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EXHIBIT R
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EXHIBIT A
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EXHIBIT B
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
January 30, 2023
(House Rules)
STATEMENT OF ADMINISTRATION POLICY
H.R. 382 – A bill to terminate the public health emergency
declared with respect to COVID-19
(Rep. Guthrie, R-KY, and 19 cosponsors)
H.J. Res. 7 – A joint resolution relating to a national emergency
declared by the President on March 13, 2020
(Rep. Gosar, R-AZ, and 51 cosponsors)
The COVID-19 national emergency and public health emergency (PHE) were declared by the
Trump Administration in 2020. They are currently set to expire on March 1 and April 11,
respectively. At present, the Administration’s plan is to extend the emergency declarations to
May 11, and then end both emergencies on that date. This wind-down would align with the
Administration’s previous commitments to give at least 60 days’ notice prior to termination of
the PHE.
To be clear, continuation of these emergency declarations until May 11 does not impose any
restriction at all on individual conduct with regard to COVID-19. They do not impose mask
mandates or vaccine mandates. They do not restrict school or business operations. They do not
require the use of any medicines or tests in response to cases of COVID-19.
However, ending these emergency declarations in the manner contemplated by H.R. 382 and H.J.
Res. 7 would have two highly significant impacts on our nation’s health system and government
operations.
First, an abrupt end to the emergency declarations would create wide-ranging chaos and
uncertainty throughout the health care system — for states, for hospitals and doctors’ offices,
and, most importantly, for tens of millions of Americans. During the PHE, the Medicaid
program has operated under special rules to provide extra funding to states to ensure that tens of
millions of vulnerable Americans kept their Medicaid coverage during a global pandemic. In
December, Congress enacted an orderly wind-down of these rules to ensure that patients did not
lose access to care unpredictably and that state budgets don’t face a radical cliff. If the PHE
were suddenly terminated, it would sow confusion and chaos into this critical wind-down. Due
to this uncertainty, tens of millions of Americans could be at risk of abruptly losing their health
insurance, and states could be at risk of losing billions of dollars in funding. Additionally,
hospitals and nursing homes that have relied on flexibilities enabled by the emergency
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declarations will be plunged into chaos without adequate time to retrain staff and establish new
billing processes, likely leading to disruptions in care and payment delays, and many facilities
around the country will experience revenue losses. Finally, millions of patients, including many
of our nation’s veterans, who rely on telehealth would suddenly be unable to access critical
clinical services and medications. The most acutely impacted would be individuals with
behavioral health needs and rural patients.
Second, the end of the public health emergency will end the Title 42 policy at the border. While
the Administration has attempted to terminate the Title 42 policy and continues to support an
orderly lifting of those restrictions, Title 42 remains in place because of orders issued by the
Supreme Court and a district court in Louisiana. Enactment of H.R. 382 would lift Title 42
immediately, and result in a substantial additional inflow of migrants at the Southwest
border. The number of migrants crossing the border has been cut in half, approximately, since
the Administration put in place a plan in early January to deter irregular migration from
Venezuela, Cuba, Nicaragua, and Haiti. The Administration supports an orderly, predictable
wind-down of Title 42, with sufficient time to put alternative policies in place. But if H.R. 382
becomes law and the Title 42 restrictions end precipitously, Congress will effectively be
requiring the Administration to allow thousands of migrants per day into the country
immediately without the necessary policies in place.
The Administration strongly opposes enactment of H.R. 382 and H.J. Res. 7, which would be a
grave disservice to the American people.
*******
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EXHIBIT C
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
THE DIRECTOR
April 13, 2023
M-23-15
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
FROM: Shalanda D. Young
SUBJECT: Measuring, Monitoring, and Improving Organizational Health and Organizational
Performance in the Context of Evolving Agency Work Environments
This memorandum outlines steps executive departments and agencies (agencies) will take
to ensure that agency decisions regarding work environments continue to improve organizational
health and organizational performance. Agencies’ organizational health and organizational
performance frameworks and approaches must support delivery of the agency’s statutory
missions. One year after agencies completed reentry, and with the planned conclusion of the
public health emergency, it is the right time for agencies to assess their work environments,
reflecting on what they have learned as they build routines for measuring and monitoring
organizational health and organizational performance.
This spring, agencies will develop updated Work Environment Plans that describe current
operational policies that are critical to improving organizational health and organizational
performance. Those plans should also describe future changes to those policies aimed at
improving an agency’s mission delivery. It is the expectation that as a part of these assessments
agencies will continue to substantially increase meaningful in-person work at Federal offices,
particularly at headquarters and equivalents, while still using flexible operational policies as an
important tool in talent recruitment and retention. Agencies’ routine assessment of organizational
health and organizational performance (defined further below) will ensure ongoing optimization
of agency work environments, among other priorities. This memorandum directs agencies to:
1) Update Work Environment plans (based on post-reentry plans), describing their
current policies for telework and related operational policies (e.g., work schedule
design or use of supportive technologies for collaboration), and anticipated future
changes;
2) Establish routines to assess and optimize such changes, monitoring progress and
diagnosing issues related to organizational health and organizational performance on
an ongoing basis; and,
1
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3) Identify a set of indicators, which may be adjusted over time, that each agency-
identified major operating unit1 will use for measuring, monitoring, and improving
organizational health and organizational performance. These include indicators that
support agency assessment of and decision-making related to current and future work
environments.
Federal employees and agencies have continuously embraced innovative ways of
working to deliver on agency missions. The most recent Office of Personnel Management
(OPM) Federal Employee Viewpoint Survey (FEVS) found that 78 percent of employees
believed that their organizations were successful at accomplishing their missions. Consistent
with the values included in the President’s Management Agenda (PMA), leaders, managers, and
supervisors across the Federal Government will be held to the highest standards of accountability
for understanding how their operational units are performing and adjusting workforce policies to
maximize organizational performance and organizational health. Leaders, managers, and
supervisors must continue taking steps to improve their collection and use of data to improve
operations, including disaggregating based on location and other factors. When risks or
indications of underperformance are identified, timely actions (e.g., actions related to personnel,
funding or technology) must be taken to ensure organizations are meeting their performance
objectives and customer expectations.
Consistent with Memorandum M-21-25, Integrating Planning for A Safe Increased
Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry
Personnel Policies and Work Environment (June 10, 2021),2 agencies’ decisions about their
work environments should be based on how they can most effectively achieve their missions
while strengthening their organizations for the future. Additionally, agencies must ensure that all
services, including public facing services, continue to meet and exceed customer expectations
and needs. Agencies should prioritize improving experiences and services that directly impact
the public (e.g., prolonged wait times or delays in processing federal services).
To implement this memorandum, agency Deputy Secretaries or equivalents are
accountable for ensuring that senior Federal Government leaders and managers monitor and
assess the organizational health and organizational performance of the individual major
operating units within an agency in order to strengthen mission delivery. This action includes
developing routines for engaging managers and staff within each such operating unit to pursue
improved performance in concert with increased organizational health. These routines should be
consistent with overall agency mission and strategy and informed by a variety of indicators of
organizational health and organizational performance, which can assist agencies in monitoring
the effect of changes to workforce and operational policies and practices.
