[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[Senate]
[Pages S7624-S7631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARPER (for himself, Mr. Warner, Mr. Akaka, Ms. Collins, 
        Mr. Voinovich, and Mr. Lieberman):
  S. 3853. A bill to modernize and refine the requirements of the 
Government Performance and Results Act of 1993, to require quarterly 
performance reviews of Federal policy and management priorities, to 
establish Chief Operating Officers, Performance Improvement Officers, 
and the Performance Improvement Council, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. CARPER. Mr. President, today, as Chairman of the Subcommittee on 
Federal Financial Management, Government Information, Federal Services, 
and International Security, I offer a piece of legislation, along with 
my distinguished colleagues Senators Warner, Akaka, Lieberman, Collins 
and Voinovich, that I believe will lead us on a path to a more 
effective and efficient federal government.
  It has been more than 17 years since Congress passed the Government 
Performance and Results Act, GPRA, to help us better manage our finite 
resources and improve the effectiveness and delivery of Federal 
programs. Since that time, agencies across the federal government have 
developed and implemented strategic plans and have routinely generated 
a tremendous amount of performance data. The question is--have Federal 
agencies actually used their performance data to get better results?
  Producing information does not by itself improve performance and 
experts from both sides of the aisle agree that the solutions developed 
in 1993 have not worked. The American people deserve--and our fiscal 
challenges demand--better results.
  The GPRA Modernization Act of 2010 which I offer today aims to assist 
and motivate--Federal agencies to put away the stacks of reports that 
no one reads and actually start to think how we can improve the 
effectiveness, efficiency and transparency of our Government.
  This legislation represents the many lessons learned over the past 17 
years and brings a high level, government wide focus to making our 
government work better for the American people. It builds off the 
important strides President Obama's administration has made in this 
area and pushes Federal agencies even further to not only make goals, 
but to make individuals responsible for meeting them.
  While the strength of our democracy rests on the ability of our 
government to deliver its promises to the people, we in Congress have a 
responsibility to be judicious stewards of the resources taxpayers 
invest in America, and ensure those resources are managed honestly, 
transparently and effectively. The GPRA Modernization Act of 2010 also 
calls on the federal government to identify where we are not performing 
well so we can make better decisions about where we should and should 
not be putting our scarce resources.
  Today we face unparalleled challenges both here and abroad, and these 
require a knowledgeable and nimble federal government that can respond 
effectively. With concerns growing over the mounting federal deficit 
and national debt, the American people deserve to know that every 
dollar they send to Washington is being used to its utmost potential. 
Performance information is an invaluable tool that can ensure just 
that. If used effectively, it can identify problems, find solutions, 
and develop approaches that improve outcomes and produce results.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3853

       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 ``GPRA 
     Modernization Act of 2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Strategic planning amendments.
Sec. 3. Performance planning amendments.
Sec. 4. Performance reporting amendments.
Sec. 5. Federal Government and agency priority goals.
Sec. 6. Quarterly priority progress reviews and use of performance 
              information.
Sec. 7. Transparency of Federal Government programs, priority goals, 
              and results.
Sec. 8. Agency Chief Operating Officers.
Sec. 9. Agency Performance Improvement Officers and the Performance 
              Improvement Council.
Sec. 10. Format of performance plans and reports.
Sec. 11. Reducing duplicative and outdated agency reporting.
Sec. 12. Performance management skills and competencies.
Sec. 13. Technical and conforming amendments.
Sec. 14. Implementation of this Act.
Sec. 15. Congressional oversight and legislation.

     SEC. 2. STRATEGIC PLANNING AMENDMENTS.

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

     ``Sec. 306. Agency strategic plans

       ``(a) Not later than the first Monday in February of any 
     year following the year in which the term of the President 
     commences under section 101 of title 3, the head of each 
     agency shall make available on the public website of the 
     agency a strategic plan and notify the President and Congress 
     of its availability. Such plan shall contain--
       ``(1) a comprehensive mission statement covering the major 
     functions and operations of the agency;

[[Page S7625]]

       ``(2) general goals and objectives, including outcome-
     oriented goals, for the major functions and operations of the 
     agency;
       ``(3) a description of how any goals and objectives 
     contribute to the Federal Government priority goals required 
     by section 1120(a) of title 31;
       ``(4) a description of how the goals and objectives are to 
     be achieved, including--
       ``(A) a description of the operational processes, skills 
     and technology, and the human, capital, information, and 
     other resources required to achieve those goals and 
     objectives; and
       ``(B) a description of how the agency is working with other 
     agencies to achieve its goals and objectives as well as 
     relevant Federal Government priority goals;
       ``(5) a description of how the goals and objectives 
     incorporate views and suggestions obtained through 
     congressional consultations required under subsection (d);
       ``(6) a description of how the performance goals provided 
     in the plan required by section 1115(a) of title 31, 
     including the agency priority goals required by section 
     1120(b) of title 31, if applicable, contribute to the general 
     goals and objectives in the strategic plan;
       ``(7) an identification of those key factors external to 
     the agency and beyond its control that could significantly 
     affect the achievement of the general goals and objectives; 
     and
       ``(8) a description of the program evaluations used in 
     establishing or revising general goals and objectives, with a 
     schedule for future program evaluations to be conducted.
       ``(b) The strategic plan shall cover a period of not less 
     than 4 years following the fiscal year in which the plan is 
     submitted. As needed, the head of the agency may make 
     adjustments to the strategic plan to reflect significant 
     changes in the environment in which the agency is operating, 
     with appropriate notification of Congress.
       ``(c) The performance plan required by section 1115(b) of 
     title 31 shall be consistent with the agency's strategic 
     plan. A performance plan may not be submitted for a fiscal 
     year not covered by a current strategic plan under this 
     section.
       ``(d) When developing or making adjustments to a strategic 
     plan, the agency shall consult periodically with the 
     Congress, including majority and minority views from the 
     appropriate authorizing, appropriations, and oversight 
     committees, and shall solicit and consider the views and 
     suggestions of those entities potentially affected by or 
     interested in such a plan. The agency shall consult with the 
     appropriate committees of Congress at least once every 2 
     years.
       ``(e) The functions and activities of this section shall be 
     considered to be inherently governmental functions. The 
     drafting of strategic plans under this section shall be 
     performed only by Federal employees.
       ``(f) For purposes of this section the term `agency' means 
     an Executive agency defined under section 105, but does not 
     include the Central Intelligence Agency, the Government 
     Accountability Office, the United States Postal Service, and 
     the Postal Regulatory Commission.''.

     SEC. 3. PERFORMANCE PLANNING AMENDMENTS.

