[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2142 Reported in House (RH)]

                                                 Union Calendar No. 288
111th CONGRESS
  2d Session
                                H. R. 2142

                          [Report No. 111-504]

  To require the review of Government programs at least once every 5 
 years for purposes of assessing their performance and improving their 
   operations, and to establish the Performance Improvement Council.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2009

   Mr. Cuellar (for himself and Mr. Moore of Kansas) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                           Government Reform

                             June 14, 2010

   Additional sponsors: Ms. Herseth Sandlin, Mr. Wilson of Ohio, Mr. 
  Boren, Mr. Bishop of Georgia, Mr. Cardoza, Mr. Costa, Mr. Boyd, Mr. 
 Hill, Mr. Connolly of Virginia, Ms. Kosmas, Mr. Boswell, Mr. Davis of 
   Tennessee, Mr. Shuler, Mr. Chandler, Mr. Taylor, Mr. Holden, Mrs. 
    Dahlkemper, Mr. Baca, Mr. Carney, Mr. Childers, Mr. Donnelly of 
 Indiana, Mr. Ellsworth, Ms. Giffords, Mr. Marshall, Mr. Michaud, Mr. 
Salazar, Mr. Schrader, Mr. Space, Mr. Bright, Mr. Melancon, Mr. Arcuri, 
  Mr. Tanner, Mr. Kratovil, Mr. Ross, Mr. Thompson of California, Mr. 
Scott of Georgia, Mr. Murphy of New York, Mr. Quigley, Ms. Norton, Mr. 
      Matheson, Mr. Schiff, Mr. Minnick, Mr. Patrick J. Murphy of 
  Pennsylvania, Mr. Foster, Mr. Altmire, Ms. Harman, Mr. McCaul, Mr. 
Gordon of Tennessee, Mr. Barrow, Mr. Peterson, Mr. Platts, Mr. Nye, Mr. 
                        Welch, and Mr. Mitchell


                             June 14, 2010

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               28, 2009]

_______________________________________________________________________

                                 A BILL


 
  To require the review of Government programs at least once every 5 
 years for purposes of assessing their performance and improving their 
   operations, and to establish 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 ``Government 
Efficiency, Effectiveness, and Performance Improvement 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. Findings and purposes.
Sec. 3. Agency defined.
Sec. 4. Sense of Congress regarding the need for increased consultation 
                            between Congress and Federal agencies on 
                            performance management issues.
Sec. 5. Performance assessments.
Sec. 6. Strategic planning amendments.
Sec. 7. Improving Government performance.
Sec. 8. Assessments and reports.
Sec. 9. Additions to performance plan.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Weaknesses in established management processes 
        pertaining to the use of information about the performance of 
        Federal agencies undermine the confidence of the American 
        people in the Government and reduce the Federal Government's 
        ability to adequately address public needs.
            (2) To restore the confidence of the American people in its 
        Government and to increase the Federal Government's ability to 
        adequately address vital public needs, the Federal Government 
        must continually seek to improve the effectiveness, efficiency, 
        and accountability of Federal programs.
            (3) With the passage of the Government Performance and 
        Results Act of 1993, Congress directed the executive branch to 
        seek improvements in the performance and accountability of 
        Federal programs by having agencies focus on strategic 
        objectives and annual results.
            (4) The requirements of the Government Performance and 
        Results Act of 1993 have produced an infrastructure of outcome-
        oriented strategic plans, performance measures, and 
        accountability reporting that serve as a solid foundation for 
        agencies working with Congress to achieve long-term strategic 
        goals and improve the performance of Federal programs; use of 
        those plans and reports to improve outcomes has, however, been 
        limited.
            (5) Congressional policy making, spending decisions, and 
        program oversight have been handicapped by insufficient 
        attention to program performance and results.
            (6) While improvements have been made in the development of 
        outcome-oriented strategic plans, performance measures, and 
        accountability reporting for individual programs, progress is 
        still needed to ensure that agency leaders, employees, and 
        delivery partners regularly use performance information to 
        improve the effectiveness and efficiency of government 
        operations and to communicate performance information 
        coherently and candidly to inform congressional decision-making 
        in conducting program authorization, appropriation, and 
        oversight.
            (7) Regular performance assessments, complemented by 
        periodic assessments of Federal programs, provide critical 
        information on whether programs are achieving specific 
        performance objectives, help Congress and the executive branch 
        identify the most pressing policy and program issues, and 
        determine if specific legislative, operational, financial, or 
        strategic reforms are needed to increase program effectiveness 
        and efficiency.
            (8) Programs performing similar or duplicative functions 
        within a single agency or across multiple agencies should be 
        identified and their performance and results shared among all 
        such programs to improve coordination or possible consolidation 
        and, ultimately, performance and results.
            (9) The performance reporting requirements of the 
        Government Performance and Results Act of 1993, along with 
        individual performance and accountability reporting 
        requirements contained in legislation, are in some cases 
        redundant, and steps should be taken to eliminate duplicative 
        performance policies and to streamline outdated and unused 
        reports.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To improve the Government Performance and Results Act 
        of 1993 by implementing performance assessment processes that 
        seek to assess Federal programs on a periodic basis with a 
        particular focus on the following:
                    (A) Identification by agency leaders of clear 
                priorities and setting of outcome-focused, measurable, 
                ambitious targets for those priorities.
                    (B) Regular goal-focused, data driven performance 
                assessments to measure progress and adjust strategies.
                    (C) Accountability expectations that encourage 
                managers to innovate, informed by evidence and analysis 
                of experience.
                    (D) Transparent, coherent, and candid communication 
                of results.
            (2) To use relevant performance and related information to 
        help agencies make informed management decisions, improve the 
        effectiveness of agency and program operations (particularly 
        for those programs, projects, and activities that are deemed 
        poorly performing), and submit funding requests based on 
        evidence and other relevant information.
            (3) To provide congressional policy makers with information 
        needed to conduct more effective oversight and assist in the 
        improvement of agency operations, and to make performance-
        informed and results-based authorization and appropriation 
        decisions that improve the effectiveness of program operations.
            (4) To establish the Performance Improvement Council as a 
        body that will assist in the development of performance 
        measurement and management standards and assessment 
        methodologies, identify best practices in Federal performance 
        management, facilitate the exchange of information among 
        agencies on these practices, and collaborate on and strengthen 
        the effectiveness of agency performance improvement efforts.
            (5) To establish agency performance improvement officers to 
        institutionalize and enhance the strategic and performance 
        management activities of Federal agencies.