1
For the purposes of this memorandum, defining major operating units should be done by agencies as a reflection of
their distinctive missions and unique histories and organizational structures. For instance, an agency, bureau, or
component office may be considered a major operating unit. As a point of reference, agencies already report their
work units to the Office of Personnel Management (OPM), based on OPM’s guidance, for purposes of administering
the Federal Employee Viewpoint Survey and other human capital reporting.
2
Available at: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf.
2
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As part of establishing these routines, agencies will prepare updated Work Environment
plans (based on post-reentry plans developed in response to Memorandum M-21-25), reflecting
lessons learned on mission delivery and work environment. Those Work Environment plans
should be informed by agencies’ assessment of their organizational health and organizational
performance, in keeping with the routines and indicators outlined in this memorandum. In
coordination with the President’s Management Council Work Environment Working Group3,
agencies will submit Work Environment plans to the Office of Management and Budget (OMB)
describing their current policies for telework and related operational policies, and detailing
anticipated future changes, including implementation timelines. Agency workforces are
generally expected to increase meaningful in-person work—that is in-person work that is
purposeful, well-planned, and optimized for in-person collaboration – while still using flexible
operational policies as an important tool in talent recruitment and retention. Planning should
recognize that some operating units have improved performance while using workplace
flexibilities, while also optimizing in-person work and strong, sustainable organization health
and culture. Emphasis on planning should be placed on agency headquarters and equivalents and
customer-facing units and personnel, including in High Impact Service Providers, following
instructions detailed below. Updated agency plans and implementation timelines (to include
satisfaction of collective bargaining obligations and notice to employees) should continue to be
guided by principles set forth in Memorandum M-21-25.
As agencies consider their work environments within their major operating units,
assessments of organizational health and organizational performance can help identify beneficial
or adverse impacts of telework and other operational policies on the agency’s performance of its
mission. These may include impacts to customer experience and service, security, cost to
operations, management of real property, investments in network capacity or communications
infrastructure, and the agency’s ability to recruit and retain top talent. Such assessments can also
be used to assess technology capabilities, with an eye towards improving efficiency and reducing
time spent on processes that rely on outdated technology.4 If agency Deputy Secretaries or
equivalents find that operational policies are adversely impacting their organizational health and
organizational performance (defined further below), they should rapidly make adjustments to
immediately address areas of underperformance.
Agencies are also reminded that Memorandum M-21-25, which directs agencies to rely
on evidence when making decisions about agency work environments, including by: (1) seeking
and considering data and information regarding the impact of personnel policies and procedures
on employee engagement, mission delivery, and outcomes; (2) establishing frequent feedback
mechanisms, such as pulse surveys; and (3) leveraging evaluation and decision-making processes
that support regular, data-driven updates to policies and procedures as the needs of the people
agencies serve and of the Federal workforce continue to evolve.
3
Previously the President’s Management Council Working Group on Reentry and the Future of Work.
4
The Federal Robotic Process Automation (RPA) Community of Practice serves as a complementary community
that helps agencies across the Federal Government overcome the technical, management, and operational challenges
that arise in designing and deploying an effective RPA program. The community includes 1,400+ members from
over 100 departments and agencies.
3
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In addition, OMB Memorandum M-22-14, FY 2024 Agency-wide Capital Planning to
Support the Future of Work (July 22, 2022),5 guides agencies to rely on evidence when making
their office space and capital planning decisions, including by collecting and using data and
information regarding the effects of personnel policies and procedures on mission delivery,
employee engagement, and workspace utilization. Memorandum M-22-14 also set forth that
when determining future physical space requirements, agencies should consider the agency’s
mission and customer needs, the current and future workforce, and impacts on local
communities.
In implementing this memorandum, agencies should engage and strengthen any existing
agency practices, routines, and functions related to the measurement and monitoring of
organizational health and organizational performance. Agencies also are encouraged to consider
new ways to measure and monitor organizational health and organizational performance,
including to assess impacts of varied and changing agency work environments.
I. Definitions
This memorandum introduces the following terms and defines them as follows.
• Organizational Health is an organization’s ability to drive performance results
collectively in support of its mission, deliver programs and services, and meet
stakeholder needs and priorities on an ongoing basis. An organization’s health may
include considerations such as resilience, capability, and capacity.
• Organizational Performance is an organization’s effectiveness in delivering mission-
aligned results. Effectiveness and results can be measured by a range of indicators and
evidence, both internal and external to the organization.
• Work Environment is the combination of: personnel policies; talent and workforce
performance management strategies; workforce capacity, workloads, and work schedules;
design of workspaces and workplaces; supportive and assistive technology tools for
individual and collaborative work; and integration of diversity, equity, inclusion, and
accessibility principles across management practices and processes. Among other factors
(e.g., resource allocation, workforce availability, and policy or statutory constraints),
work environments can impact organizational health and, in turn, organizational
performance.
• Organizational Health and Organizational Performance Framework is a set of validated
indicators that can be routinely measured, tracked, and assessed, with which an
organization’s senior leadership, managers, front-line supervisors, workforce, and
stakeholders can monitor the organization’s effectiveness and ability (including
resilience, capability, and capacity) to perform and adapt. An effective organizational
health and organizational performance framework can inform agency decisions regarding
a variety of factors, including empowering agency leaders and managers to make,
monitor, and assess changes in the organization’s work environment.
5
Office of Management and Budget, Executive Office of the President, OMB M-22-14, FY 2024 Agency-wide
Capital Planning to Support the Future of Work. Available at: https://www.whitehouse.gov/wp-
content/uploads/2022/07/M-22-14.pdf.
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II. Building on Existing Government-Wide and Agency-Specific Initiatives, Processes,
and Routines
Agencies’ organizational health and organizational performance frameworks and
approaches must support delivery of the agency’s statutory missions. This concept is supported
by academic, nonprofit, and private-sector literature.6 Such frameworks (defined above) also
should align to and integrate with agency-level and component-level strategic plans, agency
priority goals, human capital operating plans, learning agendas, capital plans, other strategic
plans and routines for assessing them.
Agencies should consider updates to their publicly available strategic plans, FY 2025
agency performance plans, CX Action Plans, HISP Designated Services and associated
performance indicators, and agency learning agendas, as appropriate, to align them with actions
taken in response to this memorandum. Agencies should also consider how best to share data and
information regarding the agency’s organizational health and organizational performance
publicly where feasible and legally permissible.
As the agency’s Chief Operating Officer, an agency’s Deputy Secretary or equivalent is
accountable (supported by the agency Performance Improvement Officer) for ensuring that the
requisite agency leaders and staff are engaged in comprehensive, data-driven processes that
regularly review organizational performance and that results of such reviews are used to inform
agency decisions about future agency work environments.
