[House Report 111-504]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-504

======================================================================



 
 GOVERNMENT EFFICIENCY, EFFECTIVENESS, AND PERFORMANCE IMPROVEMENT ACT 
                                OF 2010

                                _______
                                

 June 14, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Towns, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2142]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Oversight and Government Reform, to whom was 
referred 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, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendments.......................................................     2
Purpose and Summary..............................................    10
Background and Need for Legislation..............................    10
Legislative History..............................................    11
Section-by-Section...............................................    11
Explanation of Amendments........................................    16
Committee Consideration..........................................    18
Roll Call Votes..................................................    18
Application of Law to the Legislative Branch.....................    20
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    20
Statement of General Performance Goals and Objectives............    20
Constitutional Authority Statement...............................    20
Federal Advisory Committee Act...................................    20
Unfunded Mandate Statement.......................................    20
Earmark Identification...........................................    20
Committee Estimate...............................................    21
Budget Authority and Congressional Budget Office Cost Estimate...    21
Changes in Existing Law Made by the Bill, as Reported............    22
Minority Views...................................................    32

                               Amendments

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Government 
Efficiency, Effectiveness, and Performance Improvement Act of 2010''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Agency defined.
Sec. 4. Sense of Congress regarding the need for increased consultation 
between Congress and Federal agencies on performance management issues.
Sec. 5. Performance assessments.
Sec. 6. Strategic planning amendments.
Sec. 7. Improving Government performance.
Sec. 8. Assessments and reports.
Sec. 9. Additions to performance plan.

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds the following:
          (1) Weaknesses in established management processes pertaining 
        to the use of information about the performance of Federal 
        agencies undermine the confidence of the American people in the 
        Government and reduce the Federal Government's ability to 
        adequately address public needs.
          (2) To restore the confidence of the American people in its 
        Government and to increase the Federal Government's ability to 
        adequately address vital public needs, the Federal Government 
        must continually seek to improve the effectiveness, efficiency, 
        and accountability of Federal programs.
          (3) With the passage of the Government Performance and 
        Results Act of 1993, Congress directed the executive branch to 
        seek improvements in the performance and accountability of 
        Federal programs by having agencies focus on strategic 
        objectives and annual results.
          (4) The requirements of the Government Performance and 
        Results Act of 1993 have produced an infrastructure of outcome-
        oriented strategic plans, performance measures, and 
        accountability reporting that serve as a solid foundation for 
        agencies working with Congress to achieve long-term strategic 
        goals and improve the performance of Federal programs; use of 
        those plans and reports to improve outcomes has, however, been 
        limited.
          (5) Congressional policy making, spending decisions, and 
        program oversight have been handicapped by insufficient 
        attention to program performance and results.
          (6) While improvements have been made in the development of 
        outcome-oriented strategic plans, performance measures, and 
        accountability reporting for individual programs, progress is 
        still needed to ensure that agency leaders, employees, and 
        delivery partners regularly use performance information to 
        improve the effectiveness and efficiency of government 
        operations and to communicate performance information 
        coherently and candidly to inform congressional decision-making 
        in conducting program authorization, appropriation, and 
        oversight.
          (7) Regular performance assessments, complemented by periodic 
        assessments of Federal programs, provide critical information 
        on whether programs are achieving specific performance 
        objectives, help Congress and the executive branch identify the 
        most pressing policy and program issues, and determine if 
        specific legislative, operational, financial, or strategic 
        reforms are needed to increase program effectiveness and 
        efficiency.
          (8) Programs performing similar or duplicative functions 
        within a single agency or across multiple agencies should be 
        identified and their performance and results shared among all 
        such programs to improve coordination or possible consolidation 
        and, ultimately, performance and results.
          (9) The performance reporting requirements of the Government 
        Performance and Results Act of 1993, along with individual 
        performance and accountability reporting requirements contained 
        in legislation, are in some cases redundant, and steps should 
        be taken to eliminate duplicative performance policies and to 
        streamline outdated and unused reports.
  (b) Purposes.--The purposes of this Act are as follows:
          (1) To improve the Government Performance and Results Act of 
        1993 by implementing performance assessment processes that seek 
        to assess Federal programs on a periodic basis with a 
        particular focus on the following:
                  (A) Identification by agency leaders of clear 
                priorities and setting of outcome-focused, measurable, 
                ambitious targets for those priorities.
                  (B) Regular goal-focused, data driven performance 
                assessments to measure progress and adjust strategies.
                  (C) Accountability expectations that encourage 
                managers to innovate, informed by evidence and analysis 
                of experience.
                  (D) Transparent, coherent, and candid communication 
                of results.
          (2) To use relevant performance and related information to 
        help agencies make informed management decisions, improve the 
        effectiveness of agency and program operations (particularly 
        for those programs, projects, and activities that are deemed 
        poorly performing), and submit funding requests based on 
        evidence and other relevant information.
          (3) To provide congressional policy makers with information 
        needed to conduct more effective oversight and assist in the 
        improvement of agency operations, and to make performance-
        informed and results-based authorization and appropriation 
        decisions that improve the effectiveness of program operations.
          (4) To establish the Performance Improvement Council as a 
        body that will assist in the development of performance 
        measurement and management standards and assessment 
        methodologies, identify best practices in Federal performance 
        management, facilitate the exchange of information among 
        agencies on these practices, and collaborate on and strengthen 
        the effectiveness of agency performance improvement efforts.
          (5) To establish agency performance improvement officers to 
        institutionalize and enhance the strategic and performance 
        management activities of Federal agencies.

SEC. 3. AGENCY DEFINED.

  In this Act, the term ``agency'' means an executive agency as defined 
in section 306 of title 5, United States Code.

SEC. 4. SENSE OF CONGRESS REGARDING THE NEED FOR INCREASED CONSULTATION 
                    BETWEEN CONGRESS AND FEDERAL AGENCIES ON 
                    PERFORMANCE MANAGEMENT ISSUES.

  It is the sense of Congress that the head of each Federal agency 
should make every effort to consult with the committees with 
jurisdiction over the agency and other interested members of Congress 
each fiscal year regarding the performance plan and priorities of the 
agency (required by sections 1115 and 1120 of title 31, United States 
Code).

SEC. 5. PERFORMANCE ASSESSMENTS.

  (a) Requirement for Performance Assessments.--Chapter 11 of title 31, 
United States Code, is amended by adding at the end the following new 
section:

