111th CONGRESS
2d Session
H.R. 2142
In the Senate of the United
States,
December 16, 2010.
Amendment:
That the bill from the House of Representatives
(H.R. 2142) entitled An Act to require quarterly performance assessments
of Government programs for purposes of assessing agency performance and
improvement, and to establish agency performance improvement officers and the
Performance Improvement Council.
, do pass with the following
Strike out all
after the enacting clause and
insert:
1.Short title; table of
contents
(a)This Act may be cited
as the GPRA Modernization Act of
2010
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Strategic planning
amendments.
Sec. 3. Performance planning
amendments.
Sec. 4. Performance reporting
amendments.
Sec. 5. Federal Government and
agency priority goals.
Sec. 6. Quarterly priority
progress reviews and use of performance information.
Sec. 7. Transparency of Federal
Government programs, priority goals, and results.
Sec. 8. Agency Chief Operating
Officers.
Sec. 9. Agency Performance
Improvement Officers and the Performance Improvement Council.
Sec. 10. Format of performance
plans and reports.
Sec. 11. Reducing duplicative
and outdated agency reporting.
Sec. 12. Performance management
skills and competencies.
Sec. 13. Technical and
conforming amendments.
Sec. 14. Implementation of this
Act.
Sec. 15. Congressional
oversight and legislation.
2.Strategic planning
amendmentsChapter 3 of title
5, United States Code, is amended by striking section 306 and inserting the
following:
306.
(a)Not later than the first Monday in February
of any year following the year in which the term of the President commences
under section 101 of title 3, the head of each agency shall make available on
the public website of the agency a strategic plan and notify the President and
Congress of its availability. Such plan shall contain—
(1)a comprehensive mission
statement covering the major functions and operations of the agency;
(2)general goals and
objectives, including outcome-oriented goals, for the major functions and
operations of the agency;
(3)a description of how any
goals and objectives contribute to the Federal Government priority goals
required by section 1120(a) of title 31;
(4)a description of how the
goals and objectives are to be achieved, including—
(A)a description of the
operational processes, skills and technology, and the human, capital,
information, and other resources required to achieve those goals and
objectives; and
(B)a description of how the
agency is working with other agencies to achieve its goals and objectives as
well as relevant Federal Government priority goals;
(5)a description of how the
goals and objectives incorporate views and suggestions obtained through
congressional consultations required under subsection (d);
(6)a description of how the
performance goals provided in the plan required by section 1115(a) of title 31,
including the agency priority goals required by section 1120(b) of title 31, if
applicable, contribute to the general goals and objectives in the strategic
plan;
(7)an identification of
those key factors external to the agency and beyond its control that could
significantly affect the achievement of the general goals and objectives;
and
(8)a description of the
program evaluations used in establishing or revising general goals and
objectives, with a schedule for future program evaluations to be
conducted.
(b)The strategic plan shall
cover a period of not less than 4 years following the fiscal year in which the
plan is submitted. As needed, the head of the agency may make adjustments to
the strategic plan to reflect significant changes in the environment in which
the agency is operating, with appropriate notification of Congress.
(c)The performance plan
required by section 1115(b) of title 31 shall be consistent with the agency’s
strategic plan. A performance plan may not be submitted for a fiscal year not
covered by a current strategic plan under this section.
(d)When developing or making
adjustments to a strategic plan, the agency shall consult periodically with the
Congress, including majority and minority views from the appropriate
authorizing, appropriations, and oversight committees, and shall solicit and
consider the views and suggestions of those entities potentially affected by or
interested in such a plan. The agency shall consult with the appropriate
committees of Congress at least once every 2 years.
(e)The functions and
activities of this section shall be considered to be inherently governmental
functions. The drafting of strategic plans under this section shall be
performed only by Federal employees.
(f)For purposes of this
section the term agency means an Executive agency defined under
section 105, but does not include the Central Intelligence Agency, the
Government Accountability Office, the United States Postal Service, and the
Postal Regulatory
Commission.
.
3.Performance planning
amendmentsChapter 11 of title
31, United States Code, is amended by striking section 1115 and inserting the
following:
1115.Federal Government
and agency performance plans
(a)Federal Government
performance plansIn carrying out the provisions of section
1105(a)(28), the Director of the Office of Management and Budget shall
coordinate with agencies to develop the Federal Government performance plan. In
addition to the submission of such plan with each budget of the United States
Government, the Director of the Office of Management and Budget shall ensure
that all information required by this subsection is concurrently made available
on the website provided under section 1122 and updated periodically, but no
less than annually. The Federal Government performance plan shall—
(1)establish Federal
Government performance goals to define the level of performance to be achieved
during the year in which the plan is submitted and the next fiscal year for
each of the Federal Government priority goals required under section 1120(a) of
this title;
(2)identify the agencies,
organizations, program activities, regulations, tax expenditures, policies, and
other activities contributing to each Federal Government performance goal
during the current fiscal year;
(3)for each Federal
Government performance goal, identify a lead Government official who shall be
responsible for coordinating the efforts to achieve the goal;
(4)establish common Federal
Government performance indicators with quarterly targets to be used in
measuring or assessing—
(A)overall progress toward
each Federal Government performance goal; and
(B)the individual
contribution of each agency, organization, program activity, regulation, tax
expenditure, policy, and other activity identified under paragraph (2);
(5)establish clearly defined
quarterly milestones; and
(6)identify major management
challenges that are Governmentwide or crosscutting in nature and describe plans
to address such challenges, including relevant performance goals, performance
indicators, and milestones.