A. Integrating Agency Organizational Health and Organizational Performance Frameworks with
Existing Strategic-Planning, Performance-Management, and Risk-Management Processes
While the Federal Performance Framework,7 guided by the Government Performance and
Results Act (GPRA) Modernization Act,8 establishes routines of organizational goal setting,
progress review, and reporting policies for agencies, it does not necessarily establish mechanisms
and routines to develop and monitor an organization’s capacity to perform or resiliency to
respond to evolving missions, priorities, and external factors, including within dynamic working
environments. Moreover, the Federal Performance Framework only requires these routines at the
agency level as the primary organizational unit of analysis.
Agencies’ approaches to implementing this memorandum should therefore align to and
integrate with existing agency-level and component-level strategic-planning, performance-
management, and risk-management processes, including the agency’s annual strategic review,
human capital planning, FEVS action planning, and enterprise risk management efforts. For
6
For example, “Strengthening Organizational Health and Performance in Government,” National Academy of
Public Administration. January 2018. Available at: https://napawash.org/academy-studies/strengthening-
organizational-health-and-performance-in-government.
7
Overview of the Federal Performance Framework, Performance.gov. Available at:
https://www.performance.gov/about/performance-framework/.
8
GPRA Modernization Act of 2010, 5 U.S. Code § 306.
5
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instance, many agencies’ Deputy Secretaries lead quarterly data-driven management reviews,
along with processes aligned with an annual strategic review of organizational performance,
reviews that advance enterprise risk management, or other established processes that can help
review the organization’s health or performance. Many agencies also require action plans based
on FEVS results throughout their organizations or may even have an existing organizational
performance or organizational health framework in place that meets some or all of the
expectations described in this memorandum. For example, the Department of Veterans Affairs
continually tracks and reports on Veteran Trust in VA, making significant gains since they began
measurement in 2015.9 In sum, research has shown that agencies have developed significant
capabilities over the past decade to examine their performance at all levels and should leverage
those to achieve the objectives of this memorandum wherever possible, rather than creating new
systems or requirements.
Within agencies, major operating units may develop a consistent approach to—or
framework for—organizational health and organizational performance; however, organizational
leaders in major operating units should have the autonomy and flexibility to select the
organizational health and organizational performance indicators and routines for monitoring in
alignment with their specific missions, services, stakeholders, contexts, cultures, workforce
considerations, etc. These efforts should be closely coordinated with agency headquarters but
also informed by engagement with internal and external stakeholders, including the agency’s
workforce, Federal employee unions and organizations, customers, and local communities, as
appropriate.
Development of an organizational health and organizational performance framework
outlined in this memorandum could also benefit from complementary organizational strategic
planning efforts within major operating units below the agency level. Many major operating
units currently develop strategic plans that complement and support agency-level strategic and
annual performance plans. Agencies are expected to continue to work to support and facilitate
additional major operating units developing such plans and related data-driven routines to
monitor progress and inform those units’ policies and implementation.
Agencies should also assess their executive performance plans. Every executive should
have a performance plan with goals that align to strengthening organizational health and
improving organizational performance, in addition to goals that align with organizational
strategic goals.
OMB will update Circular A-11 Part 6 to integrate organizational health and
organizational performance with other Government-wide management policies and routines.
OMB and OPM will also initiate an interagency community of practice around organizational
health and organizational performance with participation from agency major operating units.
This community of practice will share leading and promising practices across agencies, as well
as provide resources and training around establishing routines and indicators for measuring,
monitoring, and improving organizational health and organizational performance.
B. Building on Existing Indicators and Ongoing Data Collection Efforts
9
Veteran Trust in VA, VA.gov. Available at: https://www.va.gov/initiatives/veteran-trust-in-va/
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Organizational health and organizational performance routines and frameworks should
also build on existing indicators and data collection efforts, while considering the development
of new metrics where needed.
To ensure that feedback from the public is incorporated into organizational health and
organizational performance frameworks, agencies should use the performance measures
provided in OMB Circular A-11 Section 280 which align with the policy direction in E.O.
14058, Transforming Federal Customer Experience and Service Delivery To Rebuild Trust in
Government (December 21, 2021). Agency leadership should focus on those improvements and
service elements that most effectively improve trust for different service types, and reduce
burden on the public, and those programs providing services to the public should measure their
touchpoint/transactional performance. Today, the public is often dissatisfied with government
services when compared against the private sector, which has leveraged technology, process re-
design, self-service, empowered front lines, and other tactics to raise expectations. Data
collection efforts underway by designated High Impact Service Providers offer a starting point
for measurement of the public’s experience interacting with agencies. Further, the Digital
Analytics Program offers a platform for agencies to connect web activity with experience and
performance of digital service delivery. In general, and consistent with the requirements in OMB
Memoranda M-10-22, Guidance for Online Use of Web Measurement and Customization
Technologies (June 25, 2010) and M-17-06, Policies for Federal Agency Public Websites and
Digital Services (Nov. 8, 2016), agencies should use leading practices for applying customer
telemetry in digital service delivery.10
To ensure that feedback from the Federal workforce is also incorporated into agency
frameworks, agencies should use the annual OPM FEVS, which provides key insights on
organizational health and organizational performance. OPM recently developed a Performance
Confidence Index11 that measures “the extent to which employees believe their organization has
an outstanding competitive future, based on innovative, high-quality products and services that
are highly regarded by the marketplace.” The Performance Confidence Index on the OPM FEVS
is a combination of five items assessing employees’ perception of their work unit’s ability to
achieve its goals and produce work at a high level and, ultimately, provides insights into
organizational health and organizational performance. OPM also recently added survey items on
resilience, innovation, and responsiveness to customer needs. The longstanding OPM FEVS
Employee Engagement Index is also correlated with organizational performance and can provide
actionable insights into issues facing major operating units. Note that insights from FEVS should
also be complemented by other sources that show objective measures to mission delivery,
including those in annual performance plans and reports or operating plans. When considering
FEVS results and other data sources, agencies should be mindful in looking at data from various
organizational and demographic breakouts for any insights on diversity, equity, inclusion, and
accessibility indicators. Managers and leaders should analyze how similar operating units
10
See Office of Management and Budget, Circular A-11 Section 280. Available at:
https://www.performance.gov/cx/assets/files/2022-OMB-Circular-A11-Section-280.pdf
11
Federal Employee Viewpoint Survey, Employee Engagement Index. Office of Personnel Management. Available
at: https://www.opm.gov/fevs/reports/data-reports/.
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compare to each other on a range of measures to identify leading practices and areas that need
management attention.
OMB will work with the General Services Administration (GSA) and OPM to conduct a
review across the Federal Government in order to identify key trends as well as organizations
that are positive and negative outliers for agency leadership to incorporate into their management
reviews. The scan will show trends for agency strategic review findings and performance
measures, customer experience measures for High Impact Service Providers, FEVS employee
engagement and performance confidence indices, and the success metrics identified in the
Workforce Priority of the President’s Management Agenda.12
In addition, OPM will collaborate with the Employee Engagement Working Group
established under the Chief Human Capital Officers Council to develop and provide resources,
tools, and leading and promising practices to support agency employee engagement action
planning. The Working Group will also leverage the Employee Engagement Community of
Practice to disseminate those tools and resources and inform agencies about their use.
