1.Short
title; table of contents
(a)This Act may be cited
as the GPRA Modernization Act of
2010
.
(b)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 Reducing duplicative and outdated agency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 amendmentsChapter 3
of title 5, United States Code, is amended by striking section 306 and
inserting the following:
306.
(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 amendmentsChapter 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 plansIn 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)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)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 activitiesFor 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)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 functionsThe 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 OfficersWith 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)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.
.
4.Performance
reporting amendmentsChapter
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 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.
.
5.Federal
Government and agency priority goalsChapter 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)
(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.
.
6.Quarterly
priority progress reviews and use of performance informationChapter 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
goalsNot 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 goalsNot 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.
.
7.Transparency of
Federal government programs, priority goals, and resultsChapter 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)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
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 resultsThe 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 resultsThe 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)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.
.
8.Agency Chief
Operating OfficersChapter 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.
(a)At
each agency, the deputy head of agency, or equivalent, shall be the Chief
Operating Officer of the agency.
(b)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.
.
9.Agency
Performance Improvement Officers and the Performance Improvement
CouncilChapter 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)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)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)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)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)
(A)The Administrator of General Services shall provide
administrative and other support for the Council to implement this
section.
(B)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.
.
10.Format of
performance plans and reports
(a)Searchable,
machine-Readable plans and reportsFor 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)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)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)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)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 reportingChapter 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 reportsAnnually, 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)
(1)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)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 reportsIn 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.
.
12.Performance
management skills and competencies
(a)Performance
management skills and competenciesNot 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)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 trainingNot 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)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)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)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)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)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)
(1)Interim
planning and reporting evaluationNot 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)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)
(i)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)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)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)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)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.