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

     ``Sec. 1115. Federal Government and agency performance plans

       ``(a) Federal Government Performance Plans.--In carrying 
     out the provisions of section 1105(a)(28), the Director of 
     the Office of Management and Budget shall coordinate with 
     agencies to develop the Federal Government performance plan. 
     In addition to the submission of such plan with each budget 
     of the United States Government, the Director of the Office 
     of Management and Budget shall ensure that all information 
     required by this subsection is concurrently made available on 
     the website provided under section 1122 and updated 
     periodically, but no less than annually. The Federal 
     Government performance plan shall--
       ``(1) establish Federal Government performance goals to 
     define the level of performance to be achieved during the 
     year in which the plan is submitted and the next fiscal year 
     for each of the Federal Government priority goals required 
     under section 1120(a) of this title;
       ``(2) identify the agencies, organizations, program 
     activities, regulations, tax expenditures, policies, and 
     other activities contributing to each Federal Government 
     performance goal during the current fiscal year;
       ``(3) for each Federal Government performance goal, 
     identify a lead Government official who shall be responsible 
     for coordinating the efforts to achieve the goal;
       ``(4) establish common Federal Government performance 
     indicators with quarterly targets to be used in measuring or 
     assessing--
       ``(A) overall progress toward each Federal Government 
     performance goal; and
       ``(B) the individual contribution of each agency, 
     organization, program activity, regulation, tax expenditure, 
     policy, and other activity identified under paragraph (2);
       ``(5) establish clearly defined quarterly milestones; and
       ``(6) identify major management challenges that are 
     Governmentwide or crosscutting in nature and describe plans 
     to address such challenges, including relevant performance 
     goals, performance indicators, and milestones.
       ``(b) Agency Performance Plans.--Not later than the first 
     Monday in February of each year, the head of each agency 
     shall make available on a public website of the agency, and 
     notify the President and the Congress of its availability, a 
     performance plan covering each program activity set forth in 
     the budget of such agency. Such plan shall--
       ``(1) establish performance goals to define the level of 
     performance to be achieved during the year in which the plan 
     is submitted and the next fiscal year;
       ``(2) express such goals in an objective, quantifiable, and 
     measurable form unless authorized to be in an alternative 
     form under subsection (c);
       ``(3) describe how the performance goals contribute to--
       ``(A) the general goals and objectives established in the 
     agency's strategic plan required by section 306(a)(2) of 
     title 5; and
       ``(B) any of the Federal Government performance goals 
     established in the Federal Government performance plan 
     required by subsection (a)(1);
       ``(4) identify among the performance goals those which are 
     designated as agency priority goals as required by section 
     1120(b) of this title, if applicable;
       ``(5) provide a description of how the performance goals 
     are to be achieved, including--
       ``(A) the operation processes, training, skills and 
     technology, and the human, capital, information, and other 
     resources and strategies required to meet those performance 
     goals;
       ``(B) clearly defined milestones;
       ``(C) an identification of the organizations, program 
     activities, regulations, policies, and other activities that 
     contribute to each performance goal, both within and external 
     to the agency;
       ``(D) a description of how the agency is working with other 
     agencies to achieve its performance goals as well as relevant 
     Federal Government performance goals; and
       ``(E) an identification of the agency officials responsible 
     for the achievement of each performance goal, who shall be 
     known as goal leaders;
       ``(6) establish a balanced set of performance indicators to 
     be used in measuring or assessing progress toward each 
     performance goal, including, as appropriate, customer 
     service, efficiency, output, and outcome indicators;
       ``(7) provide a basis for comparing actual program results 
     with the established performance goals;
       ``(8) a description of how the agency will ensure the 
     accuracy and reliability of the data used to measure progress 
     towards its performance goals, including an identification 
     of--
       ``(A) the means to be used to verify and validate measured 
     values;
       ``(B) the sources for the data;
       ``(C) the level of accuracy required for the intended use 
     of the data;
       ``(D) any limitations to the data at the required level of 
     accuracy; and
       ``(E) how the agency will compensate for such limitations 
     if needed to reach the required level of accuracy;
       ``(9) describe major management challenges the agency faces 
     and identify--
       ``(A) planned actions to address such challenges;
       ``(B) performance goals, performance indicators, and 
     milestones to measure progress toward resolving such 
     challenges; and
       ``(C) the agency official responsible for resolving such 
     challenges; and
       ``(10) identify low-priority program activities based on an 
     analysis of their contribution to the mission and goals of 
     the agency and include an evidence-based justification for 
     designating a program activity as low priority.
       ``(c) Alternative Form.--If an agency, in consultation with 
     the Director of the Office of Management and Budget, 
     determines that it is not feasible to express the performance 
     goals for a particular program activity in an objective, 
     quantifiable, and measurable form, the Director of the Office 
     of Management and Budget may authorize an alternative form. 
     Such alternative form shall--
       ``(1) include separate descriptive statements of--
       ``(A)(i) a minimally effective program; and
       ``(ii) a successful program; or
       ``(B) such alternative as authorized by the Director of the 
     Office of Management and Budget, with sufficient precision 
     and in such terms that would allow for an accurate, 
     independent determination of whether the program activity's 
     performance meets the criteria of the description; or
       ``(2) state why it is infeasible or impractical to express 
     a performance goal in any form for the program activity.
       ``(d) Treatment of Program Activities.--For the purpose of 
     complying with this section, an agency may aggregate, 
     disaggregate, or consolidate program activities, except that 
     any aggregation or consolidation may not omit or minimize the 
     significance of any program activity constituting a major 
     function or operation for the agency.
       ``(e) Appendix.--An agency may submit with an annual 
     performance plan an appendix covering any portion of the plan 
     that--
       ``(1) is specifically authorized under criteria established 
     by an Executive order to be kept secret in the interest of 
     national defense or foreign policy; and
       ``(2) is properly classified pursuant to such Executive 
     order.

[[Page S7626]]

       ``(f) Inherently Governmental Functions.--The functions and 
     activities of this section shall be considered to be 
     inherently governmental functions. The drafting of 
     performance plans under this section shall be performed only 
     by Federal employees.
       ``(g) Chief Human Capital Officers.--With respect to each 
     agency with a Chief Human Capital Officer, the Chief Human 
     Capital Officer shall prepare that portion of the annual 
     performance plan described under subsection (b)(5)(A).
       ``(h) Definitions.--For purposes of this section and 
     sections 1116 through 1125, and sections 9703 and 9704, the 
     term--
       ``(1) `agency' has the same meaning as such term is defined 
     under section 306(f) of title 5;
       ``(2) `crosscutting' means across organizational (such as 
     agency) boundaries;
       ``(3) `customer service measure' means an assessment of 
     service delivery to a customer, client, citizen, or other 
     recipient, which can include an assessment of quality, 
     timeliness, and satisfaction among other factors;
       ``(4) `efficiency measure' means a ratio of a program 
     activity's inputs (such as costs or hours worked by 
     employees) to its outputs (amount of products or services 
     delivered) or outcomes (the desired results of a program);
       ``(5) `major management challenge' means programs or 
     management functions, within or across agencies, that have 
     greater vulnerability to waste, fraud, abuse, and 
     mismanagement (such as issues identified by the Government 
     Accountability Office as high risk or issues identified by an 
     Inspector General) where a failure to perform well could 
     seriously affect the ability of an agency or the Government 
     to achieve its mission or goals;
       ``(6) `milestone' means a scheduled event signifying the 
     completion of a major deliverable or a set of related 
     deliverables or a phase of work;
       ``(7) `outcome measure' means an assessment of the results 
     of a program activity compared to its intended purpose;
       ``(8) `output measure' means the tabulation, calculation, 
     or recording of activity or effort that can be expressed in a 
     quantitative or qualitative manner;
       ``(9) `performance goal' means a target level of 
     performance expressed as a tangible, measurable objective, 
     against which actual achievement can be compared, including a 
     goal expressed as a quantitative standard, value, or rate;
       ``(10) `performance indicator' means a particular value or 
     characteristic used to measure output or outcome;
       ``(11) `program activity' means a specific activity or 
     project as listed in the program and financing schedules of 
     the annual budget of the United States Government; and
       ``(12) `program evaluation' means an assessment, through 
     objective measurement and systematic analysis, of the manner 
     and extent to which Federal programs achieve intended 
     objectives.''.