OPM is enhancing its delivery of data analytics to support agencies in data-driven
decision making informed by key workforce metrics (e.g., retention, attrition, engagement,
recruitment). In collaboration with OMB and other agencies, OPM is developing resources and
tools that will support this decision-making capability. OPM and GSA will also work with
agencies to develop standards for identifying Federal entities that will address a range of use
cases, such as integration of data across HR data systems and data collection efforts for the
FEVS and Enterprise Human Resources Integration (EHRI), which will substantially improve
analytical capabilities across the Federal Government and save significant labor hours.
Though this effort from OPM will support agencies, it is important that agencies also
develop indicators that are relevant to their unique circumstances and mission so that agencies
can develop strategies that are tailored to advance their own organizational health and
organizational performance.
C. Leveraging Existing Learning Agendas and Ongoing Efforts to Generate and Use Evidence
Agencies should also ensure data and indicators follow the requirements of the
Foundations for Evidence-Based Policymaking Act of 2018 (Pub. L. No. 115-434; Evidence
Act) and OMB’s associated implementing guidance, specifically, building and using a range of
evidence to make better program, operational, and other decisions (see Appendix A of OMB
Memoranda M-19-23 and M-21-27).13 As agencies consider how best to measure, monitor, and
12
Ahuja, K., Hicks, K. Su, J. Memorandum for the President’s Management Council, Chief Human Capital Officers,
and Chief Diversity Officers. Nov. 30, 2022. Available at:
https://chcoc.gov/sites/default/files/PMA%20Workforce%20Priority%20Metrics%20Memo_508.pdf.
13
See Office of Management and Budget, Executive Office of the President, OMB M-19-23, Phase 1
Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Learning Agendas, Personnel,
and Planning Guidance (July 10, 2019). Available at: https://www.whitehouse.gov/wp-content/uploads/2019/07/m-
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assess organizational health and organizational performance, they should leverage evidence
generated through the Learning Agendas and Annual Evaluation Plans required by the Evidence
Act.14 Priority questions about organizational health and organizational performance could be
part of the agency’s next iteration of its Learning Agenda or included as updates to the existing
Learning Agenda. Agencies should also plan program evaluations in key organizational health
and organizational performance areas to determine whether, how, and to what extent changes in
work environments and other operational processes and conditions are related to changes in
either or both organizational health and organizational performance, in addition to understanding
the relationship between organizational health and organizational performance.
D. Complementing Existing Requirements to Assess and Improve Service Delivery, Customer
Experience, and Impact on Stakeholders, Including Local Communities
Agencies must consider customer experience a part of mission delivery and should
include indicators of customer experience as they assess organizational health and organizational
performance. As E.O. 14058 states: “The Government's performance must be measured
empirically and by on-the-ground results for the people of the United States, especially for their
experiences with services delivered.” In accordance with the 21st Century Integrated Digital
Experience Act (Pub. L. No. 115-336), all Executive agencies (5 U.S.C. § 105) are required to
establish processes that identify all the services that they maintain. E.O. 14058 and OMB
Circular A-11 Section 280 create a framework and approach for measuring the performance of
services and satisfaction with the experiences of those services, including by employing mixed
methods of service audits and burden estimations, feedback surveys, customer feedback, and
other qualitative research methods such as human centered design research.
Agencies also are reminded that Memorandum M-21-25 instructs that agencies to: (i)
regularly solicit feedback from representatives of local communities as agencies introduce, pilot,
evaluate, and scale changes in their work environment, (ii) assess “impacts of an increasingly
hybrid workforce on local community services and commuting infrastructure and consistency of
demand for Federal facilities throughout the work week,” (iii) account for the impact on local
communities and economies as a factor when making decisions about agency work environments
and workspaces, including telework postures, and (iv) consider possibilities for agencies to bring
recruitment and employment opportunities to communities across the Nation through Federal
positions now eligible for remote work. In addition, OMB Memorandum M-22-14 guides
agencies to consider impacts on local communities as a factor in addition to the agency’s
19-23.pdf; and Office of Management and Budget, Executive Office of the President, OMB M-21-27, Evidence-
Based Policymaking: Learning Agendas and Annual Evaluation Plans (June 30, 2021). Available at:
https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-27.pdf.
14
As described OMB Memorandum M-19-23, “Learning agendas offer the opportunity to use data in service of
addressing the key questions an agency wants to answer to improve its operational and programmatic outcomes and
develop appropriate policies and regulations to support successful mission accomplishment. They identify,
prioritize, and establish strategies to develop evidence to answer important short- and long-term strategic questions
(i.e., questions about how the agency meets its mission(s), including about how programs, policies, and regulations
function both individually and in combination) and operational questions (i.e., questions about the agency's
operations like human resources, grant-making procedures, financial systems and tracking, and internal processes).”
Available at: https://www.whitehouse.gov/wp-content/uploads/2019/07/m-19-23.pdf.
9
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mission, customer needs, and the current and future workforce, when determining future physical
space requirements. Various example community indicators are also found at Appendix I,
Section III of this memorandum.
III. Strategies for Measuring, Monitoring, and Improving Organizational Health and
Organizational Performance
Each agency’s organizational health and organizational performance approach(es) should
include the following three strategies, addressing where feasible the related actions supporting
each strategy as listed below:
A. Reviewing and Selecting Organizational Health and Organizational Performance Indicators
• Agencies should consider a wide range of indicators that relate to various factors of
organizational health (e.g., employee engagement, employee satisfaction, labor-
management relations transparency, trust in leadership, innovativeness, autonomy,
cohesiveness, and morale). See also Appendix 1, Section II of this memorandum.
• Agencies should consider a wide range of indicators that relate to various factors of
organizational performance (e.g., outcomes, outputs, productivity, efficiency, recruiting
and retention, customer experience including wait times and post-transaction trust, and
workforce performance management). The selection of organizational performance
indicators should be informed by agency strategic and annual performance plans and
priority goals. See also Appendix I, Section II of this memorandum.
• Agencies should consider, in particular, indicators that when analyzed can help identify
how changes in work environments affect organizational health, organizational
performance, and mission delivery, such as adverse or beneficial impacts of telework and
other personnel and workplace policies and practices, e.g., work schedule design,
workspace design, or assistive and supportive technologies.
• Indicators should also reflect a balance in use (internal versus public facing) and type
(outcome, output, input, and efficiency), as appropriate.
• Indicator development should be informed by meaningful engagement with key
counterparts in other agency operating units and other agencies, as well as stakeholders
including customers, employees, unions, local community representatives, and program
delivery partners, as appropriate.
• See Appendix I for categories and examples of measures agencies could consider.15
B. Establishing Routines to Monitor Progress and Assess Issues Related to Organizational
Health and Organizational Performance
• Mechanisms and routines should be established for collecting, tracking, and analyzing
quantitative and qualitative data and receiving regular feedback and assessments.