SEC. 3. AGENCY DEFINED.

    In this Act, the term ``agency'' means an executive agency as 
defined in section 306 of title 5, United States Code.

SEC. 4. SENSE OF CONGRESS REGARDING THE NEED FOR INCREASED CONSULTATION 
              BETWEEN CONGRESS AND FEDERAL AGENCIES ON PERFORMANCE 
              MANAGEMENT ISSUES.

    It is the sense of Congress that the head of each Federal agency 
should make every effort to consult with the committees with 
jurisdiction over the agency and other interested members of Congress 
each fiscal year regarding the performance plan and priorities of the 
agency (required by sections 1115 and 1120 of title 31, United States 
Code).

SEC. 5. PERFORMANCE ASSESSMENTS.

    (a) Requirement for Performance Assessments.--Chapter 11 of title 
31, United States Code, is amended by adding at the end the following 
new section:
``Sec. 1120. Performance assessments
    ``(a) Identification of High-priority Performance Goals.--For the 
purpose of improving agency performance, the head of each Federal 
agency, in consultation with the Director of the Office of Management 
and Budget, shall identify near-term and long-term high-priority goals 
for purposes of this section. In identifying such goals, the head of 
the agency shall--
            ``(1) rely on the agency's mission, strategic plan and 
        objectives, and statutory directives;
            ``(2) consult with Congress, including each appropriate 
        committee of Congress;
            ``(3) select goals that--
                    ``(A) clearly identify agency priorities and have 
                performance outcomes that can be clearly and 
                objectively assessed and measured;
                    ``(B) are ambitious targets that have high direct 
                value to the public;
                    ``(C) involve indicators for which the agency can 
                collect reliable and timely data that may be used in 
                performance assessments to measure progress and adjust 
                strategies; and
                    ``(D) involve multiple programs, including programs 
                within and across multiple agencies that are performing 
                similar functions, serve similar populations, have 
                similar purposes, or share common objectives, for 
                purposes of identifying common challenges, exemplary 
                goals and practices, common measures of performance, 
                and potential opportunities for more effective and 
                efficient means of achieving goals, including through 
                the integration and consolidation of Federal functions; 
                and
            ``(4) with respect to a subcomponent of the agency, ensure 
        the goals are consistent with the goals of the entire agency.
    ``(b) Performance Assessments.--The head of each Federal agency, in 
consultation with the Director of the Office of Management and Budget, 
shall, not less often than quarterly for high-priority goals identified 
in subsection (a), and on a semi-annual basis for performance goals 
established pursuant to section 1115(a)(1) of this title--
            ``(1) assess progress toward achieving the goals identified 
        under subsection (a) and toward achieving the annual 
        performance goals for each program activity established 
        pursuant to section 1115(a)(1) of this title;
            ``(2) assess whether relevant agency programs and 
        initiatives are contributing as expected toward the goals 
        identified under subsection (a) and the annual performance 
        goals for each program activity established pursuant to section 
        1115(a)(1) of this title; and
            ``(3) identify prospects and strategies for performance 
        improvement, including any needed changes to agency programs or 
        initiatives.
    ``(c) Performance Assessment Requirements.--In conducting an 
assessment of agency progress toward achieving the goals identified 
under subsection (a) and toward achieving the annual performance goals 
for each program activity established pursuant to section 1115(a)(1) of 
this title, the head of a Federal agency, in consultation with the 
Director of the Office of Management and Budget, shall--
            ``(1) coordinate with relevant personnel within and outside 
        the agency who contribute to the accomplishment of the goals; 
        and
            ``(2) encourage innovation and hold leaders and managers 
        accountable for effective and efficient implementation based on 
        evidence and continuing analysis of experience.
    ``(d) Transparency of Goals and Performance Assessments.--The 
Director of the Office of Management and Budget shall--
            ``(1) make available, as part of the President's budget 
        submission and through the Office of Management and Budget 
        website and other relevant websites, and provide to the 
        congressional committees described in subsection (i)--