     SEC. 4. PERFORMANCE REPORTING AMENDMENTS.

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

     ``Sec. 1116. Agency performance reporting

       ``(a) The head of each agency shall make available on a 
     public website of the agency an update on agency performance.
       ``(b)(1) Each update shall compare actual performance 
     achieved with the performance goals established in the agency 
     performance plan under section 1115(b) and shall occur no 
     less than 150 days after the end of each fiscal year, with 
     more frequent updates of actual performance on indicators 
     that provide data of significant value to the Government, 
     Congress, or program partners at a reasonable level of 
     administrative burden.
       ``(2) If performance goals are specified in an alternative 
     form under section 1115(c), the results shall be described in 
     relation to such specifications, including whether the 
     performance failed to meet the criteria of a minimally 
     effective or successful program.
       ``(c) Each update shall--
       ``(1) review the success of achieving the performance goals 
     and include actual results for the 5 preceding fiscal years;
       ``(2) evaluate the performance plan for the current fiscal 
     year relative to the performance achieved toward the 
     performance goals during the period covered by the update;
       ``(3) explain and describe where a performance goal has not 
     been met (including when a program activity's performance is 
     determined not to have met the criteria of a successful 
     program activity under section 1115(c)(1)(A)(ii) or a 
     corresponding level of achievement if another alternative 
     form is used)--
       ``(A) why the goal was not met;
       ``(B) those plans and schedules for achieving the 
     established performance goal; and
       ``(C) if the performance goal is impractical or infeasible, 
     why that is the case and what action is recommended;
       ``(4) describe the use and assess the effectiveness in 
     achieving performance goals of any waiver under section 9703 
     of this title;
       ``(5) include a review of the performance goals and 
     evaluation of the performance plan relative to the agency's 
     strategic human capital management;
       ``(6) describe how the agency ensures the accuracy and 
     reliability of the data used to measure progress towards its 
     performance goals, including an identification of--
       ``(A) the means used to verify and validate measured 
     values;
       ``(B) the sources for the data;
       ``(C) the level of accuracy required for the intended use 
     of the data;
       ``(D) any limitations to the data at the required level of 
     accuracy; and
       ``(E) how the agency has compensated for such limitations 
     if needed to reach the required level of accuracy; and
       ``(7) include the summary findings of those program 
     evaluations completed during the period covered by the 
     update.
       ``(d) If an agency performance update includes any program 
     activity or information that is specifically authorized under 
     criteria established by an Executive Order to be kept secret 
     in the interest of national defense or foreign policy and is 
     properly classified pursuant to such Executive Order, the 
     head of the agency shall make such information available in 
     the classified appendix provided under section 1115(e).
       ``(e) The functions and activities of this section shall be 
     considered to be inherently governmental functions. The 
     drafting of agency performance updates under this section 
     shall be performed only by Federal employees.''.

     SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS.

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

     ``Sec. 1120. Federal Government and agency priority goals

       ``(a) Federal Government Priority Goals.--
       ``(1) The Director of the Office of Management and Budget 
     shall coordinate with agencies to develop priority goals to 
     improve the performance and management of the Federal 
     Government. Such Federal Government priority goals shall 
     include--
       ``(A) outcome-oriented goals covering a limited number of 
     crosscutting policy areas; and
       ``(B) goals for management improvements needed across the 
     Federal Government, including--
       ``(i) financial management;
       ``(ii) human capital management;
       ``(iii) information technology management;
       ``(iv) procurement and acquisition management; and
       ``(v) real property management;
       ``(2) The Federal Government priority goals shall be long-
     term in nature. At a minimum, the Federal Government priority 
     goals shall be updated or revised every 4 years and made 
     publicly available concurrently with the submission of the 
     budget of the United States Government made in the first full 
     fiscal year following any year in which the term of the 
     President commences under section 101 of title 3. As needed, 
     the Director of the Office of Management and Budget may make 
     adjustments to the Federal Government priority goals to 
     reflect significant changes in the environment in which the 
     Federal Government is operating, with appropriate 
     notification of Congress.
       ``(3) When developing or making adjustments to Federal 
     Government priority goals, the Director of the Office of 
     Management and Budget shall consult periodically with the 
     Congress, including obtaining majority and minority views 
     from--
       ``(A) the Committees on Appropriations of the Senate and 
     the House of Representatives;
       ``(B) the Committees on the Budget of the Senate and the 
     House of Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Committee on Oversight and Government Reform of 
     the House of Representatives;
       ``(E) the Committee on Finance of the Senate;
       ``(F) the Committee on Ways and Means of the House of 
     Representatives; and
       ``(G) any other committees as determined appropriate;
       ``(4) The Director of the Office of Management and Budget 
     shall consult with the appropriate committees of Congress at 
     least once every 2 years.
       ``(5) The Director of the Office of Management and Budget 
     shall make information about the Federal Government priority 
     goals available on the website described under section 1122 
     of this title.
       ``(6) The Federal Government performance plan required 
     under section 1115(a) of this title shall be consistent with 
     the Federal Government priority goals.
       ``(b) Agency Priority Goals.--
       ``(1) Every 2 years, the head of each agency listed in 
     section 901(b) of this title, or as otherwise determined by 
     the Director of the Office of Management and Budget, shall 
     identify agency priority goals from among the performance 
     goals of the agency. The Director of the Office of Management 
     and Budget shall determine the total number of agency 
     priority goals across the Government, and the number to be 
     developed by each agency. The agency priority goals shall--
       ``(A) reflect the highest priorities of the agency, as 
     determined by the head of the agency and informed by the 
     Federal Government priority goals provided under subsection 
     (a) and the consultations with Congress and other interested 
     parties required by section 306(d) of title 5;
       ``(B) have ambitious targets that can be achieved within a 
     2-year period;
       ``(C) have a clearly identified agency official, known as a 
     goal leader, who is responsible for the achievement of each 
     agency priority goal;
       ``(D) have interim quarterly targets for performance 
     indicators if more frequent updates of actual performance 
     provides data of

[[Page S7627]]

     significant value to the Government, Congress, or program 
     partners at a reasonable level of administrative burden; and
       ``(E) have clearly defined quarterly milestones.
       ``(2) If an agency priority goal includes any program 
     activity or information that is specifically authorized under 
     criteria established by an Executive order to be kept secret 
     in the interest of national defense or foreign policy and is 
     properly classified pursuant to such Executive order, the 
     head of the agency shall make such information available in 
     the classified appendix provided under section 1115(e).
       ``(c) The functions and activities of this section shall be 
     considered to be inherently governmental functions. The 
     development of Federal Government and agency priority goals 
     shall be performed only by Federal employees.''.

