§326. 31 USC 1126. Program Management Improvement Officers and Program Management Policy Council

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§1126. Program Management Improvement Officers and Program Management Policy Council

(a) Program Management Improvement Officers.—

(1) Designation.—The head of each agency described in section 901(b) shall designate a senior executive of the agency as the Program Management Improvement Officer of the agency.

(2) Functions.—The Program Management Improvement Officer of an agency designated under paragraph (1) shall—

(A) implement program management policies established by the agency under section 503(c); and

(B) develop a strategy for enhancing the role of program managers within the agency that includes the following:

(i) Enhanced training and educational opportunities for program managers that shall include—

(I) training in the relevant competencies encompassed with program and project manager within the private sector for program managers; and

(II) training that emphasizes cost containment for large projects and programs.

(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency.

(iii) Improved career paths and career opportunities for program managers.

(iv) A plan to encourage the recruitment and retention of highly qualified individuals to serve as program managers.

(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency.

(vi) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes.

(3) Application to department of defense.—This subsection shall not apply to the Department of Defense to the extent that the provisions of this subsection are substantially similar to or duplicative of the provisions of chapter 87 of title 10. For purposes of paragraph (1), the Under Secretary of Defense for Acquisition, Technology, and Logistics (or a designee of the Under Secretary) shall be considered the Program Management Improvement Officer.

(b) Program Management Policy Council.—

(1) Establishment.—There is established in the Office of Management and Budget a council to be known as the “Program Management Policy Council” (in this subsection referred to as the “Council”).

(2) Purpose and functions.—The Council shall act as the principal interagency forum for improving agency practices related to program and project management. The Council shall—

(A) advise and assist the Deputy Director for Management of the Office of Management and Budget;

(B) review programs identified as high risk by the Government Accountability Office and make recommendations for actions to be taken by the Deputy Director for Management of the Office of Management and Budget or a designee;

(C) discuss topics of importance to the workforce, including—

(i) career development and workforce development needs;

(ii) policy to support continuous improvement in program and project management; and

(iii) major challenges across agencies in managing programs;

(D) advise on the development and applicability of standards governmentwide for program management transparency; and

(E) review the information published on the website of the Office of Management and Budget pursuant to section 1122.

(3) Membership.—

(A) Composition.—The Council shall be composed of the following members:

(i) Five members from the Office of Management and Budget as follows:

(I) The Deputy Director for Management.

(II) The Administrator of the Office of Electronic Government.

(III) The Administrator of Federal Procurement Policy.

(IV) The Controller of the Office of Federal Financial Management.

(V) The Director of the Office of Performance and Personnel Management.

(ii) The Program Management Improvement Officer from each agency described in section 901(b).

(iii) Any other full-time or permanent part-time officer or employee of the Federal Government or member of the Armed Forces designated by the Chairperson.

(B) Chairperson and vice chairperson.—

(i) In general.—The Deputy Director for Management of the Office of Management and Budget shall be the Chairperson of the Council. A Vice Chairperson shall be elected by the members and shall serve a term of not more than 1 year.

(ii) Duties.—The Chairperson shall preside at the meetings of the Council, determine the agenda of the Council, direct the work of the Council, and establish and direct subgroups of the Council as appropriate.

(4) Meetings.—The Council shall meet not less than twice per fiscal year and may meet at the call of the Chairperson or a majority of the members of the Council.

(5) Support.—The head of each agency with a Project Management Improvement Officer serving on the Council shall provide administrative support to the Council, as appropriate, at the request of the Chairperson.

Rules of the House

COUNSEL NOTES

Section 1126 was set forth by both section 2 of the Program Management Improvement Accountability Act (PMIAA) and section 861 of the National Defense Authorization Act for Fiscal Year 2017. The latter was enacted later and hence was classified to the U.S. Code.

The report on PMIAA (H. Rpt. 114-637) included the following description related to this section:

BACKGROUND AND NEED FOR LEGISLATION

Turning agency best practices into government-wide policies for program and project managers could help to stop waste before it starts. S. 1550 begins this process by requiring the Office of Management and Budget (OMB) to establish standards and policies for program management. OMB would be required to oversee implementation of those standards and engage with the private sector to identify best practices. S. 1550 also requires OMB to establish a five-year strategic plan for program and project management.