(b)Not later than the first Monday in February of each year,
the head of each agency shall make available on a public website of the agency,
and notify the President and the Congress of its availability, a performance
plan covering each program activity set forth in the budget of such agency.
Such plan shall—
(1)establish performance
goals to define the level of performance to be achieved during the year in
which the plan is submitted and the next fiscal year;
(2)express such goals in an
objective, quantifiable, and measurable form unless authorized to be in an
alternative form under subsection (c);
(3)describe how the
performance goals contribute to—
(A)the general goals and
objectives established in the agency’s strategic plan required by section
306(a)(2) of title 5; and
(B)any of the Federal
Government performance goals established in the Federal Government performance
plan required by subsection (a)(1);
(4)identify among the
performance goals those which are designated as agency priority goals as
required by section 1120(b) of this title, if applicable;
(5)provide a description of
how the performance goals are to be achieved, including—
(A)the operation processes,
training, skills and technology, and the human, capital, information, and other
resources and strategies required to meet those performance goals;
(B)clearly defined
milestones;
(C)an identification of the
organizations, program activities, regulations, policies, and other activities
that contribute to each performance goal, both within and external to the
agency;
(D)a description of how the
agency is working with other agencies to achieve its performance goals as well
as relevant Federal Government performance goals; and
(E)an identification of the
agency officials responsible for the achievement of each performance goal, who
shall be known as goal leaders;
(6)establish a balanced set
of performance indicators to be used in measuring or assessing progress toward
each performance goal, including, as appropriate, customer service, efficiency,
output, and outcome indicators;
(7)provide a basis for
comparing actual program results with the established performance goals;
(8)a description of how the
agency will ensure the accuracy and reliability of the data used to measure
progress towards its performance goals, including an identification of—
(A)the means to be used to
verify and validate measured values;
(B)the sources for the
data;
(C)the level of accuracy
required for the intended use of the data;
(D)any limitations to the
data at the required level of accuracy; and
(E)how the agency will
compensate for such limitations if needed to reach the required level of
accuracy;
(9)describe major management
challenges the agency faces and identify—
(A)planned actions to
address such challenges;
(B)performance goals,
performance indicators, and milestones to measure progress toward resolving
such challenges; and
(C)the agency official
responsible for resolving such challenges; and
(10)identify low-priority
program activities based on an analysis of their contribution to the mission
and goals of the agency and include an evidence-based justification for
designating a program activity as low priority.
(c)If an agency, in consultation with the Director of the
Office of Management and Budget, determines that it is not feasible to express
the performance goals for a particular program activity in an objective,
quantifiable, and measurable form, the Director of the Office of Management and
Budget may authorize an alternative form. Such alternative form shall—
(1)include separate
descriptive statements of—
(A)(i)a minimally effective
program; and
(ii)a
successful program; or
(B)such alternative as
authorized by the Director of the Office of Management and Budget, with
sufficient precision and in such terms that would allow for an accurate,
independent determination of whether the program activity’s performance meets
the criteria of the description; or
(2)state why it is
infeasible or impractical to express a performance goal in any form for the
program activity.
(d)Treatment of program
activitiesFor the purpose of complying with this section, an
agency may aggregate, disaggregate, or consolidate program activities, except
that any aggregation or consolidation may not omit or minimize the significance
of any program activity constituting a major function or operation for the
agency.
(e)An
agency may submit with an annual performance plan an appendix covering any
portion of the plan that—
(1)is specifically
authorized under criteria established by an Executive order to be kept secret
in the interest of national defense or foreign policy; and
(2)is properly classified
pursuant to such Executive order.
(f)Inherently governmental
functionsThe functions and activities of this section shall be
considered to be inherently governmental functions. The drafting of performance
plans under this section shall be performed only by Federal employees.
(g)Chief Human Capital
OfficersWith respect to each agency with a Chief Human Capital
Officer, the Chief Human Capital Officer shall prepare that portion of the
annual performance plan described under subsection (b)(5)(A).