                    ``(A) a list of goals identified under subsection 
                (a) and reviewed by the Director;
                    ``(B) consistent with section 1115 of this title, 
                annual goals defined by objectively measurable outcomes 
                for each program administered in whole or in part by 
                the agency;
                    ``(C) the methods that will be used to make 
                progress toward achieving the goals identified under 
                subparagraphs (A) and (B);
                    ``(D) the expected contribution that different 
                agency programs and initiatives will make toward 
                achieving the goals identified under subparagraphs (A) 
                and (B) and the expected timeline for achieving those 
                goals; and
                    ``(E) the approach that will be used by agencies to 
                assess progress toward achieving the goals identified 
                under subparagraphs (A) and (B);
            ``(2) provide a mechanism for interested persons, including 
        the general public and members and committees of Congress, to 
        submit comments on the goals being assessed under subsection 
        (a) and the annual performance goals for each program activity 
        established pursuant to section 1115(a)(1) of this title and 
        the methods that will be used to make progress toward achieving 
        those goals;
            ``(3) provide a mechanism for agency delivery to and 
        consideration of comments provided under paragraph (2) by each 
        relevant agency and adjustment of goals under subsection (a) 
        and the annual performance goals for each program activity 
        established pursuant to section 1115(a)(1) of this title based 
        on the comments, with approval of the Director; and
            ``(4) make available through the Office of Management and 
        Budget website a summary of comments received under paragraph 
        (2), any adjustment of goals under paragraph (3), and any 
        changes to goals required by the Office of Management and 
        Budget.
    ``(e) Transparency of Performance Results.--(1) The head of an 
agency shall ensure that all results of the assessments conducted under 
this section by the agency during a fiscal year shall be readily 
accessible to and easily found on the Internet by the public and 
members and committees of Congress in a searchable, machine readable 
format, in accordance with guidance provided by the Director of the 
Office of Management and Budget that ensures such information is 
provided in a way that presents a coherent picture of the performance 
of Federal agencies. At a minimum, the results of the assessments 
conducted under this section shall be available on the website of the 
Office of Management and Budget and also may be made available on any 
other website considered appropriate by the agency or the Director. The 
Director shall also notify the appropriate committees of Congress when 
quarterly assessments become available on the Internet.
    ``(2) The performance information related to the assessments of 
goals in this section and section 1115 of this title shall--
            ``(A) include--
                    ``(i) a brief summary of the problem or opportunity 
                being addressed and reasons for identifying these 
                agency goals as well as key findings of the 
                assessments;
                    ``(ii) a list of each program and agency 
                contributing to achievement of the goal and the time 
                frame for such contributions;
                    ``(iii) an assessment of the quality of the 
                performance measures, and the extent to which necessary 
                performance data are collected;
                    ``(iv) a description of how leaders and managers 
                are held accountable for achieving program results, and 
                the extent to which strong financial management tools 
                are in place;
                    ``(v) contextual indicators that provide a sense of 
                external factors that can influence performance trends 
                related to key outcomes;
                    ``(vi) as appropriate, indicators that provide 
                information about the population being served and to 
                the extent possible, the impact on disadvantaged and 
                minority communities and individuals;
                    ``(vii) factors affecting the performance of 
                programs, projects, and activities and how they are 
                impeding or contributing to failures or successes of 
                the programs, projects, and activities, and the reasons 
                for any substantial variation from the targeted level 
                of achievement of the goals;
                    ``(viii) the process used by the agency to assess 
