[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.
____________________