     SEC. 6. QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF 
                   PERFORMANCE INFORMATION.

       Chapter 11 of title 31, United States Code, is amended by 
     adding after section 1120 (as added by section 5 of this Act) 
     the following:

     ``Sec. 1121. Quarterly priority progress reviews and use of 
       performance information

       ``(a) Use of Performance Information To Achieve Federal 
     Government Priority Goals.--Not less than quarterly, the 
     Director of the Office of Management and Budget, with the 
     support of the Performance Improvement Council, shall--
       ``(1) for each Federal Government priority goal required by 
     section 1120(a) of this title, review with the appropriate 
     lead Government official the progress achieved during the 
     most recent quarter, overall trend data, and the likelihood 
     of meeting the planned level of performance;
       ``(2) include in such reviews officials from the agencies, 
     organizations, and program activities that contribute to the 
     accomplishment of each Federal Government priority goal;
       ``(3) assess whether agencies, organizations, program 
     activities, regulations, tax expenditures, policies, and 
     other activities are contributing as planned to each Federal 
     Government priority goal;
       ``(4) categorize the Federal Government priority goals by 
     risk of not achieving the planned level of performance; and
       ``(5) for the Federal Government priority goals at greatest 
     risk of not meeting the planned level of performance, 
     identify prospects and strategies for performance 
     improvement, including any needed changes to agencies, 
     organizations, program activities, regulations, tax 
     expenditures, policies or other activities.
       ``(b) Agency Use of Performance Information To Achieve 
     Agency Priority Goals.--Not less than quarterly, at each 
     agency required to develop agency priority goals required by 
     section 1120(b) of this title, the head of the agency and 
     Chief Operating Officer, with the support of the agency 
     Performance Improvement Officer, shall--
       ``(1) for each agency priority goal, review with the 
     appropriate goal leader the progress achieved during the most 
     recent quarter, overall trend data, and the likelihood of 
     meeting the planned level of performance;
       ``(2) coordinate with relevant personnel within and outside 
     the agency who contribute to the accomplishment of each 
     agency priority goal;
       ``(3) assess whether relevant organizations, program 
     activities, regulations, policies, and other activities are 
     contributing as planned to the agency priority goals;
       ``(4) categorize agency priority goals by risk of not 
     achieving the planned level of performance; and
       ``(5) for agency priority goals at greatest risk of not 
     meeting the planned level of performance, identify prospects 
     and strategies for performance improvement, including any 
     needed changes to agency program activities, regulations, 
     policies, or other activities.''.

     SEC. 7. TRANSPARENCY OF FEDERAL GOVERNMENT PROGRAMS, PRIORITY 
                   GOALS, AND RESULTS.

       Chapter 11 of title 31, United States Code, is amended by 
     adding after section 1121 (as added by section 6 of this Act) 
     the following:

     ``Sec. 1122. Transparency of programs, priority goals, and 
       results

       ``(a) Transparency of Agency Programs.--
       ``(1) In general.--Not later than October 1, 2012, the 
     Office of Management and Budget shall--
       ``(A) ensure the effective operation of a single website;
       ``(B) at a minimum, update the website on a quarterly 
     basis; and
       ``(C) include on the website information about each program 
     identified by the agencies.
       ``(2) Information.--Information for each program described 
     under paragraph (1) shall include--
       ``(A) an identification of how the agency defines the term 
     `program', consistent with guidance provided by the Director 
     of the Office of Management and Budget, including the program 
     activities that are aggregated, disaggregated, or 
     consolidated to be considered a program by the agency;
       ``(B) a description of the purposes of the program and the 
     contribution of the program to the mission and goals of the 
     agency; and
       ``(C) an identification of funding for the current fiscal 
     year and previous 2 fiscal years.
       ``(b) Transparency of Agency Priority Goals and Results.--
     The head of each agency required to develop agency priority 
     goals shall make information about each agency priority goal 
     available to the Office of Management and Budget for 
     publication on the website, with the exception of any 
     information covered by section 1120(b)(2) of this title. In 
     addition to an identification of each agency priority goal, 
     the website shall also consolidate information about each 
     agency priority goal, including--
       ``(1) a description of how the agency incorporated any 
     views and suggestions obtained through congressional 
     consultations about the agency priority goal;
       ``(2) an identification of key factors external to the 
     agency and beyond its control that could significantly affect 
     the achievement of the agency priority goal;
       ``(3) a description of how each agency priority goal will 
     be achieved, including--
       ``(A) the strategies and resources required to meet the 
     priority goal;
       ``(B) clearly defined milestones;
       ``(C) the organizations, program activities, regulations, 
     policies, and other activities that contribute to each goal, 
     both within and external to the agency;
       ``(D) how the agency is working with other agencies to 
     achieve the goal; and
       ``(E) an identification of the agency official responsible 
     for achieving the priority goal;
       ``(4) the performance indicators to be used in measuring or 
     assessing progress;
       ``(5) a description of how the agency ensures the accuracy 
     and reliability of the data used to measure progress towards 
     the priority goal, including an identification of--
       ``(A) the means used to verify and validate measured 
     values;
       ``(B) the sources for the data;
       ``(C) the level of accuracy required for the intended use 
     of the data;
       ``(D) any limitations to the data at the required level of 
     accuracy; and
       ``(E) how the agency has compensated for such limitations 
     if needed to reach the required level of accuracy;
       ``(6) the results achieved during the most recent quarter 
     and overall trend data compared to the planned level of 
     performance;
       ``(7) an assessment of whether relevant organizations, 
     program activities, regulations, policies, and other 
     activities are contributing as planned;
       ``(8) an identification of the agency priority goals at 
     risk of not achieving the planned level of performance; and
       ``(9) any prospects or strategies for performance 
     improvement.
       ``(c) Transparency of Federal Government Priority Goals and 
     Results.--The Director of the Office of Management and Budget 
     shall also make available on the website--
       ``(1) a brief description of each of the Federal Government 
     priority goals required by section 1120(a) of this title;
       ``(2) a description of how the Federal Government priority 
     goals incorporate views and suggestions obtained through 
     congressional consultations;
       ``(3) the Federal Government performance goals and 
     performance indicators associated with each Federal 
     Government priority goal as required by section 1115(a) of 
     this title;
       ``(4) an identification of the lead Government official for 
     each Federal Government performance goal;
       ``(5) the results achieved during the most recent quarter 
     and overall trend data compared to the planned level of 
     performance;
       ``(6) an identification of the agencies, organizations, 
     program activities, regulations, tax expenditures, policies, 
     and other activities that contribute to each Federal 
     Government priority goal;
       ``(7) an assessment of whether relevant agencies, 
     organizations, program activities, regulations, tax 
     expenditures, policies, and other activities are contributing 
     as planned;
       ``(8) an identification of the Federal Government priority 
     goals at risk of not achieving the planned level of 
     performance; and
       ``(9) any prospects or strategies for performance 
     improvement.
       ``(d) Information on Website.--The information made 
     available on the website under this section shall be readily 
     accessible and easily found on the Internet by the public and 
     members and committees of Congress. Such information shall 
     also be presented in a searchable, machine-readable format. 
     The Director of the Office of Management and Budget shall 
     issue guidance to ensure that such information is provided in 
     a way that presents a coherent picture of all Federal 
     programs, and the performance of the Federal Government as 
     well as individual agencies.''.