``Sec. 1120. Performance assessments

  ``(a) Identification of High-priority Performance Goals.--For the 
purpose of improving agency performance, the head of each Federal 
agency, in consultation with the Director of the Office of Management 
and Budget, shall identify near-term and long-term high-priority goals 
for purposes of this section. In identifying such goals, the head of 
the agency shall--
          ``(1) rely on the agency's mission, strategic plan and 
        objectives, and statutory directives;
          ``(2) consult with Congress, including each appropriate 
        committee of Congress;
          ``(3) select goals that--
                  ``(A) clearly identify agency priorities and have 
                performance outcomes that can be clearly and 
                objectively assessed and measured;
                  ``(B) are ambitious targets that have high direct 
                value to the public;
                  ``(C) involve indicators for which the agency can 
                collect reliable and timely data that may be used in 
                performance assessments to measure progress and adjust 
                strategies; and
                  ``(D) involve multiple programs, including programs 
                within and across multiple agencies that are performing 
                similar functions, serve similar populations, have 
                similar purposes, or share common objectives, for 
                purposes of identifying common challenges, exemplary 
                goals and practices, common measures of performance, 
                and potential opportunities for more effective and 
                efficient means of achieving goals, including through 
                the integration and consolidation of Federal functions; 
                and
          ``(4) with respect to a subcomponent of the agency, ensure 
        the goals are consistent with the goals of the entire agency.
  ``(b) Performance Assessments.--The head of each Federal agency, in 
consultation with the Director of the Office of Management and Budget, 
shall, not less often than quarterly for high-priority goals identified 
in subsection (a), and on a semi-annual basis for performance goals 
established pursuant to section 1115(a)(1) of this title--
          ``(1) assess progress toward achieving the goals identified 
        under subsection (a) and toward achieving the annual 
        performance goals for each program activity established 
        pursuant to section 1115(a)(1) of this title;
          ``(2) assess whether relevant agency programs and initiatives 
        are contributing as expected toward the goals identified under 
        subsection (a) and the annual performance goals for each 
        program activity established pursuant to section 1115(a)(1) of 
        this title; and
          ``(3) identify prospects and strategies for performance 
        improvement, including any needed changes to agency programs or 
        initiatives.
  ``(c) Performance Assessment Requirements.--In conducting an 
assessment of agency progress toward achieving the goals identified 
under subsection (a) and toward achieving the annual performance goals 
for each program activity established pursuant to section 1115(a)(1) of 
this title, the head of a Federal agency, in consultation with the 
Director of the Office of Management and Budget, shall--
          ``(1) coordinate with relevant personnel within and outside 
        the agency who contribute to the accomplishment of the goals; 
        and
          ``(2) encourage innovation and hold leaders and managers 
        accountable for effective and efficient implementation based on 
        evidence and continuing analysis of experience.
  ``(d) Transparency of Goals and Performance Assessments.--The 
Director of the Office of Management and Budget shall--
          ``(1) make available, as part of the President's budget 
        submission and through the Office of Management and Budget 
        website and other relevant websites, and provide to the 
        congressional committees described in subsection (i)--
                  ``(A) a list of goals identified under subsection (a) 
                and reviewed by the Director;
                  ``(B) consistent with section 1115 of this title, 
                annual goals defined by objectively measurable outcomes 
                for each program administered in whole or in part by 
                the agency;
                  ``(C) the methods that will be used to make progress 
                toward achieving the goals identified under 
                subparagraphs (A) and (B);
                  ``(D) the expected contribution that different agency 
                programs and initiatives will make toward achieving the 
                goals identified under subparagraphs (A) and (B) and 
                the expected timeline for achieving those goals; and
                  ``(E) the approach that will be used by agencies to 
                assess progress toward achieving the goals identified 
                under subparagraphs (A) and (B);
          ``(2) provide a mechanism for interested persons, including 
        the general public and members and committees of Congress, to 
        submit comments on the goals being assessed under subsection 
        (a) and the annual performance goals for each program activity 
        established pursuant to section 1115(a)(1) of this title and 
        the methods that will be used to make progress toward achieving 
        those goals;
          ``(3) provide a mechanism for agency delivery to and 
        consideration of comments provided under paragraph (2) by each 
        relevant agency and adjustment of goals under subsection (a) 
        and the annual performance goals for each program activity 
        established pursuant to section 1115(a)(1) of this title based 
        on the comments, with approval of the Director; and
          ``(4) make available through the Office of Management and 
        Budget website a summary of comments received under paragraph 
        (2), any adjustment of goals under paragraph (3), and any 
        changes to goals required by the Office of Management and 
        Budget.
  ``(e) Transparency of Performance Results.--(1) The head of an agency 
shall ensure that all results of the assessments conducted under this 
section by the agency during a fiscal year shall be readily accessible 
to and easily found on the Internet by the public and members and 
committees of Congress in a searchable, machine readable format, in 
accordance with guidance provided by the Director of the Office of 
Management and Budget that ensures such information is provided in a 
way that presents a coherent picture of the performance of Federal 
agencies. At a minimum, the results of the assessments conducted under 
this section shall be available on the website of the Office of 
Management and Budget and also may be made available on any other 
website considered appropriate by the agency or the Director. The 
Director shall also notify the appropriate committees of Congress when 
quarterly assessments become available on the Internet.
  ``(2) The performance information related to the assessments of goals 
in this section and section 1115 of this title shall--
          ``(A) include--
                  ``(i) a brief summary of the problem or opportunity 
                being addressed and reasons for identifying these 
                agency goals as well as key findings of the 
                assessments;
                  ``(ii) a list of each program and agency contributing 
                to achievement of the goal and the time frame for such 
                contributions;
                  ``(iii) an assessment of the quality of the 
                performance measures, and the extent to which necessary 
                performance data are collected;
                  ``(iv) a description of how leaders and managers are 
                held accountable for achieving program results, and the 
                extent to which strong financial management tools are 
                in place;
                  ``(v) contextual indicators that provide a sense of 
                external factors that can influence performance trends 
                related to key outcomes;
                  ``(vi) as appropriate, indicators that provide 
                information about the population being served and to 
                the extent possible, the impact on disadvantaged and 
                minority communities and individuals;
                  ``(vii) factors affecting the performance of 
                programs, projects, and activities and how they are 
                impeding or contributing to failures or successes of 
                the programs, projects, and activities, and the reasons 
                for any substantial variation from the targeted level 
                of achievement of the goals;
                  ``(viii) the process used by the agency to assess 
                progress made toward achieving the goals; and
                  ``(ix) such other items and adjustments as may be 
                specified by the Director;
          ``(B) describe the extent to which any trends, developments, 
        or emerging conditions affect the need to change the mission of 
        programs being carried out to achieve the goal;
          ``(C) identify, as part of any performance assessment, 
        practices that resulted in positive outcomes, and the key 
        reasons why such practices resulted in positive outcomes; and
          ``(D) include recommendations for actions to improve results, 
        including opportunities that might exist for the coordination, 
        consolidation, or integration of programs to improve service or 
        generate cost savings.
  ``(3) The head of each agency shall--
          ``(A) use, as necessary and appropriate, a variety of 
        assessment methods to support performance assessments, 
        including methods contained in reports from evaluation centers, 
        in assessments by States, and in available Federal program 
        assessments;
          ``(B) maintain an archive of information required to be 
        disclosed under this section that is, to the maximum extent 
        practicable, readily available, accessible, and easily found by 
        the public; and
          ``(C) consider the relevant comments submitted under 
        subsection (d)(2).
  ``(f) Classified Information.--(1) With respect to performance 
assessments conducted during a fiscal year that contain classified 
information, the President shall submit--
          ``(A) each quarterly performance assessment (including the 
        classified information), to the appropriate committees of 
        Congress; and
          ``(B) an appendix containing a list of each affected goal and 
        the committees to which a copy of the performance assessment 
        was submitted under subparagraph (A), to the congressional 
        committees described in subsection (i).
  ``(2) Upon request from a congressional committee described in 
subsection (i), the Director of the Office of Management and Budget 
shall provide to the Committee a copy of--
          ``(A) any performance assessment described in subparagraph 
        (A) of paragraph (1) (including any assessment not listed in 
        any appendix submitted under subparagraph (B) of such 
        paragraph); and
          ``(B) any appendix described in subparagraph (B) of paragraph 
        (1).
  ``(3) In this subsection, the term `classified information' refers to 
matters described in section 552(b)(1)(A) of title 5.
  ``(g) Inherently Governmental Functions.--The functions and 
activities authorized or required by this section shall be considered 
inherently governmental functions and shall be performed only by 
Federal employees.
  ``(h) Report Streamlining.--To eliminate redundancy, the head of an 
agency may determine each year, subject to the approval of the Director 
of the Office of Management and Budget and provided that it meets the 
requirements of this section and sections 1115, 1116, 1117, 1121, and 
the first 9703 of this title, that the performance information provided 
to the public on the Internet is sufficient to meet the planning and 
reporting requirements of such sections.
  ``(i) Congressional Committees.--The congressional committees 
described in this subsection are the following:
          ``(1) The Committee on Oversight and Government Reform of the 
        House of Representatives.
          ``(2) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
          ``(3) The Committees on Appropriations of the House of 
        Representatives and the Senate.
          ``(4) The Committees on the Budget of the House of 
        Representatives and the Senate.
  ``(j) Definitions.--In this section:
          ``(1) Agency performance improvement officer.--The term 
        `agency performance improvement officer' means a senior 
        executive of an agency who is designated by the head of the 
        agency, and reports to the head of the agency, the agency 
        Deputy Secretary, or such other agency official designated by 
        the head of the agency, to carry out the requirements of this 
        section.
          ``(2) Performance information.--The term `performance 
        information' means the results of assessments conducted under 
        this section.''.
  (b) Performance Assessments To Be Considered in Evaluating Senior 
Executives.--Section 4313 of title 5, United States Code, is amended 
(in the matter before paragraph (1)) by striking ``organizational 
performance,'' and inserting the following: ``organizational 
performance (including such reviews of agency performance, conducted 
under section 1120 of title 31, as are relevant),''.
  (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 31, United States Code, is amended by adding at the 
end the following:

``1120. Performance assessments.''.

SEC. 6. STRATEGIC PLANNING AMENDMENTS.

  (a) Change in Deadline for Strategic Plan.--Subsection (a) of section 
306 of title 5, United States Code, is amended by striking ``No later 
than September 30, 1997,'' and inserting ``Not later than September 30 
of the second year following a year in which an election for President 
occurs, beginning with September 30, 2010,''.
  (b) Change in Period of Coverage of Strategic Plan.--Subsection (b) 
of section 306 of title 5, United States Code, is amended to read as 
follows:
  ``(b) Each strategic plan shall cover the four-year period beginning 
on October 1 of the second year following a year in which an election 
for President occurs.''.

SEC. 7. IMPROVING GOVERNMENT PERFORMANCE.

  (a) Improving Government Performance.--Chapter 11 of title 31, United 
States Code, as amended by section 5, is further amended by adding at 
the end the following new section:

``Sec. 1121. Improving Government performance

  ``(a) Duties of Agency Performance Improvement Officers.--Subject to 
the direction of the head of the agency, each agency performance 
improvement officer shall--
          ``(1) advise and assist the head of the executive agency and 
        other agency officials to ensure that the mission of the 
        executive agency is achieved through performance planning, 
        measurement, analysis, and regular assessment of progress, 
        including the requirements of this section and sections 1115, 
        1116, 1117, 1120, and the first 9703 of this title and section 
        306 of title 5;
          ``(2) advise the head of the agency on the selection of 
        agency goals, including opportunities to collaborate with other 
        agencies on common goals, and on whether--
                  ``(A) the performance targets required under section 
                1115 of this title and the strategic plans required 
                under section 306 of title 5 are--
                          ``(i) sufficiently aggressive toward full 
                        achievement of the purposes of the agency; and
                          ``(ii) realistic in light of authority and 
                        resources provided for operations; and
                  ``(B) means for measurement of progress toward 
                achievement of the goals are sufficiently rigorous, 
                aligned to outcomes, useful, and accurate as 
                appropriate to the intended use of the measures;
          ``(3) support the head of the agency, agency Deputy 
        Secretary, or such other agency senior official designated by 
        the head of the agency in the conduct of at least quarterly 
        performance assessments, while strengthening the performance 
        management activities of the entire agency (including 
        subcomponents) through at least quarterly performance 
        assessments to--
                  ``(A) assess progress toward achievement of the goals 
                administered in whole or in part by the agency, as well 
                as any goals common to that agency and other agencies;
                  ``(B) identify factors affecting progress and 
                benchmarking comparisons;
                  ``(C) consider actions to improve the performance and 
                efficiency of programs, projects, and activities; and
                  ``(D) hold leaders and managers accountable for 
                effective and efficient implementation and for 
                adjusting agency actions based on evolving evidence;
          ``(4) assist the head of the agency in the development and 
        use within the agency of performance measures in personnel 
        performance appraisals, and, as appropriate, other agency 
        personnel and planning processes and assessments;
          ``(5) assist the head of the agency in overseeing the 
        implementation required under section 1120 of this title;
          ``(6) ensure that agency progress toward achievement of all 
        goals is communicated to leaders, managers, and employees in 
        the agency and Congress, and made public on the Internet; and
          ``(7) provide training for agency managers, program 
        directors, supervisors, and employees on how to use performance 
        targets, measure key performance indicators, assess programs, 
        and analyze data to improve performance.
  ``(b) Establishment and Operation of Performance Improvement 
Council.--
          ``(1) There is established in the executive branch a 
        Performance Improvement Council.
          ``(2) The Performance Improvement Council shall consist 
        exclusively of--
                  ``(A) the Deputy Director for Management of the 
                Office of Management and Budget, who shall serve as 
                Chair;
                  ``(B) such agency performance improvement officers as 
                determined appropriate by the Chair; and
                  ``(C) such other permanent employees of an agency as 
                determined appropriate by the Chair in consultation 
                with the agency concerned.
          ``(3) The Chair or the Chair's designee shall convene and 
        preside at the meetings of the Performance Improvement Council, 
        determine its agenda, direct its work, and establish and direct 
        subgroups of the Performance Improvement Council, as 
        appropriate to deal with particular subject matters.
          ``(4) To assist in implementing the requirements of sections 
        1105, 1115, 1116, 1117, 1120, and the first 9703 of this title 
        and section 306 of title 5, the Performance Improvement Council 
        shall--
                  ``(A) develop and submit to the Director of the 
                Office of Management and Budget, or when appropriate to 
                the President through the Director of the Office of 
                Management and Budget, at times and in such formats as 
                the Chair may specify, recommendations concerning--
                          ``(i) performance management policies and 
                        requirements;
                          ``(ii) criteria for assessment of program, 
                        project, and activity performance; and
                          ``(iii) how the goals required by section 
                        1120(a) of this title can inform the Federal 
                        Government performance plan required by section 
                        1105(a)(28) of this title, and lead to improved 
                        results from and interagency coordination of 
                        programs that perform similar functions;
                  ``(B) facilitate the exchange among agencies of 
                information on performance management, including 
                strategic and annual planning and reporting, to 
                accelerate improvements in performance;
                  ``(C) monitor the performance assessment process 
                required under section 1120 of this title;
                  ``(D) facilitate keeping members and committees of 
                Congress and the public informed, and with such 
                assistance of heads of agencies and agency performance 
                improvement officers as the Director of the Office of 
                Management and Budget may require, provide members and 
                committees of Congress and the public with information 
                on the Internet on how well each agency performs and 
                that serves as a comprehensive source of information 
                on--
                          ``(i) agency strategic plans;
                          ``(ii) annual performance plans and annual 
                        performance reports;
                          ``(iii) performance information required 
                        under section 1120 (d) of this title;
                          ``(iv) the status of the implementation of 
                        performance assessments required under section 
                        1120 of this title;
                          ``(v) relevant impact and process 
                        assessments; and
                          ``(vi) consistent with the direction of the 
                        head of the agency concerned after consultation 
                        with the Director of the Office of Management 
                        and Budget, any publicly available reports by 
                        the agency's Inspector General concerning 
                        agency program performance;
                  ``(E) monitor implementation by agencies of the 
                policy set forth in sections 1115, 1116, 1117, 1120, 
                and the first 9703 of this title and section 306 of 
                title 5 and report thereon from time to time as 
                appropriate to the Director of the Office of Management 
                and Budget, or when appropriate to the President 
                through the Director of the Office of Management and 
                Budget, at such times and in such formats as the Chair 
                may specify, together with any recommendations of the 
                Council for more effective implementation of such 
                policy;
                  ``(F) obtain information and advice, as appropriate, 
                in a manner that seeks individual advice and does not 
                involve collective judgment or consensus advice or 
                deliberation, from--
                          ``(i) State, local, territorial, and tribal 
                        officials;
                          ``(ii) representatives of entities or other 
                        individuals; and
                          ``(iii) members and committees of Congress;
                  ``(G) coordinate with other interagency management 
                councils; and
                  ``(H) make recommendations to Congress on 
                duplicative, unused, or outdated performance policies 
                or reporting requirements.
          ``(5)(A) The Administrator of General Services shall provide 
        administrative and other support for the Council to implement 
        this section.
          ``(B) The heads of agencies shall provide, as appropriate and 
        to the extent permitted by law, such information and assistance 
        as the Chair may request to implement this section.
  ``(c) Additional Duties of the Council.--The Council--
          ``(1) shall develop a website for Federal agency performance 
        information;
          ``(2) shall link program performance information to program 
        spending information on the website www.USASpending.gov; and
          ``(3) shall submit a report to Congress on the feasibility of 
        creating a single web-based platform for all Government 
        spending information and all program performance 
        information.''.
  (b) Guidance.--Not later than 6 months after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget shall prescribe guidance to implement the requirements of 
section 1120 and 1121 of title 31, United States Code, as added by 
subsection (a).
  (c) Conforming and Clerical Amendments.--
          (1) Section 1115(g) of title 31, United States Code, is 
        amended by striking ``1119'' and inserting ``1121''.
          (2) The table of sections at the beginning of chapter 11 of 
        title 31, United States Code, is amended by adding at the end 
        the following:

``1121. Improving Government performance.''.

SEC. 8. ASSESSMENTS AND REPORTS.

  (a) Assessments.--
          (1) In general.--No less frequently than the first, third, 
        and fifth year after the date of the enactment of this Act, and 
        thereafter every three years and at such other times as may be 
        requested by Congress, the Comptroller General of the United 
        States shall assess the implementation of this Act by the 
        Director of the Office of Management and Budget and the 
        agencies decribed in section 901(b) of title 31, United States 
        Code, with emphasis on the matters specified in paragraph (2).
          (2) Matters to be assessed.--The matters to be assessed under 
        paragraph (1) shall include, with respect to the fiscal year 
        covered by the assessment:
                  (A) Whether the selection of goals, identified 
                pursuant to section 1120(a) of title 31, United States 
                Code, as added by section 5, and established pursuant 
                to section 1115 of such title, is tied to performance 
                outcomes that can be objectively assessed and measured 
                and have a high direct value to the public.
                  (B) The use of agency performance goals and measures 
                and program assessments to improve performance and 
                ensure taxpayer dollars are spent in an efficient and 
                effective manner, including the need to streamline or 
                enhance Federal programs or initiatives to maximize the 
                likelihood of accomplishing such performance goals.
                  (C) The use of agency performance goals, identified 
                pursuant to section 1120(a) of title 31, United States 
                Code, as added by section 5, and established pursuant 
                to section 1115 of such title, and measures to clearly 
                communicate performance priorities and results to the 
                public.
                  (D) How any revision of goals, identified pursuant to 
                section 1120(a) of title 31, United States Code, as 
                added by section 5, and established pursuant to section 
                1115 of such title, has contributed to the 
                effectiveness of agency and program performance.
                  (E) The tracking of program performance toward 
                achieving identified goals and the contribution of such 
                tracking to agency performance improvement.
                  (F) The use of input from Congress and the public in 
                the assessment of programs and in the identification 
                and assessment of goals.
                  (G) The use of the archive of information referred to 
                in section 1120(e)(3)(B) of title 31, United States 
                Code, to create a coherent, longitudinal picture of the 
                performance of agencies and programs over time.
                  (H) Best practices of agencies.
                  (I) Whether the annual performance plan established 
                pursuant to section 1115 of title 31, United States 
                Code, conforms with the requirements for such plans 
                described in paragraphs (1) through (11) of section 
                1115(a) of such title.
                  (J) The progress each agency has made in achieving 
                the goals identified pursuant to section 1120(a) of 
                title 31, United States Code, as added by section 5, 
                and established pursuant to section 1115 of such title.
  (b) Reports.--The Comptroller General shall consult with the 
Inspectors General when evaluating program and agency performance and 
shall submit to Congress a report on the results of each assessment 
conducted under subsection (a). The report shall include a list of 
recommendations on ways to improve the performance assessment and 
communication process and the operations of agency performance 
improvement officers and the Performance Improvement Council.
  (c) Effectiveness Assessment.--With respect to the evaluation 
conducted under subsection (a) in the third year after the date of the 
enactment of this Act, the Comptroller General shall include in the 
report relating to such evaluation submitted to Congress under this 
section the following:
          (1) an assessment of the effectiveness of this Act, and the 
        amendments made by this Act;
          (2) the impact of this Act on sections 1115, 1116, 1117, and 
        the first 9703 of title 31, United States Code, and section 306 
        of title 5, United States Code; and
          (3) any recommendations for improving the effectiveness of 
        sections 1115, 1116, 1117, and the first 9703 of title 31, 
        United States Code, and section 306 of title 5, United States 
        Code and reducing duplication.

