[Congressional Record Volume 156, Number 90 (Wednesday, June 16, 2010)]
[House]
[Pages H4553-H4559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1430
 GOVERNMENT EFFICIENCY, EFFECTIVENESS, AND PERFORMANCE IMPROVEMENT ACT 
                                OF 2010

  Ms. WATSON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 2142) to require the review of Government programs at least 
once every 5 years for purposes of assessing their performance and 
improving their operations, and to establish the Performance 
Improvement Council, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2142

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Government 
     Efficiency, Effectiveness, and Performance Improvement Act of 
     2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

     SEC. 2. FINDINGS AND PURPOSES.

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

[[Page H4554]]

       (3) To provide congressional policy makers with information 
     needed to conduct more effective oversight and assist in the 
     improvement of agency operations, and to make performance-
     informed and results-based authorization and appropriation 
     decisions that improve the effectiveness of program 
     operations.
       (4) To establish the Performance Improvement Council as a 
     body that will assist in the development of performance 
     measurement and management standards and assessment 
     methodologies, identify best practices in Federal performance 
     management, facilitate the exchange of information among 
     agencies on these practices, and collaborate on and 
     strengthen the effectiveness of agency performance 
     improvement efforts.
       (5) To establish agency performance improvement officers to 
     institutionalize and enhance the strategic and performance 
     management activities of Federal agencies.

     SEC. 3. AGENCY DEFINED.

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

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

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

     SEC. 5. PERFORMANCE ASSESSMENTS.

       (a) Requirement for Performance Assessments.--Chapter 11 of 
     title 31, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 1120. Performance assessments