                progress made toward achieving the goals; and
                    ``(ix) such other items and adjustments as may be 
                specified by the Director;
            ``(B) describe the extent to which any trends, 
        developments, or emerging conditions affect the need to change 
        the mission of programs being carried out to achieve the goal;
            ``(C) identify, as part of any performance assessment, 
        practices that resulted in positive outcomes, and the key 
        reasons why such practices resulted in positive outcomes; and
            ``(D) include recommendations for actions to improve 
        results, including opportunities that might exist for the 
        coordination, consolidation, or integration of programs to 
        improve service or generate cost savings.
    ``(3) The head of each agency shall--
            ``(A) use, as necessary and appropriate, a variety of 
        assessment methods to support performance assessments, 
        including methods contained in reports from evaluation centers, 
        in assessments by States, and in available Federal program 
        assessments;
            ``(B) maintain an archive of information required to be 
        disclosed under this section that is, to the maximum extent 
        practicable, readily available, accessible, and easily found by 
        the public; and
            ``(C) consider the relevant comments submitted under 
        subsection (d)(2).
    ``(f) Classified Information.--(1) With respect to performance 
assessments conducted during a fiscal year that contain classified 
information, the President shall submit--
            ``(A) each quarterly performance assessment (including the 
        classified information), to the appropriate committees of 
        Congress; and
            ``(B) an appendix containing a list of each affected goal 
        and the committees to which a copy of the performance 
        assessment was submitted under subparagraph (A), to the 
        congressional committees described in subsection (i).
    ``(2) Upon request from a congressional committee described in 
subsection (i), the Director of the Office of Management and Budget 
shall provide to the Committee a copy of--
            ``(A) any performance assessment described in subparagraph 
        (A) of paragraph (1) (including any assessment not listed in 
        any appendix submitted under subparagraph (B) of such 
        paragraph); and
            ``(B) any appendix described in subparagraph (B) of 
        paragraph (1).
    ``(3) In this subsection, the term `classified information' refers 
to matters described in section 552(b)(1)(A) of title 5.
    ``(g) Inherently Governmental Functions.--The functions and 
activities authorized or required by this section shall be considered 
inherently governmental functions and shall be performed only by 
Federal employees.
    ``(h) Report Streamlining.--To eliminate redundancy, the head of an 
agency may determine each year, subject to the approval of the Director 
of the Office of Management and Budget and provided that it meets the 
requirements of this section and sections 1115, 1116, 1117, 1121, and 
the first 9703 of this title, that the performance information provided 
to the public on the Internet is sufficient to meet the planning and 
reporting requirements of such sections.
    ``(i) Congressional Committees.--The congressional committees 
described in this subsection are the following:
            ``(1) The Committee on Oversight and Government Reform of 
        the House of Representatives.
            ``(2) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            ``(3) The Committees on Appropriations of the House of 
        Representatives and the Senate.
            ``(4) The Committees on the Budget of the House of 
        Representatives and the Senate.
    ``(j) Definitions.--In this section:
            ``(1) Agency performance improvement officer.--The term 
        `agency performance improvement officer' means a senior 
        executive of an agency who is designated by the head of the 
        agency, and reports to the head of the agency, the agency 
        Deputy Secretary, or such other agency official designated by 
        the head of the agency, to carry out the requirements of this 
        section.
            ``(2) Performance information.--The term `performance 
        information' means the results of assessments conducted under 
        this section.''.
    (b) Performance Assessments To Be Considered in Evaluating Senior 
Executives.--Section 4313 of title 5, United States Code, is amended 
(in the matter before paragraph (1)) by striking ``organizational 
performance,'' and inserting the following: ``organizational 
performance (including such reviews of agency performance, conducted 
under section 1120 of title 31, as are relevant),''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 31, United States Code, is amended by adding at the 
end the following:

``1120. Performance assessments.''.

SEC. 6. STRATEGIC PLANNING AMENDMENTS.

    (a) Change in Deadline for Strategic Plan.--Subsection (a) of 
section 306 of title 5, United States Code, is amended by striking ``No 
later than September 30, 1997,'' and inserting ``Not later than 
September 30 of the second year following a year in which an election 
for President occurs, beginning with September 30, 2010,''.
    (b) Change in Period of Coverage of Strategic Plan.--Subsection (b) 
of section 306 of title 5, United States Code, is amended to read as 
follows:
    ``(b) Each strategic plan shall cover the four-year period 
beginning on October 1 of the second year following a year in which an 
election for President occurs.''.

SEC. 7. IMPROVING GOVERNMENT PERFORMANCE.

    (a) Improving Government Performance.--Chapter 11 of title 31, 
United States Code, as amended by section 5, is further amended by 
adding at the end the following new section:
``Sec. 1121. Improving Government performance
    ``(a) Duties of Agency Performance Improvement Officers.--Subject 
to the direction of the head of the agency, each agency performance 
improvement officer shall--
            ``(1) advise and assist the head of the executive agency 
        and other agency officials to ensure that the mission of the 
        executive agency is achieved through performance planning, 
        measurement, analysis, and regular assessment of progress, 
        including the requirements of this section and sections 1115, 
        1116, 1117, 1120, and the first 9703 of this title and section 
        306 of title 5;
            ``(2) advise the head of the agency on the selection of 
        agency goals, including opportunities to collaborate with other 
        agencies on common goals, and on whether--
                    ``(A) the performance targets required under 
                section 1115 of this title and the strategic plans 
                required under section 306 of title 5 are--
                            ``(i) sufficiently aggressive toward full 
                        achievement of the purposes of the agency; and
                            ``(ii) realistic in light of authority and 
                        resources provided for operations; and
                    ``(B) means for measurement of progress toward 
                achievement of the goals are sufficiently rigorous, 
                aligned to outcomes, useful, and accurate as 
                appropriate to the intended use of the measures;
            ``(3) support the head of the agency, agency Deputy 
        Secretary, or such other agency senior official designated by 
        the head of the agency in the conduct of at least quarterly 
        performance assessments, while strengthening the performance 
        management activities of the entire agency (including 
        subcomponents) through at least quarterly performance 
        assessments to--
                    ``(A) assess progress toward achievement of the 
                goals administered in whole or in part by the agency, 
                as well as any goals common to that agency and other 
                agencies;
                    ``(B) identify factors affecting progress and 
                benchmarking comparisons;
                    ``(C) consider actions to improve the performance 
                and efficiency of programs, projects, and activities; 
                and
                    ``(D) hold leaders and managers accountable for 
                effective and efficient implementation and for 
                adjusting agency actions based on evolving evidence;
            ``(4) assist the head of the agency 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;
            ``(5) assist the head of the agency in overseeing the 
        implementation required under section 1120 of this title;
            ``(6) ensure that agency progress toward achievement of all 
        goals is communicated to leaders, managers, and employees in 
        the agency and Congress, and made public on the Internet; and
            ``(7) provide training for agency managers, program 
        directors, supervisors, and employees on how to use performance 
        targets, measure key performance indicators, assess programs, 
        and analyze data to improve performance.
    ``(b) Establishment and Operation of Performance Improvement 
Council.--
            ``(1) There is established in the executive branch a 
        Performance Improvement Council.
            ``(2) The Performance Improvement Council shall consist 
        exclusively of--
                    ``(A) the Deputy Director for Management of the 
                Office of Management and Budget, who shall serve as 
                Chair;
                    ``(B) such agency performance improvement officers 
                as determined appropriate by the Chair; and
                    ``(C) such other permanent employees of an agency 
                as determined appropriate by the Chair in consultation 
                with the agency concerned.
            ``(3) The Chair or the Chair's designee shall convene and 
        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.
            ``(4) To assist in implementing the requirements of 
        sections 1105, 1115, 1116, 1117, 1120, and the first 9703 of 
        this title and section 306 of title 5, the Performance 
        Improvement Council shall--
                    ``(A) 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 Chair may specify, recommendations concerning--