(h)For
purposes of this section and sections 1116 through 1125, and sections 9703 and
9704, the term—
(1)agency has
the same meaning as such term is defined under section 306(f) of title
5;
(2)crosscutting
means across organizational (such as agency) boundaries;
(3)customer service
measure means an assessment of service delivery to a customer, client,
citizen, or other recipient, which can include an assessment of quality,
timeliness, and satisfaction among other factors;
(4)efficiency
measure means a ratio of a program activity’s inputs (such as costs or
hours worked by employees) to its outputs (amount of products or services
delivered) or outcomes (the desired results of a program);
(5)major management
challenge means programs or management functions, within or across
agencies, that have greater vulnerability to waste, fraud, abuse, and
mismanagement (such as issues identified by the Government Accountability
Office as high risk or issues identified by an Inspector General) where a
failure to perform well could seriously affect the ability of an agency or the
Government to achieve its mission or goals;
(6)milestone
means a scheduled event signifying the completion of a major deliverable or a
set of related deliverables or a phase of work;
(7)outcome
measure means an assessment of the results of a program activity
compared to its intended purpose;
(8)output
measure means the tabulation, calculation, or recording of activity or
effort that can be expressed in a quantitative or qualitative manner;
(9)performance
goal means a target level of performance expressed as a tangible,
measurable objective, against which actual achievement can be compared,
including a goal expressed as a quantitative standard, value, or rate;
(10)performance
indicator means a particular value or characteristic used to measure
output or outcome;
(11)program
activity means a specific activity or project as listed in the program
and financing schedules of the annual budget of the United States Government;
and
(12)program
evaluation means an assessment, through objective measurement and
systematic analysis, of the manner and extent to which Federal programs achieve
intended
objectives.
.
4.Performance reporting
amendmentsChapter 11 of title
31, United States Code, is amended by striking section 1116 and inserting the
following:
1116.Agency performance
reporting
(a)The head of each agency
shall make available on a public website of the agency and to the Office of
Management and Budget an update on agency performance.
(b)(1)Each update shall
compare actual performance achieved with the performance goals established in
the agency performance plan under section 1115(b) and shall occur no less than
150 days after the end of each fiscal year, with more frequent updates of
actual performance on indicators that provide data of significant value to the
Government, Congress, or program partners at a reasonable level of
administrative burden.
(2)If performance goals are
specified in an alternative form under section 1115(c), the results shall be
described in relation to such specifications, including whether the performance
failed to meet the criteria of a minimally effective or successful
program.
(c)Each update shall—
(1)review the success of
achieving the performance goals and include actual results for the 5 preceding
fiscal years;
(2)evaluate the performance
plan for the current fiscal year relative to the performance achieved toward
the performance goals during the period covered by the update;
(3)explain and describe
where a performance goal has not been met (including when a program activity’s
performance is determined not to have met the criteria of a successful program
activity under section 1115(c)(1)(A)(ii) or a corresponding level of
achievement if another alternative form is used)—
(A)why the goal was not
met;
(B)those plans and schedules
for achieving the established performance goal; and
(C)if the performance goal
is impractical or infeasible, why that is the case and what action is
recommended;
(4)describe the use and
assess the effectiveness in achieving performance goals of any waiver under
section 9703 of this title;
(5)include a review of the
performance goals and evaluation of the performance plan relative to the
agency’s strategic human capital management;
(6)describe how the agency
ensures the accuracy and reliability of the data used to measure progress
towards its performance goals, including an identification of—
(A)the means used to verify
and validate measured values;
(B)the sources for the
data;
(C)the level of accuracy
required for the intended use of the data;
(D)any limitations to the
data at the required level of accuracy; and
(E)how the agency has
compensated for such limitations if needed to reach the required level of
accuracy; and
(7)include the summary
findings of those program evaluations completed during the period covered by
the update.
(d)If an agency performance
update includes any program activity or information that is specifically
authorized under criteria established by an Executive Order to be kept secret
in the interest of national defense or foreign policy and is properly
classified pursuant to such Executive Order, the head of the agency shall make
such information available in the classified appendix provided under section
1115(e).
(e)The functions and
activities of this section shall be considered to be inherently governmental
functions. The drafting of agency performance updates under this section shall
be performed only by Federal employees.
(f)Each fiscal year, the
Office of Management and Budget shall determine whether the agency programs or
activities meet performance goals and objectives outlined in the agency
performance plans and submit a report on unmet goals to—
(1)the head of the
agency;
(2)the Committee on Homeland
Security and Governmental Affairs of the Senate;
(3)the Committee on
Oversight and Governmental Reform of the House of Representatives; and
(4)the Government
Accountability Office.
(g)If an agency’s programs
or activities have not met performance goals as determined by the Office of
Management and Budget for 1 fiscal year, the head of the agency shall submit a
performance improvement plan to the Office of Management and Budget to increase
program effectiveness for each unmet goal with measurable milestones. The
agency shall designate a senior official who shall oversee the performance
improvement strategies for each unmet goal.
