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.

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.

Agency defined

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

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).

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:

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.

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.

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:

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.

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.

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.