Congressional Record, Volume 156 Issue 168 (Friday, December 17, 2010)

[Congressional Record Volume 156, Number 168 (Friday, December 17, 2010)]
[House]
[Pages H8603-H8609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

GPRA MODERNIZATION ACT OF 2010

Mr. CUELLAR. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:

Senate amendment:
Strike out all after the enacting clause and insert:

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 Reducing duplicative and outdated agency reporting.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;
``(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.

[[Page H8604]]

``(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.
``(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 and to the Office of Management
and Budget an update on agency performance.
``(b)(1) Each update shall compare actual performance
achieved with the performance goals established in the agency
performance plan under section 1115(b) and shall occur no
less than 150 days after the end of each fiscal year,

[[Page H8605]]

with more frequent updates of actual performance on
indicators that provide data of significant value to the
Government, Congress, or program partners at a reasonable
level of administrative burden.
``(2) If performance goals are specified in an alternative
form under section 1115(c), the results shall be described in
relation to such specifications, including whether the
performance failed to meet the criteria of a minimally
effective or successful program.
``(c) Each update shall--
``(1) review the success of achieving the performance goals
and include actual results for the 5 preceding fiscal years;
``(2) evaluate the performance plan for the current fiscal
year relative to the performance achieved toward the
performance goals during the period covered by the update;
``(3) explain and describe where a performance goal has not
been met (including when a program activity's performance is
determined not to have met the criteria of a successful
program activity under section 1115(c)(1)(A)(ii) or a
corresponding level of achievement if another alternative
form is used)--
``(A) why the goal was not met;
``(B) those plans and schedules for achieving the
established performance goal; and
``(C) if the performance goal is impractical or infeasible,
why that is the case and what action is recommended;
``(4) describe the use and assess the effectiveness in
achieving performance goals of any waiver under section 9703
of this title;
``(5) include a review of the performance goals and
evaluation of the performance plan relative to the agency's
strategic human capital management;
``(6) describe how the agency ensures the accuracy and
reliability of the data used to measure progress towards its
performance goals, including an identification of--
``(A) the means used to verify and validate measured
values;
``(B) the sources for the data;
``(C) the level of accuracy required for the intended use
of the data;
``(D) any limitations to the data at the required level of
accuracy; and
``(E) how the agency has compensated for such limitations
if needed to reach the required level of accuracy; and
``(7) include the summary findings of those program
evaluations completed during the period covered by the
update.
``(d) If an agency performance update includes any program
activity or information that is specifically authorized under
criteria established by an Executive Order to be kept secret
in the interest of national defense or foreign policy and is
properly classified pursuant to such Executive Order, the
head of the agency shall make such information available in
the classified appendix provided under section 1115(e).
``(e) The functions and activities of this section shall be
considered to be inherently governmental functions. The
drafting of agency performance updates under this section
shall be performed only by Federal employees.
``(f) Each fiscal year, the Office of Management and Budget
shall determine whether the agency programs or activities
meet performance goals and objectives outlined in the agency
performance plans and submit a report on unmet goals to--
``(1) the head of the agency;
``(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(3) the Committee on Oversight and Governmental Reform of
the House of Representatives; and
``(4) the Government Accountability Office.
``(g) If an agency's programs or activities have not met
performance goals as determined by the Office of Management
and Budget for 1 fiscal year, the head of the agency shall
submit a performance improvement plan to the Office of
Management and Budget to increase program effectiveness for
each unmet goal with measurable milestones. The agency shall
designate a senior official who shall oversee the performance
improvement strategies for each unmet goal.
``(h)(1) If the Office of Management and Budget determines
that agency programs or activities have unmet performance
goals for 2 consecutive fiscal years, the head of the agency
shall--
``(A) submit to Congress a description of the actions the
Administration will take to improve performance, including
proposed statutory changes or planned executive actions; and
``(B) describe any additional funding the agency will
obligate to achieve the goal, if such an action is determined
appropriate in consultation with the Director of the Office
of Management and Budget, for an amount determined
appropriate by the Director.
``(2) In providing additional funding described under
paragraph (1)(B), the head of the agency shall use any
reprogramming or transfer authority available to the agency.
If after exercising such authority additional funding is
necessary to achieve the level determined appropriate by the
Director of the Office of Management and Budget, the head of
the agency shall submit a request to Congress for additional
reprogramming or transfer authority.
``(i) If an agency's programs or activities have not met
performance goals as determined by the Office of Management
and Budget for 3 consecutive fiscal years, the Director of
the Office of Management and Budget shall submit
recommendations to Congress on actions to improve performance
not later than 60 days after that determination, including--
``(1) reauthorization proposals for each program or
activity that has not met performance goals;
``(2) proposed statutory changes necessary for the program
activities to achieve the proposed level of performance on
each performance goal; and
``(3) planned executive actions or identification of the
program for termination or reduction in the President's
budget.''.