       ``(a) Identification of High-priority Performance Goals.--
     For the purpose of improving agency performance, the head of 
     each Federal agency, in consultation with the Director of the 
     Office of Management and Budget, shall identify near-term and 
     long-term high-priority goals for purposes of this section. 
     In identifying such goals, the head of the agency shall--
       ``(1) rely on the agency's mission, strategic plan and 
     objectives, and statutory directives;
       ``(2) consult with Congress, including each appropriate 
     committee of Congress;
       ``(3) select goals that--
       ``(A) clearly identify agency priorities and have 
     performance outcomes that can be clearly and objectively 
     assessed and measured;
       ``(B) are ambitious targets that have high direct value to 
     the public;
       ``(C) involve indicators for which the agency can collect 
     reliable and timely data that may be used in performance 
     assessments to measure progress and adjust strategies; and
       ``(D) involve multiple programs, including programs within 
     and across multiple agencies that are performing similar 
     functions, serve similar populations, have similar purposes, 
     or share common objectives, for purposes of identifying 
     common challenges, exemplary goals and practices, common 
     measures of performance, and potential opportunities for more 
     effective and efficient means of achieving goals, including 
     through the integration and consolidation of Federal 
     functions; and
       ``(4) with respect to a subcomponent of the agency, ensure 
     the goals are consistent with the goals of the entire agency.
       ``(b) Performance Assessments.--The head of each Federal 
     agency, in consultation with the Director of the Office of 
     Management and Budget, shall, not less often than quarterly 
     for high-priority goals identified in subsection (a), and on 
     a semi-annual basis for performance goals established 
     pursuant to section 1115(a)(1) of this title--
       ``(1) assess progress toward achieving the goals identified 
     under subsection (a) and toward achieving the annual 
     performance goals for each program activity established 
     pursuant to section 1115(a)(1) of this title;
       ``(2) assess whether relevant agency programs and 
     initiatives are contributing as expected toward the goals 
     identified under subsection (a) and the annual performance 
     goals for each program activity established pursuant to 
     section 1115(a)(1) of this title; and
       ``(3) identify prospects and strategies for performance 
     improvement, including any needed changes to agency programs 
     or initiatives.
       ``(c) Performance Assessment Requirements.--In conducting 
     an assessment of agency progress toward achieving the goals 
     identified under subsection (a) and toward achieving the 
     annual performance goals for each program activity 
     established pursuant to section 1115(a)(1) of this title, the 
     head of a Federal agency, in consultation with the Director 
     of the Office of Management and Budget, shall--
       ``(1) coordinate with relevant personnel within and outside 
     the agency who contribute to the accomplishment of the goals; 
     and
       ``(2) encourage innovation and hold leaders and managers 
     accountable for effective and efficient implementation based 
     on evidence and continuing analysis of experience.
       ``(d) Transparency of Goals and Performance Assessments.--
     The Director of the Office of Management and Budget shall--
       ``(1) make available, as part of the President's budget 
     submission and through the Office of Management and Budget 
     website and other relevant websites, and provide to the 
     congressional committees described in subsection (i)--
       ``(A) a list of goals identified under subsection (a) and 
     reviewed by the Director;
       ``(B) consistent with section 1115 of this title, annual 
     goals defined by objectively measurable outcomes for each 
     program administered in whole or in part by the agency;
       ``(C) the methods that will be used to make progress toward 
     achieving the goals identified under subparagraphs (A) and 
     (B);
       ``(D) the expected contribution that different agency 
     programs and initiatives will make toward achieving the goals 
     identified under subparagraphs (A) and (B) and the expected 
     timeline for achieving those goals; and
       ``(E) the approach that will be used by agencies to assess 
     progress toward achieving the goals identified under 
     subparagraphs (A) and (B);
       ``(2) provide a mechanism for interested persons, including 
     the general public and members and committees of Congress, to 
     submit comments on the goals being assessed under subsection 
     (a) and the annual performance goals for each program 
     activity established pursuant to section 1115(a)(1) of this 
     title and the methods that will be used to make progress 
     toward achieving those goals;
       ``(3) provide a mechanism for agency delivery to and 
     consideration of comments provided under paragraph (2) by 
     each relevant agency and adjustment of goals under subsection 
     (a) and the annual performance goals for each program 
     activity established pursuant to section 1115(a)(1) of this 
     title based on the comments, with approval of the Director; 
     and
       ``(4) make available through the Office of Management and 
     Budget website a summary of comments received under paragraph 
     (2), any adjustment of goals under paragraph (3), and any 
     changes to goals required by the Office of Management and 
     Budget.
       ``(e) Transparency of Performance Results.--(1) The head of 
     an agency shall ensure that all results of the assessments 
     conducted under this section by the agency during a fiscal 
     year shall be readily accessible to and easily found on the 
     Internet by the public and members and committees of Congress 
     in a searchable, machine readable format, in accordance with 
     guidance provided by the Director of the Office of Management 
     and Budget that ensures such information is provided in a way 
     that presents a coherent picture of the performance of 
     Federal agencies. At a minimum, the results of the 
     assessments conducted under this section shall be available 
     on the website of the Office of Management and Budget and 
     also may be made available on any other website considered 
     appropriate by the agency or the Director. The Director shall 
     also notify the appropriate committees of Congress when 
     quarterly assessments become available on the Internet.
       ``(2) The performance information related to the 
     assessments of goals in this section and section 1115 of this 
     title shall--
       ``(A) include--
       ``(i) a brief summary of the problem or opportunity being 
     addressed and reasons for identifying these agency goals as 
     well as key findings of the assessments;
       ``(ii) a list of each program and agency contributing to 
     achievement of the goal and the time frame for such 
     contributions;
       ``(iii) an assessment of the quality of the performance 
     measures, and the extent to which necessary performance data 
     are collected;
       ``(iv) a description of how leaders and managers are held 
     accountable for achieving program results, and the extent to 
     which strong financial management tools are in place;
       ``(v) contextual indicators that provide a sense of 
     external factors that can influence performance trends 
     related to key outcomes;
       ``(vi) as appropriate, indicators that provide information 
     about the population being served and to the extent possible, 
     the impact on disadvantaged and minority communities and 
     individuals;
       ``(vii) factors affecting the performance of programs, 
     projects, and activities and how they are impeding or 
     contributing to failures or successes of the programs, 
     projects, and activities, and the reasons for any substantial 
     variation from the targeted level of achievement of the 
     goals;
       ``(viii) the process used by the agency to assess progress 
     made toward achieving the goals; and
       ``(ix) such other items and adjustments as may be specified 
     by the Director;
       ``(B) describe the extent to which any trends, 
     developments, or emerging conditions affect the need to 
     change the mission of programs being carried out to achieve 
     the goal;
       ``(C) identify, as part of any performance assessment, 
     practices that resulted in positive outcomes, and the key 
     reasons why such practices resulted in positive outcomes; and
       ``(D) include recommendations for actions to improve 
     results, including opportunities that might exist for the 
     coordination, consolidation, or integration of programs to 
     improve service or generate cost savings.
       ``(3) The head of each agency shall--
       ``(A) use, as necessary and appropriate, a variety of 
     assessment methods to support performance assessments, 
     including methods contained in reports from evaluation 
     centers, in assessments by States, and in available Federal 
     program assessments;
       ``(B) maintain an archive of information required to be 
     disclosed under this section

[[Page H4555]]

     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.''.