SEC. 9. ADDITIONS TO PERFORMANCE PLAN.

  Section 1115(a) of title 31, United States Code, is amended--
          (1) in paragraph (5), by striking ``and'';
          (2) in paragraph (6), by striking the period and inserting 
        ``; and''; and
          (3) by inserting after paragraph (6) the following new 
        paragraphs:
          ``(7) describe the existence and current scope of the problem 
        that the program is intended to address, defined as an outcome 
        that addresses the needs of the American people, not an input 
        (such as staffing or resources expended) or an intermediate 
        goal (such as teachers or police hired);
          ``(8) to the extent practicable, take into account the other 
        efforts (if any) being made in Federal, State or local 
        governments or the private sector to address the problem 
        described under paragraph (7) and the relative cost-
        effectiveness of such efforts;
          ``(9) if the program is not new, describe the amount of funds 
        expended in the previous year and state the progress made in 
        the previous year toward solving the problem described under 
        paragraph (7), including evidence of whether the problem is 
        increasing, decreasing, or staying the same;
          ``(10) describe the specific level of improvement expected to 
        be made toward addressing the problem described under paragraph 
        (7); and
          ``(11) state the long-term goal for the program and when that 
        goal is expected to be achieved or the problem described under 
        paragraph (7) reduced to an acceptable level.''.

  Amend the title so as to read:

      A bill to require quarterly performance assessments of 
Government programs for purposes of assessing agency 
performance and improvement, and to establish agency 
performance improvement officers and the Performance 
Improvement Council.

                          Purpose and Summary

    H.R. 2142 was introduced on April 28, 2009, by Rep. Henry 
Cuellar. H.R. 2142 improves the efficiency and accountability 
of federal agencies by requiring each agency to identify 
ambitious goals and assess progress toward achieving those 
goals. The bill strengthens the Government Performance and 
Results Act of 1993 (GPRA) and codifies elements of an 
Executive Order on performance management.

                  Background and Need for Legislation

    GPRA was enacted in 1993 to ``improve the confidence of the 
American people in the capability of the Federal Government, by 
systematically holding Federal agencies accountable for 
achieving program results.''\1\ GPRA requires agencies to 
develop long-term strategic plans every five years and to 
annually develop and submit to Congress performance plans and 
performance reports. Agencies must develop annual goals for 
each program activity as part of their annual performance 
plans.
---------------------------------------------------------------------------
    \1\P.L. 103-62.
---------------------------------------------------------------------------
    Since the enactment of GPRA, every administration has 
undertaken initiatives to improve agency performance 
management. In 2008, GAO made recommendations for the next 
administration on using performance information to improve 
results. GAO found that the administration should focus on 
``(1) adopting a more strategic and crosscutting approach to 
overseeing governmentwide performance; (2) improving the 
relevance of performance information to Congress; and (3) 
building agency confidence in assessments for use in decision 
making.''\2\
---------------------------------------------------------------------------
    \2\Government Accountability Office, Government Performance: 
Lessions Learned for the Next Administration on Using Performance 
Information to Improve Results (GAO-08-1026T).
---------------------------------------------------------------------------
    On June 11, 2009, OMB Director Peter Orszag issued a 
memorandum to agency heads requiring agencies to identify high 
priority performance goals. In the memo, Director Orszag wrote, 
``[t]he American people deserve a government that works, where 
the public interest is prioritized, where the impact of 
government spending is transparent and held to high, objective 
standards, and where results and good management matter.''\3\
---------------------------------------------------------------------------
    \3\Office of Management and Budget, Planning for the President's 
Fiscal Year 2011 Budget and Performance Plans (June 11, 2009).
---------------------------------------------------------------------------
    H.R. 2142 enhances GPRA by requiring agencies to identify 
high priority goals for the agency that cut across agency 
programs. The bill also strengthens GPRA by requiring agencies 
to perform frequent evaluations of progress toward achieving 
those goals. The bill improves Congressional and public input 
by requiring OMB and agencies to consider comments submitted by 
Congress and the public on the goals selected by agencies and 
the methods agencies plan to use to meet those goals. The 
legislation makes agency performance management efforts more 
transparent by requiring agencies to make performance 
assessment results publicly available on the Internet.
    H.R. 2142 changes the deadline for strategic plans under 
GPRA to align with the 4-year presidential term rather than the 
current 5-year scheme. The Government Accountability Office has 
long recommended this adjustment to the timing of strategic 
plans. GAO stated in a 2004 report:

    A strategic plan should reflect the policy priorities of an 
organization's leaders and the input of key stakeholders if it 
is to be an effective management tool. However, GPRA specifies 
timeframes for updating strategic plans that do not correspond 
to presidential or congressional terms. As a result, an agency 
may be required to update its strategic plan a year before a 
presidential election and without input from a new Congress. If 
a new president is elected, the updated plan is essentially 
moot and agencies must spend additional time and effort 
revising it to reflect new priorities. Our focus group 
participants, including GPRA experts, strongly agreed that this 
timing issue should be addressed by adjusting time frames to 
correspond better with presidential and congressional terms.\4\
---------------------------------------------------------------------------
    \4\Government Accountability Office, Results-Oriented Government: 
GPRA Has Established a solid Foundation for Achieving Greater Results, 
8 (Mar. 2004) (GAO-04-38).

    The bill also requires each agency to designate a 
Performance Improvement Officer and creates a Performance 
Improvement Council. These were both elements of Executive 
Order 13450 issued by President Bush on November 13, 2007.
    H.R. 2142 holds agencies accountable by requiring agencies 
to make performance assessment information publicly available 
and by requiring the Government Accountability Office to 
perform frequent and detailed evaluations of agency 
implementation of this legislation.

                          Legislative History

    H.R. 2142 was introduced on April 28, 2009, and referred to 
the Committee on Oversight and Government Reform. The 
legislation was discussed during a hearing of the Subcommittee 
on Government Management, Organization, and Procurement held on 
April 13, 2010, titled ``Oversight of Federal Financial 
Management.'' The Subcommittee considered H.R. 2142 on May 12, 
2010, and forwarded the bill to the full Committee by voice 
vote. The full Committee considered H.R. 2142 on May 20, 2010, 
and ordered the bill reported favorably, as amended, by voice 
vote.

                           Section-by-Section


Section 1. Short title; table of contents

    This section provides that the short title of H.R. 2142 is 
the ``Government Efficiency, Effectiveness, and Performance 
Improvement Act of 2010.''
    This section also lists the table of contents.

Section 2. Findings and purposes

    This section provides findings including that regular 
performance assessments, complemented by periodic assessments 
of federal programs, provide critical information on whether 
programs are achieving specific performance objectives.
    This section also provides the purposes of the legislation 
including providing congressional policy makers with 
information needed to conduct more efficient oversight and 
assist in the improvement of agency operations and to make 
performance-informed and results-based authorization and 
appropriation decisions that improve the effectiveness of 
program operations.

Section 3. Agency defined

    This section defines agency as it is defined in the 
Government Performance and Results Act which is an Executive 
agency under section 105 of title 5 but not including the 
Central Intelligence Agency, the Government Accountability 
Office, the Panama Canal Commission, the United States Postal 
Service, and the Postal Regulatory Commission.
    The Cuellar amendment adopted during consideration by the 
Subcommittee made the definition of agency consistent with the 
existing definition in GPRA.

Section 4. Sense of Congress regarding the need for increased 
        consultation between Congress and federal agencies on 
        performance management issues

    This section provides a sense of the Congress that each 
agency head should make every effort to consult with relevant 
committees of Congress each fiscal year regarding the 
performance plan and priorities of the agency required by GPRA.

