[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2142 Reported in Senate (RS)]
Calendar No. 678
111th CONGRESS
2d Session
H. R. 2142
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 17, 2010
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 7, 2010
Reported by Mr. Lieberman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Government Efficiency, Effectiveness, and Performance Improvement Act
of 2010''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings and purposes.
<DELETED>Sec. 3. Agency defined.
<DELETED>Sec. 4. Sense of Congress regarding the need for increased
consultation between Congress and Federal
agencies on performance management issues.
<DELETED>Sec. 5. Performance assessments.
<DELETED>Sec. 6. Strategic planning amendments.
<DELETED>Sec. 7. Improving Government performance.
<DELETED>Sec. 8. Assessments and reports.
<DELETED>Sec. 9. Additions to performance plan.
<DELETED>Sec. 10. Savings.
<DELETED>Sec. 11. Funding.
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Congressional policy making, spending
decisions, and program oversight have been handicapped by
insufficient attention to program performance and
results.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are as
follows:</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) Identification by agency leaders of
clear priorities and setting of outcome-focused,
measurable, ambitious targets for those
priorities.</DELETED>
<DELETED> (B) Regular goal-focused, data driven
performance assessments to measure progress and adjust
strategies.</DELETED>
<DELETED> (C) Accountability expectations that
encourage managers to innovate, informed by evidence
and analysis of experience.</DELETED>
<DELETED> (D) Transparent, coherent, and candid
communication of results.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) To establish agency performance improvement
officers to institutionalize and enhance the strategic and
performance management activities of Federal
agencies.</DELETED>
<DELETED>SEC. 3. AGENCY DEFINED.</DELETED>
<DELETED> In this Act, the term ``agency'' means an executive agency
as defined in section 306 of title 5, United States Code.</DELETED>
<DELETED>SEC. 4. SENSE OF CONGRESS REGARDING THE NEED FOR INCREASED
CONSULTATION BETWEEN CONGRESS AND FEDERAL AGENCIES ON
PERFORMANCE MANAGEMENT ISSUES.</DELETED>
<DELETED> 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).</DELETED>
<DELETED>SEC. 5. PERFORMANCE ASSESSMENTS.</DELETED>
<DELETED> (a) Requirement for Performance Assessments.--Chapter 11
of title 31, United States Code, is amended by adding at the end the
following new section:</DELETED>
<DELETED>``Sec. 1120. Performance assessments</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) rely on the agency's mission, strategic plan
and objectives, and statutory directives;</DELETED>
<DELETED> ``(2) consult with Congress, including each
appropriate committee of Congress;</DELETED>
<DELETED> ``(3) select goals that--</DELETED>
<DELETED> ``(A) clearly identify agency priorities
and have performance outcomes that can be clearly and
objectively assessed and measured;</DELETED>
<DELETED> ``(B) are ambitious targets that have high
direct value to the public;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(4) with respect to a subcomponent of the
agency, ensure the goals are consistent with the goals of the
entire agency.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(3) identify prospects and strategies for
performance improvement, including any needed changes to agency
programs or initiatives.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) coordinate with relevant personnel within
and outside the agency who contribute to the accomplishment of
the goals; and</DELETED>
<DELETED> ``(2) encourage innovation and hold leaders and
managers accountable for effective and efficient implementation
based on evidence and continuing analysis of
experience.</DELETED>
<DELETED> ``(d) Transparency of Goals and Performance Assessments.--
The Director of the Office of Management and Budget shall--</DELETED>
<DELETED> ``(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)--
</DELETED>
<DELETED> ``(A) a list of goals identified under
subsection (a) and reviewed by the Director;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) the methods that will be used to
make progress toward achieving the goals identified
under subparagraphs (A) and (B);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) the approach that will be used by
agencies to assess progress toward achieving the goals
identified under subparagraphs (A) and (B);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) The performance information related to the
assessments of goals in this section and section 1115 of this title
shall--</DELETED>
<DELETED> ``(A) include--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) a list of each program and agency
contributing to achievement of the goal and the time
frame for such contributions;</DELETED>
<DELETED> ``(iii) an assessment of the quality of
the performance measures, and the extent to which
necessary performance data are collected;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(v) contextual indicators that provide a
sense of external factors that can influence
performance trends related to key outcomes;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(viii) the process used by the agency to
assess progress made toward achieving the goals;
and</DELETED>
<DELETED> ``(ix) such other items and adjustments as
may be specified by the Director;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) The head of each agency shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) consider the relevant comments submitted
under subsection (d)(2).</DELETED>
<DELETED> ``(f) Classified Information.--(1) With respect to
performance assessments conducted during a fiscal year that contain
classified information, the President shall submit--</DELETED>
<DELETED> ``(A) each quarterly performance assessment
(including the classified information), to the appropriate
committees of Congress; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) any appendix described in subparagraph (B)
of paragraph (1).</DELETED>
<DELETED> ``(3) In this subsection, the term `classified
information' refers to matters described in section 552(b)(1)(A) of
title 5.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(i) Congressional Committees.--The congressional
committees described in this subsection are the following:</DELETED>
<DELETED> ``(1) The Committee on Oversight and Government
Reform of the House of Representatives.</DELETED>
<DELETED> ``(2) The Committee on Homeland Security and
Governmental Affairs of the Senate.</DELETED>
<DELETED> ``(3) The Committees on Appropriations of the
House of Representatives and the Senate.</DELETED>
<DELETED> ``(4) The Committees on the Budget of the House of
Representatives and the Senate.</DELETED>
<DELETED> ``(j) Definitions.--In this section:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Performance information.--The term
`performance information' means the results of assessments
conducted under this section.</DELETED>
<DELETED> ``(k) Construction.--Nothing in this section shall be
construed as requiring the head of an agency to perform impact
evaluations that estimate quantitatively, for one or more variables,
the effect a program or policy had compared to what may have otherwise
happened.''.</DELETED>
<DELETED> (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),''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``1120. Performance assessments.''.