(h)(1)If the Office of
Management and Budget determines that agency programs or activities have unmet
performance goals for 2 consecutive fiscal years, the head of the agency
shall—
(A)submit
to Congress a description of the actions the Administration will take to
improve performance, including proposed statutory changes or planned executive
actions; and
(B)describe any additional
funding the agency will obligate to achieve the goal, if such an action is
determined appropriate in consultation with the Director of the Office of
Management and Budget, for an amount determined appropriate by the
Director.
(2)In providing additional
funding described under paragraph (1)(B), the head of the agency shall use any
reprogramming or transfer authority available to the agency. If after
exercising such authority additional funding is necessary to achieve the level
determined appropriate by the Director of the Office of Management and Budget,
the head of the agency shall submit a request to Congress for additional
reprogramming or transfer authority.
(i)If an agency’s programs
or activities have not met performance goals as determined by the Office of
Management and Budget for 3 consecutive fiscal years, the Director of the
Office of Management and Budget shall submit recommendations to Congress on
actions to improve performance not later than 60 days after that determination,
including—
(1)reauthorization proposals
for each program or activity that has not met performance goals;
(2)proposed statutory
changes necessary for the program activities to achieve the proposed level of
performance on each performance goal; and
(3)planned executive actions
or identification of the program for termination or reduction in the
President’s
budget.
.
5.Federal Government and
agency priority goalsChapter
11 of title 31, United States Code, is amended by adding after section 1119 the
following:
1120.Federal Government
and agency priority goals
(a)Federal government
priority goals
(1)The Director of the
Office of Management and Budget shall coordinate with agencies to develop
priority goals to improve the performance and management of the Federal
Government. Such Federal Government priority goals shall include—
(A)outcome-oriented goals
covering a limited number of crosscutting policy areas; and
(B)goals for management
improvements needed across the Federal Government, including—
(i)financial
management;
(ii)human capital
management;
(iii)information technology
management;
(iv)procurement and
acquisition management; and
(v)real property
management;
(2)The Federal Government
priority goals shall be long-term in nature. At a minimum, the Federal
Government priority goals shall be updated or revised every 4 years and made
publicly available concurrently with the submission of the budget of the United
States Government made in the first full fiscal year following any year in
which the term of the President commences under section 101 of title 3. As
needed, the Director of the Office of Management and Budget may make
adjustments to the Federal Government priority goals to reflect significant
changes in the environment in which the Federal Government is operating, with
appropriate notification of Congress.
(3)When developing or making
adjustments to Federal Government priority goals, the Director of the Office of
Management and Budget shall consult periodically with the Congress, including
obtaining majority and minority views from—
(A)the Committees on
Appropriations of the Senate and the House of Representatives;
(B)the Committees on the
Budget of the Senate and the House of Representatives;
(C)the Committee on Homeland
Security and Governmental Affairs of the Senate;
(D)the Committee on
Oversight and Government Reform of the House of Representatives;
(E)the Committee on Finance
of the Senate;
(F)the Committee on Ways and
Means of the House of Representatives; and
(G)any other committees as
determined appropriate;
(4)The Director of the
Office of Management and Budget shall consult with the appropriate committees
of Congress at least once every 2 years.
(5)The Director of the
Office of Management and Budget shall make information about the Federal
Government priority goals available on the website described under section 1122
of this title.
(6)The Federal Government
performance plan required under section 1115(a) of this title shall be
consistent with the Federal Government priority goals.
(b)
(1)Every 2 years, the head
of each agency listed in section 901(b) of this title, or as otherwise
determined by the Director of the Office of Management and Budget, shall
identify agency priority goals from among the performance goals of the agency.
The Director of the Office of Management and Budget shall determine the total
number of agency priority goals across the Government, and the number to be
developed by each agency. The agency priority goals shall—
(A)reflect the highest
priorities of the agency, as determined by the head of the agency and informed
by the Federal Government priority goals provided under subsection (a) and the
consultations with Congress and other interested parties required by section
306(d) of title 5;
(B)have ambitious targets
that can be achieved within a 2-year period;
(C)have a clearly identified
agency official, known as a goal leader, who is responsible for the achievement
of each agency priority goal;
(D)have interim quarterly
targets for performance indicators if more frequent updates of actual
performance provides data of significant value to the Government, Congress, or
program partners at a reasonable level of administrative burden; and
(E)have clearly defined
quarterly milestones.
(2)If an agency priority
goal includes any program activity or information that is specifically
authorized under criteria established by an Executive order to be kept secret
in the interest of national defense or foreign policy and is properly
classified pursuant to such Executive order, the head of the agency shall make
such information available in the classified appendix provided under section
1115(e).
(c)The functions and
activities of this section shall be considered to be inherently governmental
functions. The development of Federal Government and agency priority goals
shall be performed only by Federal
employees.
.
6.Quarterly priority
progress reviews and use of performance informationChapter 11 of title 31, United States Code,
is amended by adding after section 1120 (as added by section 5 of this Act) the
following:
1121.Quarterly priority
progress reviews and use of performance information
(a)Use of performance
information To achieve Federal government priority goalsNot less
than quarterly, the Director of the Office of Management and Budget, with the
support of the Performance Improvement Council, shall—
(1)for each Federal
Government priority goal required by section 1120(a) of this title, review with
the appropriate lead Government official the progress achieved during the most
recent quarter, overall trend data, and the likelihood of meeting the planned
level of performance;
(2)include in such reviews
officials from the agencies, organizations, and program activities that
contribute to the accomplishment of each Federal Government priority
goal;
(3)assess whether agencies,
organizations, program activities, regulations, tax expenditures, policies, and
other activities are contributing as planned to each Federal Government
priority goal;
(4)categorize the Federal
Government priority goals by risk of not achieving the planned level of
performance; and
(5)for the Federal
Government priority goals at greatest risk of not meeting the planned level of
performance, identify prospects and strategies for performance improvement,
including any needed changes to agencies, organizations, program activities,
regulations, tax expenditures, policies or other activities.
(b)Agency use of
performance information To achieve agency priority goalsNot less
than quarterly, at each agency required to develop agency priority goals
required by section 1120(b) of this title, the head of the agency and Chief
Operating Officer, with the support of the agency Performance Improvement
Officer, shall—
(1)for each agency priority
goal, review with the appropriate goal leader the progress achieved during the
most recent quarter, overall trend data, and the likelihood of meeting the
planned level of performance;
(2)coordinate with relevant
personnel within and outside the agency who contribute to the accomplishment of
each agency priority goal;
(3)assess whether relevant
organizations, program activities, regulations, policies, and other activities
are contributing as planned to the agency priority goals;
(4)categorize agency
priority goals by risk of not achieving the planned level of performance;
and
(5)for agency priority goals
at greatest risk of not meeting the planned level of performance, identify
prospects and strategies for performance improvement, including any needed
changes to agency program activities, regulations, policies, or other
activities.
.
7.Transparency of Federal
government programs, priority goals, and resultsChapter 11 of title 31, United States Code,
is amended by adding after section 1121 (as added by section 6 of this Act) the
following:
1122.Transparency of
programs, priority goals, and results
(a)Transparency of agency
programs
(1)Not later than October 1, 2012, the Office of Management
and Budget shall—
(A)ensure the effective
operation of a single website;
(B)at a minimum, update the
website on a quarterly basis; and
(C)include on the website
information about each program identified by the agencies.
(2)Information
for each program described under paragraph (1) shall include—
(A)an identification of how
the agency defines the term program
, consistent with guidance
provided by the Director of the Office of Management and Budget, including the
program activities that are aggregated, disaggregated, or consolidated to be
considered a program by the agency;
(B)a description of the
purposes of the program and the contribution of the program to the mission and
goals of the agency; and
(C)an identification of
funding for the current fiscal year and previous 2 fiscal years.
(b)Transparency of agency
priority goals and resultsThe head of each agency required to
develop agency priority goals shall make information about each agency priority
goal available to the Office of Management and Budget for publication on the
website, with the exception of any information covered by section 1120(b)(2) of
this title. In addition to an identification of each agency priority goal, the
website shall also consolidate information about each agency priority goal,
including—
(1)a description of how the
agency incorporated any views and suggestions obtained through congressional
consultations about the agency priority goal;
(2)an identification of key
factors external to the agency and beyond its control that could significantly
affect the achievement of the agency priority goal;
(3)a description of how each
agency priority goal will be achieved, including—
(A)the strategies and
resources required to meet the priority goal;
(B)clearly defined
milestones;
(C)the organizations,
program activities, regulations, policies, and other activities that contribute
to each goal, both within and external to the agency;
(D)how the agency is working
with other agencies to achieve the goal; and
(E)an identification of the
agency official responsible for achieving the priority goal;
(4)the performance
indicators to be used in measuring or assessing progress;
(5)a description of how the
agency ensures the accuracy and reliability of the data used to measure
progress towards the priority goal, including an identification of—
(A)the means used to verify
and validate measured values;
(B)the sources for the
data;
(C)the level of accuracy
required for the intended use of the data;
(D)any limitations to the
data at the required level of accuracy; and
(E)how the agency has
compensated for such limitations if needed to reach the required level of
accuracy;
(6)the results achieved
during the most recent quarter and overall trend data compared to the planned
level of performance;
(7)an assessment of whether
relevant organizations, program activities, regulations, policies, and other
activities are contributing as planned;
(8)an identification of the
agency priority goals at risk of not achieving the planned level of
performance; and
(9)any prospects or
strategies for performance improvement.
