[Congressional Record Volume 156, Number 172 (Tuesday, December 21, 2010)]
[House]
[Pages H8852-H8860]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     GPRA MODERNIZATION ACT OF 2010

  Mr. CUELLAR. Madam Speaker, pursuant to House Resolution 1781, I call 
up 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, with the Senate amendment thereto, and I have a 
motion at the desk.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendment.
  The text of the Senate amendment is as follows:

       Senate amendment:

     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.

[[Page H8853]]

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 Reducing duplicative and outdated agency reporting.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

[[Page H8854]]

       ``(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, 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

[[Page H8855]]

     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 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

[[Page H8856]]

     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;
       ``(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

[[Page H8857]]

     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.''.
       (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.


                            Motion to Concur

  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. Cuellar moves that the House concur in the Senate 
     amendment.

  The SPEAKER pro tempore. Pursuant to House Resolution 1781, the 
motion shall be debatable for 1 hour equally divided and controlled by 
the chair and ranking minority member of the Committee on Oversight and 
Government Reform.
  The gentleman from Texas (Mr. Cuellar) and the gentleman from 
California (Mr. Issa) each will control 30 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. CUELLAR. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. CUELLAR. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 2142, the Government Efficiency, Effectiveness, 
and Performance Improvement Act, will do just what the title of the 
bill says. This bill will make the Federal Government more effective, 
more efficient, and improve the performance of Federal agencies.
  This bill is a sweeping move to increase transparency and 
accountability by requiring Federal agencies to establish performance 
goals that can be measured and reported to Congress and to taxpayers. 
No one can afford to waste money, especially not the government and 
especially not now. It's time that we put a new system in place to 
review the results of each Federal program and evaluate its 
effectiveness.
  The message is simple: Better information yields better decisions. 
This legislation will help Congress invest in what works, fix what 
doesn't, and eliminate wasteful overlap. This will make our Federal 
Government more results-oriented.
  This is a commonsense bill that received wide bipartisan support. The

[[Page H8858]]

Committee on Oversight and Government Reform approved H.R. 2142 by 
voice vote on May 20, 2010. The House passed the bill by voice vote on 
June 16, 2010, and the Senate amended the bill and passed it by 
unanimous consent on December 16, 2010.
  H.R. 2142 modernizes the Government Performance and Results Act of 
1993. We have learned a lot in the past 17 years. It is time to apply 
these lessons so that agencies and Congress have the information needed 
to make good decisions. H.R. 2142 improves the 1993 law by requiring 
agencies to identify ambitious goals and to perform frequent 
performance reviews. With this bill, we can hold agencies more 
accountable by requiring them to consider input from Congress and 
members of the public when developing program goals. The public can now 
have input for the first time. Just imagine that. The general public 
will have a say-so in developing Federal agency goals.
  Some changes were made to the bill during consideration by the 
Senate, and I support those changes, which I believe will enhance and 
strengthen the bill. Under the Senate amendment, OMB is required to 
develop a Federal Government performance plan that addresses program 
efforts across agencies. OMB is also required to work with agencies to 
develop Federal program priority goals that cut across different 
agencies and measure progress toward meeting those goals. This will 
help agencies avoid duplicating efforts and become more efficient. 
Duplication and overlap at a time when so many Americans are struggling 
to make ends meet isn't just a waste of resources; it's shameful. The 
Senate amendment also establishes the position of chief operating 
officer in the 24 biggest agencies.

  Key provisions for the bill approved in the House are still intact, 
such as the establishment of performance improvement officers at each 
agency and the establishment of the performance improvement council. 
These provisions codify an Executive order issued by President George 
W. Bush.
  Also, as in the House-passed bill, OMB and agencies are required to 
improve the transparency of performance reviews by making the results 
available online.
  Senator Coburn added an amendment making changes to the bill that 
requires for increasingly stringent requirements for agencies that do 
not meet performance goals, which can ultimately end up, for a 
nonperforming agency or program, with budget reduction or even 
elimination.
  The Congressional Budget Office estimates that implementation of the 
bill, as amended by the Senate, will cost about $15 million a year. 
This bill does not have any mandatory spending requirements, and it 
does not violate PAYGO. Also, CBO, as you know, does not estimate the 
cost savings that would have been generated by this bill. Agencies will 
save money by identifying wasteful practices. Consolidating and 
eliminating unnecessary reporting will also save taxpayers' dollars.
  H.R. 2142 will make the government more cost effective because it 
would require agencies to evaluate their performance. This will allow 
agencies to identify waste and inefficiencies and change what isn't 
working. This is what successful corporations in the private sector do 
regularly, and this is what the government should do also.
  President Bush's top performance management official wrote in a 
letter supporting this legislation in a bipartisan way, ``I led 
performance improvement efforts during my tenure in the George W. Bush 
administration. Additionally, while a Republican staff member in the 
legislative branch, I oversaw agency efforts to measure and improve 
their performance. The provisions of this bill would have greatly 
enhanced these efforts had they been in place at the time.''
  This is a timely, commonsense bill, and I urge all Members to join me 
in a bipartisan way in supporting this legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. ISSA. Madam Speaker, I would ask the majority if they would 
provide us with that letter so we could review when it was written and 
be more educated.
  Mr. CUELLAR. If the gentleman would yield, I would be happy to do 
that.
  Mr. ISSA. I thank you.
  Madam Speaker, Feliz Navidad, Merry Christmas, but today is Ground 
Hog Day. I know it is because we're getting the same bill we got last 
week. It looks the same. Matter of fact, it's so much the same that I 
recognized it from an earlier document, the President's budget. In his 
package on performance and management, the President had already 
determined to do pretty much what we're putting here.
  Matter of fact, we're codifying in statute, plus throwing in $75 
million of additional cost, what the President already was doing. We're 
not giving him anything that he doesn't already have authority for and 
is doing. Really what we're doing is simply allowing the President to 
say it's okay for me to spend $75 million more on what I already wanted 
to do; it's okay because I'm under this mandate of Congress. It's okay 
for this Congress to go sine die really talking about things they were 
accomplishing when this doesn't accomplish anything.
  I will be voting against this because I don't want to spend $75 
million doing what the President already put in his own document.
  Madam Speaker, I would ask that this excerpt from the President's 
performance and management review to be placed in the Record.


               7. DELIVERING HIGH-PERFORMANCE GOVERNMENT

       For too long, Washington has not responsibly managed the 
     tax dollars entrusted it by the American people. Decision-
     makers opened their doors and ears to those able to afford 
     lobbyists while it became harder and harder for everyone else 
     to learn what Government was doing, what it was 
     accomplishing, and for whom. Programs and practices were 
     allowed to persist out of inertia and not because they were 
     delivering the results expected of them, while others that 
     seemed to work were rarely assessed to confirm their impact 
     and find ways to enhance their value. Over the last two 
     decades, as the private sector was utilizing new management 
     techniques and information technologies to boost 
     productivity, cut costs, and deliver previously unheard of 
     levels of customer service, the public sector lagged 
     conspicuously behind.
       The American people deserve better. They deserve a Federal 
     Government that respects their tax dollars, and uses them 
     effectively and efficiently. They deserve a Federal 
     Government that is transparent, fair, and responsive. And 
     they deserve a Government that is constantly looking to 
     streamline what works and to eliminate what does not. The 
     Administration is committed to revolutionizing how the 
     Federal Government runs on behalf of the American people. The 
     President appointed the Nation's first Chief Performance 
     Officer, and the Administration has taken steps to bring more 
     transparency to, for instance, how Federal information 
     technology (IT) dollars are spent to improve customer service 
     for those using citizenship services. At the same time, the 
     Administration has combed the Budget to find programs that 
     are duplicative, outdated, or just not working.
       To improve the performance of the Federal Government in the 
     coming fiscal year and in years to come, the Administration 
     will pursue three mutually reinforcing performance management 
     strategies:
       1. Use Performance Information to Lead, Learn, and Improve 
     Outcomes. Agency leaders set a few high-priority goals and 
     use constructive data-based reviews to keep their 
     organizations on track to deliver on these objectives.
       2. Communicate Performance Coherently and Concisely for 
     Better Results and Transparency. The Federal Government will 
     candidly communicate to the public the priorities, problems, 
     and progress of Government programs, explaining the reasons 
     behind past trends, the impact of past actions, and future 
     plans. In addition, agencies will strengthen their capacity 
     to learn from experience and experiments.
       3. Strengthen Problem-Solving Networks. The Federal 
     Government will tap into and encourage practitioner 
     communities, inside and outside Government, to work together 
     to improve outcomes and performance management practices.


    Use Performance Information to Lead, Learn, and Improve Outcomes

       Government operates more effectively when it focuses on 
     outcomes, when leaders set clear and measurable goals, and 
     when agencies use measurement to reinforce priorities, 
     motivate action, and illuminate a path to improvement. This 
     outcome-focused performance management approach has proved a 
     powerful way to achieve large performance gains in other 
     countries, several States, an increasing number of local 
     governments, and a growing number of Federal programs. For 
     instance, the State of Washington pushed down the re-
     victimization rate of children harmed in their homes from 
     13.3 percent to 6.5 percent over the last seven years by 
     monitoring how changes in agency action affected children 
     previously harmed and by adjusting policies accordingly to 
     make improvements for the children.
       New York City and, subsequently, the City of Los Angeles 
     saw crime rates plummet

[[Page H8859]]

     after each adopted CompStat meetings. These are frequently 
     scheduled, goal-focused, data-driven meetings at which 
     precinct captains are expected to discuss statistics about 
     outcomes (e.g., crime), cost drivers (e.g., overtime), 
     unwanted side effects (e.g., police abuse complaints), 
     patterns of problems in the precinct, probable causes, 
     apparent effects of prior actions, and future actions 
     planned. Similarly, the U.S. Coast Guard's Marine and Marine 
     Environmental Protection programs work to reduce maritime 
     deaths and injuries, large oil spills, and chemical discharge 
     incidents by regularly analyzing their data to identify 
     contributory causes and by testing different prevention 
     options to identify and then implement those that work best.
       Outcome-focused performance management can transform the 
     way government works, but its success is by no means assured. 
     The ultimate test of an effective performance management 
     system is whether it is used, not the number of goals and 
     measures produced. Federal performance management efforts 
     have not fared well on this test. The Government Performance 
     and Results Act of 1993 (GPRA) and the Performance Assessment 
     Rating Tool (PART) reviews increased the production of 
     measurements in many agencies, resulting in the availability 
     of better measures than previously existed; however, these 
     initial successes have not lead to increased use. With a few 
     exceptions, Congress does not use the performance goals and 
     measures agencies produce to conduct oversight, agencies do 
     not use them to evaluate effectiveness or drive 
     improvements, and they have not provided meaningful 
     information for the public.
       Studies of past Federal performance management efforts have 
     identified several problematic practices. For example, senior 
     leaders at Federal agencies have historically focused far 
     more attention on new policy development than on managing to 
     improve outcomes. Mechanisms used to motivate change created 
     serious unwanted side effects or linked to the wrong 
     objectives. Central office reviews mandated measurements 
     inappropriate to the situation, and performance reports 
     seldom answered the questions of key audiences. Moreover, the 
     annual reporting requirement of GPRA and the five-year 
     program PART review cycle did not provide agencies the fast 
     feedback needed to assess if delivery efforts were on track 
     or to diagnose why they were or were not. Neither GPRA nor 
     PART precluded more frequent measurement to inform agency 
     action, but only a few agencies opted to supplement their 
     annual measurement cycle with the kinds of data and analysis 
     that fueled the private sector performance revolution.
       The Administration is initiating several new performance 
     management actions and is tasking a new generation of 
     performance leaders to implement successful performance 
     management practices.
       To encourage senior leaders to deliver results against the 
     most important priorities, the Administration launched the 
     High-Priority Performance Goal initiative in June 2009, 
     asking agency heads to identify and commit to a limited 
     number of priority goals, generally three to eight, with high 
     value to the public. The goals must have ambitious, but 
     realistic, targets to achieve within 18 to 24 months without 
     need for new resources or legislation, and well-defined, 
     outcomes-based measures of progress. These goals are included 
     in this Budget. Some notable examples are:
       Assist 3 million homeowners who are at risk of losing their 
     homes due to foreclosure (Secretaries Donovan and Geithner);
       Reduce the population of homeless veterans to 59,000 in 
     June, 2012 (Secretaries Donovan and Shinseki); and
       Double renewable energy generating capacity (excluding 
     conventional hydropower) by 2012 (Secretary Chu).
       In the coming year, the Administration will ask agency 
     leaders to carry out a similar priority-setting exercise with 
     top managers of their bureaus to set bureau-level goals and 
     align those goals, as appropriate, with agency-wide priority 
     goals. These efforts are not distinct from the goal-setting 
     and measurement expectations set forth in the GPRA, but 
     rather reflect an intention to translate GPRA from a 
     reporting exercise to a performance-improving practice across 
     the Federal Government. By making agencies' top leaders 
     responsible for specific goals that they themselves have 
     named as most important, the Administration is dramatically 
     improving accountability and the chances that Government will 
     deliver results on what matters most.
       Agency leaders will put in place rigorous, constructive 
     quarterly feedback and review sessions to help agencies reach 
     their targets, building on lessons from successful public 
     sector performance management models in other governments and 
     in some Federal agencies. In addition, the Office of 
     Management and Budget (OMB) will initiate quarterly 
     performance updates to help senior Federal Government leaders 
     stay focused on driving to results.
       OMB will support the agencies with tools and assistance to 
     help them succeed. In addition, OMB will help coordinate 
     inter-agency efforts in select situations where collaboration 
     is critical to success.


Communicate Performance Coherently and Concisely for Better Results and 
                              Transparency

       Transparent, coherent performance information contributes 
     to more effective, efficient, fair, and responsive 
     government. Transparency not only promotes public 
     understanding about the actions that government is working to 
     accomplish, but also supports learning across government 
     agencies, stimulates idea flow, enlists assistance, and 
     motivates performance gain. In addition, transparency can 
     strengthen public confidence in government, especially when 
     government does more than simply herald its successes but 
     also provides candid assessments of problems encountered, 
     their likely causes, and actions being taken to address 
     problems.
       The Administration is initiating several new performance 
     communication actions. First, the Administration will 
     identify and eliminate performance measurements and documents 
     that are not useful. Second, what remains will be used. Goals 
     contained in plans and budgets will communicate concisely and 
     coherently what government is trying to accomplish. Agency, 
     cross-agency, and program measures, including those developed 
     under GPRA and PART that proved useful to agencies, the 
     public, and OMB, will candidly convey how well the Government 
     is accomplishing the goals. Combined performance plans and 
     reports will explain why goals were chosen, the size and 
     characteristics of problems Government is tackling, factors 
     affecting outcomes that Government hopes to influence, 
     lessons learned from experience, and future actions planned.
       Going forward, agencies will take greater ownership in 
     communicating performance plans and results to key audiences 
     to inform their decisions. Making performance data useful to 
     all audiences--congressional, public, and agency leaders--
     improves both program performance and reporting accuracy.
       To that end, the Administration will redesign public access 
     to Federal performance information.
       The Administration will create a Federal performance portal 
     that provides a clear, concise picture of Federal goals and 
     measures by theme, by agency, by program, and by program 
     type. It will be designed to increase transparency and 
     coherence for the public, motivate improvements, support 
     collaboration, and enhance the ability of the Federal 
     Government and its service delivery partners to learn from 
     others' experiences and from research experiments. The 
     performance portal will also provide easy links to 
     mission-support management dashboards, such as the IT 
     dashboard (http://it.usaspending.gov/) launched in the 
     summer of 2009, and similar dashboards planned for other 
     common Government functions including procurement, 
     improper payments, and hiring.
       While performance information is critical to improving 
     Government effectiveness and efficiency, it can answer only 
     so many questions. More sophisticated evaluation methods are 
     required to answer fundamental questions about the social, 
     economic, or environmental impact of programs and practices, 
     isolating the effect of Government action from other possible 
     influencing factors. OMB recently launched an Evaluation 
     Initiative to promote rigorous impact evaluations, build 
     agency evaluation capacity, and improve transparency of 
     evaluation findings. These evaluations are a powerful 
     complement to agency performance improvement efforts and 
     often benefit from the availability of performance data. OMB 
     will make information about all Federal evaluations focused 
     on the impacts of programs and program practices available 
     online through the performance portal. The Evaluation 
     Initiative is explained in more detail in Chapter 8, 
     ``Program Evaluation,'' in this volume.


                  Strengthen Problem-Solving Networks

       The third strategy the Administration will pursue to 
     improve performance management involves the extensive use of 
     existing and new practitioner networks. Federal agencies do 
     not work in isolation to improve outcomes. Every Federal 
     agency and employee depends on and is supported by others--
     other Federal offices, other levels of government, for-profit 
     and not-for-profit organizations, and individuals with 
     expertise or a passion about specific problems. New 
     information technologies are transforming our ability to tap 
     vast reservoirs of capacity beyond the office. At the same 
     time, low-technology networks such as professional 
     associations and communities of practice are also able to 
     solve problems, spur innovation, and diffuse knowledge. The 
     Administration will create cross-agency teams to tackle 
     shared problems and reach out to existing networks, both 
     inside and outside Government, to find and develop smarter 
     performance management methods and to assist others in their 
     application. It will tap their intelligence, ingenuity, and 
     commitment, as well as their dissemination and delivery 
     capacity.
       The Performance Improvement Council (PIC), made up of 
     Performance Improvement Officers from every Federal agency, 
     will function as the hub of the performance management 
     network. OMB will work with the PIC to create and advance a 
     new set of Federal performance management principles, refine 
     a Government-wide performance management implementation plan, 
     and identify and tackle specific problems as they arise. The 
     PIC will also serve as a home for Federal communities of 
     practice, some new and some old. Some communities of practice 
     will be organized by problems, some by program type such as 
     regulatory programs, and some by methods such as quality 
     management. These communities will develop tools and provide 
     expert advice and assistance to their Federal colleagues. In 
     addition, the PIC will address the governance challenge of 
     advancing progress on high-priority problems that

[[Page H8860]]

     require action by multiple agencies. The Administration will 
     also turn to existing external networks--including State and 
     local government associations, schools of public policy and 
     management, think tanks, and professional associations--to 
     enlist their assistance on specific problems and in spreading 
     effective performance management practices.

  Mr. Cuellar did a good job last week in the first of these two 
appearances on the same bill. He said it was something he really wanted 
to pass. He said it was his bill. I don't think the fact that it is 
amended would make it less his bill, but it isn't his bill really. It's 
written by the administration, codified by the Senate, and sent over to 
us in the 11th hour when, in fact, it could, in the next Congress, 
actually go through a review process to see if we could actually 
mandate something more than what the President's doing, if we should 
mandate what the President is already doing, or, quite frankly, if we 
should tie the hands of the next President by simply codifying the 
elective actions of this President.

                              {time}  1510

  Now, there was a letter that came purportedly, and I am sure it did, 
from somebody in the Bush administration. And I will be interested to 
see when it was written because this President has systematically 
chosen to make changes in how the last President did performance. I am 
not going to say that President Bush was the best or that what 
President Obama is doing is different; but there are differences, and 
these differences are the elective right of the President to try to do 
these.
  So with all due respect, Madam Speaker, I will still be voting ``no'' 
on this second Groundhog Day on this bill. I will still believe that if 
we had had a chance in the next Congress we could have done better and 
would have done better.
  With that, I reserve the balance of my time.

                          ____________________