     SEC. 6. STRATEGIC PLANNING AMENDMENTS.

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

     SEC. 7. IMPROVING GOVERNMENT PERFORMANCE.

       (a) Improving Government Performance.--Chapter 11 of title 
     31, United States Code, as amended by section 5, is further 
     amended by adding at the end the following new section:

     ``Sec. 1121. Improving Government performance

       ``(a) Duties of Agency Performance Improvement Officers.--
     Subject to the direction of the head of the agency, each 
     agency performance improvement officer shall--
       ``(1) advise and assist the head of the executive agency 
     and other agency officials to ensure that the mission of the 
     executive agency is achieved through performance planning, 
     measurement, analysis, and regular assessment of progress, 
     including the requirements of this section and sections 1115, 
     1116, 1117, 1120, and the first 9703 of this title and 
     section 306 of title 5;
       ``(2) advise the head of the agency on the selection of 
     agency goals, including opportunities to collaborate with 
     other agencies on common goals, and on whether--
       ``(A) the performance targets required under section 1115 
     of this title and the strategic plans required under section 
     306 of title 5 are--
       ``(i) sufficiently aggressive toward full achievement of 
     the purposes of the agency; and
       ``(ii) realistic in light of authority and resources 
     provided for operations; and
       ``(B) means for measurement of progress toward achievement 
     of the goals are sufficiently rigorous, aligned to outcomes, 
     useful, and accurate as appropriate to the intended use of 
     the measures;
       ``(3) support the head of the agency, agency Deputy 
     Secretary, or such other agency senior official designated by 
     the head of the agency in the conduct of at least quarterly 
     performance assessments, while strengthening the performance 
     management activities of the entire agency (including 
     subcomponents) through at least quarterly performance 
     assessments to--
       ``(A) assess progress toward achievement of the goals 
     administered in whole or in part by the agency, as well as 
     any goals common to that agency and other agencies;
       ``(B) identify factors affecting progress and benchmarking 
     comparisons;
       ``(C) consider actions to improve the performance and 
     efficiency of programs, projects, and activities; and
       ``(D) hold leaders and managers accountable for effective 
     and efficient implementation and for adjusting agency actions 
     based on evolving evidence;
       ``(4) assist the head of the agency in the development and 
     use within the agency of performance measures in personnel 
     performance appraisals, and, as appropriate, other agency 
     personnel and planning processes and assessments;
       ``(5) assist the head of the agency in overseeing the 
     implementation required under section 1120 of this title;
       ``(6) ensure that agency progress toward achievement of all 
     goals is communicated to leaders, managers, and employees in 
     the agency and Congress, and made public on the Internet; and
       ``(7) provide training for agency managers, program 
     directors, supervisors, and employees on how to use 
     performance targets, measure key performance indicators, 
     assess programs, and analyze data to improve performance.
       ``(b) Establishment and Operation of Performance 
     Improvement Council.--
       ``(1) There is established in the executive branch a 
     Performance Improvement Council.
       ``(2) The Performance Improvement Council shall consist 
     exclusively of--
       ``(A) the Deputy Director for Management of the Office of 
     Management and Budget, who shall serve as Chair;
       ``(B) such agency performance improvement officers as 
     determined appropriate by the Chair; and
       ``(C) such other permanent employees of an agency as 
     determined appropriate by the Chair in consultation with the 
     agency concerned.
       ``(3) The Chair or the Chair's designee shall convene and 
     preside at the meetings of the Performance Improvement 
     Council, determine its agenda, direct its work, and establish 
     and direct subgroups of the Performance Improvement Council, 
     as appropriate to deal with particular subject matters.
       ``(4) To assist in implementing the requirements of 
     sections 1105, 1115, 1116, 1117, 1120, and the first 9703 of 
     this title and section 306 of title 5, the Performance 
     Improvement Council shall--
       ``(A) develop and submit to the Director of the Office of 
     Management and Budget, or when appropriate to the President 
     through the Director of the Office of Management and Budget, 
     at times and in such formats as the Chair may specify, 
     recommendations concerning--
       ``(i) performance management policies and requirements;
       ``(ii) criteria for assessment of program, project, and 
     activity performance; and
       ``(iii) how the goals required by section 1120(a) of this 
     title can inform the Federal Government performance plan 
     required by section 1105(a)(28) of this title, and lead to 
     improved results from and interagency coordination of 
     programs that perform similar functions;
       ``(B) facilitate the exchange among agencies of information 
     on performance management, including strategic and annual 
     planning and reporting, to accelerate improvements in 
     performance;
       ``(C) monitor the performance assessment process required 
     under section 1120 of this title;
       ``(D) facilitate keeping members and committees of Congress 
     and the public informed, and with such assistance of heads of 
     agencies and agency performance improvement officers as the 
     Director of the Office of Management and Budget may require, 
     provide members and committees of Congress and the public 
     with information on the Internet on how well each agency 
     performs and that serves as a comprehensive source of 
     information on--
       ``(i) agency strategic plans;
       ``(ii) annual performance plans and annual performance 
     reports;