<DELETED>SEC. 6. STRATEGIC PLANNING AMENDMENTS.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 7. IMPROVING GOVERNMENT PERFORMANCE.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 1121. Improving Government performance</DELETED>
<DELETED> ``(a) Duties of Agency Performance Improvement Officers.--
Subject to the direction of the head of the agency, each agency
performance improvement officer shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the performance targets required
under section 1115 of this title and the strategic
plans required under section 306 of title 5 are--
</DELETED>
<DELETED> ``(i) sufficiently aggressive
toward full achievement of the purposes of the
agency; and</DELETED>
<DELETED> ``(ii) realistic in light of
authority and resources provided for
operations; and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) identify factors affecting progress
and benchmarking comparisons;</DELETED>
<DELETED> ``(C) consider actions to improve the
performance and efficiency of programs, projects, and
activities; and</DELETED>
<DELETED> ``(D) hold leaders and managers
accountable for effective and efficient implementation
and for adjusting agency actions based on evolving
evidence;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(5) assist the head of the agency in overseeing
the implementation required under section 1120 of this
title;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Establishment and Operation of Performance
Improvement Council.--</DELETED>
<DELETED> ``(1) There is established in the executive branch
a Performance Improvement Council.</DELETED>
<DELETED> ``(2) The Performance Improvement Council shall
consist exclusively of--</DELETED>
<DELETED> ``(A) the Deputy Director for Management
of the Office of Management and Budget, who shall serve
as Chair;</DELETED>
<DELETED> ``(B) such agency performance improvement
officers as determined appropriate by the Chair;
and</DELETED>
<DELETED> ``(C) such other permanent employees of an
agency as determined appropriate by the Chair in
consultation with the agency concerned.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) performance management
policies and requirements;</DELETED>
<DELETED> ``(ii) criteria for assessment of
program, project, and activity performance;
and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) facilitate the exchange among
agencies of information on performance management,
including strategic and annual planning and reporting,
to accelerate improvements in performance;</DELETED>
<DELETED> ``(C) monitor the performance assessment
process required under section 1120 of this
title;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) agency strategic
plans;</DELETED>
<DELETED> ``(ii) annual performance plans
and annual performance reports;</DELETED>
<DELETED> ``(iii) performance information
required under section 1120 (d) of this
title;</DELETED>
<DELETED> ``(iv) the status of the
implementation of performance assessments
required under section 1120 of this
title;</DELETED>
<DELETED> ``(v) relevant impact and process
assessments; and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) State, local, territorial,
and tribal officials;</DELETED>
<DELETED> ``(ii) representatives of entities
or other individuals; and</DELETED>
<DELETED> ``(iii) members and committees of
Congress;</DELETED>
<DELETED> ``(G) coordinate with other interagency
management councils; and</DELETED>
<DELETED> ``(H) make recommendations to Congress on
duplicative, unused, or outdated performance policies
or reporting requirements.</DELETED>
<DELETED> ``(5)(A) The Administrator of General Services
shall provide administrative and other support for the Council
to implement this section.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Additional Duties of the Council.--The Council--
</DELETED>
<DELETED> ``(1) shall develop a website for Federal agency
performance information;</DELETED>
<DELETED> ``(2) shall link program performance information
to program spending information on the website
www.USASpending.gov; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Conforming and Clerical Amendments.--</DELETED>
<DELETED> (1) Section 1115(g) of title 31, United States
Code, is amended by striking ``1119'' and inserting
``1121''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``1121. Improving Government performance.''.
<DELETED>SEC. 8. ASSESSMENTS AND REPORTS.</DELETED>
<DELETED> (a) Assessments.--</DELETED>
<DELETED> (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 described in section 901(b) of title 31, United
States Code, with emphasis on the matters specified in
paragraph (2).</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (E) The tracking of program performance
toward achieving identified goals and the contribution
of such tracking to agency performance
improvement.</DELETED>
<DELETED> (F) The use of input from Congress and the
public in the assessment of programs and in the
identification and assessment of goals.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (H) Best practices of agencies.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Effectiveness Assessment.--With respect to the
assessment 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 assessment submitted to Congress
under this section the following:</DELETED>
<DELETED> (1) An assessment of the effectiveness of this
Act, and the amendments made by this Act.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 9. ADDITIONS TO PERFORMANCE PLAN.</DELETED>
<DELETED> Section 1115(a) of title 31, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (5), by striking
``and'';</DELETED>
<DELETED> (2) in paragraph (6), by striking the period and
inserting ``; and''; and</DELETED>
<DELETED> (3) by inserting after paragraph (6) the following
new paragraphs:</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(10) describe the specific level of improvement
expected to be made toward addressing the problem described
under paragraph (7); and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 10. SAVINGS.</DELETED>
<DELETED> Any savings or reductions in expenditures generated by
this Act shall be used to offset the costs of implementation of this
Act and any additional savings shall be used to offset the
deficit.</DELETED>
<DELETED>SEC. 11. FUNDING.</DELETED>
<DELETED> Agencies shall fund the reporting requirements of this Act
out of existing budgets and are authorized to make necessary
reprogramming of funds.</DELETED>
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.
Calendar No. 678
111th CONGRESS
2d Session
H. R. 2142
_______________________________________________________________________
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.
_______________________________________________________________________
December 7, 2010
Reported with an amendment