Further, S. 1550 establishes a long-term view of improvements to program and project management by creating a Program Management Improvement Council and requiring every agency to designate a Program Management Improvement Officer. The Council would be comprised of five top officials from OMB and the Program Management Improvement Officer from each agency. The Council would advise OMB in establishing standards and identifying best practices, review high risk programs, and discuss topics of importance to workforce. Agency-designated Project Management Improvement Officers would be tasked with leading the agency in implementing the standards set by OMB and developing a strategy for enhancing the role of project managers in the agency.

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SECTION-BY-SECTION

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Section 3. Program Management Improvement Officers; Program Management Council

Requires each Chief Financial Officer (CFO) Act agency to designate a senior executive as the ‘‘Program Management Improvement Officer’’ (PMIO) to implement program management policies and develop a strategy for enhancing the role of program man- agers.

Exempts DOD from these requirements, to the extent that they are substantially similar to or duplicative of the provisions of Chapter 87 of Title 10.

Establishes the ‘‘Program Management Policy Council’’ to review programs identified as high risk by GAO and make recommendations for actions to be taken; advise on the development of standards for program management transparency; and review information on performance.gov.

The Council shall be composed of the PMIO from each CFO Act agency, and the following five members from OMB: the Deputy Director for Management (Chair); the Administrator of the Office of Electronic Government; the Administrator of Federal Procurement Policy; the Controller of the Office of Federal Financial Management; and the Director of the Office of Performance and Personnel Management. The Council shall meet at least twice per year.

Requires each agency with a PMIO serving on the Council to provide administrative support.

[House Committee on Oversight and Government Reform, Program Management Improvement Accountability Act: Committee Report to Accompany H.R. S. 1550, H. Rept. 114-637 (April 2010) pp. 3-4; note: This section was renumbered section 2 before enactment.]

Summary of the Program Management Improvement and Accountability Act

The Program Management Improvement and Accountability Act of 2015 establishes as additional functions of the Deputy Director for Management of OMB requirements to:

adopt and oversee government-wide standards, policies, and guidelines for program and project management for executive agencies;

chair the Program Management Policy Council (established by this Act);
issue regulations and establish standards and policies for executive agencies in accordance with nationally accredited standards for program and project management planning and delivery issues;
engage with the private sector;
conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office;
conduct portfolio reviews of agency programs at least annually; and
establish a five-year strategic plan for program and project management.

The Act requires the head of each federal agency that is required to have a Chief Financial Officer to designate a Program Management Improvement Officer to implement agency program management policies and develop a written strategy for enhancing the role of program managers within the agency.

It establishes the PMPC within OMB to act as the principal interagency forum for improving agency practices related to program and project management.

It also requires OPM to issue regulations that: (1) identify key skills and competencies needed for a program and project manager in an agency, (2) establish a new job series or update and improve an existing job series for program and project management within an agency, and (3) establish a new career path for program and project managers.

Source – National Academy of Public Administration, Implementing the Program Management Improvement and Accountability Act of 2015 (Project Management Institute) July 2017, p. 18.

LEGISLATIVE HISTORY NOTES

PUBLIC LAWS

Pub. L. 114–264, §2(b)(1), Dec. 14, 2016, 130 Stat. 1372 (enacted as the Program Management Improvement Accountability Act).

Pub. L. 114–328, div. A, title VIII, §861(b)(1), Dec. 23, 2016, 130 Stat. 2299 (National Defense Authorization Act for Fiscal Year 2017) See section 861 of that Act).

Codification

Pub. L. 114–264 and Pub. L. 114–328 enacted substantially identical sections 1126 of this title. This section is based on the section 1126 enacted by section 861(b)(1) of Pub. L. 114–328.

Program and Project Management Personnel Standards

Pub. L. 114–328, div. A, title VIII, §861(c), 130 Stat. 2301, Dec. 23, 2016 (National Defense Authorization Act of 2017) provided that:

“(1) Definition.—In this subsection, the term ‘agency’ means each agency described in section 901(b) of title 31, United States Code, other than the Department of Defense.

“(2) Regulations required.—Not later than 180 days after the date on which the standards, policies, and guidelines are issued under section 503(c) of title 31, United States Code, as added by subsection (a)(1), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall issue regulations that—

“(A) identify key skills and competencies needed for a program and project manager in an agency;

“(B) establish a new job series, or update and improve an existing job series, for program and project management within an agency; and

“(C) establish a new career path for program and project managers within an agency.”

31 U.S.C. 1125