Section 5. Performance assessments

    Subsection (a) amends GPRA to add a new section 1120.
    As introduced, this section would require each agency, to 
the maximum extent practicable, to assess each of its programs 
at least once every five years. Agencies would have to 
collaborate with OMB in establishing assessment teams to 
evaluate programs.
    This section was amended during Committee consideration to 
focus agency efforts on high priority goals that cut across 
agency programs.
    Subsection (a) of the new section 1120 would require the 
head of each agency, in consultation with the Director of the 
Office of Management and Budget (OMB), to identify near-term 
and long-term high priority goals for the agency. This 
subsection provides a number of criteria the head of the agency 
must use in selecting goals. For example, the head of the 
agency must select goals that have performance outcomes that 
can be clearly and objectively assessed and measured. The 
Committee intends for agencies to select ambitious goals that 
push the agency to improve performance.
    Subsection (b) requires the head of each agency, in 
consultation with the Director of OMB, to assess progress 
toward achieving the high priority goals required by subsection 
(a) at least once a quarter. This subsection also requires 
agencies to assess progress toward achieving the annual 
performance goals required under GPRA at least twice a year. 
The Issa amendment that was adopted during full committee 
consideration added this increase in required assessments for 
annual goals required by section 1115 of GPRA as well as other 
requirements for annual goals found throughout this section. 
Agencies also must assess whether relevant programs and 
initiatives are contributing as expected toward those high 
priority and annual goals and agencies must identity strategies 
for improving performance.
    Subsection (c) directs the head of each agency, in 
consultation with the Director of OMB, to coordinate with 
relevant personnel within and outside the agency who contribute 
to the accomplishment of goals and to encourage innovation and 
hold leaders accountable for implementing high priority and 
annual program goals.
    Subsection (d) requires the Director of OMB to make 
available with the President's budget and on OMB's website, a 
list of the high priority goals required under subsection (a) 
and a list of annual goals for each agency program consistent 
with section 1115 of GPRA. OMB must also provide the methods 
that will be used by agencies to make progress toward achieving 
those goals, the expected contribution of various agency 
programs toward achieving goals, and the expected timeline for 
achieving the goals. OMB is also required to provide the 
approach agencies will use to assess progress toward achieving 
their high priority and annual program goals. The intent of 
this provision is for OMB to provide a clear and detailed 
explanation of the method agencies will use to assess progress. 
Under subsection (e), agencies must consider the comments 
received under this subsection.
    This subsection also requires OMB to provide a way for 
members of the public and members of Congress to submit 
comments on the high priority goals required under subsection 
(a), the annual goals required by GPRA, and the methods each 
agency will use to make progress toward achieving those goals. 
OMB must provide a way for agencies to adjust their goals based 
on those comments. As added by the Cuellar amendment adopted by 
the full Committee, OMB must also disclose on its website a 
summary of the comments received and any changes made to agency 
goals including any changes made at the direction of OMB. These 
requirements are intended to improve the transparency of the 
process.
    Subsection (e) requires the head of each agency to make the 
results of the agency's assessments accessible on the Internet 
in a searchable, machine readable format in accordance with OMB 
guidance. At a minimum, assessment results must be made 
available through OMB's website. The Director of OMB is 
required to notify the appropriate committees of Congress when 
the quarterly assessments of high priority goals become 
available on the Internet.
    This subsection requires that the performance information 
for high priority and annual program goals include certain 
information. For example, agencies must include a brief summary 
of the problem or opportunity being addressed and the reasons 
for identifying these agency goals. Agencies must include 
indicators that provide information about the population being 
served and, as added by the Chu amendment, to the extent 
possible, the impact on disadvantaged and minority communities 
and individuals. Among other factors, agencies must also 
include the process used by the agency to assess progress made 
toward achieving the goals.
    Agencies must also include in their performance 
information: a description of the extent to which any trends, 
developments, or emerging conditions affect the need to change 
the mission of programs being carried out to achieve the goal; 
practices that resulted in positive outcomes and the key 
reasons for those positive outcomes; and recommendations for 
actions to improve results.
    The head of each agency is required, under this subsection, 
to use, as necessary and appropriate, a variety of assessment 
methods and to maintain an archive of the information that is 
required to be disclosed under this subsection. Agencies are 
required to make previous performance results available to 
allow performance information to be compared over a period of 
time. Agencies are also required to consider the public 
comments submitted under subsection (d).
    Subsection (f) provides that for performance assessments 
that contain classified information, the President must submit 
each quarterly performance assessment to the appropriate 
committees of Congress and an appendix with a list of each 
affected goal and the committees which received the performance 
assessments to the House Committee on Oversight and Government 
Reform, the Senate Committee on Homeland Security and 
Governmental Affairs, the House and Senate Appropriations 
Committees, and the House and Senate Budget Committees. The 
Director of OMB, upon request from one of those committees, is 
required to provide a copy of any performance assessment and 
appendix.
    Subsection (g) clarifies that the functions and activities 
authorized or required under this section are considered 
inherently governmental functions and shall only be performed 
by federal employees.
    Subsection (h) authorizes agency heads, subject to OMB 
approval, to determine each year that the reporting 
requirements of this section also meet the annual reporting 
requirements of GPRA. This subsection was added by the Cuellar 
amendment during full Committee consideration to allow agencies 
to avoid unnecessarily redundant efforts.
    Subsection (j) includes the following definitions: ``agency 
performance improvement officer'' means a senior executive of 
an agency who is designated by the head of the agency, and 
reports to the head of the agency, the agency Deputy Secretary, 
or such other agency official designated by the head of the 
agency, to carry out the requirements of this section; and 
``performance information'' means the results of assessments 
conducted under this section.
    Section 5(b) was added by the Chaffetz amendment during 
full committee consideration. This subsection provides that 
relevant reviews of agency performance, conducted under section 
1120 (as added by this section), may be a criteria included in 
the performance appraisals for employees in the Senior 
Executive Service (SES). SES performance appraisals already 
must include considerations of organizational performance and 
the intent of this subsection is to clarify that any such 
consideration may include the relevant performance information 
for the agency added by this Act.
    Section 5(c) makes a clerical amendment to add the new 
section 1120 to the table of contents at the beginning of 
chapter 11 of title 31.

Section 6. Strategic planning amendments

    Subsection (a) amends GPRA to require the strategic plans 
required by GPRA to be filed two years after a presidential 
election year starting with September 30, 2010.
    Subsection (b) changes the deadline for strategic plans 
under GPRA to align with the 4-year presidential term rather 
than the current 5-year scheme.

Section 7. Improving Government performance

    Subsection (a) amends GPRA to add a new section 1121.
    Subsection (a) of the new section 1121 requires that each 
agency designate an agency improvement officer and identifies 
the duties of agency improvement officers. This subsection 
codifies language from Executive Order 13450, issued by 
President Bush.
    The duties of agency improvement officers include advising 
and assisting the head of the agency and other agency officials 
to effectively use performance planning, measurement, analysis, 
and regular progress assessments. The performance improvement 
officer is also responsible for such duties as advising the 
head of the agency on the selection of goals, the means for 
measuring progress toward meeting goals, and helping conduct 
quarterly performance assessments.
    Subsection (b) codifies another element of EO 13450 which 
is the establishment of a Performance Improvement Council. 
Under this subsection, the Performance Improvement Council will 
be chaired by OMB's Deputy Director for Management. Other 
members will include agency performance improvement officers 
and other agency employees determined appropriate by the Chair.
    The Performance Improvement Council is required to provide 
the Director of OMB recommendations on performance management 
policies and requirements, criteria for performance 
assessments, and how goals can improve coordination and results 
for programs that perform similar functions. The Performance 
Improvement Council is also required to perform a number of 
other functions including facilitating the exchange of 
information across agencies on performance management, 
monitoring the performance assessment process required under 
section 1120 and keeping members and committees of Congress and 
the public informed.
    Subsection (c) was added during full committee 
consideration by the Issa amendment. It requires the 
Performance Improvement Council to develop a website for 
federal agency performance information. It also requires the 
Council to link program performance information to program 
spending information on the website www.USASpending.gov and to 
report to Congress on the feasibility of creating a web-based 
platform for all government spending information and all 
program performance information.
    Section 6(b) requires the Director of OMB to prescribe 
guidance to implement the requirements of sections 1120 and 
1121 as added by sections 5 and 6 of this legislation.
    Section 6(c) makes conforming amendments to title 31 to add 
the new section 1121 to the table of contents.

Section 8: Assessment and reports

    Subsection (a) requires the Comptroller General to assess 
implementation of the Act the first, third, and fifth year 
after enactment and then every three years for OMB and the 
agencies covered by the Chief Financial Officers Act. GAO is 
required to include numerous specific matters in its evaluation 
such as whether the selection of high priority goals and annual 
program goals is tied to performance outcomes that can be 
objectively assessed and measured and have a high direct value 
to the public, the use of agency performance goals and measures 
and program assessments to improve performance and ensure 
taxpayer dollars are spent in an efficient and effective 
manner, and the use of agency performance goals and measures to 
clearly communicate performance priorities and results to the 
public.
    Subsection (b) requires the Comptroller General to consult 
with the Inspectors General when evaluating program and agency 
performance. This consultation requirement was added by the 
Issa amendment. The Comptroller General must also report to 
Congress on the results of each assessment conducted under 
subsection (a) including recommendations on ways to improve the 
performance assessment and communication process and the 
operations of agency performance improvement officers and the 
Performance Improvement Council.
    Subsection (c) requires the Comptroller General to include 
in the evaluation conducted three years after enactment an 
assessment of the effectiveness of this Act and the amendments 
made by this Act, the impact of the Act on GPRA, and any 
recommendations for improving the effectiveness of GPRA.

Section 9: Additions to performance plan

    This section was added by the Issa amendment. It requires 
agencies to address additional elements in their annual 
performance plans. Under this section, agencies must: (1) 
describe the existence and current scope of the problem that 
the program is intended to address, defined as an outcome that 
addresses the needs of the American people (not an input or an 
intermediate goal); (2) to the extent practicable, take into 
account other government or private sector efforts to address 
the problem and the cost-effectiveness of such efforts; (3) if 
the program is not new, describe the funds expended in the 
previous year and state the progress made during that time 
toward solving the problem; (4) describe the specific level of 
improvement expected to be made toward addressing the 
identified problem; and (5) state the long-term goal for the 
program and when it is expected to be achieved or the problem 
reduced to an acceptable level.

