[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[House]
[Pages 22724-22731]
[From the U.S. 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.

[[Page 22725]]

  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 Reducing duplicative and outdated agency reporting.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.
       ``(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

[[Page 22726]]

     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, 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

[[Page 22727]]

     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 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;

[[Page 22728]]

       ``(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;
       ``(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,

[[Page 22729]]

     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.''.

       (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

[[Page 22730]]

     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.
  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.

[[Page 22731]]


  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.

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