II 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.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Government Efficiency, Effectiveness, and Performance Improvement Act of 2010. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Agency defined. Sec. 4. Sense of Congress regarding the need for increased consultation between Congress and Federal agencies on performance management issues. Sec. 5. Performance assessments. Sec. 6. Strategic planning amendments. Sec. 7. Improving Government performance. Sec. 8. Assessments and reports. Sec. 9. Additions to performance plan. Sec. 10. Savings. Sec. 11. Funding.

2.

Findings and purposes

(a)

Findings

Congress finds the following: (1)Weaknesses in established management processes pertaining to the use of information about the performance of Federal agencies undermine the confidence of the American people in the Government and reduce the Federal Government’s ability to adequately address public needs. (2)To restore the confidence of the American people in its Government and to increase the Federal Government’s ability to adequately address vital public needs, the Federal Government must continually seek to improve the effectiveness, efficiency, and accountability of Federal programs. (3)With the passage of the Government Performance and Results Act of 1993, Congress directed the executive branch to seek improvements in the performance and accountability of Federal programs by having agencies focus on strategic objectives and annual results. (4)The requirements of the Government Performance and Results Act of 1993 have produced an infrastructure of outcome-oriented strategic plans, performance measures, and accountability reporting that serve as a solid foundation for agencies working with Congress to achieve long-term strategic goals and improve the performance of Federal programs; use of those plans and reports to improve outcomes has, however, been limited. (5)Congressional policy making, spending decisions, and program oversight have been handicapped by insufficient attention to program performance and results. (6)While improvements have been made in the development of outcome-oriented strategic plans, performance measures, and accountability reporting for individual programs, progress is still needed to ensure that agency leaders, employees, and delivery partners regularly use performance information to improve the effectiveness and efficiency of government operations and to communicate performance information coherently and candidly to inform congressional decision-making in conducting program authorization, appropriation, and oversight. (7)Regular performance assessments, complemented by periodic assessments of Federal programs, provide critical information on whether programs are achieving specific performance objectives, help Congress and the executive branch identify the most pressing policy and program issues, and determine if specific legislative, operational, financial, or strategic reforms are needed to increase program effectiveness and efficiency. (8)Programs performing similar or duplicative functions within a single agency or across multiple agencies should be identified and their performance and results shared among all such programs to improve coordination or possible consolidation and, ultimately, performance and results. (9)The performance reporting requirements of the Government Performance and Results Act of 1993, along with individual performance and accountability reporting requirements contained in legislation, are in some cases redundant, and steps should be taken to eliminate duplicative performance policies and to streamline outdated and unused reports. (b)

Purposes

The purposes of this Act are as follows: (1)To improve the Government Performance and Results Act of 1993 by implementing performance assessment processes that seek to assess Federal programs on a periodic basis with a particular focus on the following: (A)Identification by agency leaders of clear priorities and setting of outcome-focused, measurable, ambitious targets for those priorities. (B)Regular goal-focused, data driven performance assessments to measure progress and adjust strategies. (C)Accountability expectations that encourage managers to innovate, informed by evidence and analysis of experience. (D)Transparent, coherent, and candid communication of results. (2)To use relevant performance and related information to help agencies make informed management decisions, improve the effectiveness of agency and program operations (particularly for those programs, projects, and activities that are deemed poorly performing), and submit funding requests based on evidence and other relevant information. (3)To provide congressional policy makers with information needed to conduct more effective oversight and assist in the improvement of agency operations, and to make performance-informed and results-based authorization and appropriation decisions that improve the effectiveness of program operations. (4)To establish the Performance Improvement Council as a body that will assist in the development of performance measurement and management standards and assessment methodologies, identify best practices in Federal performance management, facilitate the exchange of information among agencies on these practices, and collaborate on and strengthen the effectiveness of agency performance improvement efforts. (5)To establish agency performance improvement officers to institutionalize and enhance the strategic and performance management activities of Federal agencies.

3.

Agency defined

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

4.

Sense of Congress regarding the need for increased consultation between Congress and Federal agencies on performance management issues

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

5.

Performance assessments

(a)

Requirement for performance assessments

Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section:

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. (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.

. (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. .

6.

Strategic planning amendments

(a)

Change in deadline for strategic plan

Subsection (a) of section 306 of title 5, United States Code, is amended by striking No later than September 30, 1997, and inserting Not later than September 30 of the second year following a year in which an election for President occurs, beginning with September 30, 2010,. (b)

Change in period of coverage of strategic plan

Subsection (b) of section 306 of title 5, United States Code, is amended to read as follows: (b)Each strategic plan shall cover the four-year period beginning on October 1 of the second year following a year in which an election for President occurs. .