                       Explanation of Amendments

    Rep. Cuellar offered a substitute amendment when H.R. 2142 
was considered by the Subcommittee on Government Management, 
Organization, and Procurement that was adopted by a voice vote. 
The Cuellar amendment made a number of changes to the bill. 
These changes include requiring each agency, in consultation 
with OMB, to identify high priority goals with performance 
outcomes that can be clearly and objectively reviewed and 
measured and that have high direct value to the public. The 
Cuellar amendment requires agencies to review progress toward 
meeting those goals at least once each quarter. The amendment 
requires OMB to make available with the President's budget each 
year a list of agency goals and the approach to be used by 
agencies to review progress toward achieving those goals. OMB 
must also provide a way for Congress and the public to comment 
on the goals to be reviewed and methods each agency plans to 
use. The amendment requires agencies to make the results of 
performance reviews publicly available on the Internet. The 
Cuellar amendment requires GAO, or, as appropriate, an agency's 
Inspector General, to evaluate implementation of the bill at 
least as often as the first, third, and fifth years after 
enactment.
    During the full Committee's consideration of the bill, Rep. 
Cuellar offered another substitute amendment that was adopted 
by a voice vote. This amendment made further changes to the 
bill including requiring agencies to set annual goals with 
objectively measurable outcomes for each agency program in 
addition to the high priority goals required by the bill as 
amended in Subcommittee. The amendment clarifies that agencies 
must consider public comments received on the agency's high 
priority and annual goals. Under the amendment, agencies are 
required to assess whether relevant agency programs and 
initiatives are contributing to the achievement of goals. The 
amendment clarifies the impact of the bill on GPRA's reporting 
requirements and requires GAO to evaluate the effectiveness of 
the Act, its impact on GPRA, and any recommendations for 
improving the effectiveness of GPRA and reducing duplication. 
Additionally, the Cuellar amendment only requires GAO to 
evaluate implementation of the bill by OMB and larger agencies.
    Rep. Issa offered an amendment, adopted by a voice vote, 
to: amend GPRA to require agencies to address additional 
elements in their annual performance plans; require agencies to 
perform semi-annual assessments of the annual goals required 
under GPRA; require each agency to make performance assessment 
information for annual goals available in the same manner as 
for the high priority goals required by section 5(a) of the 
bill; require the Performance Improvement Council to perform 
additional duties including developing a website for federal 
agency performance information, linking program performance 
information to program spending information, and submitting a 
report to Congress on the feasibility of creating a single web-
based platform for all government spending information and all 
program performance information. The Issa amendment also 
requires GAO to consult with the Inspectors General when 
evaluating program and agency performance.
    Rep. Chu offered an amendment, passed by a voice vote, 
requiring agencies to provide, to the extent possible, 
information on the impact of agency initiatives on 
disadvantaged and minority communities and individuals.
    Rep. Chaffetz offered an amendment, passed by a voice vote, 
providing that relevant reviews of agency performance may be a 
criterion included in the performance appraisals for employees 
in the Senior Executive Service.
    Rep. Schock offered an amendment to create a Federal 
Program Sunset Commission. The Commission would create a 
schedule for reviewing federal programs. Each federal program 
would be abolished within one year after the Commission 
completes its review unless the federal program is reauthorized 
by Congress. The Schock amendment was rejected by a roll call 
vote of 11-17.

                        Committee Consideration

    On Thursday, May 20, 2010, the Committee met in open markup 
session and ordered that H.R. 2142 be reported favorably to the 
House, as amended, by a voice vote.

                            Roll Call Votes



              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations.
    H.R. 2142 requires executive branch agencies to perform 
performance assessments and other actions to improve 
performance management. The bill does not relate to the terms 
and conditions of employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report including the need to improve agency performance 
management efforts and the transparency of agency performance 
assessments.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including improving the efficiency and 
accountability of federal agencies and providing Congress and 
the public information about agency performance.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 2142. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the meaning of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 2142 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 2142. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 2142 from the Director of 
the Congressional Budget Office:

                                                      June 7, 2010.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2142, the 
Government Efficiency, Effectiveness, and Performance 
Improvement Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2142--Government Efficiency, Effectiveness, and Performance 
        Improvement Act of 2010

    H.R. 2142 would require federal agencies to expand their 
efforts to evaluate the effectiveness of all federal programs 
by adding to the requirements under the Government Performance 
and Results Act of 1993 (GPRA), which requires federal agencies 
to define their mission and evaluate their performance. CBO 
estimates that implementing the new performance evaluation 
requirements would cost about $150 million over the 2011-2015 
period, subject to appropriation of the necessary funds. 
Enacting H.R. 2142 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures would not apply.
    The bill would require federal agencies to: identify and 
assess their goals; submit strategic plans; designate agency 
improvement officers within each agency; establish a 
performance improvement council; impose additional reporting 
requirements for each agency's annual plan; and require several 
reports to the Congress from the Government Accountability 
Office regarding the evaluation of federal programs.
    H.R. 2142 would expand the current performance requirements 
for federal programs as established under GPRA and other 
federal statutes, policies, and executive orders related to the 
evaluation of such programs. For many agencies, making the 
revisions to those practices that would be required by the bill 
would have a small effect on their budgets. For agencies that 
find deficiencies in their current practices, there could be 
more significant costs to evaluate and review their 
performance.
    The President's budget for fiscal year 2011 requests $100 
million for 17 agencies to conduct evaluations of their 
performance similar to those that would be required under H.R. 
2142. Additional costs under the bill would depend on how 
extensively agencies have already embraced performance 
evaluation and on the emphasis this effort would place on 
specific agencies' programs. In total, CBO estimates that 
completing the required program evaluation for all major 
federal agencies (the 24 agencies and departments that employ a 
chief financial officer) would cost about $150 million over the 
next five years.
    Finally, implementing H.R. 2142 could lead to more 
effective management of government agencies at a lower cost. 
Any such savings would depend on amounts provided in future 
appropriation acts.
    H.R. 2142 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 31, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE II--THE BUDGET PROCESS

           *       *       *       *       *       *       *


   CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

Sec
1101. Definitions.
     * * * * * * *
1120. Performance assessments.
1121. Improving Government performance.

           *       *       *       *       *       *       *


Sec. 1115. Performance plans

  (a) In carrying out the provisions of section 1105(a)(28), 
the Director of the Office of Management and Budget shall 
require each agency to prepare an annual performance plan 
covering each program activity set forth in the budget of such 
agency. Such plan shall--
          (1) * * *

           *       *       *       *       *       *       *

          (5) provide a basis for comparing actual program 
        results with the established performance goals; [and]
          (6) describe the means to be used to verify and 
        validate measured values[.]; and
          (7) describe the existence and current scope of the 
        problem that the program is intended to address, 
        defined as an outcome that addresses the needs of the 
        American people, not an input (such as staffing or 
        resources expended) or an intermediate goal (such as 
        teachers or police hired);
          (8) to the extent practicable, take into account the 
        other efforts (if any) being made in Federal, State or 
        local governments or the private sector to address the 
        problem described under paragraph (7) and the relative 
        cost-effectiveness of such efforts;
          (9) if the program is not new, describe the amount of 
        funds expended in the previous year and state the 
        progress made in the previous year toward solving the 
        problem described under paragraph (7), including 
        evidence of whether the problem is increasing, 
        decreasing, or staying the same;
          (10) describe the specific level of improvement 
        expected to be made toward addressing the problem 
        described under paragraph (7); and
          (11) state the long-term goal for the program and 
        when that goal is expected to be achieved or the 
        problem described under paragraph (7) reduced to an 
        acceptable level.

           *       *       *       *       *       *       *

  (g) For purposes of this section and sections 1116 through 
[1119] 1121, and sections 9703 and 9704 the term--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 1120. Performance assessments

