Pub. L. 107-71, tit. I, sec. 130
RESULTS-BASED MANAGEMENT.
SEC. 130. RESULTS-BASED MANAGEMENT. Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following: “§ 44942. Performance goals and objectives “(a) Short Term Transition.— “(1) In general.—Within 180 days after the date of enactment of the Aviation and Transportation Security Act, the Under Secretary for Transportation Security may, in consultation with Congress— “(A) establish acceptable levels of performance for aviation security, including screening operations and access control, and “(B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved. “(2) Basics of action plan.—The action plan shall clarify the responsibilities of the Transportation Security Administration, the Federal Aviation Administration and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system. “(b) Long-Term Results-Based Management.— “(1) Performance plan and report.— 115 STAT. 634 “(A) Performance plan.— “(i) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary and the Under Secretary for Transportation Security shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals. “(ii) In addition to meeting the requirements of GPRA, the performance plan should clarify the responsibilities of the Secretary, the Under Secretary for Transportation Security and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system. “(B) Performance report.—Each year, consistent with the requirements of GPRA, the Under Secretary for Transportation Security shall prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the goals established in the performance plan. “§ 44943. Performance management system “(a) Establishing a Fair and Equitable System for Measuring Staff Performance.—The Under Secretary for Transportation Security shall establish a performance management system which strengthens the organization’s effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan. “(b) Establishing Management Accountability for Meeting Performance Goals.— “(1) In general.—Each year, the Secretary and Under Secretary of Transportation for Security shall enter into an annual performance agreement that shall set forth organizational and individual performance goals for the Under Secretary. “(2) Goals.—Each year, the Under Secretary and each senior manager who reports to the Under Secretary shall enter into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Under Secretary shall enter into an annual performance agreement that sets forth organization and individual goals for those employees. “(c) Performance-Based Service Contracting.—To the extent contracts, if any, are used to implement the Aviation Security Act, the Under Secretary for Transportation Security shall, to the extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.”.