7.

Improving Government performance

(a)

Improving government performance

Chapter 11 of title 31, United States Code, as amended by section 5, is further amended by adding at the end the following new section:

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. .

8.

Assessments and reports

(a)

Assessments

(1)

In general

No less frequently than the first, third, and fifth year after the date of the enactment of this Act, and thereafter every three years and at such other times as may be requested by Congress, the Comptroller General of the United States shall assess the implementation of this Act by the Director of the Office of Management and Budget and the agencies described 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 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: (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. (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.

9.

Additions to performance plan

Section 1115(a) of title 31, United States Code, is amended— (1)in paragraph (5), by striking and; (2)in paragraph (6), by striking the period and inserting ; and; and (3)by inserting after paragraph (6) the following new paragraphs: (7)describe the existence and current scope of the problem that the program is intended to address, defined as an outcome that addresses the needs of the American people, not an input (such as staffing or resources expended) or an intermediate goal (such as teachers or police hired); (8)to the extent practicable, take into account the other efforts (if any) being made in Federal, State or local governments or the private sector to address the problem described under paragraph (7) and the relative cost-effectiveness of such efforts; (9)if the program is not new, describe the amount of funds expended in the previous year and state the progress made in the previous year toward solving the problem described under paragraph (7), including evidence of whether the problem is increasing, decreasing, or staying the same; (10)describe the specific level of improvement expected to be made toward addressing the problem described under paragraph (7); and (11)state the long-term goal for the program and when that goal is expected to be achieved or the problem described under paragraph (7) reduced to an acceptable level. .

10.

Savings

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.

11.

Funding

Agencies shall fund the reporting requirements of this Act out of existing budgets and are authorized to make necessary reprogramming of funds.

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.

2.

Strategic planning amendments

Chapter 3 of title 5, United States Code, is amended by striking section 306 and inserting the following:

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.

.

3.

Performance planning amendments

Chapter 11 of title 31, United States Code, is amended by striking section 1115 and inserting the following:

1115.

Federal Government and agency performance plans

(a)

Federal Government performance 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.

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4.

Performance reporting amendments

Chapter 11 of title 31, United States Code, is amended by striking section 1116 and inserting the following:

1116.

Agency performance reporting

(a)The head of each agency shall make available on a public website of the agency and to the Office of Management and Budget an update on agency performance. (b)(1)Each update shall compare actual performance achieved with the performance goals established in the agency performance plan under section 1115(b) and shall occur no less than 150 days after the end of each fiscal year, with more frequent updates of actual performance on indicators that provide data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden. (2)If performance goals are specified in an alternative form under section 1115(c), the results shall be described in relation to such specifications, including whether the performance failed to meet the criteria of a minimally effective or successful program. (c)Each update shall— (1)review the success of achieving the performance goals and include actual results for the 5 preceding fiscal years; (2)evaluate the performance plan for the current fiscal year relative to the performance achieved toward the performance goals during the period covered by the update; (3)explain and describe where a performance goal has not been met (including when a program activity’s performance is determined not to have met the criteria of a successful program activity under section 1115(c)(1)(A)(ii) or a corresponding level of achievement if another alternative form is used)— (A)why the goal was not met; (B)those plans and schedules for achieving the established performance goal; and (C)if the performance goal is impractical or infeasible, why that is the case and what action is recommended; (4)describe the use and assess the effectiveness in achieving performance goals of any waiver under section 9703 of this title; (5)include a review of the performance goals and evaluation of the performance plan relative to the agency’s strategic human capital management; (6)describe how the agency ensures the accuracy and reliability of the data used to measure progress towards its performance goals, including an identification of— (A)the means used to verify and validate measured values; (B)the sources for the data; (C)the level of accuracy required for the intended use of the data; (D)any limitations to the data at the required level of accuracy; and (E)how the agency has compensated for such limitations if needed to reach the required level of accuracy; and (7)include the summary findings of those program evaluations completed during the period covered by the update. (d)If an agency performance update includes any program activity or information that is specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such Executive Order, the head of the agency shall make such information available in the classified appendix provided under section 1115(e). (e)The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of agency performance updates under this section shall be performed only by Federal employees. (f)Each fiscal year, the Office of Management and Budget shall determine whether the agency programs or activities meet performance goals and objectives outlined in the agency performance plans and submit a report on unmet goals to— (1)the head of the agency; (2)the Committee on Homeland Security and Governmental Affairs of the Senate; (3)the Committee on Oversight and Governmental Reform of the House of Representatives; and (4)the Government Accountability Office. (g)If an agency’s programs or activities have not met performance goals as determined by the Office of Management and Budget for 1 fiscal year, the head of the agency shall submit a performance improvement plan to the Office of Management and Budget to increase program effectiveness for each unmet goal with measurable milestones. The agency shall designate a senior official who shall oversee the performance improvement strategies for each unmet goal. (h)(1)If the Office of Management and Budget determines that agency programs or activities have unmet performance goals for 2 consecutive fiscal years, the head of the agency shall— (A)submit to Congress a description of the actions the Administration will take to improve performance, including proposed statutory changes or planned executive actions; and (B)describe any additional funding the agency will obligate to achieve the goal, if such an action is determined appropriate in consultation with the Director of the Office of Management and Budget, for an amount determined appropriate by the Director. (2)In providing additional funding described under paragraph (1)(B), the head of the agency shall use any reprogramming or transfer authority available to the agency. If after exercising such authority additional funding is necessary to achieve the level determined appropriate by the Director of the Office of Management and Budget, the head of the agency shall submit a request to Congress for additional reprogramming or transfer authority. (i)If an agency’s programs or activities have not met performance goals as determined by the Office of Management and Budget for 3 consecutive fiscal years, the Director of the Office of Management and Budget shall submit recommendations to Congress on actions to improve performance not later than 60 days after that determination, including— (1)reauthorization proposals for each program or activity that has not met performance goals; (2)proposed statutory changes necessary for the program activities to achieve the proposed level of performance on each performance goal; and (3)planned executive actions or identification of the program for termination or reduction in the President’s budget.