  (a) Identification of High-Priority Performance Goals.--For 
the purpose of improving agency performance, the head of each 
Federal agency, in consultation with the Director of the Office 
of Management and Budget, shall identify near-term and long-
term high-priority goals for purposes of this section. In 
identifying such goals, the head of the agency shall--
          (1) rely on the agency's mission, strategic plan and 
        objectives, and statutory directives;
          (2) consult with Congress, including each appropriate 
        committee of Congress;
          (3) select goals that--
                  (A) clearly identify agency priorities and 
                have performance outcomes that can be clearly 
                and objectively assessed and measured;
                  (B) are ambitious targets that have high 
                direct value to the public;
                  (C) involve indicators for which the agency 
                can collect reliable and timely data that may 
                be used in performance assessments to measure 
                progress and adjust strategies; and
                  (D) involve multiple programs, including 
                programs within and across multiple agencies 
                that are performing similar functions, serve 
                similar populations, have similar purposes, or 
                share common objectives, for purposes of 
                identifying common challenges, exemplary goals 
                and practices, common measures of performance, 
                and potential opportunities for more effective 
                and efficient means of achieving goals, 
                including through the integration and 
                consolidation of Federal functions; and
          (4) with respect to a subcomponent of the agency, 
        ensure the goals are consistent with the goals of the 
        entire agency.
  (b) Performance Assessments.--The head of each Federal 
agency, in consultation with the Director of the Office of 
Management and Budget, shall, not less often than quarterly for 
high-priority goals identified in subsection (a), and on a 
semi-annual basis for performance goals established pursuant to 
section 1115(a)(1) of this title--
          (1) assess progress toward achieving the goals 
        identified under subsection (a) and toward achieving 
        the annual performance goals for each program activity 
        established pursuant to section 1115(a)(1) of this 
        title;
          (2) assess whether relevant agency programs and 
        initiatives are contributing as expected toward the 
        goals identified under subsection (a) and the annual 
        performance goals for each program activity established 
        pursuant to section 1115(a)(1) of this title; and
          (3) identify prospects and strategies for performance 
        improvement, including any needed changes to agency 
        programs or initiatives.
  (c) Performance Assessment Requirements.--In conducting an 
assessment of agency progress toward achieving the goals 
identified under subsection (a) and toward achieving the annual 
performance goals for each program activity established 
pursuant to section 1115(a)(1) of this title, the head of a 
Federal agency, in consultation with the Director of the Office 
of Management and Budget, shall--
          (1) coordinate with relevant personnel within and 
        outside the agency who contribute to the accomplishment 
        of the goals; and
          (2) encourage innovation and hold leaders and 
        managers accountable for effective and efficient 
        implementation based on evidence and continuing 
        analysis of experience.
  (d) Transparency of Goals and Performance Assessments.--The 
Director of the Office of Management and Budget shall--
          (1) make available, as part of the President's budget 
        submission and through the Office of Management and 
        Budget website and other relevant websites, and provide 
        to the congressional committees described in subsection 
        (i)--
                  (A) a list of goals identified under 
                subsection (a) and reviewed by the Director;
                  (B) consistent with section 1115 of this 
                title, annual goals defined by objectively 
                measurable outcomes for each program 
                administered in whole or in part by the agency;
                  (C) the methods that will be used to make 
                progress toward achieving the goals identified 
                under subparagraphs (A) and (B);
                  (D) the expected contribution that different 
                agency programs and initiatives will make 
                toward achieving the goals identified under 
                subparagraphs (A) and (B) and the expected 
                timeline for achieving those goals; and
                  (E) the approach that will be used by 
                agencies to assess progress toward achieving 
                the goals identified under subparagraphs (A) 
                and (B);
          (2) provide a mechanism for interested persons, 
        including the general public and members and committees 
        of Congress, to submit comments on the goals being 
        assessed under subsection (a) and the annual 
        performance goals for each program activity established 
        pursuant to section 1115(a)(1) of this title and the 
        methods that will be used to make progress toward 
        achieving those goals;
          (3) provide a mechanism for agency delivery to and 
        consideration of comments provided under paragraph (2) 
        by each relevant agency and adjustment of goals under 
        subsection (a) and the annual performance goals for 
        each program activity established pursuant to section 
        1115(a)(1) of this title based on the comments, with 
        approval of the Director; and
          (4) make available through the Office of Management 
        and Budget website a summary of comments received under 
        paragraph (2), any adjustment of goals under paragraph 
        (3), and any changes to goals required by the Office of 
        Management and Budget.
  (e) Transparency of Performance Results.--(1) The head of an 
agency shall ensure that all results of the assessments 
conducted under this section by the agency during a fiscal year 
shall be readily accessible to and easily found on the Internet 
by the public and members and committees of Congress in a 
searchable, machine readable format, in accordance with 
guidance provided by the Director of the Office of Management 
and Budget that ensures such information is provided in a way 
that presents a coherent picture of the performance of Federal 
agencies. At a minimum, the results of the assessments 
conducted under this section shall be available on the website 
of the Office of Management and Budget and also may be made 
available on any other website considered appropriate by the 
agency or the Director. The Director shall also notify the 
appropriate committees of Congress when quarterly assessments 
become available on the Internet.
  (2) The performance information related to the assessments of 
goals in this section and section 1115 of this title shall--
          (A) include--
                  (i) a brief summary of the problem or 
                opportunity being addressed and reasons for 
                identifying these agency goals as well as key 
                findings of the assessments;
                  (ii) a list of each program and agency 
                contributing to achievement of the goal and the 
                time frame for such contributions;
                  (iii) an assessment of the quality of the 
                performance measures, and the extent to which 
                necessary performance data are collected;
                  (iv) a description of how leaders and 
                managers are held accountable for achieving 
                program results, and the extent to which strong 
                financial management tools are in place;
                  (v) contextual indicators that provide a 
                sense of external factors that can influence 
                performance trends related to key outcomes;
                  (vi) as appropriate, indicators that provide 
                information about the population being served 
                and to the extent possible, the impact on 
                disadvantaged and minority communities and 
                individuals;
                  (vii) factors affecting the performance of 
                programs, projects, and activities and how they 
                are impeding or contributing to failures or 
                successes of the programs, projects, and 
                activities, and the reasons for any substantial 
                variation from the targeted level of 
                achievement of the goals;
                  (viii) the process used by the agency to 
                assess progress made toward achieving the 
                goals; and
                  (ix) such other items and adjustments as may 
                be specified by the Director;
          (B) describe the extent to which any trends, 
        developments, or emerging conditions affect the need to 
        change the mission of programs being carried out to 
        achieve the goal;
          (C) identify, as part of any performance assessment, 
        practices that resulted in positive outcomes, and the 
        key reasons why such practices resulted in positive 
        outcomes; and
          (D) include recommendations for actions to improve 
        results, including opportunities that might exist for 
        the coordination, consolidation, or integration of 
        programs to improve service or generate cost savings.
  (3) The head of each agency shall--
          (A) use, as necessary and appropriate, a variety of 
        assessment methods to support performance assessments, 
        including methods contained in reports from evaluation 
        centers, in assessments by States, and in available 
        Federal program assessments;
          (B) maintain an archive of information required to be 
        disclosed under this section that is, to the maximum 
        extent practicable, readily available, accessible, and 
        easily found by the public; and
          (C) consider the relevant comments submitted under 
        subsection (d)(2).
  (f) Classified Information.--(1) With respect to performance 
assessments conducted during a fiscal year that contain 
classified information, the President shall submit--
          (A) each quarterly performance assessment (including 
        the classified information), to the appropriate 
        committees of Congress; and
          (B) an appendix containing a list of each affected 
        goal and the committees to which a copy of the 
        performance assessment was submitted under subparagraph 
        (A), to the congressional committees described in 
        subsection (i).
  (2) Upon request from a congressional committee described in 
subsection (i), the Director of the Office of Management and 
Budget shall provide to the Committee a copy of--
          (A) any performance assessment described in 
        subparagraph (A) of paragraph (1) (including any 
        assessment not listed in any appendix submitted under 
        subparagraph (B) of such paragraph); and
          (B) any appendix described in subparagraph (B) of 
        paragraph (1).
  (3) In this subsection, the term ``classified information'' 
refers to matters described in section 552(b)(1)(A) of title 5.
  (g) Inherently Governmental Functions.--The functions and 
activities authorized or required by this section shall be 
considered inherently governmental functions and shall be 
performed only by Federal employees.
  (h) Report Streamlining.--To eliminate redundancy, the head 
of an agency may determine each year, subject to the approval 
of the Director of the Office of Management and Budget and 
provided that it meets the requirements of this section and 
sections 1115, 1116, 1117, 1121, and the first 9703 of this 
title, that the performance information provided to the public 
on the Internet is sufficient to meet the planning and 
reporting requirements of such sections.
  (i) Congressional Committees.--The congressional committees 
described in this subsection are the following:
          (1) The Committee on Oversight and Government Reform 
        of the House of Representatives.
          (2) The Committee on Homeland Security and 
        Governmental Affairs of the Senate.
          (3) The Committees on Appropriations of the House of 
        Representatives and the Senate.
          (4) The Committees on the Budget of the House of 
        Representatives and the Senate.
  (j) Definitions.--In this section:
          (1) Agency performance improvement officer.--The term 
        ``agency performance improvement officer'' means a 
        senior executive of an agency who is designated by the 
        head of the agency, and reports to the head of the 
        agency, the agency Deputy Secretary, or such other 
        agency official designated by the head of the agency, 
        to carry out the requirements of this section.
          (2) Performance information.--The term ``performance 
        information'' means the results of assessments 
        conducted under this section.