[[Page H4556]]

       ``(iii) performance information required under section 1120 
     (d) of this title;
       ``(iv) the status of the implementation of performance 
     assessments required under section 1120 of this title;
       ``(v) relevant impact and process assessments; and
       ``(vi) consistent with the direction of the head of the 
     agency concerned after consultation with the Director of the 
     Office of Management and Budget, any publicly available 
     reports by the agency's Inspector General concerning agency 
     program performance;
       ``(E) monitor implementation by agencies of the policy set 
     forth in sections 1115, 1116, 1117, 1120, and the first 9703 
     of this title and section 306 of title 5 and report thereon 
     from time to time as appropriate to the Director of the 
     Office of Management and Budget, or when appropriate to the 
     President through the Director of the Office of Management 
     and Budget, at such times and in such formats as the Chair 
     may specify, together with any recommendations of the Council 
     for more effective implementation of such policy;
       ``(F) obtain information and advice, as appropriate, in a 
     manner that seeks individual advice and does not involve 
     collective judgment or consensus advice or deliberation, 
     from--
       ``(i) State, local, territorial, and tribal officials;
       ``(ii) representatives of entities or other individuals; 
     and
       ``(iii) members and committees of Congress;
       ``(G) coordinate with other interagency management 
     councils; and
       ``(H) make recommendations to Congress on duplicative, 
     unused, or outdated performance policies or reporting 
     requirements.
       ``(5)(A) The Administrator of General Services shall 
     provide administrative and other support for the Council to 
     implement this section.
       ``(B) The heads of agencies shall provide, as appropriate 
     and to the extent permitted by law, such information and 
     assistance as the Chair may request to implement this 
     section.
       ``(c) Additional Duties of the Council.--The Council--
       ``(1) shall develop a website for Federal agency 
     performance information;
       ``(2) shall link program performance information to program 
     spending information on the website www.USASpending.gov; and
       ``(3) shall submit a report to Congress on the feasibility 
     of creating a single web-based platform for all Government 
     spending information and all program performance 
     information.''.
       (b) Guidance.--Not later than 6 months after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget shall prescribe guidance to implement 
     the requirements of section 1120 and 1121 of title 31, United 
     States Code, as added by subsection (a).
       (c) Conforming and Clerical Amendments.--
       (1) Section 1115(g) of title 31, United States Code, is 
     amended by striking ``1119'' and inserting ``1121''.
       (2) The table of sections at the beginning of chapter 11 of 
     title 31, United States Code, is amended by adding at the end 
     the following:

``1121. Improving Government performance.''.

     SEC. 8. ASSESSMENTS AND REPORTS.

       (a) Assessments.--
       (1) In general.--No less frequently than the first, third, 
     and fifth year after the date of the enactment of this Act, 
     and thereafter every three years and at such other times as 
     may be requested by Congress, the Comptroller General of the 
     United States shall assess the implementation of this Act by 
     the Director of the Office of Management and Budget and the 
     agencies 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; and
       (3) any recommendations for improving the effectiveness of 
     sections 1115, 1116, 1117, and the first 9703 of title 31, 
     United States Code, and section 306 of title 5, United States 
     Code and reducing duplication.

     SEC. 9. ADDITIONS TO PERFORMANCE PLAN.

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

     SEC. 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.

