, is amended by 
adding after the item relating to section 305 the following:

``306. Strategic plans.''.
    (b) Amendments to Title 31, United States Code.--
            (1) Amendment to chapter 11.--The table of sections for 
        chapter 11 of title 31, United States Code, is amended by 
        adding after the item relating 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.''.
            (2) Amendment to chapter 97.--The table of sections for 
        chapter 97 of title 31, United States Code, is amended by 
        adding after the item relating to section 9702 the following:

``9703. Managerial accountability and flexibility.
``9704. Pilot projects for managerial accountability and 
                            flexibility.''.
    (c) Amendment to Title 39, United States Code.--The table of 
chapters for part III of title 39, United States Code, is amended by 
adding at the end 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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