     SEC. 8. AGENCY CHIEF OPERATING OFFICERS.

       Chapter 11 of title 31, United States Code, is amended by 
     adding after section 1122 (as added by section 7 of this Act) 
     the following:

     ``Sec. 1123. Chief Operating Officers

       ``(a) Establishment.--At each agency, the deputy head of 
     agency, or equivalent, shall be the Chief Operating Officer 
     of the agency.
       ``(b) Function.--Each Chief Operating Officer shall be 
     responsible for improving the management and performance of 
     the agency, and shall--
       ``(1) provide overall organization management to improve 
     agency performance and achieve the mission and goals of the 
     agency through the use of strategic and performance planning, 
     measurement, analysis, regular assessment of progress, and 
     use of performance information to improve the results 
     achieved;
       ``(2) advise and assist the head of agency in carrying out 
     the requirements of sections

[[Page S7628]]

     1115 through 1122 of this title and section 306 of title 5;
       ``(3) oversee agency-specific efforts to improve management 
     functions within the agency and across Government; and
       ``(4) coordinate and collaborate with relevant personnel 
     within and external to the agency who have a significant role 
     in contributing to and achieving the mission and goals of the 
     agency, such as the Chief Financial Officer, Chief Human 
     Capital Officer, Chief Acquisition Officer/Senior Procurement 
     Executive, Chief Information Officer, and other line of 
     business chiefs at the agency.''.

     SEC. 9. AGENCY PERFORMANCE IMPROVEMENT OFFICERS AND THE 
                   PERFORMANCE IMPROVEMENT COUNCIL.

       Chapter 11 of title 31, United States Code, is amended by 
     adding after section 1123 (as added by section 8 of this Act) 
     the following:

     ``Sec. 1124. Performance Improvement Officers and the 
       Performance Improvement Council

       ``(a) Performance Improvement Officers.--
       ``(1) Establishment.--At each agency, the head of the 
     agency, in consultation with the agency Chief Operating 
     Officer, shall designate a senior executive of the agency as 
     the agency Performance Improvement Officer.
       ``(2) Function.--Each Performance Improvement Officer shall 
     report directly to the Chief Operating Officer. Subject to 
     the direction of the Chief Operating Officer, each 
     Performance Improvement Officer shall--
       ``(A) advise and assist the head of the agency and the 
     Chief Operating Officer to ensure that the mission and goals 
     of the agency are achieved through strategic and performance 
     planning, measurement, analysis, regular assessment of 
     progress, and use of performance information to improve the 
     results achieved;
       ``(B) advise the head of the agency and the Chief Operating 
     Officer on the selection of agency goals, including 
     opportunities to collaborate with other agencies on common 
     goals;
       ``(C) assist the head of the agency and the Chief Operating 
     Officer in overseeing the implementation of the agency 
     strategic planning, performance planning, and reporting 
     requirements provided under sections 1115 through 1122 of 
     this title and sections 306 of title 5, including the 
     contributions of the agency to the Federal Government 
     priority goals;
       ``(D) support the head of agency and the Chief Operating 
     Officer in the conduct of regular reviews of agency 
     performance, including at least quarterly reviews of progress 
     achieved toward agency priority goals, if applicable;
       ``(E) assist the head of the agency and the Chief Operating 
     Officer in the development and use within the agency of 
     performance measures in personnel performance appraisals, 
     and, as appropriate, other agency personnel and planning 
     processes and assessments; and
       ``(F) ensure that agency progress toward the achievement of 
     all goals is communicated to leaders, managers, and employees 
     in the agency and Congress, and made available on a public 
     website of the agency.
       ``(b) Performance Improvement Council.--
       ``(1) Establishment.--There is established a Performance 
     Improvement Council, consisting of--
       ``(A) the Deputy Director for Management of the Office of 
     Management and Budget, who shall act as chairperson of the 
     Council;
       ``(B) the Performance Improvement Officer from each agency 
     defined in section 901(b) of this title;
       ``(C) other Performance Improvement Officers as determined 
     appropriate by the chairperson; and
       ``(D) other individuals as determined appropriate by the 
     chairperson.
       ``(2) Function.--The Performance Improvement Council 
     shall--
       ``(A) be convened by the chairperson or the designee of the 
     chairperson, who shall preside at the meetings of the 
     Performance Improvement Council, determine its agenda, direct 
     its work, and establish and direct subgroups of the 
     Performance Improvement Council, as appropriate, to deal with 
     particular subject matters;
       ``(B) assist the Director of the Office of Management and 
     Budget to improve the performance of the Federal Government 
     and achieve the Federal Government priority goals;
       ``(C) assist the Director of the Office of Management and 
     Budget in implementing the planning, reporting, and use of 
     performance information requirements related to the Federal 
     Government priority goals provided under sections 1115, 1120, 
     1121, and 1122 of this title;
       ``(D) work to resolve specific Governmentwide or 
     crosscutting performance issues, as necessary;
       ``(E) facilitate the exchange among agencies of practices 
     that have led to performance improvements within specific 
     programs, agencies, or across agencies;
       ``(F) coordinate with other interagency management 
     councils;
       ``(G) seek advice and information as appropriate from 
     nonmember agencies, particularly smaller agencies;
       ``(H) consider the performance improvement experiences of 
     corporations, nonprofit organizations, foreign, State, and 
     local governments, Government employees, public sector 
     unions, and customers of Government services;
       ``(I) receive such assistance, information and advice from 
     agencies as the Council may request, which agencies shall 
     provide to the extent permitted by law; and
       ``(J) develop and submit to the Director of the Office of 
     Management and Budget, or when appropriate to the President 
     through the Director of the Office of Management and Budget, 
     at times and in such formats as the chairperson may specify, 
     recommendations to streamline and improve performance 
     management policies and requirements.
       ``(3) Support.--
       ``(A) In general.--The Administrator of General Services 
     shall provide administrative and other support for the 
     Council to implement this section.
       ``(B) Personnel.--The heads of agencies with Performance 
     Improvement Officers serving on the Council shall, as 
     appropriate and to the extent permitted by law, provide at 
     the request of the chairperson of the Performance Improvement 
     Council up to 2 personnel authorizations to serve at the 
     direction of the chairperson.''.

     SEC. 10. FORMAT OF PERFORMANCE PLANS AND REPORTS.