     SEC. 11. FUNDING.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Watson) and the gentleman from Utah (Mr. Chaffetz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. WATSON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. WATSON. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in strong support of H.R. 2142, the 
Government Efficiency, Effectiveness, and Performance Improvement Act, 
by Congressman Cuellar. In short, I believe the measure before us would 
strengthen the oversight and policy processes in place for evaluating 
the effectiveness of agency programs. The issue of performance-based 
budgeting has been long viewed as the next step

[[Page H4557]]

to pursuing a comprehensive framework for managing agency resources and 
justifying our program funding decisions.
  These issues were discussed extensively during the Subcommittee on 
Government Management, Organization, and Procurement's hearings on H.R. 
2142, this past April, as well as during our subcommittee markup on May 
5. As a result of these efforts, I believe the bill before us is a more 
nimble and effective tool for agency performance measurement activity. 
Developing valuable performance and evaluation criteria is a difficult 
and time-consuming process, but I believe the bill before us will push 
our agencies to more ably identify pertinent goals for measuring a 
program's true value.
  I want to thank all the relevant stakeholders who participated in the 
development of and the modifications to the bill that is before us 
today. I definitely want to thank Congressman Cuellar and Chairman 
Towns for their hard work and diligence in the development of H.R. 
2142, and I would ask my colleagues to support this measure. I also 
want to thank the staff for their hard work and the time they have 
spent trying to bring to the floor this particular very important 
measure.
  With that, Madam Speaker, I reserve the balance of my time.
  Mr. CHAFFETZ. Madam Speaker, I yield such time as he may consume to 
my distinguished colleague from Pennsylvania (Mr. Platts).
  Mr. PLATTS. Madam Speaker, I rise in strong support of this 
legislation, which takes important steps to eliminate Federal 
Government waste and inefficiencies. I served as the chairman of the 
Oversight and Government Reform Subcommittee on Government Management, 
Finance, and Accountability for 4 years, where I focused my efforts on 
making the Federal Government more accountable. My subcommittee held 
numerous hearings in which, all too often, accounting errors such as 
overpayment for services or redundant payments were discovered or where 
programs were not effectively fulfilling their intended mission.
  At a time when the national debt is over $13 trillion, it has never 
been more apparent that the Federal Government must spend tax dollars 
wisely. Federal programs must be monitored to ensure that our 
investments are presenting clear results and that those programs that 
are not performing effectively must be reformed or eliminated.
  One of the reasons that we find ourselves in such a substantial debt 
today is that Federal programs never end. Both high-performing and low-
performing programs continue on year after year after year, often with 
increasing funds. The Federal Government needs a clear evaluation 
process for each program, the results of which would be used to provide 
Members of this House with the information needed to determine which 
programs should continue and which should not.
  The legislation we are considering here today, similar to legislation 
that I introduced in the 108th and 109th Sessions of Congress, would 
require that all Federal agencies work with the Office of Management 
and Budget, OMB, to clearly identify outcome-based goals and then 
submit an action plan to achieve these goals. Agencies would be 
required to conduct quarterly performance assessments outlining how 
effectively they are working to meet the stated goals, and all 
information would be available to Members of the House and Senate and 
the American people.
  In addition the Government Accountability Office, GAO, would be 
tasked with performing frequent and detailed evaluations outlining how 
effective each agency has been in achieving their goals. GAO would also 
assess whether the goals are appropriate and determine if the program 
is providing direct value to the American people. This impartial review 
of Federal programs will assure that agencies are being good stewards 
of our Federal taxpayer dollars.
  I strongly commend my colleague, Representative Cuellar, for 
introducing this bill to ensure that Federal resources are spent 
efficiently and that waste is minimized. Now more than ever, while 
American families are cutting extraneous expenses from their budgets, 
the Federal Government must do the same. I hope that all of my 
colleagues will join me in supporting this important effort. I urge a 
``yes'' vote.
  Ms. WATSON. Madam Speaker, I would now like to yield 2 minutes to the 
gentleman from Texas (Mr. Cuellar).
  Mr. CUELLAR. Thank you very much, Madam Chair, for the leadership 
that both you and Chairman Towns have provided in the Committee on 
Oversight and Government Reform, and, of course, your staff that has 
worked so hard on making sure that we get this passed. My staff also 
has worked very, very hard on this.
  On the committee, also, I certainly want to thank Ranking Member Issa 
for his input and for his amendments also that we accepted and, of 
course, his staff also for getting this work done.
  I certainly want to thank the other stakeholders--GAO, CRS, CAP, OMB, 
the Blue Dog Coalition, and other folks that have worked to make this 
into a bipartisan bill.
  In particular, I want to point out my friend, Todd Platts, who has 
been working on this particular bill the last few sessions, building 
the foundation. And we went and looked at his bill, looked at some of 
the other things we were working on, and we put it together as a 
bipartisan bill.
  H.R. 2142 creates a results-oriented government; a government that 
works with the people in a commonsense concept that emphasizes a couple 
of things: One, increases government accountability while Federal 
agencies must identify cost-cutting, outcome-based goals that have a 
direct impact on the American people; shines light on ineffective 
Federal programs to root out wasteful spending, where they're held 
accountable where they have to provide those goals every quarter; and 
more importantly, senior management will be held accountable for this 
work.
  GAO oversight on the use of taxpayers' dollars to slash wasteful 
spending requires the GAO to perform frequent, detailed evaluations of 
the agency implementation of this legislation.
  And, finally, if I can say this, it will not add to the Federal 
deficit. As you know, the CBO says that it does not affect the direct 
spending or revenues. Moreover, discretionary costs will be offset by 
saving from a ``more effective management of agency-lowered costs.''
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. WATSON. I yield the gentleman an additional 15 seconds.
  Mr. CUELLAR. Just to conclude, we added some specific language that 
says, ``Agencies shall fund the reporting requirements of this Act out 
of the existing budgets and authorized to make any necessary 
reprogramming of funds.'' So this addresses the issues of Mr. Chaffetz 
and some other folks, and I think this will be a good bill that we can 
all support in a bipartisan way.
  Mr. CHAFFETZ. Madam Speaker, I yield myself such time as I may 
consume.
  We're currently dealing with a stalled economy, high unemployment, 
record budget deficits, and a debt that seems insurmountable. The 
challenge this Congress faces cannot be more clear. We must cut 
wasteful spending. We have to do it. We have no other choice. The 
Federal Government's spending to reduce our Nation's debt is paramount 
to our successful future. If we want to be the world's economic and 
military super power, we're going to have to change the way we do 
business in Washington, D.C.
  Now performance-based budgeting can be an effective tool to do just 
that. It can make clear what Federal programs are not performing and 
then spell out what Federal programs are duplicative in nature. But 
performance-based budgeting dictates that we identify the problem and 
enact a solution. It's not enough to just recognize there's a problem. 
Most all of us can step forward and say we're spending too much money. 
But the core question becomes, What are the changes that we're going to 
make?
  One of the challenges that we see within the bill is that it's not 
necessarily performance-based budgeting because the question becomes, 
ultimately, What are you going to do about it? It sets out to diagnosis 
a problem that we already know exists but does not necessarily follow 
through and prescribe a cure. We know that there are duplicative and 
nonperforming Federal programs. We know this. We need to finish the job 
and actually cut those programs. To be complete, the bill must do just 
that. In its

[[Page H4558]]

current form, this bill does not necessarily help us rein in these 
programs.
  For example, just last week, our Information Policy Subcommittee held 
a hearing on the National Historical Publications and Records 
Commission, a program which appears to give grants that are duplicative 
of grants in the National Archives and Records Administration. I 
questioned then, and I ask it again today, Why should we continue to 
fund this duplicative program? It costs the committee nothing to find 
this duplication, so why, if we cannot trim $10 million of Federal 
spending without a penny, then why should we authorize $150 million to 
be spent? What exactly do we expect for it to bring in return?
  The Congressional Budget Office estimates that this bill will cause 
the Federal Government to spend $150 million to determine what many 
people already know. We have Federal Government programs which are 
nonperforming and duplicative, but the bill before us leaves wasteful 
programs intact.
  As we came to the floor, one of the amendments that was offered, and 
I really, truly do appreciate, the sponsor of the bill, Mr. Cuellar 
added some language that says, ``Agencies shall fund the reporting 
requirements of this act out of existing budgets and are authorized to 
make necessary reprogramming of funds.''
  I sincerely appreciate it in every way, shape, or form. This goes a 
huge way to making this palatable to a lot of conservatives that are 
concerned about spending an additional $150 million. I still question 
why it takes so much money for people to just do the jobs that they're 
supposed to do. But please know the sincerity in which the sponsor is 
offering this is greatly appreciated in every way, shape, or form. It's 
done in the right spirit. I think it goes a huge way to causing a lot 
of people to support this, particularly from the Republican side of the 
aisle. I cannot thank you enough for the attitude and the approaching 
and the actual listening to that. For that, we're very thankful.
  I do wish that this bill would come under a rule--an open rule. It's 
hard to believe, but as a freshman in this United States Congress, I 
will likely go through my entire freshman Congress, the 111th Congress, 
having never experienced even once an open rule on the floor of the 
House of Representatives. That's a shame. That's a shame. There should 
be a way for a mechanism where this bill is brought under a rule, an 
open rule, where Members on both sides of the aisle can offer 
amendments and we can vote on those amendments. Unfortunately, that's 
not going to happen.
  We should not necessarily pass a bill that does not have tough 
enforcement mechanisms. We can and must do better than this. This body 
must make tough choices to eliminate wasteful government spending. It 
should not pass legislation with great titles--A-plus on the titles 
you're giving these bills. They're good. Who's going to vote against 
efficiency, effectiveness, and performance. But it doesn't necessarily 
reflect what's in the body of the bill.