(c)Transparency of Federal
government priority goals and resultsThe Director of the Office
of Management and Budget shall also make available on the website—
(1)a brief description of
each of the Federal Government priority goals required by section 1120(a) of
this title;
(2)a description of how the
Federal Government priority goals incorporate views and suggestions obtained
through congressional consultations;
(3)the Federal Government
performance goals and performance indicators associated with each Federal
Government priority goal as required by section 1115(a) of this title;
(4)an identification of the
lead Government official for each Federal Government performance goal;
(5)the results achieved
during the most recent quarter and overall trend data compared to the planned
level of performance;
(6)an identification of the
agencies, organizations, program activities, regulations, tax expenditures,
policies, and other activities that contribute to each Federal Government
priority goal;
(7)an assessment of whether
relevant agencies, organizations, program activities, regulations, tax
expenditures, policies, and other activities are contributing as
planned;
(8)an identification of the
Federal Government priority goals at risk of not achieving the planned level of
performance; and
(9)any prospects or
strategies for performance improvement.
(d)The information made available on the website under this
section shall be readily accessible and easily found on the Internet by the
public and members and committees of Congress. Such information shall also be
presented in a searchable, machine-readable format. The Director of the Office
of Management and Budget shall issue guidance to ensure that such information
is provided in a way that presents a coherent picture of all Federal programs,
and the performance of the Federal Government as well as individual
agencies.
.
8.Agency Chief Operating
OfficersChapter 11 of title
31, United States Code, is amended by adding after section 1122 (as added by
section 7 of this Act) the following:
1123.
(a)At
each agency, the deputy head of agency, or equivalent, shall be the Chief
Operating Officer of the agency.
(b)Each
Chief Operating Officer shall be responsible for improving the management and
performance of the agency, and shall—
(1)provide overall
organization management to improve agency performance and achieve the mission
and goals of the agency through the use of strategic and performance planning,
measurement, analysis, regular assessment of progress, and use of performance
information to improve the results achieved;
(2)advise and assist the
head of agency in carrying out the requirements of sections 1115 through 1122
of this title and section 306 of title 5;
(3)oversee agency-specific
efforts to improve management functions within the agency and across
Government; and
(4)coordinate and
collaborate with relevant personnel within and external to the agency who have
a significant role in contributing to and achieving the mission and goals of
the agency, such as the Chief Financial Officer, Chief Human Capital Officer,
Chief Acquisition Officer/Senior Procurement Executive, Chief Information
Officer, and other line of business chiefs at the
agency.
.
9.Agency Performance
Improvement Officers and the Performance Improvement CouncilChapter 11 of title 31, United States Code,
is amended by adding after section 1123 (as added by section 8 of this Act) the
following:
1124.Performance
Improvement Officers and the Performance Improvement Council
(a)Performance improvement
officers
(1)At
each agency, the head of the agency, in consultation with the agency Chief
Operating Officer, shall designate a senior executive of the agency as the
agency Performance Improvement Officer.
(2)Each
Performance Improvement Officer shall report directly to the Chief Operating
Officer. Subject to the direction of the Chief Operating Officer, each
Performance Improvement Officer shall—
(A)advise and assist the
head of the agency and the Chief Operating Officer to ensure that the mission
and goals of the agency are achieved through strategic and performance
planning, measurement, analysis, regular assessment of progress, and use of
performance information to improve the results achieved;
(B)advise the head of the
agency and the Chief Operating Officer on the selection of agency goals,
including opportunities to collaborate with other agencies on common
goals;
(C)assist the head of the
agency and the Chief Operating Officer in overseeing the implementation of the
agency strategic planning, performance planning, and reporting requirements
provided under sections 1115 through 1122 of this title and sections 306 of
title 5, including the contributions of the agency to the Federal Government
priority goals;
(D)support the head of
agency and the Chief Operating Officer in the conduct of regular reviews of
agency performance, including at least quarterly reviews of progress achieved
toward agency priority goals, if applicable;
(E)assist the head of the
agency and the Chief Operating Officer in the development and use within the
agency of performance measures in personnel performance appraisals, and, as
appropriate, other agency personnel and planning processes and assessments;
and
(F)ensure that agency
progress toward the achievement of all goals is communicated to leaders,
managers, and employees in the agency and Congress, and made available on a
public website of the agency.
(b)Performance improvement
council
(1)There
is established a Performance Improvement Council, consisting of—
(A)the Deputy Director for
Management of the Office of Management and Budget, who shall act as chairperson
of the Council;
(B)the Performance
Improvement Officer from each agency defined in section 901(b) of this
title;
(C)other Performance
Improvement Officers as determined appropriate by the chairperson; and
(D)other individuals as
determined appropriate by the chairperson.
