[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2142 Enrolled Bill (ENR)]

        H.R.2142

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``GPRA Modernization 
Act of 2010''.
    (b) Table of Contents.--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 Reducing duplicative and outdated agency reporting.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.
SEC. 2. STRATEGIC PLANNING AMENDMENTS.
    Chapter 3 of title 5, United States Code, is amended by striking 
section 306 and inserting the following:
``Sec. 306. Agency strategic plans
    ``(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.''.
SEC. 3. PERFORMANCE PLANNING AMENDMENTS.
    Chapter 11 of title 31, United States Code, is amended by striking 
section 1115 and inserting the following:
``Sec. 1115. Federal Government and agency performance plans
    ``(a) Federal Government Performance Plans.--In 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) Agency Performance Plans.--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) Alternative Form.--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 Activities.--For 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) Appendix.--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 Functions.--The 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 Officers.--With 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) Definitions.--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.''.
SEC. 4. PERFORMANCE REPORTING AMENDMENTS.
    Chapter 11 of title 31, United States Code, is amended by striking 
section 1116 and inserting the following:
``Sec. 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.''.
SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS.
    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1119 the following:
``Sec. 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) Agency Priority Goals.--
        ``(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.''.
SEC. 6. QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF PERFORMANCE 
INFORMATION.
    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1120 (as added by section 5 of this Act) the following:
``Sec. 1121. Quarterly priority progress reviews and use of performance 
    information
    ``(a) Use of Performance Information To Achieve Federal Government 
Priority Goals.--Not 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 Goals.--Not 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.''.
SEC. 7. TRANSPARENCY OF FEDERAL GOVERNMENT PROGRAMS, PRIORITY GOALS, 
AND RESULTS.
    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1121 (as added by section 6 of this Act) the following:
``Sec. 1122. Transparency of programs, priority goals, and results
    ``(a) Transparency of Agency Programs.--
        ``(1) In general.--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.--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 Results.--The 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 
Results.--The 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) Information on Website.--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.''.
SEC. 8. AGENCY CHIEF OPERATING OFFICERS.
    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1122 (as added by section 7 of this Act) the following:
``Sec. 1123. Chief Operating Officers
    ``(a) Establishment.--At each agency, the deputy head of agency, or 
equivalent, shall be the Chief Operating Officer of the agency.
    ``(b) Function.--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.''.
SEC. 9. AGENCY PERFORMANCE IMPROVEMENT OFFICERS AND THE PERFORMANCE 
IMPROVEMENT COUNCIL.
    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1123 (as added by section 8 of this Act) the following:
``Sec. 1124. Performance Improvement Officers and the Performance 
    Improvement Council
    ``(a) Performance Improvement Officers.--
        ``(1) Establishment.--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) Function.--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) Establishment.--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) Function.--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) Support.--
            ``(A) In general.--The Administrator of General Services 
        shall provide administrative and other support for the Council 
        to implement this section.
            ``(B) Personnel.--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.''.
  SEC. 10. FORMAT OF PERFORMANCE PLANS AND REPORTS.
    (a) Searchable, Machine-readable Plans and Reports.--For 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) In general.--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) High-priority goals.--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) Considerations.--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.
  SEC. 11. REDUCING DUPLICATIVE AND OUTDATED AGENCY REPORTING.
    (a) Budget Contents.--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 Reporting.--Chapter 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:
``Sec. 1125. Elimination of unnecessary agency reporting
    ``(a) Agency Identification of Unnecessary Reports.--Annually, 
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) Plans and Reports.--
        ``(1) First year.--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) Subsequent years.--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 Reports.--In 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.''.
  SEC. 12. PERFORMANCE MANAGEMENT SKILLS AND COMPETENCIES.
    (a) Performance Management Skills and Competencies.--Not 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) Position Classifications.--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 Training.--Not 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.
  SEC. 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.''.
  SEC. 14. IMPLEMENTATION OF THIS ACT.
    (a) Interim Planning and Reporting.--
        (1) In general.--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) Requirements.--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) Quarterly reviews.--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) Guidance.--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.
  SEC. 15. CONGRESSIONAL OVERSIGHT AND LEGISLATION.
    (a) In General.--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) GAO Reviews.--
        (1) Interim planning and reporting evaluation.--Not 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) In general.--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) Agency implementation.--
                (i) Evaluations.--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) Reports.--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) Evaluations.--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) Reports.--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) Recommendations.--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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.