                              {time}  1445

  My colleague Aaron Schock from Illinois offered a great amendment in 
the committee that was shot down which would put a sunsetting provision 
in programs that are not performing. In the previous administration, 
there was a Web site called expectmore.gov. It did an assessment of 
programs. It was pushed by the Office of Management and Budget. It had 
dashboard indicators as to how these programs that were instituted by 
Congress, how they were performing based on their own set of criteria 
that was set in advance. It allowed the American people to actually 
have exposure.
  Unfortunately, expectmore.gov under the current administration is no 
longer maintained. The information is not up to date; and, 
consequently, the American people do not have access to the information 
that they do deserve. I would encourage the administration and 
supporters from both sides of the aisle to reinstitute this Web site.
  I want to conclude by quoting Office of Management and Budget 
director Peter Orszag. On May 24 this year, Mr. Orszag said, ``We 
should never tolerate taxpayer dollars going to programs that are 
duplicative or ineffective. Because, especially in this current fiscal 
environment, we cannot afford this waste.'' He is right. He is 
absolutely right. We cannot afford to let these programs go on, and 
Congress needs to step to the plate and do something about it. So I do 
appreciate the amendment that was offered that will go a long way to 
getting a lot of different support. I do just wish this bill would come 
under a rule.
  I reserve the balance of my time, Madam Speaker.
  Ms. WATSON. Madam Speaker, I yield 3 minutes to the most 
distinguished chair of the Oversight Committee, the gentleman from New 
York, Representative Edolphus Towns.
  Mr. TOWNS. I would like to thank the gentlewoman from California, the 
subcommittee chair, for yielding time to me.
  Madam Speaker, I rise in strong support of this bill, H.R. 2142, and 
I also would like to thank Congressman Cuellar for his hard work in 
making this a reality today and Congressman Platts who has worked on 
this for many, many years. And of course I would like to thank 
Congressman Issa who is the ranking member of the committee. We went 
through consultation, and of course we worked it out, and now we are 
able to come to this important part and to be able to move this 
legislation forward, which I think is an excellent bill. And of course 
the dialogue made it even stronger.
  I appreciate the commitment and determination of the gentleman from 
Texas (Mr. Cuellar) for advancing this bill and his willingness to work 
with me, the ranking member of the Oversight Committee, Mr. Issa, and 
other members of the committee to make this bill stronger and to make 
certain that we are here today saying that this bill truly will make a 
difference. A number of changes were made to this bill during the 
committee process to address concerns raised by Republican and Democrat 
members on the committee as well as the Office of Management and Budget 
and the Government Accountability Office.
  H.R. 2142 would improve the efficiency of the Federal Government by 
requiring each agency to identify ambitious goals and perform frequent 
performance evaluations. The bill improves the transparency of the 
performance management process by requiring the results of performance 
assessments to be made publicly available. The bill provides greater 
accountability by requiring agencies to consider input from Congress 
and members of the public and by requiring the Government 
Accountability Office to perform frequent and detailed evaluations of 
the agency implementation.
  There are a few misconceptions about this bill. Let me just sort of 
talk to that for a moment. The first misconception is that this bill 
costs too much money. The truth is that the bill will save the 
government money. And I want to repeat that: it will save the 
government money, not cost more money. CBO says that implementing this 
legislation ``could lead to more effective management of agencies at 
lower cost.'' So we would be doing a lot for even other agencies.
  This bill will make the government more cost effective because it 
requires agencies to evaluate their performance. This will allow 
agencies to identify waste and inefficiency and to change what isn't 
working. This is what successful corporations do regularly, and this is 
what the government should do as well. This bill requires agencies to 
create new positions. And on that note, being that I do not have time 
to yield back, I will say to the gentleman from Texas and the gentleman 
from Pennsylvania, thank you for this outstanding piece of legislation.
  Mr. CHAFFETZ. Madam Speaker, I yield myself such time as I may 
consume.
  I simply just want to note for the record that, quoting from the CBO 
report of June 7, 2010, regarding H.R. 2142: ``Finally implementing 
H.R. 2142 could lead to more effective management of government 
agencies at a lower cost. Any such savings would depend on amounts 
provided in future appropriations acts.'' I just wanted to note that 
for the record.
  The intention of this is good. I think in a bipartisan way, we want 
the government to become more efficient. How we do that--well, there 
are some disagreements, but the intention of this bill I think is a 
positive one.