                            ``(i) performance management policies and 
                        requirements;
                            ``(ii) criteria for assessment of program, 
                        project, and activity performance; and
                            ``(iii) how the goals required by section 
                        1120(a) of this title can inform the Federal 
                        Government performance plan required by section 
                        1105(a)(28) of this title, and lead to improved 
                        results from and interagency coordination of 
                        programs that perform similar functions;
                    ``(B) facilitate the exchange among agencies of 
                information on performance management, including 
                strategic and annual planning and reporting, to 
                accelerate improvements in performance;
                    ``(C) monitor the performance assessment process 
                required under section 1120 of this title;
                    ``(D) facilitate keeping members and committees of 
                Congress and the public informed, and with such 
                assistance of heads of agencies and agency performance 
                improvement officers as the Director of the Office of 
                Management and Budget may require, provide members and 
                committees of Congress and the public with information 
                on the Internet on how well each agency performs and 
                that serves as a comprehensive source of information 
                on--
                            ``(i) agency strategic plans;
                            ``(ii) annual performance plans and annual 
                        performance reports;
                            ``(iii) performance information required 
                        under section 1120 (d) of this title;
                            ``(iv) the status of the implementation of 
                        performance assessments required under section 
                        1120 of this title;
                            ``(v) relevant impact and process 
                        assessments; and
                            ``(vi) consistent with the direction of the 
                        head of the agency concerned after consultation 
                        with the Director of the Office of Management 
                        and Budget, any publicly available reports by 
                        the agency's Inspector General concerning 
                        agency program performance;
                    ``(E) monitor implementation by agencies of the 
                policy set forth in sections 1115, 1116, 1117, 1120, 
                and the first 9703 of this title and section 306 of 
                title 5 and report thereon from time to time as 
                appropriate 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 such times and in such formats as the Chair 
                may specify, together with any recommendations of the 
                Council for more effective implementation of such 
                policy;
                    ``(F) obtain information and advice, as 
                appropriate, in a manner that seeks individual advice 
                and does not involve collective judgment or consensus 
                advice or deliberation, from--
                            ``(i) State, local, territorial, and tribal 
                        officials;
                            ``(ii) representatives of entities or other 
                        individuals; and
                            ``(iii) members and committees of Congress;
                    ``(G) coordinate with other interagency management 
                councils; and
                    ``(H) make recommendations to Congress on 
                duplicative, unused, or outdated performance policies 
                or reporting requirements.
            ``(5)(A) The Administrator of General Services shall 
        provide administrative and other support for the Council to 
        implement this section.
            ``(B) The heads of agencies shall provide, as appropriate 
        and to the extent permitted by law, such information and 
        assistance as the Chair may request to implement this section.
    ``(c) Additional Duties of the Council.--The Council--
            ``(1) shall develop a website for Federal agency 
        performance information;
            ``(2) shall link program performance information to program 
        spending information on the website www.USASpending.gov; and
            ``(3) shall submit a report to Congress on the feasibility 
        of creating a single web-based platform for all Government 
        spending information and all program performance 
        information.''.
    (b) Guidance.--Not later than 6 months after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget shall prescribe guidance to implement the requirements of 
section 1120 and 1121 of title 31, United States Code, as added by 
subsection (a).
    (c) Conforming and Clerical Amendments.--
            (1) Section 1115(g) of title 31, United States Code, is 
        amended by striking ``1119'' and inserting ``1121''.
            (2) The table of sections at the beginning of chapter 11 of 
        title 31, United States Code, is amended by adding at the end 
        the following:

``1121. Improving Government performance.''.

SEC. 8. ASSESSMENTS AND REPORTS.