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 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

[[Page H8606]]

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 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;

[[Page H8607]]

``(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).
``(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.''.

``1120. Federal Government and agency priority goals.

[[Page H8608]]

``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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Cuellar) and the gentleman from California (Mr. Issa) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.

General Leave

Mr. CUELLAR. Mr. 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
gentleman from Texas?
There was no objection.
Mr. CUELLAR. Mr. Speaker, I yield myself such time as I may consume.
First of all, I want to thank Government Oversight Committee Chairman
Ed Towns and Ranking Member Issa. We worked on this legislation
together to address a bill that I believe will be important for the
Congress to strengthen its oversight over the executive branch. If we
don't pass this, Congress will not be in a strong position to provide
legislative oversight. I think everybody agrees that every Member of
Congress should do everything to stop unnecessary and wasteful
spending. In order to eliminate Federal Government waste, we must know
which Federal agencies and programs are working and which are not. We
need to examine data of performance efficiency at Federal agencies in
order to make responsible budgetary decisions. We need the Senate
amendment to H.R. 2142, the Government Performance Results
Modernization Act of 2010. The concept is not complicated. We can cut
down on the debt by cutting down on waste. With greater government
efficiency, we can produce cost savings for every American taxpayer.
This bill will shine light on ineffective Federal programs to root
out wasteful spending. Federal agencies are supposed to clearly
identify ambitious, high-priority goals and assess their performance
and effectiveness to evaluate its direct impact on the American people
and the government. This will provide the needed information to make
informed budgetary decisions. It also eliminates duplicative, outdated,
and unused reporting. In the first year, all old-fashioned, ineffective
reporting will be eliminated by 10 percent. And we will continue to
streamline across the board. It requires OMB and agencies to submit
recommendations to Congress about how to improve the reporting process.
This eliminates stacks of unused performance reports that nobody reads
or uses at this time. It also heightens transparency to generate
government credibility. The information generated will be easily
accessible and made publicly available to Congress and the American
people.

{time} 0930

It also increases government accountability. Federal agencies are
held accountable by requiring all agencies to conduct quarterly
performance reports on how effectively they are working to meet their
goals and to make sure that there is government accountability, and,
therefore, we have government accountability. This will lead to
government credibility also.
It elevates the role of agencies to bring accountability. Instead of
paper-pushing across government, the deputy secretary or chief
operating officer is held accountable for the effectiveness and success
of the agency. This puts a face and a name to performance of agencies
and programs. It creates a mechanism to penalize agencies that fail to
meet goals.
This was an amendment that Senator Coburn added over there on the
Senate side, and on the Senate side we worked with Senator Mark Warner,
and so I want to thank him, Joe Lieberman, and Senator Akaka. But we
worked closely with Senator Collins, Senator Voinovich, and Senator
Coburn, who added an amendment, the amendment that creates this
mechanism to penalize agencies that don't meet its goals. And we at the
last minute spoke to Senator Jeff Sessions about this particular bill,
and this bill got the support. As you know, it was UC'd. It passed
unanimously in the Senate yesterday with the input of our Republican
colleagues on the Senate side.
The amendment that Senator Coburn added creates a mechanism to
penalize agencies that fail to meet goals. Which means, if an agency
program has not met its performance goals for a fiscal year, this bill
will require action, and this will ensure the goals are met and
actively pursued throughout the year.
The bottom line is, this will allow us to provide legislative
oversight over the executive branch. Whether it is a Democratic or a
Republican President, this is something we need to do. The American
taxpayers deserve a government that is transparent, efficient, and
accountable, and I ask Members to support H.R. 2142.
We do have Republican colleagues in the Congress here that, when we
passed this bill unanimously from the House floor some months ago, we
had Republicans that cosponsored this.
So at this time, I would ask Members to support H.R. 2142.
I reserve the balance of my time.

[[Page H8609]]

Mr. ISSA. Mr. Speaker, I will be brief.
Mr. Cuellar, you have been a good Member. You have worked hard on
this. We worked together on this.
When this number left the House, it was a different bill. In the
first hour of the new Congress, I intend on working hard to bring up a
bill that looks more like your original bill, has some additional
learning experiences, and try to bring it back as quickly as possible.
I cannot support your bill today. This is not the bill that left the
House. It is also a bill that still has $75 million not paid for.
But it's not the $75 million. As much as we talked about paid-for and
PAYGO and offset and how do we do things, our real problem here today
is that, as it came back from the Senate, it looks an awful lot like
somebody just picked up your number and redid your bill.
Now, I know you want this, and you deserve it for the hard work you
did. But this bill is simply a series of mandates that codifies a
management style that needs no legislation. This legislation does not
create something that the President cannot and is not already doing.
We, in Congress, want goal-setting. Historically, we look to OMB, and
that goal-setting is intended to be objective, to hold agencies to
standards determined not just by their own agency. As the bill is
written today, basically, an agency sets its own goals, announces its
own goals, and OMB has a secondary role. This does not create a real
requirement for performance-based program analysis. The bill that left
with an amendment that you very much helped carve, and we did it
together, would have done that.
I don't like the idea that, in the day after the day after the day
after we probably should have long gone home but we are waiting for the
CR, that they bring something on suspension. Given a few days of
regular order, given one round-trip to the committee, we could change
this. But if we changed it, of course we would be back with the Senate,
which UC'd a completely different bill than the one you worked so hard
on.
It might pass today, but it won't have my vote, my support, and I
will urge and am urging all the Members on both sides of the aisle to
defeat the bill, not because you don't deserve a bill with your name on
it on this subject. You have worked hard. But because this isn't the
bill that you deserve to have become law.
I know you are leaving Congress. You are a good Member who has worked
hard on our committee, and I thank you for that. And I promise you,
starting January 5, we will work together with you, if you will donate
the time, to do the bill you wanted to do. And that, I guarantee you,
will be my first priority, if it is not passed today.
I reserve the balance of my time.

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore. The Chair reminds all Members to address
their remarks to the Chair.
Mr. CUELLAR. Mr. Speaker, first of all, I want to thank the ranking
member, who will be the chairman of Government Oversight. I want to
thank him and his staff, because we did work on this together.
It went over to the Senate. We were trying to move it over here as
quickly as possible. The Senators did make some changes, but the
biggest change, I believe, was to reduce the cost. Because, you recall,
it was an authorization of $150 million, got cut in half to $75
million, which means that the agencies will be absorbing this cost, so
it won't cost any appropriations, number one.
Number two, I believe one of the major amendments was Senator Coburn
from Oklahoma, who basically put the teeth on requiring Congress and
OMB to take action if an agency or a program doesn't meet those
performance goals.
So, again, I respectfully disagree with you on that. But I believe
the amendments that Senator Coburn added are actually good, because it
does add the teeth or the mechanism to enforce if an agency doesn't do
its job by meeting those goals.
I do want to thank again the ranking member and the chairman, also,
and the staff on both sides, the Republican staff and our side. We
worked on this bill, because this is a bill that Mr. Issa and I believe
strongly in, and Todd Platts, also. So I want to say thank you for the
work that we are doing. And hopefully we can work on other items. If
not, we will be working together on this bill again. But I do want to
say thank you for the work that Members on both sides of the aisle have
done.
I reserve the balance of my time.
Mr. ISSA. I yield myself such time as I may consume.
Mr. Speaker, I think we've both said what comes from our heart. We're
losing a good Member who worked hard on our committee. This is not a
good bill. This is not the bill he would have done. So I respectfully
ask all Members to vote ``no'' on this. I will vote ``no'' not because
of the author and not because of his effort, but because it simply
isn't good enough.
If we are going to spend even $75 million on new mandates, we have a
standard that has to be a standard of excellence, a standard that truly
makes improvements, and a standard that in fact does not simply allow
the President to do what he already has the power to do. We can do this
in the next Congress. We will do this.
Again, Mr. Speaker, I express my interest in working with members of
the committee now and members of the committee in the future to fashion
a bill with this same name, and, if I'm allowed, even the same number,
so that we can pass it in its original form or in an improved form in
the next Congress. I reluctantly say we must oppose this bill.
I yield back the balance of my time.
Mr. CUELLAR. I again thank the ranking member. I urge all Members to
support H.R. 2142, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Cuellar) that the House suspend the rules and
concur in the Senate amendment to the bill, H.R. 2142.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ISSA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________