[[Page H4559]]

  With that, I yield back the balance of my time.
  Ms. WATSON. Madam Speaker, I yield 2 minutes to the distinguished 
Member from Florida, Representative Allen Boyd.
  Mr. BOYD. I thank the gentlelady from California for yielding.
  Madam Speaker, as a long-time advocate of restoring fiscal 
responsibility in Washington, I rise in strong support of H.R. 2142. 
This is an issue, Madam Speaker, that I have worked on for many years, 
including my time in the Florida House of Representatives, at which 
time I personally authored a bill which does many of the same things. 
We affectionately came to know that bill as performance-based 
budgeting. Performance-based budgeting, that's a novel idea, isn't it? 
PB squared, we called it.
  As many of you know, I am a member of the Blue Dog Coalition, which 
was created to focus on these issues. This bill is one step of many 
that will move us toward these goals of effective and efficient 
government. H.R. 2142 requires the people closest to the ground that 
are directly involved in government programs to assess those programs 
and live up to the goals and standards that have been set for their 
programs. This is helpful to the Federal agencies. It's helpful to the 
taxpayer, and it's certainly helpful to Congress in our oversight duty.
  Given today's fiscal situation, it is more important now than ever 
for the Federal Government to be making tough decisions in order to 
make the most out of every single taxpayer dollar. Each of us, no 
matter what our political leaning is, should be confident that the 
programs we support and that serve our constituencies are resulting in 
the biggest bang for the buck. I want to personally thank Mr. Cuellar 
from Texas, who is a fellow member of my Blue Dog task force for 
introducing this bill, and his partner Mr. Todd Platts. I also want to 
thank Chairman Towns, Ranking Member Issa, and the House leadership for 
their support of this initiative.
  The Congress has taken strides to instill a greater sense of fiscal 
responsibility over the last year, including enactment of the pay-as-
you-go language and the establishment of a fiscal commission. This bill 
builds on that commitment and seeks to ensure that we are acting as 
responsibly as possible as stewards of our taxpayer dollars.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. WATSON. I yield the gentleman an additional 15 seconds.
  Mr. BOYD. Our efforts do not stop here, however. My Blue Dog 
colleagues and I have unveiled a 15-point blueprint for responsible 
fiscal reform, and we will continue working to curb spending, eliminate 
wasteful spending, and move towards a balanced budget. In the meantime, 
Madam Speaker, I urge a ``yes'' vote on H.R. 2142.
  Mr. MATHESON. Madam Speaker, I rise today in support of Congressman 
Cuellar's H.R. 2142, the ``Government Efficiency, Effectiveness, and 
Performance Improvement Act of 2009,'' otherwise known as 
``Performance-Based Budgeting.''
  This simple legislation helps ensure the taxpayer is receiving 
efficient use of government funds by establishing a set of guidelines, 
tested at the State-level throughout our country, to determine how 
responsive government agencies are at their stated purposes. By holding 
agencies accountable, Congress and the American public can know what 
works, what does not, and what needs to be fixed.
  Performance-based budgeting is designed to replicate tools utilized 
in the private sector to increase the taxpayer's return on investment. 
By increasing efficiency and cutting unneeded spending this legislation 
will reduce government waste while providing improved services for the 
taxpayer.
  This system works by developing explicit performance targets, 
regularly evaluating the results, and developing mechanisms to improve 
performance. Enveloped within existing oversight mechanisms of the 
Government Accountability Office, GAO, reviewers will determine if 
stated goals match real outcomes, examine if taxpayer dollars are spent 
efficiently, and provide recommendations for improvement. This 
transparent and fact-based review of government will foster an open 
dialogue on how taxpayer funds are used.
  Madam Speaker, I commend my fellow Blue Dog Coalition member, 
Representative Cuellar, for his work on this legislation aimed at 
reducing government spending, and urge passage of H.R. 2142, the 
``Government Efficiency, Effectiveness, and Performance Improvement Act 
of 2009.''
  Ms. WATSON. Madam Speaker, again, I urge my colleagues to join me in 
supporting this measure, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Watson) that the House suspend the 
rules and pass the bill, H.R. 2142, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to require quarterly 
performance assessments of Government programs for purposes of 
assessing agency performance and improvement, and to establish agency 
performance improvement officers and the Performance Improvement 
Council.''.
  A motion to reconsider was laid on the table.

                          ____________________