       (a) Searchable, Machine-readable Plans and Reports.--For 
     fiscal year 2012 and each fiscal year thereafter, each agency 
     required to produce strategic plans, performance plans, and 
     performance updates in accordance with the amendments made by 
     this Act shall--
       (1) not incur expenses for the printing of strategic plans, 
     performance plans, and performance reports for release 
     external to the agency, except when providing such documents 
     to the Congress;
       (2) produce such plans and reports in searchable, machine-
     readable formats; and
       (3) make such plans and reports available on the website 
     described under section 1122 of title 31, United States Code.
       (b) Web-based Performance Planning and Reporting.--
       (1) In general.--Not later than June 1, 2012, the Director 
     of the Office of Management and Budget shall issue guidance 
     to agencies to provide concise and timely performance 
     information for publication on the website described under 
     section 1122 of title 31, United States Code, including, at a 
     minimum, all requirements of sections 1115 and 1116 of title 
     31, United States Code, except for section 1115(e).
       (2) High-priority goals.--For agencies required to develop 
     agency priority goals under section 1120(b) of title 31, 
     United States Code, the performance information required 
     under this section shall be merged with the existing 
     information required under section 1122 of title 31, United 
     States Code.
       (3) Considerations.--In developing guidance under this 
     subsection, the Director of the Office of Management and 
     Budget shall take into consideration the experiences of 
     agencies in making consolidated performance planning and 
     reporting information available on the website as required 
     under section 1122 of title 31, United States Code.

     SEC. 11. REDUCING DUPLICATIVE AND OUTDATED AGENCY REPORTING.

       (a) Budget Contents.--Section 1105(a) of title 31, United 
     States Code, is amended--
       (1) by redesignating second paragraph (33) as paragraph 
     (35); and
       (2) by adding at the end the following:
       ``(37) the list of plans and reports, as provided for under 
     section 1125, that agencies identified for elimination or 
     consolidation because the plans and reports are determined 
     outdated or duplicative of other required plans and 
     reports.''.
       (b) Elimination of Unnecessary Agency Reporting.--Chapter 
     11 of title 31, United States Code, is further amended by 
     adding after section 1124 (as added by section 9 of this Act) 
     the following:

     ``Sec. 1125. Elimination of unnecessary agency reporting

       ``(a) Agency Identification of Unnecessary Reports.--
     Annually, based on guidance provided by the Director of the 
     Office of Management and Budget, the Chief Operating Officer 
     at each agency shall--
       ``(1) compile a list that identifies all plans and reports 
     the agency produces for Congress, in accordance with 
     statutory requirements or as directed in congressional 
     reports;
       ``(2) analyze the list compiled under paragraph (1), 
     identify which plans and reports are outdated or duplicative 
     of other required plans and reports, and refine the list to 
     include only the plans and reports identified to be outdated 
     or duplicative;
       ``(3) consult with the congressional committees that 
     receive the plans and reports identified under paragraph (2) 
     to determine whether those plans and reports are no longer 
     useful to the committees and could be eliminated or 
     consolidated with other plans and reports; and
       ``(4) provide a total count of plans and reports compiled 
     under paragraph (1) and the list of outdated and duplicative 
     reports identified under paragraph (2) to the Director of the 
     Office of Management and Budget.
       ``(b) Plans and Reports.--
       ``(1) First year.--During the first year of implementation 
     of this section, the list of plans and reports identified by 
     each agency as outdated or duplicative shall be not less than 
     10 percent of all plans and reports identified under 
     subsection (a)(1).

[[Page S7629]]

       ``(2) Subsequent years.--In each year following the first 
     year described under paragraph (1), the Director of the 
     Office of Management and Budget shall determine the minimum 
     percent of plans and reports to be identified as outdated or 
     duplicative on each list of plans and reports.
       ``(c) Request for Elimination of Unnecessary Reports.--In 
     addition to including the list of plans and reports 
     determined to be outdated or duplicative by each agency in 
     the budget of the United States Government, as provided by 
     section 1105(a)(37), the Director of the Office of Management 
     and Budget may concurrently submit to Congress legislation to 
     eliminate or consolidate such plans and reports.''.

     SEC. 12. PERFORMANCE MANAGEMENT SKILLS AND COMPETENCIES.

       (a) Performance Management Skills and Competencies.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Director of the Office of Personnel Management, in 
     consultation with the Performance Improvement Council, shall 
     identify the key skills and competencies needed by Federal 
     Government personnel for developing goals, evaluating 
     programs, and analyzing and using performance information for 
     the purpose of improving Government efficiency and 
     effectiveness.
       (b) Position Classifications.--Not later than 2 years after 
     the date of enactment of this Act, based on the 
     identifications under subsection (a), the Director of the 
     Office of Personnel Management shall incorporate, as 
     appropriate, such key skills and competencies into relevant 
     position classifications.
       (c) Incorporation Into Existing Agency Training.--Not later 
     than 2 years after the enactment of this Act, the Director of 
     the Office of Personnel Management shall work with each 
     agency, as defined under section 306(f) of title 5, United 
     States Code, to incorporate the key skills identified under 
     subsection (a) into training for relevant employees at each 
     agency.

     SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) The table of contents for chapter 3 of title 5, United 
     States Code, is amended by striking the item relating to 
     section 306 and inserting the following:

``306. Agency strategic plans.''.

       (b) The table of contents for chapter 11 of title 31, 
     United States Code, is amended by striking the items relating 
     to section 1115 and 1116 and inserting the following:

``1115. Federal Government and agency performance plans.
``1116. Agency performance reporting.''.

       (c) The table of contents for chapter 11 of title 31, 
     United States Code, is amended by adding at the end the 
     following:

``1120. Federal Government and agency priority goals.
``1121. Quarterly priority progress reviews and use of performance 
              information.
``1122. Transparency of programs, priority goals, and results.
``1123. Chief Operating Officers.
``1124. Performance Improvement Officers and the Performance 
              Improvement Council.
``1125. Elimination of unnecessary agency reporting.''.

     SEC. 14. IMPLEMENTATION OF THIS ACT.

       (a) Interim Planning and Reporting.--
       (1) In general.--The Director of the Office of Management 
     and Budget shall coordinate with agencies to develop interim 
     Federal Government priority goals and submit interim Federal 
     Government performance plans consistent with the requirements 
     of this Act beginning with the submission of the fiscal year 
     2013 Budget of the United States Government.
       (2) Requirements.--Each agency shall--
       (A) not later than February 6, 2012, make adjustments to 
     its strategic plan to make the plan consistent with the 
     requirements of this Act;
       (B) prepare and submit performance plans consistent with 
     the requirements of this Act, including the identification of 
     agency priority goals, beginning with the performance plan 
     for fiscal year 2013; and
       (C) make performance reporting updates consistent with the 
     requirements of this Act beginning in fiscal year 2012.
       (3) Quarterly reviews.--The quarterly priority progress 
     reviews required under this Act shall begin--
       (A) with the first full quarter beginning on or after the 
     date of enactment of this Act for agencies based on the 
     agency priority goals contained in the Analytical 
     Perspectives volume of the Fiscal Year 2011 Budget of the 
     United States Government; and
       (B) with the quarter ending June 30, 2012 for the interim 
     Federal Government priority goals.
       (b) Guidance.--The Director of the Office of Management and 
     Budget shall prepare guidance for agencies in carrying out 
     the interim planning and reporting activities required under 
     subsection (a), in addition to other guidance as required for 
     implementation of this Act.