15
For additional considerations on developing frameworks to measure organizational heath and organizational
performance, please see the white paper: “Strengthening Organizational Health and Performance in Government,”
National Academy of Public Administration. January 2018. Available at: https://napawash.org/academy-
studies/strengthening-organizational-health-and-performance-in-government.
Preview
FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 EXHIBIT R FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 EXHIBIT A FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 EXHIBIT B FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 January 30, 2023 (House Rules) STATEMENT OF ADMINISTRATION POLICY H.R. 382 – A bill to terminate the public health emergency declared with respect to COVID-19 (Rep. Guthrie, R-KY, and 19 cosponsors) H.J. Res. 7 – A joint resolution relating to a national emergency declared by the President on March 13, 2020 (Rep. Gosar, R-AZ, and 51 cosponsors) The COVID-19 national emergency and public health emergency (PHE) were declared by the Trump Administration in 2020. They are currently set to expire on March 1 and April 11, respectively. At present, the Administration’s plan is to extend the emergency declarations to May 11, and then end both emergencies on that date. This wind-down would align with the Administration’s previous commitments to give at least 60 days’ notice prior to termination of the PHE. To be clear, continuation of these emergency declarations until May 11 does not impose any restriction at all on individual conduct with regard to COVID-19. They do not impose mask mandates or vaccine mandates. They do not restrict school or business operations. They do not require the use of any medicines or tests in response to cases of COVID-19. However, ending these emergency declarations in the manner contemplated by H.R. 382 and H.J. Res. 7 would have two highly significant impacts on our nation’s health system and government operations. First, an abrupt end to the emergency declarations would create wide-ranging chaos and uncertainty throughout the health care system — for states, for hospitals and doctors’ offices, and, most importantly, for tens of millions of Americans. During the PHE, the Medicaid program has operated under special rules to provide extra funding to states to ensure that tens of millions of vulnerable Americans kept their Medicaid coverage during a global pandemic. In December, Congress enacted an orderly wind-down of these rules to ensure that patients did not lose access to care unpredictably and that state budgets don’t face a radical cliff. If the PHE were suddenly terminated, it would sow confusion and chaos into this critical wind-down. Due to this uncertainty, tens of millions of Americans could be at risk of abruptly losing their health insurance, and states could be at risk of losing billions of dollars in funding. Additionally, hospitals and nursing homes that have relied on flexibilities enabled by the emergency FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 declarations will be plunged into chaos without adequate time to retrain staff and establish new billing processes, likely leading to disruptions in care and payment delays, and many facilities around the country will experience revenue losses. Finally, millions of patients, including many of our nation’s veterans, who rely on telehealth would suddenly be unable to access critical clinical services and medications. The most acutely impacted would be individuals with behavioral health needs and rural patients. Second, the end of the public health emergency will end the Title 42 policy at the border. While the Administration has attempted to terminate the Title 42 policy and continues to support an orderly lifting of those restrictions, Title 42 remains in place because of orders issued by the Supreme Court and a district court in Louisiana. Enactment of H.R. 382 would lift Title 42 immediately, and result in a substantial additional inflow of migrants at the Southwest border. The number of migrants crossing the border has been cut in half, approximately, since the Administration put in place a plan in early January to deter irregular migration from Venezuela, Cuba, Nicaragua, and Haiti. The Administration supports an orderly, predictable wind-down of Title 42, with sufficient time to put alternative policies in place. But if H.R. 382 becomes law and the Title 42 restrictions end precipitously, Congress will effectively be requiring the Administration to allow thousands of migrants per day into the country immediately without the necessary policies in place. The Administration strongly opposes enactment of H.R. 382 and H.J. Res. 7, which would be a grave disservice to the American people. ******* FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 EXHIBIT C FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 THE DIRECTOR April 13, 2023 M-23-15 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: Shalanda D. Young SUBJECT: Measuring, Monitoring, and Improving Organizational Health and Organizational Performance in the Context of Evolving Agency Work Environments This memorandum outlines steps executive departments and agencies (agencies) will take to ensure that agency decisions regarding work environments continue to improve organizational health and organizational performance. Agencies’ organizational health and organizational performance frameworks and approaches must support delivery of the agency’s statutory missions. One year after agencies completed reentry, and with the planned conclusion of the public health emergency, it is the right time for agencies to assess their work environments, reflecting on what they have learned as they build routines for measuring and monitoring organizational health and organizational performance. This spring, agencies will develop updated Work Environment Plans that describe current operational policies that are critical to improving organizational health and organizational performance. Those plans should also describe future changes to those policies aimed at improving an agency’s mission delivery. It is the expectation that as a part of these assessments agencies will continue to substantially increase meaningful in-person work at Federal offices, particularly at headquarters and equivalents, while still using flexible operational policies as an important tool in talent recruitment and retention. Agencies’ routine assessment of organizational health and organizational performance (defined further below) will ensure ongoing optimization of agency work environments, among other priorities. This memorandum directs agencies to: 1) Update Work Environment plans (based on post-reentry plans), describing their current policies for telework and related operational policies (e.g., work schedule design or use of supportive technologies for collaboration), and anticipated future changes; 2) Establish routines to assess and optimize such changes, monitoring progress and diagnosing issues related to organizational health and organizational performance on an ongoing basis; and, 1 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 3) Identify a set of indicators, which may be adjusted over time, that each agency- identified major operating unit1 will use for measuring, monitoring, and improving organizational health and organizational performance. These include indicators that support agency assessment of and decision-making related to current and future work environments. Federal employees and agencies have continuously embraced innovative ways of working to deliver on agency missions. The most recent Office of Personnel Management (OPM) Federal Employee Viewpoint Survey (FEVS) found that 78 percent of employees believed that their organizations were successful at accomplishing their missions. Consistent with the values included in the President’s Management Agenda (PMA), leaders, managers, and supervisors across the Federal Government will be held to the highest standards of accountability for understanding how their operational units are performing and adjusting workforce policies to maximize organizational performance and organizational health. Leaders, managers, and supervisors must continue taking steps to improve their collection and use of data to improve operations, including disaggregating based on location and other factors. When risks or indications of underperformance are identified, timely actions (e.g., actions related to personnel, funding or technology) must be taken to ensure organizations are meeting their performance objectives and customer expectations. Consistent with Memorandum M-21-25, Integrating Planning for A Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and Work Environment (June 10, 2021),2 agencies’ decisions about their work environments should be based on how they can most effectively achieve their missions while strengthening their organizations for the future. Additionally, agencies must ensure that all services, including public facing services, continue to meet and exceed customer expectations and needs. Agencies should prioritize improving experiences and services that directly impact the public (e.g., prolonged wait times or delays in processing federal services). To implement this memorandum, agency Deputy Secretaries or equivalents are accountable for ensuring that senior Federal Government leaders and managers monitor and assess the organizational health and organizational performance of the individual major operating units within an agency in order to strengthen mission delivery. This action includes developing routines for engaging managers and staff within each such operating unit to pursue improved performance in concert with increased organizational health. These routines should be consistent with overall agency mission and strategy and informed by a variety of indicators of organizational health and organizational performance, which can assist agencies in monitoring the effect of changes to workforce and operational policies and practices. 