Sec. 1121. Improving Government performance

  (a) Duties of Agency Performance Improvement Officers.--
Subject to the direction of the head of the agency, each agency 
performance improvement officer shall--
          (1) advise and assist the head of the executive 
        agency and other agency officials to ensure that the 
        mission of the executive agency is achieved through 
        performance planning, measurement, analysis, and 
        regular assessment of progress, including the 
        requirements of this section and sections 1115, 1116, 
        1117, 1120, and the first 9703 of this title and 
        section 306 of title 5;
          (2) advise the head of the agency on the selection of 
        agency goals, including opportunities to collaborate 
        with other agencies on common goals, and on whether--
                  (A) the performance targets required under 
                section 1115 of this title and the strategic 
                plans required under section 306 of title 5 
                are--
                          (i) sufficiently aggressive toward 
                        full achievement of the purposes of the 
                        agency; and
                          (ii) realistic in light of authority 
                        and resources provided for operations; 
                        and
                  (B) means for measurement of progress toward 
                achievement of the goals are sufficiently 
                rigorous, aligned to outcomes, useful, and 
                accurate as appropriate to the intended use of 
                the measures;
          (3) support the head of the agency, agency Deputy 
        Secretary, or such other agency senior official 
        designated by the head of the agency in the conduct of 
        at least quarterly performance assessments, while 
        strengthening the performance management activities of 
        the entire agency (including subcomponents) through at 
        least quarterly performance assessments to--
                  (A) assess progress toward achievement of the 
                goals administered in whole or in part by the 
                agency, as well as any goals common to that 
                agency and other agencies;
                  (B) identify factors affecting progress and 
                benchmarking comparisons;
                  (C) consider actions to improve the 
                performance and efficiency of programs, 
                projects, and activities; and
                  (D) hold leaders and managers accountable for 
                effective and efficient implementation and for 
                adjusting agency actions based on evolving 
                evidence;
          (4) assist the head of the agency in the development 
        and use within the agency of performance measures in 
        personnel performance appraisals, and, as appropriate, 
        other agency personnel and planning processes and 
        assessments;
          (5) assist the head of the agency in overseeing the 
        implementation required under section 1120 of this 
        title;
          (6) ensure that agency progress toward achievement of 
        all goals is communicated to leaders, managers, and 
        employees in the agency and Congress, and made public 
        on the Internet; and
          (7) provide training for agency managers, program 
        directors, supervisors, and employees on how to use 
        performance targets, measure key performance 
        indicators, assess programs, and analyze data to 
        improve performance.
  (b) Establishment and Operation of Performance Improvement 
Council.--
          (1) There is established in the executive branch a 
        Performance Improvement Council.
          (2) The Performance Improvement Council shall consist 
        exclusively of--
                  (A) the Deputy Director for Management of the 
                Office of Management and Budget, who shall 
                serve as Chair;
                  (B) such agency performance improvement 
                officers as determined appropriate by the 
                Chair; and
                  (C) such other permanent employees of an 
                agency as determined appropriate by the Chair 
                in consultation with the agency concerned.
          (3) The Chair or the Chair's designee shall convene 
        and preside at the meetings of the Performance 
        Improvement Council, determine its agenda, direct its 
        work, and establish and direct subgroups of the 
        Performance Improvement Council, as appropriate to deal 
        with particular subject matters.
          (4) To assist in implementing the requirements of 
        sections 1105, 1115, 1116, 1117, 1120, and the first 
        9703 of this title and section 306 of title 5, the 
        Performance Improvement Council shall--
                  (A) develop and submit to the Director of the 
                Office of Management and Budget, or when 
                appropriate to the President through the 
                Director of the Office of Management and 
                Budget, at times and in such formats as the 
                Chair may specify, recommendations concerning--
                          (i) performance management policies 
                        and requirements;
                          (ii) criteria for assessment of 
                        program, project, and activity 
                        performance; and
                          (iii) how the goals required by 
                        section 1120(a) of this title can 
                        inform the Federal Government 
                        performance plan required by section 
                        1105(a)(28) of this title, and lead to 
                        improved results from and interagency 
                        coordination of programs that perform 
                        similar functions;
                  (B) facilitate the exchange among agencies of 
                information on performance management, 
                including strategic and annual planning and 
                reporting, to accelerate improvements in 
                performance;
                  (C) monitor the performance assessment 
                process required under section 1120 of this 
                title;
                  (D) facilitate keeping members and committees 
                of Congress and the public informed, and with 
                such assistance of heads of agencies and agency 
                performance improvement officers as the 
                Director of the Office of Management and Budget 
                may require, provide members and committees of 
                Congress and the public with information on the 
                Internet on how well each agency performs and 
                that serves as a comprehensive source of 
                information on--
                          (i) agency strategic plans;
                          (ii) annual performance plans and 
                        annual performance reports;
                          (iii) performance information 
                        required under section 1120 (d) of this 
                        title;
                          (iv) the status of the implementation 
                        of performance assessments required 
                        under section 1120 of this title;
                          (v) relevant impact and process 
                        assessments; and
                          (vi) consistent with the direction of 
                        the head of the agency concerned after 
                        consultation with the Director of the 
                        Office of Management and Budget, any 
                        publicly available reports by the 
                        agency's Inspector General concerning 
                        agency program performance;
                  (E) monitor implementation by agencies of the 
                policy set forth in sections 1115, 1116, 1117, 
                1120, and the first 9703 of this title and 
                section 306 of title 5 and report thereon from 
                time to time as appropriate to the Director of 
                the Office of Management and Budget, or when 
                appropriate to the President through the 
                Director of the Office of Management and 
                Budget, at such times and in such formats as 
                the Chair may specify, together with any 
                recommendations of the Council for more 
                effective implementation of such policy;
                  (F) obtain information and advice, as 
                appropriate, in a manner that seeks individual 
                advice and does not involve collective judgment 
                or consensus advice or deliberation, from--
                          (i) State, local, territorial, and 
                        tribal officials;
                          (ii) representatives of entities or 
                        other individuals; and
                          (iii) members and committees of 
                        Congress;
                  (G) coordinate with other interagency 
                management councils; and
                  (H) make recommendations to Congress on 
                duplicative, unused, or outdated performance 
                policies or reporting requirements.
          (5)(A) The Administrator of General Services shall 
        provide administrative and other support for the 
        Council to implement this section.
          (B) The heads of agencies shall provide, as 
        appropriate and to the extent permitted by law, such 
        information and assistance as the Chair may request to 
        implement this section.
  (c) Additional Duties of the Council.--The Council--
          (1) shall develop a website for Federal agency 
        performance information;
          (2) shall link program performance information to 
        program spending information on the website 
        www.USASpending.gov; and
          (3) shall submit a report to Congress on the 
        feasibility of creating a single web-based platform for 
        all Government spending information and all program 
        performance information.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 3--POWERS

           *       *       *       *       *       *       *


Sec. 306. Strategic plans

  (a) [No later than September 30, 1997,] Not later than 
September 30 of the second year following a year in which an 
election for President occurs, beginning with September 30, 
2010, the head of each agency shall submit to the Director of 
the Office of Management and Budget and to the Congress a 
strategic plan for program activities. Such plan shall 
contain--
          (1) * * *

           *       *       *       *       *       *       *

  [(b) The strategic plan shall cover a period of not less than 
five years forward from the fiscal year in which it is 
submitted. The strategic plan shall be updated and revised at 
least every three years, except that the strategic plan for the 
Department of Defense shall be updated and revised at least 
every four years.]
  (b) Each strategic plan shall cover the four-year period 
beginning on October 1 of the second year following a year in 
which an election for President occurs.

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART C--EMPLOYEE PERFORMANCE

           *       *       *       *       *       *       *


CHAPTER 43--PERFORMANCE APPRAISAL

           *       *       *       *       *       *       *


SUBCHAPTER II--PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE

           *       *       *       *       *       *       *


Sec. 4313. Criteria for performance appraisals

  Appraisals of performance in the Senior Executive Service 
shall be based on both individual and [organizational 
performance,] organizational performance (including such 
reviews of agency performance, conducted under section 1120 of 
title 31, as are relevant), taking into account such factors 
as--
          (1) * * *

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    H.R. 2142, as amended and reported by the Committee on 
Oversight and Government Reform, would modify aspects of the 
Government Performance and Results Act of 1993 (GPRA). 
Currently, GPRA requires agencies to develop five-year 
strategic plans, annual performance plans, and annual program 
performance reports.
    H.R. 2142 would establish a framework for quarterly 
``performance reviews'' focused on pursuit of agency-wide 
``high-priority performance goals'' set by agencies in 
consultation with OMB. According to CRS, the Administration 
envisions these reviews to be ``in-person meetings.'' The 
results of the reviews would be posted on OMB's website. H.R. 
2142 would also establish an OMB-controlled Performance 
Improvement Council staffed by agency Performance Improvement 
Officers.
    During Committee markup, Ranking Member Issa offered an 
amendment (accepted) which strengthens the bill by requiring 
agencies and OMB to consider program-level performance instead 
of just progress made toward meeting broad agency-wide goals. 
The amendment requires agencies and OMB to review progress 
toward meeting existing GPRA-mandated performance goals 
semiannually; it also strengthens the existing GPRA statute by 
including additional program performance metrics in the 
planning process.
    Unfortunately, although H.R. 2142 may sound like a good-
government bill, it falls short of the threshold for support on 
a number of key points.
    First, according to the Congressional Budget Office, it 
increases discretionary spending by $150 million over the next 
five years. At a time of record budget deficits, Congress ought 
to pass legislation that reduces spending or at least holds it 
steady.
    Second, although H.R. 2142 spends millions of dollars 
creating ``performance improvement officers'' at federal 
agencies and establishing an interagency ``performance 
improvement council,'' it does not establish a means by which 
agencies must consolidate or eliminate failing programs. The 
lack of real consequences for programs that do not meet their 
goals is a serious weakness of H.R. 2142.
    Third, in an amendment offered by Mr. Schock there would 
have been a federal program sunset commission created to sunset 
or drastically change underperforming federal programs. The 
commission would review every federal program and make 
recommendations to Congress on how to improve or consolidate 
each program. Within one year of a sunset commission review, a 
program would be automatically abolished unless reauthorized by 
Congress. Mr. Schock's amendment failed in committee.
    In a study recently released by the Mercatus Center at 
George Mason University, economist Jerry Ellig examined the 
impact of GPRA on the internal management of federal programs 
and on congressional decision making. Professor Ellig found 
that while GPRA was successful in improving the availability 
and use of performance information in federal agencies, this 
information was rarely, if ever, taken into account by Congress 
in making budgetary decisions:

    A content analysis of appropriations documents suggests 
Congress had little interest in using performance information 
at this time. Moynihan (2008) examined appropriations bills, 
accompanying conference reports, and oversight and 
appropriations hearings in search of performance discussions. 
In 3,527 single-spaced pages of text, he found that 
`performance' was mentioned just 57 times in reference to 
expected or projected program performance . . . and 47 times in 
reference to actual program achievement.

    Ellig went on to argue that in order for performance 
information to have a significant impact on budgetary 
decisions, the incentives facing decision makers must change. 
He suggested consideration of reforms like budget amendment 
rules, supermajority requirements, and a commission to 
terminate ineffective programs.

                                                   Darrell E. Issa.

                                  
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