     SEC. 15. CONGRESSIONAL OVERSIGHT AND LEGISLATION.

       (a) In General.--Nothing in this Act shall be construed as 
     limiting the ability of Congress to establish, amend, 
     suspend, or annul a goal of the Federal Government or an 
     agency.
       (b) GAO Reviews.--
       (1) Interim planning and reporting evaluation.--Not later 
     than June 30, 2013, the Comptroller General shall submit a 
     report to Congress that includes--
       (A) an evaluation of the implementation of the interim 
     planning and reporting activities conducted under section 14 
     of this Act; and
       (B) any recommendations for improving implementation of 
     this Act as determined appropriate.
       (2) Implementation evaluations.--
       (A) In general.--The Comptroller General shall evaluate the 
     implementation of this Act subsequent to the interim planning 
     and reporting activities evaluated in the report submitted to 
     Congress under paragraph (1).
       (B) Agency implementation.--
       (i) Evaluations.--The Comptroller General shall evaluate 
     how implementation of this Act is affecting performance 
     management at the agencies described in section 901(b) of 
     title 31, United States Code, including whether performance 
     management is being used by those agencies to improve the 
     efficiency and effectiveness of agency programs.
       (ii) Reports.--The Comptroller General shall submit to 
     Congress--

       (I) an initial report on the evaluation under clause (i), 
     not later than September 30, 2015; and
       (II) a subsequent report on the evaluation under clause 
     (i), not later than September 30, 2017.

       (C) Federal government planning and reporting 
     implementation.--
       (i) Evaluations.--The Comptroller General shall evaluate 
     the implementation of the Federal Government priority goals, 
     Federal Government performance plans and related reporting 
     required by this Act.
       (ii) Reports.--The Comptroller General shall submit to 
     Congress--

       (I) an initial report on the evaluation under clause (i), 
     not later than September 30, 2015; and
       (II) subsequent reports on the evaluation under clause (i), 
     not later than September 30, 2017 and every 4 years 
     thereafter.

       (D) Recommendations.--The Comptroller General shall include 
     in the reports required by subparagraphs (B) and (C) any 
     recommendations for improving implementation of this Act and 
     for streamlining the planning and reporting requirements of 
     the Government Performance and Results Act of 1993.

  Mr. WARNER. Mr. President, I rise to offer new legislation that I 
urge all my colleagues from both sides of the aisle to support. I am 
pleased to be joined by Senators Carper, Akaka, Lieberman, Collins, and 
Voinovich as original cosponsors of this bill. The legislation we offer 
today, the Government Performance and Results Modernization Act of 
2010, is directly aimed at improving operations and quantifying results 
across the Federal Government.
  I think most of my colleagues know I am a business guy. In fact, I 
have spent more time in the business world than in the public sector. I 
have always tried to apply commonsense business practices to the work 
of government, in my former job as Virginia Governor and now as 
Senator. This is a point I think most of us on both sides of the aisle 
would acknowledge: If I ran a business or if we ran any business the 
way we run the Federal Government, I would be out of business in short 
order. If we do not change--as we hear the kinds of folks across 
America say: We want to see more efficiency from our Federal 
Government--if we do not change, our government might get run out of 
business as well.

  As chair of the Budget Committee Task Force on Government 
Performance, over the last 18 months I have been looking into how we 
use data and information to improve government operations. Over the 
last year, our task force has held a series of hearings, meetings, and 
conversations with public and private sector leaders from every level 
of government to learn more about what works and what does not work. 
Here is what we have learned.
  At the beginning of every President's administration, it seems an 
entirely new performance agenda is established. The Bush administration 
had the President's Management Agenda, and the current administration 
has its own accountable government initiatives. With this frequent 
change in approach every 4 to 8 years, it is difficult to ensure that 
we are consistent in the data we collect, use the best tools and 
technology to analyze it, and then put the necessary accountability in 
place to orderly track performance and the basic functions of what 
government does. Let me give you a couple examples.
  Agencies produce literally thousands of pages of data each year, but 
too often we do not use it. We do not use it in Congress. Public 
interest groups do

[[Page S7630]]