1 For the purposes of this memorandum, defining major operating units should be done by agencies as a reflection of their distinctive missions and unique histories and organizational structures. For instance, an agency, bureau, or component office may be considered a major operating unit. As a point of reference, agencies already report their work units to the Office of Personnel Management (OPM), based on OPM’s guidance, for purposes of administering the Federal Employee Viewpoint Survey and other human capital reporting. 2 Available at: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf. 2 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 As part of establishing these routines, agencies will prepare updated Work Environment plans (based on post-reentry plans developed in response to Memorandum M-21-25), reflecting lessons learned on mission delivery and work environment. Those Work Environment plans should be informed by agencies’ assessment of their organizational health and organizational performance, in keeping with the routines and indicators outlined in this memorandum. In coordination with the President’s Management Council Work Environment Working Group3, agencies will submit Work Environment plans to the Office of Management and Budget (OMB) describing their current policies for telework and related operational policies, and detailing anticipated future changes, including implementation timelines. Agency workforces are generally expected to increase meaningful in-person work—that is in-person work that is purposeful, well-planned, and optimized for in-person collaboration – while still using flexible operational policies as an important tool in talent recruitment and retention. Planning should recognize that some operating units have improved performance while using workplace flexibilities, while also optimizing in-person work and strong, sustainable organization health and culture. Emphasis on planning should be placed on agency headquarters and equivalents and customer-facing units and personnel, including in High Impact Service Providers, following instructions detailed below. Updated agency plans and implementation timelines (to include satisfaction of collective bargaining obligations and notice to employees) should continue to be guided by principles set forth in Memorandum M-21-25. As agencies consider their work environments within their major operating units, assessments of organizational health and organizational performance can help identify beneficial or adverse impacts of telework and other operational policies on the agency’s performance of its mission. These may include impacts to customer experience and service, security, cost to operations, management of real property, investments in network capacity or communications infrastructure, and the agency’s ability to recruit and retain top talent. Such assessments can also be used to assess technology capabilities, with an eye towards improving efficiency and reducing time spent on processes that rely on outdated technology.4 If agency Deputy Secretaries or equivalents find that operational policies are adversely impacting their organizational health and organizational performance (defined further below), they should rapidly make adjustments to immediately address areas of underperformance. Agencies are also reminded that Memorandum M-21-25, which directs agencies to rely on evidence when making decisions about agency work environments, including by: (1) seeking and considering data and information regarding the impact of personnel policies and procedures on employee engagement, mission delivery, and outcomes; (2) establishing frequent feedback mechanisms, such as pulse surveys; and (3) leveraging evaluation and decision-making processes that support regular, data-driven updates to policies and procedures as the needs of the people agencies serve and of the Federal workforce continue to evolve. 3 Previously the President’s Management Council Working Group on Reentry and the Future of Work. 4 The Federal Robotic Process Automation (RPA) Community of Practice serves as a complementary community that helps agencies across the Federal Government overcome the technical, management, and operational challenges that arise in designing and deploying an effective RPA program. The community includes 1,400+ members from over 100 departments and agencies. 3 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 In addition, OMB Memorandum M-22-14, FY 2024 Agency-wide Capital Planning to Support the Future of Work (July 22, 2022),5 guides agencies to rely on evidence when making their office space and capital planning decisions, including by collecting and using data and information regarding the effects of personnel policies and procedures on mission delivery, employee engagement, and workspace utilization. Memorandum M-22-14 also set forth that when determining future physical space requirements, agencies should consider the agency’s mission and customer needs, the current and future workforce, and impacts on local communities. In implementing this memorandum, agencies should engage and strengthen any existing agency practices, routines, and functions related to the measurement and monitoring of organizational health and organizational performance. Agencies also are encouraged to consider new ways to measure and monitor organizational health and organizational performance, including to assess impacts of varied and changing agency work environments. I. Definitions This memorandum introduces the following terms and defines them as follows. • Organizational Health is an organization’s ability to drive performance results collectively in support of its mission, deliver programs and services, and meet stakeholder needs and priorities on an ongoing basis. An organization’s health may include considerations such as resilience, capability, and capacity. • Organizational Performance is an organization’s effectiveness in delivering mission- aligned results. Effectiveness and results can be measured by a range of indicators and evidence, both internal and external to the organization. • Work Environment is the combination of: personnel policies; talent and workforce performance management strategies; workforce capacity, workloads, and work schedules; design of workspaces and workplaces; supportive and assistive technology tools for individual and collaborative work; and integration of diversity, equity, inclusion, and accessibility principles across management practices and processes. Among other factors (e.g., resource allocation, workforce availability, and policy or statutory constraints), work environments can impact organizational health and, in turn, organizational performance. • Organizational Health and Organizational Performance Framework is a set of validated indicators that can be routinely measured, tracked, and assessed, with which an organization’s senior leadership, managers, front-line supervisors, workforce, and stakeholders can monitor the organization’s effectiveness and ability (including resilience, capability, and capacity) to perform and adapt. An effective organizational health and organizational performance framework can inform agency decisions regarding a variety of factors, including empowering agency leaders and managers to make, monitor, and assess changes in the organization’s work environment. 5 Office of Management and Budget, Executive Office of the President, OMB M-22-14, FY 2024 Agency-wide Capital Planning to Support the Future of Work. Available at: https://www.whitehouse.gov/wp- content/uploads/2022/07/M-22-14.pdf. 4 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 II. Building on Existing Government-Wide and Agency-Specific Initiatives, Processes, and Routines Agencies’ organizational health and organizational performance frameworks and approaches must support delivery of the agency’s statutory missions. This concept is supported by academic, nonprofit, and private-sector literature.6 Such frameworks (defined above) also should align to and integrate with agency-level and component-level strategic plans, agency priority goals, human capital operating plans, learning agendas, capital plans, other strategic plans and routines for assessing them. Agencies should consider updates to their publicly available strategic plans, FY 2025 agency performance plans, CX Action Plans, HISP Designated Services and associated performance indicators, and agency learning agendas, as appropriate, to align them with actions taken in response to this memorandum. Agencies should also consider how best to share data and information regarding the agency’s organizational health and organizational performance publicly where feasible and legally permissible. As the agency’s Chief Operating Officer, an agency’s Deputy Secretary or equivalent is accountable (supported by the agency Performance Improvement Officer) for ensuring that the requisite agency leaders and staff are engaged in comprehensive, data-driven processes that regularly review organizational performance and that results of such reviews are used to inform agency decisions about future agency work environments. A. Integrating Agency Organizational Health and Organizational Performance Frameworks with Existing Strategic-Planning, Performance-Management, and Risk-Management Processes While the Federal Performance Framework,7 guided by the Government Performance and Results Act (GPRA) Modernization Act,8 establishes routines of organizational goal setting, progress review, and reporting policies for agencies, it does not necessarily establish mechanisms and routines to develop and monitor an organization’s capacity to perform or resiliency to respond to evolving missions, priorities, and external factors, including within dynamic working environments. Moreover, the Federal Performance Framework only requires these routines at the agency level as the primary organizational unit of analysis. Agencies’ approaches to implementing this memorandum should therefore align to and integrate with existing agency-level and component-level strategic-planning, performance- management, and risk-management processes, including the agency’s annual strategic review, human capital planning, FEVS action planning, and enterprise risk management efforts. For 6 For example, “Strengthening Organizational Health and Performance in Government,” National Academy of Public Administration. January 2018. Available at: https://napawash.org/academy-studies/strengthening- organizational-health-and-performance-in-government. 