PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3351 Subtitle B—Civilian Agency Acquisitions SEC. 6051. PERFORMANCE BASED MANAGEMENT. (a) POLICY AND GOALS FOR PERFORMANCE BASED MANAGEMENT OF PROGRAMS. — Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 301 et seq.), as amended by sections 1552 and 1553, is further amended by adding at the end the following new section:
- 'SEC. 313. PERFORMANCE BASED MANAGEMENT: ACQUISITION PRO- 41 USC 268.
GRAMS. "(a) CONGRESSIONAL POLICY.— I t is the policy of Congress that the head of each executive agency should achieve, on average, 90 percent of the cost and schedule goals established for major and nonmajor acquisition programs of the agency without reducing the performance or capabilities of the items being acquired. "(b) ESTABLISHMENT OF GOALS. —(1) The head of each executive agency shall approve or define the cost, performance, and schedule goals for major acquisition programs of the agency. "(2) The chief financial officer of an executive agency shall evaluate the cost goals proposed for each m£gor acquisition program of the agency. "(c) IDENTIFICATION OF NONCOMPLIANT PROGRAMS.—Whenever it is necessary to do so in order to implement the policy set out in subsection (a), the head of an executive agency shall— "(1) determine whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and "(2) identify suitable actions to be taken, including termination, with respect to such programs.". (b) ANNUAL REPORTING REQUIREMENT. —Section 6 of the OflBce of Federal Procurement PoUcy Act (41 U.S.C. 405), as amended by section 1091, is further amended by adding at the end the following new subsection: "(k) The Administrator shall submit to Congress, on an annual basis, an assessment of the progress made in executive agencies in implementing the policy stated in section 313(a) of the Federal Property and Administrative Services Act of 1949. The Administrator shall use data from existing management systems in making the assessment.". (c) ENHANCED SYSTEM OF PERFORMANCE INCENTIVES. — Within 4i use 263 note, one year after the date of the enactment of this Act, the Deputy Director for Management of the Office of Management and Budget, in consultation with appropriate officials in other departments and agencies of the Federal (jovernment, shall, to the maximum extent consistent with applicable law— (1) establish poUcies and procedures for the heads of such departments and agencies to designate acquisition positions and manage employees (including the accession, education, training and career development of employees) in the designated acquisition positions; and (2) review the incentives and personnel actions available to the heads of departments and agencies of the Federal Ciovernment for encouraging excellence in the acquisition workforce of the Federal Government and provide an enhanced