(2)The
Performance Improvement Council shall—
(A)be convened by the
chairperson or the designee of the chairperson, who shall preside at the
meetings of the Performance Improvement Council, determine its agenda, direct
its work, and establish and direct subgroups of the Performance Improvement
Council, as appropriate, to deal with particular subject matters;
(B)assist the Director of
the Office of Management and Budget to improve the performance of the Federal
Government and achieve the Federal Government priority goals;
(C)assist the Director of
the Office of Management and Budget in implementing the planning, reporting,
and use of performance information requirements related to the Federal
Government priority goals provided under sections 1115, 1120, 1121, and 1122 of
this title;
(D)work to resolve specific
Governmentwide or crosscutting performance issues, as necessary;
(E)facilitate the exchange
among agencies of practices that have led to performance improvements within
specific programs, agencies, or across agencies;
(F)coordinate with other
interagency management councils;
(G)seek advice and
information as appropriate from nonmember agencies, particularly smaller
agencies;
(H)consider the performance
improvement experiences of corporations, nonprofit organizations, foreign,
State, and local governments, Government employees, public sector unions, and
customers of Government services;
(I)receive such assistance,
information and advice from agencies as the Council may request, which agencies
shall provide to the extent permitted by law; and
(J)develop and submit to the
Director of the Office of Management and Budget, or when appropriate to the
President through the Director of the Office of Management and Budget, at times
and in such formats as the chairperson may specify, recommendations to
streamline and improve performance management policies and requirements.
(3)
(A)The Administrator of General Services shall provide
administrative and other support for the Council to implement this
section.
(B)The
heads of agencies with Performance Improvement Officers serving on the Council
shall, as appropriate and to the extent permitted by law, provide at the
request of the chairperson of the Performance Improvement Council up to 2
personnel authorizations to serve at the direction of the
chairperson.
.
10.Format of performance
plans and reports
(a)Searchable,
machine-readable plans and reportsFor fiscal year 2012 and each
fiscal year thereafter, each agency required to produce strategic plans,
performance plans, and performance updates in accordance with the amendments
made by this Act shall—
(1)not incur expenses for
the printing of strategic plans, performance plans, and performance reports for
release external to the agency, except when providing such documents to the
Congress;
(2)produce such plans and
reports in searchable, machine-readable formats; and
(3)make such plans and
reports available on the website described under section 1122 of title 31,
United States Code.
(b)Web-based performance
planning and reporting
(1)Not later than June 1, 2012, the Director of the Office
of Management and Budget shall issue guidance to agencies to provide concise
and timely performance information for publication on the website described
under section 1122 of title 31, United States Code, including, at a minimum,
all requirements of sections 1115 and 1116 of title 31, United States Code,
except for section 1115(e).
(2)For agencies required to develop agency priority goals
under section 1120(b) of title 31, United States Code, the performance
information required under this section shall be merged with the existing
information required under section 1122 of title 31, United States Code.
(3)In
developing guidance under this subsection, the Director of the Office of
Management and Budget shall take into consideration the experiences of agencies
in making consolidated performance planning and reporting information available
on the website as required under section 1122 of title 31, United States
Code.
11.Reducing duplicative
and outdated agency reporting
(a)Section 1105(a) of title 31, United States Code, is
amended—
(1)by redesignating second
paragraph (33) as paragraph (35); and
(2)by adding at the end the
following:
(37)the list of plans and
reports, as provided for under section 1125, that agencies identified for
elimination or consolidation because the plans and reports are determined
outdated or duplicative of other required plans and
reports.
.
(b)Elimination of
unnecessary agency reportingChapter 11 of title 31, United
States Code, is further amended by adding after section 1124 (as added by
section 9 of this Act) the following:
1125.Elimination of
unnecessary agency reporting
(a)Agency identification
of unnecessary reportsAnnually, based on guidance provided by
the Director of the Office of Management and Budget, the Chief Operating
Officer at each agency shall—
(1)compile a list that
identifies all plans and reports the agency produces for Congress, in
accordance with statutory requirements or as directed in congressional
reports;
(2)analyze the list compiled
under paragraph (1), identify which plans and reports are outdated or
duplicative of other required plans and reports, and refine the list to include
only the plans and reports identified to be outdated or duplicative;
(3)consult with the
congressional committees that receive the plans and reports identified under
paragraph (2) to determine whether those plans and reports are no longer useful
to the committees and could be eliminated or consolidated with other plans and
reports; and
(4)provide a total count of
plans and reports compiled under paragraph (1) and the list of outdated and
duplicative reports identified under paragraph (2) to the Director of the
Office of Management and Budget.
(b)
(1)During the first year of implementation of this section, the
list of plans and reports identified by each agency as outdated or duplicative
shall be not less than 10 percent of all plans and reports identified under
subsection (a)(1).
(2)In each year following the first year described under
paragraph (1), the Director of the Office of Management and Budget shall
determine the minimum percent of plans and reports to be identified as outdated
or duplicative on each list of plans and reports.
(c)Request for elimination
of unnecessary reportsIn addition to including the list of plans
and reports determined to be outdated or duplicative by each agency in the
budget of the United States Government, as provided by section 1105(a)(37), the
Director of the Office of Management and Budget may concurrently submit to
Congress legislation to eliminate or consolidate such plans and
reports.