not use it. Enormous efforts are put into collecting this data, and 
then it sits on the shelf. Typically, this performance data is only 
reported once a year, so it is often too late by the time we discover 
whether we are improving or falling behind.
  We also do not compare the results of similar programs. Too often, so 
many of our government functions are siloed by agency or Department and 
rarely is this data analyzed in any kind of crosscutting fashion. We in 
the task force took a look at this. We looked, for example, at 
workforce training programs across the Federal Government. We are 
currently funding 44 separate Federal programs in 9 different 
departments to support workforce training. We all would agree that in a 
changing world, workforce training is key to America's competitiveness. 
But 44 programs in 9 different departments without any kind of 
crosscutting analysis? No business could operate that way. And it is 
not just workforce training. In food safety--a piece of legislation 
that we are working on that I and I know the Presiding Officer hope we 
pass before the end of the year to put new food safety standards in 
place--in food safety, we currently fund 17 different entities within 7 
different departments involved in food safety activities. So how can we 
assess what is working and what is not working?
  In short, government operates in silos. We report by agency and by 
program, but we do not know what we are doing in government in any 
particular project area or specific policy goal area. We need a better 
system that enables us to review the results of each program as a whole 
in terms of how they feed into a policy objective, where we are having 
the most impact, and, candidly, where we could find some room to cut or 
curtail.
  Our Federal performance system also needs to increase the 
accountability of senior agency leadership. In many agencies, the 
performance planning and reporting is disconnected from the senior 
officials and not part of the daily operations of the agency. In other 
words, somebody's got this task, but their functions of performance 
audits and measurements and metrics do not have a direct line of 
reporting to whoever the chief operating officer of the particular 
agency is.
  I can say that at the State and local level, we have actually made 
some progress in changing this around. Let me parochially start with 
what we did in Virginia. This chart I have in the Chamber is a little 
bit busy, but we created a Virginia Performs Web site. We use this to 
track progress we are making in key policy areas that are important to 
Virginians. So whether it is the economy, education--and we set 
commonsense goals that everyone can agree on across party lines, and 
then we look at the measurement criteria that lead to that goal. This 
is one of the reasons Virginia has earned the recognition as the best 
managed State in the country.
  It is not just happening in Virginia, though. In Indiana, a different 
tool has been created. It is called the Transparency Portal by GOV 
Mitch Daniels. It again tries to bring transparency to the policy 
goals. Then we can argue about how we get there or how we ought to fund 
how we get there. But unless we have common agreement on the goal and 
then see which programs lead to that goal and measure the effectiveness 
of the individual programs, we are not going to get, particularly in 
these budget-constrained times, the best value for our Federal tax 
dollar.
  I believe Washington has much to learn from these local and State 
level examples in setting goals, holding managers accountable, and 
using performance metrics in a consistent, user-friendly way. State and 
local decisionmakers do not have to wait to look at the results once a 
year. They do it constantly. That is what we did in Virginia. That is 
what we need to do in our Nation's Capital as well.
  In addition to this reporting and crosscutting, we also need to 
recognize that not all of these burdensome reporting requirements are 
of equal value. So the task force has focused on reducing reporting 
requirements to identify what reporting might be consolidated or 
eliminated. If you get overwhelmed with data at certain points, the 
data becomes somewhat less useful. So we want to focus these agencies 
on what are the key determinants on which they ought to report. I do 
not want to just add new reports and data requirements on agencies. 
There are bookshelves all over this town sagging from the weight of 
unread reports. So we must streamline and modernize what we are 
currently doing, and we need to examine outdated and overlapping agency 
reporting. We should only collect information that is useful.
  The Government Performance and Results Modernization Act addresses 
many of our findings to improve the operations and results across 
government.
  First, it will require all agencies to produce real-time data on 
results. As I mentioned earlier, in the past, agencies would report on 
performance only once a year. This bill would require agencies to post 
results quarterly so the public and Congress can use that real-time 
information about what works on targeted goals. With today's technology 
and if you are collecting data on an ongoing basis, there is no reason 
we should have this information only come out once a year. A quarterly 
requirement will allow us to correct and fine-tune on an ongoing basis.
  Second, the bill requires agencies to post data on a single public 
Web site. This Web site will contain performance information from 
across government so we can see how we are performing and how national 
priorities such as education, public health, and safety, are being met. 
Again, I go back to Virginia Performs, which works. You agree on a top-
line policy goal, and then you see across agencies how all these 
different programs feed in. So posting this on a single public Web site 
rather than having Members of Congress or the public sort through the 
myriad of sites right now is a step in the right direction.
  Third, agencies will be required to identify low-priority programs 
that are not adequately contributing to the overall results. Now, this 
is controversial. Every agency likes to talk about its best performing 
programs. No agency likes to talk about which programs really are not 
getting the job done. But as we face increasingly budget constraining 
times, we must make sure we look not only at the winners but that we 
have the agencies themselves put forward those areas where programs are 
not meeting the goals.
  Fourth, we need to take important steps to improve the accountability 
of the senior officers in government agencies. We formally establish 
that agency deputy secretaries are the chief operating officers and 
hold them accountable for the results the agencies are looking for. 
Again, you have to have a chain of command so somebody knows who is the 
chief operating officer and those people who are performing are 
responsible and those metrics are reported to that chief operating 
officer. We also establish a performance improvement officer who 
reports directly to the COO and, again, works across agencies to meet 
our crosscutting goals.
  We also feel these efforts will generate ``back office'' savings, and 
we have as a policy goal--I do not believe this will be a stretch--a 
literally 10-percent reduction in written reports.
  We sometimes get overloaded with data. We want to fine-tune the data. 
We want to make sure the more useful data is reported on a more regular 
basis, that extraneous amounts--some of the kind of burdensome stuff 
that has been put in in the past that may no longer be relevant--we 
want to eliminate. And within the agency, we want to make sure there is 
a clear chain of command.
  I think the Government Performance and Results Modernization Act 
moves us forward in a major way. So this legislation--commonsense 
business practices, bipartisan, in an effort that will meet the 10-
percent reduction in agency reports; the effort, finally, to make sure 
we can look at policy goals not by individual department or agency but 
across programmatic areas; the same kinds of business techniques that 
are used in Fortune 500 companies all across America and, for that 
matter, all across the world--will bring these best practices into the 
Federal Government and make sure we do not have this kind of start-and-
stop effort that has, unfortunately, plagued modernization efforts over 
the past.
  I urge my colleagues on both sides of the aisle--since this is 
bipartisan supported--to join in this effort. As we think about many of 
the major issues

[[Page S7631]]

that we kind of fight through in these remaining days of this Congress, 
I hope, for this kind of commonsense piece of legislation, that we 
could get the time needed to get it passed. Again, I urge my colleagues 
to join us in this effort.
  Mr. AKAKA. Mr. President, I am pleased to join Senators Carper, 
Warner, Collins, Lieberman, and Voinovich in introducing the GPRA 
Modernization Act of 2010.
  As an original cosponsor of the Government Performance and Results 
Act of 1993, often referred to as GPRA or the Results Act, I believe 
the time has come to refine and enhance this landmark bill.
  President Obama, in his inaugural address, observed:

       The question we ask today is not whether our government is 
     too big or too small but whether it works.

  This question captures the essence of what the Results Act seeks to 
achieve. While the original Results Act made significant progress in 
encouraging agencies to develop a results-oriented culture, it is time 
to modernize GPRA. Several long-standing challenges hinder agency 
efforts to answer this critical question. Our legislation is a 
bipartisan effort to empower agencies to overcome these challenges and 
better evaluate how to use taxpayer dollars in the most efficient and 
effective way possible.
  Prior to 1993, Congress had never enacted a statutory framework for 
strategic planning, goal setting, or performance measurement. According 
to the U.S. Government Accountability Office, before GPRA, few agencies 
had results-oriented performance information to manage or make 
strategic policy decisions. The Results Act was a bipartisan effort 
that succeeded in establishing a comprehensive and consistent statutory 
foundation of required agency strategic plans, annual performance 
plans, and annual performance reports. GPRA is and must remain a 
cornerstone of the Federal Government's efforts to strengthen strategic 
planning across all agencies.
  Lessons learned from nearly two decades worth of experience 
implementing the Results Act, informed by numerous GAO reports and 
recommendations; confirm the need to strengthen the statutory framework 
established by GPRA.
  The legislation we offer today draws on this experience, applying 
lessons learned to amend GPRA to address the limitations identified by 
GAO and other observers. I will highlight a few of the important 
provisions in this bill.
  Our bill requires the Director of the Office of Management and Budget 
to develop a Federal Government performance plan and to coordinate with 
agencies to develop Federal Government priority goals for management 
and policy issues that cut across agencies. This provision addresses a 
long-standing GAO recommendation that the Federal Government develop a 
government-wide performance plan to provide OMB, agencies, and 
Congress, with a structured framework for addressing crosscutting 
policy initiatives and program efforts.
  This legislation also strengthens the congressional consultation 
provisions to require agencies consult with Congress when developing 
strategic plans and identifying priority goals. GAO has found that 
regular consultation with Congress about the content and format of 
strategic and performance plans is critical to ensure that both the 
executive and legislative branches are engaged in improving government 
performance. Full congressional buy-in is a key element to building a 
sustainable performance management framework.
  Our legislative proposal also addresses performance management skills 
and competencies, which GAO has identified as a critical factor in 
determining an agency's success in utilizing performance management 
systems. A 2007 GAO survey of Federal managers found nearly half 
reported not receiving training that would assist in utilizing 
performance information. Our bill addresses this training deficit by 
requiring the Director of the Office of Personnel Management to 
identify key performance management skills and competencies and 
incorporate them into relevant position classifications and training 
curricula.
  Congress has a responsibility to promote effective performance 
management to enable Federal agencies to spend taxpayer dollars wisely, 
while carrying out critical missions. The GPRA Modernization Act is an 
important step towards accomplishing this goal, and I urge my 
colleagues to support this legislation.
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