7 Overview of the Federal Performance Framework, Performance.gov. Available at: https://www.performance.gov/about/performance-framework/. 8 GPRA Modernization Act of 2010, 5 U.S. Code § 306. 5 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 instance, many agencies’ Deputy Secretaries lead quarterly data-driven management reviews, along with processes aligned with an annual strategic review of organizational performance, reviews that advance enterprise risk management, or other established processes that can help review the organization’s health or performance. Many agencies also require action plans based on FEVS results throughout their organizations or may even have an existing organizational performance or organizational health framework in place that meets some or all of the expectations described in this memorandum. For example, the Department of Veterans Affairs continually tracks and reports on Veteran Trust in VA, making significant gains since they began measurement in 2015.9 In sum, research has shown that agencies have developed significant capabilities over the past decade to examine their performance at all levels and should leverage those to achieve the objectives of this memorandum wherever possible, rather than creating new systems or requirements. Within agencies, major operating units may develop a consistent approach to—or framework for—organizational health and organizational performance; however, organizational leaders in major operating units should have the autonomy and flexibility to select the organizational health and organizational performance indicators and routines for monitoring in alignment with their specific missions, services, stakeholders, contexts, cultures, workforce considerations, etc. These efforts should be closely coordinated with agency headquarters but also informed by engagement with internal and external stakeholders, including the agency’s workforce, Federal employee unions and organizations, customers, and local communities, as appropriate. Development of an organizational health and organizational performance framework outlined in this memorandum could also benefit from complementary organizational strategic planning efforts within major operating units below the agency level. Many major operating units currently develop strategic plans that complement and support agency-level strategic and annual performance plans. Agencies are expected to continue to work to support and facilitate additional major operating units developing such plans and related data-driven routines to monitor progress and inform those units’ policies and implementation. Agencies should also assess their executive performance plans. Every executive should have a performance plan with goals that align to strengthening organizational health and improving organizational performance, in addition to goals that align with organizational strategic goals. OMB will update Circular A-11 Part 6 to integrate organizational health and organizational performance with other Government-wide management policies and routines. OMB and OPM will also initiate an interagency community of practice around organizational health and organizational performance with participation from agency major operating units. This community of practice will share leading and promising practices across agencies, as well as provide resources and training around establishing routines and indicators for measuring, monitoring, and improving organizational health and organizational performance. B. Building on Existing Indicators and Ongoing Data Collection Efforts 9 Veteran Trust in VA, VA.gov. Available at: https://www.va.gov/initiatives/veteran-trust-in-va/ 6 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 Organizational health and organizational performance routines and frameworks should also build on existing indicators and data collection efforts, while considering the development of new metrics where needed. To ensure that feedback from the public is incorporated into organizational health and organizational performance frameworks, agencies should use the performance measures provided in OMB Circular A-11 Section 280 which align with the policy direction in E.O. 14058, Transforming Federal Customer Experience and Service Delivery To Rebuild Trust in Government (December 21, 2021). Agency leadership should focus on those improvements and service elements that most effectively improve trust for different service types, and reduce burden on the public, and those programs providing services to the public should measure their touchpoint/transactional performance. Today, the public is often dissatisfied with government services when compared against the private sector, which has leveraged technology, process re- design, self-service, empowered front lines, and other tactics to raise expectations. Data collection efforts underway by designated High Impact Service Providers offer a starting point for measurement of the public’s experience interacting with agencies. Further, the Digital Analytics Program offers a platform for agencies to connect web activity with experience and performance of digital service delivery. In general, and consistent with the requirements in OMB Memoranda M-10-22, Guidance for Online Use of Web Measurement and Customization Technologies (June 25, 2010) and M-17-06, Policies for Federal Agency Public Websites and Digital Services (Nov. 8, 2016), agencies should use leading practices for applying customer telemetry in digital service delivery.10 To ensure that feedback from the Federal workforce is also incorporated into agency frameworks, agencies should use the annual OPM FEVS, which provides key insights on organizational health and organizational performance. OPM recently developed a Performance Confidence Index11 that measures “the extent to which employees believe their organization has an outstanding competitive future, based on innovative, high-quality products and services that are highly regarded by the marketplace.” The Performance Confidence Index on the OPM FEVS is a combination of five items assessing employees’ perception of their work unit’s ability to achieve its goals and produce work at a high level and, ultimately, provides insights into organizational health and organizational performance. OPM also recently added survey items on resilience, innovation, and responsiveness to customer needs. The longstanding OPM FEVS Employee Engagement Index is also correlated with organizational performance and can provide actionable insights into issues facing major operating units. Note that insights from FEVS should also be complemented by other sources that show objective measures to mission delivery, including those in annual performance plans and reports or operating plans. When considering FEVS results and other data sources, agencies should be mindful in looking at data from various organizational and demographic breakouts for any insights on diversity, equity, inclusion, and accessibility indicators. Managers and leaders should analyze how similar operating units 10 See Office of Management and Budget, Circular A-11 Section 280. Available at: https://www.performance.gov/cx/assets/files/2022-OMB-Circular-A11-Section-280.pdf 11 Federal Employee Viewpoint Survey, Employee Engagement Index. Office of Personnel Management. Available at: https://www.opm.gov/fevs/reports/data-reports/. 