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5.

Federal Government and agency priority goals

Chapter 11 of title 31, United States Code, is amended by adding after section 1119 the following:

1120.

Federal Government and agency priority goals

(a)

Federal government priority goals

(1)The Director of the Office of Management and Budget shall coordinate with agencies to develop priority goals to improve the performance and management of the Federal Government. Such Federal Government priority goals shall include— (A)outcome-oriented goals covering a limited number of crosscutting policy areas; and (B)goals for management improvements needed across the Federal Government, including— (i)financial management; (ii)human capital management; (iii)information technology management; (iv)procurement and acquisition management; and (v)real property management; (2)The Federal Government priority goals shall be long-term in nature. At a minimum, the Federal Government priority goals shall be updated or revised every 4 years and made publicly available concurrently with the submission of the budget of the United States Government made in the first full fiscal year following any year in which the term of the President commences under section 101 of title 3. As needed, the Director of the Office of Management and Budget may make adjustments to the Federal Government priority goals to reflect significant changes in the environment in which the Federal Government is operating, with appropriate notification of Congress. (3)When developing or making adjustments to Federal Government priority goals, the Director of the Office of Management and Budget shall consult periodically with the Congress, including obtaining majority and minority views from— (A)the Committees on Appropriations of the Senate and the House of Representatives; (B)the Committees on the Budget of the Senate and the House of Representatives; (C)the Committee on Homeland Security and Governmental Affairs of the Senate; (D)the Committee on Oversight and Government Reform of the House of Representatives; (E)the Committee on Finance of the Senate; (F)the Committee on Ways and Means of the House of Representatives; and (G)any other committees as determined appropriate; (4)The Director of the Office of Management and Budget shall consult with the appropriate committees of Congress at least once every 2 years. (5)The Director of the Office of Management and Budget shall make information about the Federal Government priority goals available on the website described under section 1122 of this title. (6)The Federal Government performance plan required under section 1115(a) of this title shall be consistent with the Federal Government priority goals. (b)

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.

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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:

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.

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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:

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.

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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:

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.

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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:

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.

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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.

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:

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.

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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.

13.

Technical and conforming amendments

(a)The table of contents for chapter 3 of title 5, United States Code, is amended by striking the item relating to section 306 and inserting the following: 306. Agency strategic plans. . (b)The table of contents for chapter 11 of title 31, United States Code, is amended by striking the items relating to section 1115 and 1116 and inserting the following: 1115. Federal Government and agency performance plans. 1116. Agency performance reporting. . (c)The table of contents for chapter 11 of title 31, United States Code, is amended by adding at the end the following: 1120. Federal Government and agency priority goals. 1121. Quarterly priority progress reviews and use of performance information. 1122. Transparency of programs, priority goals, and results. 1123. Chief Operating Officers. 1124. Performance Improvement Officers and the Performance Improvement Council. 1125. Elimination of unnecessary agency reporting. .

14.

Implementation of this Act

(a)

Interim planning and reporting

(1)

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.

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.

December 7, 2010 Reported with an amendment