.
12.Performance management
skills and competencies
(a)Performance management
skills and competenciesNot later than 1 year after the date of
enactment of this Act, the Director of the Office of Personnel Management, in
consultation with the Performance Improvement Council, shall identify the key
skills and competencies needed by Federal Government personnel for developing
goals, evaluating programs, and analyzing and using performance information for
the purpose of improving Government efficiency and effectiveness.
(b)Not later than 2 years after the date of
enactment of this Act, based on the identifications under subsection (a), the
Director of the Office of Personnel Management shall incorporate, as
appropriate, such key skills and competencies into relevant position
classifications.
(c)Incorporation into
existing agency trainingNot later than 2 years after the
enactment of this Act, the Director of the Office of Personnel Management shall
work with each agency, as defined under section 306(f) of title 5, United
States Code, to incorporate the key skills identified under subsection (a) into
training for relevant employees at each agency.
13.Technical and
conforming amendments
(a)The table of contents for
chapter 3 of title 5, United States Code, is amended by striking the item
relating to section 306 and inserting the following:
306. Agency strategic
plans.
.
(b)The table of contents for
chapter 11 of title 31, United States Code, is amended by striking the items
relating to section 1115 and 1116 and inserting the following:
1115. Federal Government and agency performance
plans.
1116. Agency performance
reporting.
.
(c)The table of contents for
chapter 11 of title 31, United States Code, is amended by adding at the end the
following:
1120. Federal Government and agency priority
goals.
1121. Quarterly priority progress reviews and
use of performance information.
1122. Transparency of programs, priority goals,
and results.
1123. Chief Operating Officers.
1124. Performance Improvement Officers and the
Performance Improvement Council.
1125. Elimination of unnecessary agency
reporting.
.
14.Implementation of this
Act
(a)Interim planning and
reporting
(1)The Director of the Office of Management and Budget shall
coordinate with agencies to develop interim Federal Government priority goals
and submit interim Federal Government performance plans consistent with the
requirements of this Act beginning with the submission of the fiscal year 2013
Budget of the United States Government.
(2)Each
agency shall—
(A)not later than February
6, 2012, make adjustments to its strategic plan to make the plan consistent
with the requirements of this Act;
(B)prepare and submit
performance plans consistent with the requirements of this Act, including the
identification of agency priority goals, beginning with the performance plan
for fiscal year 2013; and
(C)make performance
reporting updates consistent with the requirements of this Act beginning in
fiscal year 2012.
(3)The quarterly priority progress reviews required under
this Act shall begin—
(A)with the first full
quarter beginning on or after the date of enactment of this Act for agencies
based on the agency priority goals contained in the Analytical Perspectives
volume of the Fiscal Year 2011 Budget of the United States Government;
and
(B)with the quarter ending
June 30, 2012 for the interim Federal Government priority goals.
(b)The
Director of the Office of Management and Budget shall prepare guidance for
agencies in carrying out the interim planning and reporting activities required
under subsection (a), in addition to other guidance as required for
implementation of this Act.
15.Congressional oversight
and legislation
(a)Nothing in this Act shall be construed as limiting the
ability of Congress to establish, amend, suspend, or annul a goal of the
Federal Government or an agency.
(b)
(1)Interim planning and
reporting evaluationNot later than June 30, 2013, the
Comptroller General shall submit a report to Congress that includes—
(A)an evaluation of the
implementation of the interim planning and reporting activities conducted under
section 14 of this Act; and
(B)any recommendations for
improving implementation of this Act as determined appropriate.
(2)Implementation
evaluations
(A)The Comptroller General shall evaluate the implementation
of this Act subsequent to the interim planning and reporting activities
evaluated in the report submitted to Congress under paragraph (1).
(B)
(i)The
Comptroller General shall evaluate how implementation of this Act is affecting
performance management at the agencies described in section 901(b) of title 31,
United States Code, including whether performance management is being used by
those agencies to improve the efficiency and effectiveness of agency
programs.
(ii)The
Comptroller General shall submit to Congress—
(I)an initial report on the
evaluation under clause (i), not later than September 30, 2015; and
(II)a subsequent report on
the evaluation under clause (i), not later than September 30, 2017.
(C)Federal government
planning and reporting implementation
(i)The
Comptroller General shall evaluate the implementation of the Federal Government
priority goals, Federal Government performance plans and related reporting
required by this Act.
(ii)The
Comptroller General shall submit to Congress—
(I)an initial report on the
evaluation under clause (i), not later than September 30, 2015; and
(II)subsequent reports on
the evaluation under clause (i), not later than September 30, 2017 and every 4
years thereafter.
(D)The
Comptroller General shall include in the reports required by subparagraphs (B)
and (C) any recommendations for improving implementation of this Act and for
streamlining the planning and reporting requirements of the Government
Performance and Results Act of 1993.
Secretary