7 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 compare to each other on a range of measures to identify leading practices and areas that need management attention. OMB will work with the General Services Administration (GSA) and OPM to conduct a review across the Federal Government in order to identify key trends as well as organizations that are positive and negative outliers for agency leadership to incorporate into their management reviews. The scan will show trends for agency strategic review findings and performance measures, customer experience measures for High Impact Service Providers, FEVS employee engagement and performance confidence indices, and the success metrics identified in the Workforce Priority of the President’s Management Agenda.12 In addition, OPM will collaborate with the Employee Engagement Working Group established under the Chief Human Capital Officers Council to develop and provide resources, tools, and leading and promising practices to support agency employee engagement action planning. The Working Group will also leverage the Employee Engagement Community of Practice to disseminate those tools and resources and inform agencies about their use. OPM is enhancing its delivery of data analytics to support agencies in data-driven decision making informed by key workforce metrics (e.g., retention, attrition, engagement, recruitment). In collaboration with OMB and other agencies, OPM is developing resources and tools that will support this decision-making capability. OPM and GSA will also work with agencies to develop standards for identifying Federal entities that will address a range of use cases, such as integration of data across HR data systems and data collection efforts for the FEVS and Enterprise Human Resources Integration (EHRI), which will substantially improve analytical capabilities across the Federal Government and save significant labor hours. Though this effort from OPM will support agencies, it is important that agencies also develop indicators that are relevant to their unique circumstances and mission so that agencies can develop strategies that are tailored to advance their own organizational health and organizational performance. C. Leveraging Existing Learning Agendas and Ongoing Efforts to Generate and Use Evidence Agencies should also ensure data and indicators follow the requirements of the Foundations for Evidence-Based Policymaking Act of 2018 (Pub. L. No. 115-434; Evidence Act) and OMB’s associated implementing guidance, specifically, building and using a range of evidence to make better program, operational, and other decisions (see Appendix A of OMB Memoranda M-19-23 and M-21-27).13 As agencies consider how best to measure, monitor, and 12 Ahuja, K., Hicks, K. Su, J. Memorandum for the President’s Management Council, Chief Human Capital Officers, and Chief Diversity Officers. Nov. 30, 2022. Available at: https://chcoc.gov/sites/default/files/PMA%20Workforce%20Priority%20Metrics%20Memo_508.pdf. 13 See Office of Management and Budget, Executive Office of the President, OMB M-19-23, Phase 1 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Learning Agendas, Personnel, and Planning Guidance (July 10, 2019). Available at: https://www.whitehouse.gov/wp-content/uploads/2019/07/m- 8 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 assess organizational health and organizational performance, they should leverage evidence generated through the Learning Agendas and Annual Evaluation Plans required by the Evidence Act.14 Priority questions about organizational health and organizational performance could be part of the agency’s next iteration of its Learning Agenda or included as updates to the existing Learning Agenda. Agencies should also plan program evaluations in key organizational health and organizational performance areas to determine whether, how, and to what extent changes in work environments and other operational processes and conditions are related to changes in either or both organizational health and organizational performance, in addition to understanding the relationship between organizational health and organizational performance. D. Complementing Existing Requirements to Assess and Improve Service Delivery, Customer Experience, and Impact on Stakeholders, Including Local Communities Agencies must consider customer experience a part of mission delivery and should include indicators of customer experience as they assess organizational health and organizational performance. As E.O. 14058 states: “The Government's performance must be measured empirically and by on-the-ground results for the people of the United States, especially for their experiences with services delivered.” In accordance with the 21st Century Integrated Digital Experience Act (Pub. L. No. 115-336), all Executive agencies (5 U.S.C. § 105) are required to establish processes that identify all the services that they maintain. E.O. 14058 and OMB Circular A-11 Section 280 create a framework and approach for measuring the performance of services and satisfaction with the experiences of those services, including by employing mixed methods of service audits and burden estimations, feedback surveys, customer feedback, and other qualitative research methods such as human centered design research. Agencies also are reminded that Memorandum M-21-25 instructs that agencies to: (i) regularly solicit feedback from representatives of local communities as agencies introduce, pilot, evaluate, and scale changes in their work environment, (ii) assess “impacts of an increasingly hybrid workforce on local community services and commuting infrastructure and consistency of demand for Federal facilities throughout the work week,” (iii) account for the impact on local communities and economies as a factor when making decisions about agency work environments and workspaces, including telework postures, and (iv) consider possibilities for agencies to bring recruitment and employment opportunities to communities across the Nation through Federal positions now eligible for remote work. In addition, OMB Memorandum M-22-14 guides agencies to consider impacts on local communities as a factor in addition to the agency’s 19-23.pdf; and Office of Management and Budget, Executive Office of the President, OMB M-21-27, Evidence- Based Policymaking: Learning Agendas and Annual Evaluation Plans (June 30, 2021). Available at: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-27.pdf. 14 As described OMB Memorandum M-19-23, “Learning agendas offer the opportunity to use data in service of addressing the key questions an agency wants to answer to improve its operational and programmatic outcomes and develop appropriate policies and regulations to support successful mission accomplishment. They identify, prioritize, and establish strategies to develop evidence to answer important short- and long-term strategic questions (i.e., questions about how the agency meets its mission(s), including about how programs, policies, and regulations function both individually and in combination) and operational questions (i.e., questions about the agency's operations like human resources, grant-making procedures, financial systems and tracking, and internal processes).” Available at: https://www.whitehouse.gov/wp-content/uploads/2019/07/m-19-23.pdf. 9 FILED: ALBANY COUNTY CLERK 10/07/2023 09:26 PM INDEX NO. 909584-23 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2023 mission, customer needs, and the current and future workforce, when determining future physical space requirements. Various example community indicators are also found at Appendix I, Section III of this memorandum. III. Strategies for Measuring, Monitoring, and Improving Organizational Health and Organizational Performance Each agency’s organizational health and organizational performance approach(es) should include the following three strategies, addressing where feasible the related actions supporting each strategy as listed below: A. Reviewing and Selecting Organizational Health and Organizational Performance Indicators • Agencies should consider a wide range of indicators that relate to various factors of organizational health (e.g., employee engagement, employee satisfaction, labor- management relations transparency, trust in leadership, innovativeness, autonomy, cohesiveness, and morale). See also Appendix 1, Section II of this memorandum. • Agencies should consider a wide range of indicators that relate to various factors of organizational performance (e.g., outcomes, outputs, productivity, efficiency, recruiting and retention, customer experience including wait times and post-transaction trust, and workforce performance management). The selection of organizational performance indicators should be informed by agency strategic and annual performance plans and priority goals. See also Appendix I, Section II of this memorandum. • Agencies should consider, in particular, indicators that when analyzed can help identify how changes in work environments affect organizational health, organizational performance, and mission delivery, such as adverse or beneficial impacts of telework and other personnel and workplace policies and practices, e.g., work schedule design, workspace design, or assistive and supportive technologies. • Indicators should also reflect a balance in use (internal versus public facing) and type (outcome, output, input, and efficiency), as appropriate. • Indicator development should be informed by meaningful engagement with key counterparts in other agency operating units and other agencies, as well as stakeholders including customers, employees, unions, local community representatives, and program delivery partners, as appropriate. • See Appendix I for categories and examples of measures agencies could consider.15 B. Establishing Routines to Monitor Progress and Assess Issues Related to Organizational Health and Organizational Performance • Mechanisms and routines should be established for collecting, tracking, and analyzing quantitative and qualitative data and receiving regular feedback and assessments. 15 For additional considerations on developing frameworks to measure organizational heath and organizational performance, please see the white paper: “Strengthening Organizational Health and Performance in Government,” National Academy of Public Administration. January 2018. Available at: https://napawash.org/academy- studies/strengthening-organizational-health-and-performance-in-government.