    (a) Assessments.--
            (1) In general.--No less frequently than the first, third, 
        and fifth year after the date of the enactment of this Act, and 
        thereafter every three years and at such other times as may be 
        requested by Congress, the Comptroller General of the United 
        States shall assess the implementation of this Act by the 
        Director of the Office of Management and Budget and the 
        agencies decribed in section 901(b) of title 31, United States 
        Code, with emphasis on the matters specified in paragraph (2).
            (2) Matters to be assessed.--The matters to be assessed 
        under paragraph (1) shall include, with respect to the fiscal 
        year covered by the assessment:
                    (A) Whether the selection of goals, identified 
                pursuant to section 1120(a) of title 31, United States 
                Code, as added by section 5, and established pursuant 
                to section 1115 of such title, is tied to performance 
                outcomes that can be objectively assessed and measured 
                and have a high direct value to the public.
                    (B) The use of agency performance goals and 
                measures and program assessments to improve performance 
                and ensure taxpayer dollars are spent in an efficient 
                and effective manner, including the need to streamline 
                or enhance Federal programs or initiatives to maximize 
                the likelihood of accomplishing such performance goals.
                    (C) The use of agency performance goals, identified 
                pursuant to section 1120(a) of title 31, United States 
                Code, as added by section 5, and established pursuant 
                to section 1115 of such title, and measures to clearly 
                communicate performance priorities and results to the 
                public.
                    (D) How any revision of goals, identified pursuant 
                to section 1120(a) of title 31, United States Code, as 
                added by section 5, and established pursuant to section 
                1115 of such title, has contributed to the 
                effectiveness of agency and program performance.
                    (E) The tracking of program performance toward 
                achieving identified goals and the contribution of such 
                tracking to agency performance improvement.
                    (F) The use of input from Congress and the public 
                in the assessment of programs and in the identification 
                and assessment of goals.
                    (G) The use of the archive of information referred 
                to in section 1120(e)(3)(B) of title 31, United States 
                Code, to create a coherent, longitudinal picture of the 
                performance of agencies and programs over time.
                    (H) Best practices of agencies.
                    (I) Whether the annual performance plan established 
                pursuant to section 1115 of title 31, United States 
                Code, conforms with the requirements for such plans 
                described in paragraphs (1) through (11) of section 
                1115(a) of such title.
                    (J) The progress each agency has made in achieving 
                the goals identified pursuant to section 1120(a) of 
                title 31, United States Code, as added by section 5, 
                and established pursuant to section 1115 of such title.
    (b) Reports.--The Comptroller General shall consult with the 
Inspectors General when evaluating program and agency performance and 
shall submit to Congress a report on the results of each assessment 
conducted under subsection (a). The report shall include a list of 
recommendations on ways to improve the performance assessment and 
communication process and the operations of agency performance 
improvement officers and the Performance Improvement Council.
    (c) Effectiveness Assessment.--With respect to the evaluation 
conducted under subsection (a) in the third year after the date of the 
enactment of this Act, the Comptroller General shall include in the 
report relating to such evaluation submitted to Congress under this 
section the following:
            (1) an assessment of the effectiveness of this Act, and the 
        amendments made by this Act;
            (2) the impact of this Act on sections 1115, 1116, 1117, 
        and the first 9703 of title 31, United States Code, and section 
        306 of title 5, United States Code; and
            (3) any recommendations for improving the effectiveness of 
        sections 1115, 1116, 1117, and the first 9703 of title 31, 
        United States Code, and section 306 of title 5, United States 
        Code and reducing duplication.

SEC. 9. ADDITIONS TO PERFORMANCE PLAN.

    Section 1115(a) of title 31, United States Code, is amended--
            (1) in paragraph (5), by striking ``and'';
            (2) in paragraph (6), by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (6) the following new 
        paragraphs:
            ``(7) describe the existence and current scope of the 
        problem that the program is intended to address, defined as an 
        outcome that addresses the needs of the American people, not an 
        input (such as staffing or resources expended) or an 
        intermediate goal (such as teachers or police hired);
            ``(8) to the extent practicable, take into account the 
        other efforts (if any) being made in Federal, State or local 
        governments or the private sector to address the problem 
        described under paragraph (7) and the relative cost-
        effectiveness of such efforts;
            ``(9) if the program is not new, describe the amount of 
        funds expended in the previous year and state the progress made 
        in the previous year toward solving the problem described under 
        paragraph (7), including evidence of whether the problem is 
        increasing, decreasing, or staying the same;
            ``(10) describe the specific level of improvement expected 
        to be made toward addressing the problem described under 
        paragraph (7); and
            ``(11) state the long-term goal for the program and when 
        that goal is expected to be achieved or the problem described 
        under paragraph (7) reduced to an acceptable level.''.
            Amend the title so as to read: ``A bill 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.''.
                                                 Union Calendar No. 288

111th CONGRESS

  2d Session

                               H. R. 2142

                          [Report No. 111-504]

_______________________________________________________________________

                                 A BILL

  To require the review of Government programs at least once every 5 
 years for purposes of assessing their performance and improving their 
   operations, and to establish the Performance Improvement Council.

_______________________________________________________________________

                             June 14, 2010

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed